Under the so-called Atresmedia fix, broadcasters mark music in commercials and in foreign films and series as “already arranged” (is geregeld) at Sena. The consequence: that music is not paid out to its makers.
We think that is wrong. Together with BCMM, the professional association of media composers, we set up a collective of media producers to object, and to secure the rights of makers.
Why we object
A sync licence gives permission to put picture to sound. It does not give permission for the use and exploitation of that music afterwards. That is how it has worked in practice for a long time, and we rely on, among other things, the Haviltex standard: a contract is read by what the parties could reasonably expect of each other, not only by its wording.
Excluding commercials and foreign films and series as “already arranged” is therefore unjustified. An objection is needed to secure your rights.
Before you start
- Use the new licence text only. An adjusted licence text has been shared with the collective. Use it from now on with your clients, so your future income is secured too.
- Register all your titles in MySena. Make sure all your music is registered, with a sound file. Only then does it become clear which music falls under “already arranged” and is not being paid.
Step by step: objecting via MySena
- Log in to your Sena producer account in MySena.
- Claim all your music. Go through the list of unclaimed tracks: claim a track if it is yours, reject it if it is not.
- Check “music still to be identified”. Search for your tracks, listen, and claim what is yours. Sena needs a few days to process claims, log in again afterwards.
- Go to “Atresmedia fix / Is geregeld”. When your overview is correct, export the Sena playlist lines. An Excel file is downloaded.
- Remove only the lines you do not want to object to. Everything else stays in.
- Email the file to Sena at servicedesk@sena.nl.
What happens next
Sena forwards the objections to the broadcasters concerned once a month. The broadcasters’ response is reported back to you. Keep your export, and let BCMM know about your “not arranged” claim.
In three steps
- Update your licence agreement.
- Object via Sena.
- Spread the word.
Questions about your objection? Get in touch with our legal team.