Buma/Stemra
Based on the Copyright Act, the copyright belongs to the composer, the creator of the work. The composer can be represented by Buma/Stemra regarding this right. The client does not acquire copyright by commissioning the work and must make arrangements with the composer or Buma/Stemra regarding performance rights and mechanical reproduction rights (such as for CDs and EPs).
Grand rights
An exception usually arises with the performance rights of musical-dramatic works (operas, ballets, and music theater pieces), the grand rights. Buma/Stemra does not automatically act on these copyrights in connection with staged performances (and TV broadcasts of these works). Performance rights must be agreed upon per project with the producer/client.
The composer can arrange grand rights themselves, but it is not uncommon for the publisher to negotiate these on behalf of the composer. In such cases, it is wise not to grant the negotiator more authority than necessary for conducting the negotiations. It is possible to handle grand rights through Buma/Stemra, but this must be agreed upon before the start of composition. The composer is free to determine whether a work falls under grand rights or not. Mechanical reproduction rights for musical-dramatic works (simply put: opera on record) are, however, represented by Buma/Stemra.
Interested in learning more? Email us or contact Hans Stekelenburg from Buma/Stemra.
Music for media Broadcasters unilaterally use a standard contract and a table of broadcast rights rates, presenting it as the standard. The composer is not bound by this and can negotiate broadcast rights with broadcasters, similar to the situation with performance rights.
For more information on copyright, visit www.auteursrecht.nl.