Performing Artists Fund

Performing Artists Fund

The term of protection for commercially released titles has been extended from 50 to 70 years, entitling both musicians and producers of phonograms to an additional 20 years of operating rights and Sena payments (from neighbouring rights). All producers must therefore submit income information for titles released on or after 1 January 1963 until 1966 by no later than 1 April 2018. Even if producers have not accrued any income from recordings released from 1963 until 1966, we require a confirmation of this before 1 April 2018. More details on what these legislative changes mean for you as a producer are provided below.

What has changed in the Neighbouring Rights Act? (Wet Naburig Recht)

The term of protection for commercially released titles (referred to in the Act as 'phonograms released for commercial purposes') has been extended from 50 to 70 years. This change was made in accordance with the European Directive and applies to all commercial titles released on or after 1 January 1963. Titles from 1963 until 1966 are now still under protection.

Why do we ask you about your income information on titles from 1963 until 1966?

The term of protection for commercially released titles has been extended from 50 to 70 years. Repertoire which was still protected as of 1 November 2013 is subject to the extended term. Session musicians who played on such recordings therefore have a right to an additional fee from producers. Producers contribute 20% of the operating revenue to the fund from titles for which the term of protection has been extended (with year of release from 1963 until 1966), i.e. titles that are between 50 and 70 years old.

What qualifies as income?

Income includes the revenue (before deduction of costs) earned from the reproduction, distribution and making available of the commercially released title, otherwise known as 'primary exploitation'. Income from Sena, the Home Copy Association (Stichting de Thuiskopie) and the Public Lending Right Office (Stichting Leenrecht) does not count here – musicians have independent rights to this income.

How do I report the income?

All producers are required to report on repertoire subject to extended protection under the legislative amendment. Even if producers have not accrued any income from recordings released from 1963 until 1966, we must receive confirmation of this before 1 April 2018. All producers received an email to this extent on January 24th 2018 asking them to report their income directly. On this page, producers can also confirm that they never accrued any income from recordings released from 1963 until 1966. 

How do I make payments?

Use the Excel sheet to report income from titles released from 1963 until 1966. After submitting the Excel sheet, the associated payment (20% of the income received) must be made to account number NL68 ABNA 0444 9740 32 (IBAN) under the name Sena in Hilversum, stating Fonds Uitvoerende Kunstenaars as payment reference.

Relevant downloads

Reporting sheet (Excel)
Sena list of titles released from 1963 till 1966 (Excel)
Instructions on the fields to be completed
FAQ Fund for performings artists
Distribution Regulations Fund for Performing Artists

What are the exacts steps I have to follow?

 Search your own repertoire for titles released from 1963 until 1966, which are now subject to protection rights.
 Also search the Sena list of titles released from 1963 until 1966. This list includes titles known to us, and is therefore not exhaustive. Producers themselves are and remain responsible for correct and complete submissions/reporting. Producers are not obliged to investigate whether (and if so which) session musicians were involved.
Search the Sena list of titles released from 1963 until 1966
 Report the income from this repertoire using the Excel sheet by 1 April 2018.
Instructions on the fields to be completed
 Upload the filled Excel sheet via the link in the e-mail you received on 24 January. Did you have no accrued income in 2017 over recordings released from 1963 until 1966? Then please also let us know via the link in the e-mail. An e-mail stating ‘no income’ will suffice.
 Can you not find the e-mail of 24 January? Send the filled Excel sheet by 1 April 2018 to fondsuitvoerendekunstenaars@sena.nl stating your Sena number.
 Transfer the associated payment (20% of the income received, before deducting costs) to account number NL68 ABNA 0444 9740 32 (IBAN) under the name Sena in Hilversum, stating Fonds Uitvoerende Kunstenaars as payment reference.
 Sena is responsible for managing the fund.
 If musicians do not submit a claim within three years, you are entitled to receive a refund unless you decide otherwise.

Any questions?

If you have any questions, please check to see if the answer is included in the detailed FAQ. For other questions, please contact the Service Desk on +31 (0)35 - 625 17 80.