The FEMU Foundation (Federation Music Authors and Publishers) was established in 2016 to carry out the secondary exploitation of the Graphical Reproduction Right in the Netherlands. This is done on behalf of music publishers which are a member of the NMUV (Dutch Music Publishers Association) and the VMN (Association of Music Traders and Publishers in the Netherlands) and have given a mandate to the FEMU.
The primary exploitation (sale, rental, permission of arrangement and such) is not covered by the mandate which the music publishers have given to the FEMU Foundation.
In addition, national and international music publishers which are not a member of the NMUV or VMN are able to give the FEMU a mandate, as well as music authors that have published their works in-house.
What is the Graphical Reproduction Right?
These are all rights and/or claims with regard to the reproduction and/or publication of sheet music and song lyrics, in one form or another, including allowances that belong to publishers and/or represented authors with regard to collective arrangements.
This exploitation was carried out by STEMRA until 31 December 2015, after which the exploitation was transferred by STEMRA to the FEMU Foundation.
It is often thought that the base of the Graphical Reproduction Right finds its origin in the copyright law. Article 16h in particular would be defining. However, this is not correct.
As described in Gazette 575, copying sheet music is no longer covered by the exception arrangement (Article 16h of the copyright law) as of 27 November 2002. This was done to align EU guideline 2001/29/EG, which does not provide the possibility of copying sheet music against payment of an equitable remuneration. The prohibition right applies to copying sheet music. This right is reserved for the rightsholders. FEMU has received a mandate from the music publishers (the rightsholders) for collecting the graphical reproduction right on a collective basis. The collection of the graphic reproduction right on an individual basis is done by the music publishers themselves.
The collective exploitation of the Graphical Reproduction Right has two main activities, namely:
- Collective arrangements with, among other things, music schools, choirs, orchestras and umbrella bodies of users for making paper and digital copies of sheet music and arrangements for showing lyrics at events, in TV programs and at karaokes.
- Collective arrangements ensuing from the Copyright Act whereby collection is carried out by the Collective Management Organization: the Repro Foundation, the Leenrecht Foundation. The FEMU Foundation will exclusively issue licenses for collective schemes.
On this website we would like to give you better insight regarding the different components of the copyright law, which fall under the graphical reproduction right; what the conditions are in order to obtain permission from the rightsholders; how permission can be requested and what the rates are that you as a user must pay to the rightsholders.
For more information, please contact us.