[Fmpro] Euro splits in Holland

[Han Otten - Soundpalette]

On 8/2/07 5:11 PM, "leshurdle" <leshurdle at avradionet.com> wrote:

> So, there are laws !!
> 
> How does one know one is being paid 2/3ds of the gross via an ASCAP/
> BMI/SESAC statement?

Things get a bit vague when working with an American production company,
Dutch BUMA tends to tolerate other deals here, they are pragmatic and maybe
that is good, otherwise a simple thing like distributing a Dutch movie in
the US would be a big problem as American distributors won't go for such a
deal.

Han



> 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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> 
> 
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