Copyright permission: the Dutch approach

Imagine you are a collective of musicians and other artists and you decide to realize a long cherished dream. You want to record music on a double DVD and on a CD. There are several composers and musicians involved. Some of these composers are members of collecting society Buma/Stemra, others manage their own rights. Then you know that you have to have permission from Stemra to record and reproduce the musical works of the members. That sounds easy, but it is not.

Late October 2011, an information request was sent to Stemra. This is followed by a quick answer. It says that for the recording of music added to a film permission of Stemra is needed. This can be arranged through an application form for an audiovisual independent production. The same day the information is sent about making an audiovisual independent production. Because not everything is clear - it is an initial application - more information is requested. In the second half of November, a message was received saying that this production is a registration of an event and therefore falls under the heading "Registration". Stemra uses fixed rates for this type of production, they can be found in the relevant brochure stating that all music projects where music is recorded must be reported to Stemra. After the applicant has explained the situation again he receives a message late November saying that Stemra for her claim will look at all the authors (composers / lyricists) and their possible membership of a (mechanical) rights organization. Added to this is the following sentence: "If music is released on DVD, we see that as a commercial release."

Then the applicant receives all forms relating to the use of existing repertoire in audiovisual productions (commercial productions). Costs: Euro 144.00 (composition and recording together) for every 30 seconds or part of it per musical work including 50 copies within the Benelux and Euro 198,00 (composition and recording together) for every 30 seconds or part of it per musical work including 50 copies within Europe.

That would mean the end of this project. Meanwhile, the applicant turned to VMR for advice. The advice: explain it again and keep going. Early January, after the situation was explained once again, Stemra sends the same message as the end of November. Then the situation was explained once more time and then follows the message that Stemra unfortunately can not deal with the application: "This requires that you have to complete fully the application form for an audiovisual independent production."

VMR helped applicants fill in the form, with the warning that probably something will not be quite all right, but in itself the situation seems clear.

Mid-February 2012, everything is settled, so it seems. There is permission from Stemra, at a favorable rate. But then it became clear that the permission only referred to the audio CD. That is reported to Stemra. In response, this organization states that it is not possible to process CD and DVD as one product and the applicant is sent a new application form.

To be continued.