[Fmpro] Euro splits in Holland

leshurdle leshurdle at avradionet.com
Thu Aug 2 15:11:01 GMT 2007


So, there are laws !!

How does one know one is being paid 2/3ds of the gross via an ASCAP/ 
BMI/SESAC statement?

Les

On Aug 2, 2007, at 7:54 AM, Han Otten - Soundpalette wrote:

>
> 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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