End of the "safeguard" for rights-inclusive music?
As an entrepreneur, you are regularly approached by providers of so-called rights-inclusive music (also known as royalty-free or rights-free music). However, since January 1, 2024, the situation surrounding this music has changed dramatically due to new policy from Sena.
According to the law, the creators must be paid for the "commercial" use of well-known music. BumaStemra (for composers and lyricists) and Sena (for artists and producers) are the organizations that collect and distribute these fees.
What about rights-inclusive music?
Sena has announced that it will no longer accept indemnities from music suppliers as of January 1, 2024. Previously, a supplier could say, "With our music, you don't need a Sena license." Sena now states that its repertoire coverage is so broad that it assumes, in principle, that a fee is payable for any public use of music.
This means that the burden of proof has been reversed: as an entrepreneur, you must be able to demonstrate that the music played does not fall under Sena's mandate. In practice, this is very difficult and risky from an administrative point of view. As a result, in almost all cases you will still need a Sena license. (Read more about this on the Sena website).
What exactly is rights-inclusive music?
This term refers to music (often unknown repertoire) for which you pay the provider directly, rather than via BumaStemra and Sena. However, due to Sena's new rules, the financial benefit of this has largely evaporated. There is a good chance that you will now pay twice: once to the provider and once to Sena.
Difference between BumaStemra and Sena
BumaStemra and Sena are the Dutch organizations that represent the interests of music creators.
- BumaStemra: Advocates for composers, lyricists, and publishers (Copyright).
- Sena: Advocates for artists and record producers (neighboring rights).
When using music for business purposes, it is essential to follow the rules of both organizations to avoid fines and additional charges.
Why switch to commercial music?
Because Sena no longer accepts waivers, the "cheap" alternative of royalty-free music has become much less attractive. The price difference is smaller, or even works against you if you still have to pay for a Sena license.
The conclusion is simple
If you have to take a Sena license into account in the new situation anyway, why would you still opt for unknown, royalty-free tunes? Now is the time to choose the power of well-known, commercial music. Music that your customers recognize, that creates atmosphere, and that fits your brand.
Would you like to know which license you need and start streaming the right music right away? Then please contact us.
Frequently asked questions
What is the most significant change regarding rights-inclusive music as of January 1, 2024?
The most important change is that Sena no longer accepts generic indemnities (exemptions) from music suppliers. Previously, a supplier could declare that their music did not contain any Sena repertoire. Now, Sena assumes by default that the music does fall under their mandate. The burden of proof now lies entirely with you as an entrepreneur: you must be able to demonstrate that none of the songs played contain Sena repertoire.
Do I really need a Sena license if I play rights-inclusive music?
In theory, no, if you can guarantee that 100% of your playlist consists of music whose artists and producers are not affiliated with Sena. In practice, however, this is extremely difficult to prove and administratively very complex. To avoid legal risks, additional tax assessments, and disputes, obtaining a Sena license has now become the safest and most realistic option.
What is the difference between BumaStemra and Sena?
These are two different rights holders and licenses:
- BumaStemra: Int fees for copyright (for composers and lyricists).
- Sena: Int fees for Neighboring Rights (for performing artists and record producers).
In most cases, you need a license from both organizations to use commercial music in the Netherlands. You can arrange this via MijnLicentie.nl.
Now that I probably need a Sena license, wouldn't commercial music be more cost-effective?
Yes, the financial and administrative gap between rights-inclusive music and commercial music has virtually disappeared thanks to the new Sena rules.
In many cases, you either pay twice (to the rights-inclusive provider and to Sena), or you take unnecessary risks. If you have to take Sena's costs into account anyway, commercial music via BCM Stream offers the following advantages:
- No administrative concerns about the burden of proof.
- The ability to use popular, mood-setting music.
