MAXIMISING THE RELATIONSHIP BETWEEN COLLECTING SOCIETIES AND PERFORMERS UNIONS

Warsaw, 8th May 2009

NORMA is a collecting society for performers.

This includes actors, singers and musicians and dancers.

WHO IS NORMA?

But also variety-, puppet show-or circusartists and any other person who acts, sings, delivers or otherwise performs a literary or artistic work.

PERFORMERS

Total number of members

42

00 56

00 7

00

0 81

00 9

60

0

0123456789

10X 1000

2004 2005 2006 2007 2008

NORMA collects and distributes:

• Private copy remuneration (audio live, audiovisual and

interactive);

• Lending rights (audio, audiovisual and interactive);

• Remunerations for exploitation ‘old’ work on DVD and

radio plays;

• Remunerations for background music and;

• Remunerations of exploitation of archives.

REMUNERATIONS

SUM TOTAL DISTRIBUTION OF RIGHTS

NORMA is more than only a collecting society, that collects

and distribute remunerations!

NORMA tries to improve the (contractual) situation of

performers and to look after their interests.

NORMA IS MORE

SCOBEMA

NORMA established together with the trade unions

for musicians and actors:

and

the FOUNDATION SCOBEMA (Collective Interests of

Musicians and Actors) aimed to realize that,

especially in the audiovisual sector, musicians and

actors can enforce their related rights.

SCOBEMA

AIM:

To start negotiations with (public) broadcasters and producers

to improve contractual position of performers and to ensure

(repeat) additional payment for all forms of exploitation;

To organise and mobilise actors and musicians;

To start political lobby with the departments of culture and

justice at all issues of related rights, but focuses on achieving a

really fair remuneration fixed in law.

EQUITABLE REMUNERATION

Equitable remuneration for musicians is fixed by law

when commercial phonograms are broadcasted

(distributed by )

Regarding all other forms of exploitation, a fair share

or a reasonable percentage are not seen in practice.

Actors and musicians often feel forced to transfer all

their rights to the producers or broadcasters against

one-time payment.

NEGOTIATIONS BROADCASTER

NORMA, FNV KIEM, Ntb (Dutch Musicians’ Union) have started

negotiations with the Dutch public broadcasting organisation:

NPO has a public task to reach as much public as possible via all

available platforms, but

has a legal assignment to make reasonable and fair agreements with

authors and performers.

COLLECTIVE AGREEMENT ACTORS

NPO is willing to conclude a collective agreement for actors regarding the

remuneration of the second exploitation of their work with lumpsum payment.

NORMA will administer the making available and reproduction rights by the

mandate of actors and will give a licence for the use of their works for a fixed

period of time.

Actors and involved organisations will have to be united to make this a succesfull

operation.

• Legal right private copy remuneration for

copies on mp3-players en dvd harddiskrecorders

• Since 2008 the Private Copy Systeem is been put “on

hold” by the Justice Minister, that means no

remuneration on the new carriers are introduced.

• Musicians en actors lose yearly MILLIONS

PRIVATE COPY REMUNERATION

DAMAGES

2.7

21

.83

0

5.0

96

.16

8

6.0

21

.77

2

7.1

82

.45

8

9.3

69

.23

6

€ 0

€ 1

€ 2

€ 3

€ 4

€ 5

€ 6

€ 7

€ 8

€ 9

€ 10Millions

2005 2006 2007 2008 2009

Damages to performers as a consequense of NOT introducing the

PRIVATE COPY remuneration (LEVY) on mp3-players and dvd-

harddiskrecorders in the Netherlands

NORMA has started interlocutory proceedings against

the Dutch State regarding the regulation of the

Justice Minister. These claims were rejected, but

NORMA commenced also an action on the merits to

claim compensation for the right holders. This is still

pending.

Judgement is expected before end of 2009.

LEGAL PROCEEDINGS

FNV KIEM, Ntb (Dutch Musicians Union), NORMA and SENA

affiliated the research “Pop music - what’s it worth” and is

conducted by an Institute of the University of Tilburg and

involved a Internet survey under professional musicians.

Several findings:

•Average pop musician has a post-tax annual income of

around € 12,000 (including both income from music and

from supplementary work).

STUDY INCOME POP MUSICIANS

•More than half of musicians earned less than € 6,000 last

year from musical activities.

•Only 22% of popmusicians are able to support their

family solely with their income from music.

•Live performances most important source of income.

Performing rights, neighbouring rights and royalties are

also important, particularly for older and/or more

successful musicians. Decreasing trend is evident for the

latter source of income.

STUDY INCOME POP MUSICIANS

STUDY INCOME POP MUSICIANS

NORMA is more than only a collecting society, that collects

and distribute remunerations!

NORMA has also the. How does it work?

At NORMA the INDIVIDUAL distribution to performers comes

first:

- 90% of all income is INDIVIDUALLY distributed

NORMA IS MORE

NORMA FUND

Projects for Social Cultural subsidies for performers

• Concerts, theater shows etc.

• Educational projects

• Special projects

• CD production fund (micro credit)

• Legal Costs for important cases

NORMA-FUND

END OF PRESENTATION