Buma/Stemra charges bloggers 130+ euro for YouTube vids
Collecting society Buma/Stemra is after Dutch bloggers now. Starting in 2010 you must cough up 130 euro for every six music videos you embed in your web page, according to Madbello (Dutch).
Buma/Stemra is a copyright collecting society for composers. It makes use of a feature of Dutch copyright law that says that negotiating licenses and royalties is too cumbersome for some forms of creative works, and that therefore collecting societies can be set up that charge bulk rates and pass on the money to the creators.
IT law specialists Arnoud Engelfriet and Kamiel Koelman are quick to dismiss B/S’ claims at Tweakers.net (Dutch). Both point out that embedding content on your web page is not necessarily a new publication of that content, and therefore B/S cannot charge money for it.
Dutch copyright law makes a distinction between the act of copying and the act of publishing. A famous lawsuit that highlights the difference between the two, and that went all the way to the Dutch High Council is Poortvliet vs. Hovener (Dutch, PDF). Hovener was a publisher who had an agreement to sell 13 reproductions of Poortvliet’s paintings as part of a calendar. Although Hovener did print the calendar, they then cut out the reproductions and sold them separately, pasted on cardboard and presumably at a much higher price. No copying took place, yet it was considered a new form of publication, and therefore infringement.
Engelfriet’s and Koelman’s reasoning are in my opinion unconvincing, but even more so I think B/S rates are through the roof. A rate of 13 cents per embedded video seems much more reasonable considering that videos embedded in blogs (with the rare exception perhaps for blogs where people come to listen to the music) only work to expose an audience to the embedded works.
UPDATE: Sign the petition: bumablog