Based in Hilversum, Netherlands, SENA is the largest CMO for both performers and recording rightsholders in the Netherlands.
SENA collects for public performance, broadcasting, simulcasting, digital non-interactive services (webcasting) and cable retransmission rights. For a recording to qualify for payment in the Netherlands, one of the things SENA look at is where the recording is commissioned. This is determined by the recording rightsholder.
Recording rightsholders commissioning tracks in certain territories, including most notably those based in the USA, receive revenue from the Netherlands for private copy and digital transmission of their recordings only. These recordings are not protected for other rights including public performance and broadcast in the Netherlands, which reduces the income potential for these tracks for both recording rightsholders and performers.
The market in the Netherlands is particularly strong. The Dutch are big consumers of international repertoire, and most recent figures show SENA’s overall collections were €61.8 million in 2015, an overall increase of 10% annually. This includes 9% increases for private copying and public performance revenue and a 7% increase for broadcasting revenue.
Throughout 2016, SENA trialled the use of audio recognition technology to automate their reporting. If successful, in the long term, it is anticipated that this should lead to an increase in the accuracy of reported usage.
SENA’s period of limitation (open claims period) is three years, meaning PPL is able to make claims for the current open airplay period of 2014 to 2016.
Working with SENA
PPL has a strong working relationship with SENA and we collaborate to drive collections for our respective members. In October 2016, PPL spent a week on site with SENA to look further at ways we can work together to increase the amount of money we collect for our performer and recording rightsholder members in the Netherlands. During this visit, we focused on recordings where SENA had been unable to allocate revenue to members due to data issues in their databases. We worked proactively on these data issues ensuring both featured and non-featured performers were correctly linked and this money was correctly allocated. We also worked to ensure reserves were not being held unnecessarily against recordings.
PPL’s approach to working with SENA resulted in an increased payment to PPL of €1.2 million in December 2016 and contributed to a year on year increase in revenue collected from the Netherlands.
In 2017 PPL and SENA will continue working on a number of focused projects, including working together to resolve recording level disputes.