[Fmpro] Euro splits in Holland

Han Otten - Soundpalette han at soundpalette.nl
Thu Aug 2 14:54:36 GMT 2007


In the Netherlands (BUMA/STEMRA) there's a 1/3d (publisher), 2/3d's (comp)
split by law.

In general, after reading the things expressed on this forum for a while, I
get the feeling I am, in this respect, quite privileged to be living here
instead of in the US.

Fee's for broadcasts are quite high here (espec. for a small country), and
the problems that arise with the authouring rights org's are mostly of a
bureaucratic nature, and not about structural issues or the payments per
second etc. which are ok.

Other difference is that our BUMA has a monopoly on authouring rights,
so you have to deal with them, like it or not. Good thing is the producer
also has to deal with them. No escape.

Mechanicals have been free to negotiate for a couple of decades, but this
was cancelled because it lead to excesses. Now this is also exclusively
dealt with by BUMA.

I think the situation in Scandinavia is actually even better for composers,
I had some things broadcasted in Sweden and the amount payed for that was a
pleasant surprise. Anyone on the list from Sweden?

Han Otten




On 8/2/07 3:10 PM, "Michael Leahy" <writestuff at chello.be> wrote:

> I'm a member of Sabam (Belgium), the default split is 50/50 and anything
> else can be done but involves much teeth-gnashing. In general, the other
> splits now tend to be contractual, in that the publisher agrees to
> subsequently pay the relevant amount to the writer when he gets paid by
> Sabam (or whatever).
> 
> The one thing that really appalls me when dealing with US film and game
> producers is the idea that the mechanicals are negotiable. It's just not
> true outside the US and even if I did a deal that implies this, Sabam
> and Sacem will very actively pursue those rights irrespective of the
> contract. This inevitably causes much grief to companies that are not
> aware of this, and there are plenty of them on both the US and European
> side.
> 
> Making the mechanicals negotiable is a catastrophe, as it leads to
> situations where (a recent example) I was offered $600 for a placement
> in a film with major distribution (I have doubts about this deal, but it
> is nonetheless not exceptional as an offer). Knowing that sometimes up
> to 70% of revenue comes from DVD sales, and that non-US income totals
> over 50% of a film's income, you can quickly calculate the stunning loss
> of revenue this deal represents if the film does any business.
> 
> Nonetheless, smaller labels and composers are still willing to play
> ball. Eek!
> 
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