MAXIMISING THE RELATIONSHIP BETWEEN COLLECTING SOCIETIES AND PERFORMERS UNIONS Warsaw , 8th May 2009

1. MAXIMISING THE RELATIONSHIP BETWEEN COLLECTING SOCIETIES AND PERFORMERS UNIONS Warsaw, 8th May 2009

2. WHO IS NORMA? NORMA is a collecting society for performers. This includes actors, singers and musicians and dancers.

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

4. Total number of members

5. REMUNERATIONS 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 musicand; • Remunerations of exploitation of archives.

6. SUM TOTAL DISTRIBUTION OF RIGHTS

7. NORMA IS MORE 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.

8. 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.

9. 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.

10. 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.

11. 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, buthas a legal assignment to make reasonable and fair agreements with authors and performers.

12. 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.

13. PRIVATE COPY REMUNERATION • 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

14. DAMAGES Damages to performers as a consequense of NOT introducing the PRIVATE COPY remuneration (LEVY) on mp3-players and dvd- harddiskrecorders in the Netherlands

15. LEGAL PROCEEDINGS 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.

16. STUDY INCOME POP MUSICIANS 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).

17. 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.

18. STUDY INCOME POP MUSICIANS

19. 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

20. 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

21. NORMA-FUND

22. END OF PRESENTATION