Sena Surcharge

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This has to do with a legislative amendment as of 1 January 2021.

Sena has an animation for you which clearly shows how the surcharge came into being. It will answer many questions.

You can watch the animation here.

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In accordance with the Neighbouring Rights Act only the repertoire whose original master owner is located in a country that has signed the Treaty of Rome was protected for any kind of public performance in accordance with the Sena mandate. This legislative amendment, arising from a ruling by the European Court of Justice, means that repertoire from all the countries that have signed the WIPO Performances and Phonograms Treaty (WPPT-verdrag), including the United States, must also be represented by Sena. As a result of the legislative amendment, the distinction between protection in accordance with the Treaty of Rome, or WIPO Treaty (WPPT-Verdrag), is no longer valid as of 1 January 2021. Through this, more repertoire is protected and Sena is therefore forced to levy a surcharge.

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Rome repertoire concerns music whose creator is located in a country that has signed the Treaty of Rome. Non-Rome repertoire concerns music whose creator is located in a country that has not signed the Rome Treaty. As a result of the legislative amendment, repertoire from countries that have signed the WIPO Performances and Phonograms Treaty (WPPT-Verdrag) is now also protected, which is tantamount to global repertoire.

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No, the legislative amendment only applies to Sena. On www.sena.nl you can read a detailed description of the legislative amendment stemming from the European Court of Justice ruling.

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As of 1 January this year, a surcharge of 12.5% is applicable on the current tariffs for 2021. For 2022 there will again be an additional surcharge of 12.5%

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We are aware of the difficult times as a result of the coronavirus crisis for both you as music user and for our rights holders. The effective date of this legislative amendment of 1 January 2021 is extremely unfortunate. The legislative amendment is, however, a result of the ruling by the European Court of Justice. Sena is obliged to implement the law. Sena has had no influence on the implementation date of the law.

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Recently, Sena has reached agreement with the Copyright Commission (the “CAR) of VNO/NCW (The Confederation of Netherlands Industry and Employers) and MKB-Nederland to levy a surcharge.

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Sena aims to send the surcharge invoice for 2021 in the third quarter of 2021.

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The surcharge relates to the legislative amendment which came into effect on 1 January 2021. Sena has recently reached agreement with the Copyright Commission (the “CAR”) of VNO-NCW and MKB-Nederland about the amount of the surcharge for music users for the years 2021 and 2022. This surcharge will therefore now be invoiced separately. 

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You can contact us about this via 020 - 700 9099 or send an email to info@mijnlicentie.nl.

Has your question been answered?

Up until 1 January 2021 you only paid for music whose creator was located in a country that had signed the Treaty of Rome. The United States has not signed this treaty. As a consequence of the legislative amendment you now have to pay for the use of music whose creator is located in a country that has not signed the Treaty of Rome, but has signed the WIPO Performances and Phonograms Treaty(WPPT-Verdrag). The United States has signed this treaty. As of 1 January, Sena is obliged to collect for global repertoire.

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The surcharge has been negotiated between Sena and the Copyright Commission (the “CAR”) of VNO-NCW and MKB-Nederland for the years 2021 and 2022.

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Contact information


Phone 
on weekdays 09:00-17.00
phone number 020-70 09 099

Address 
Postbus 1316, 
2130 EK Hoofddorp 
Chamber of Commerce registration number 34286922