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Sena SurchargeBack to homepage
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.
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amendment, the distinction between protection in accordance with the Treaty of Rome, or WIPO Treaty (WPPT-Verdrag), is no longer valid as of 1 January 2021.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.
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.
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.
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%
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.
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.
Sena aims to send the surcharge invoice for 2021 in the third quarter of 2021.
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.
You can contact us about this via 020 - 700 9099 or send an email to email@example.com.
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.
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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