Without reading the related contract between the composer and BREIN, it is not possible to make any assumptions.

I don't understand why the composer didn't go to court directly. You don't fuck around with that kind of money. You find a laywer and you move. FAST.

Something doesn't sound right to me in this whole story, as copy-pasted by the blogs.

BREIN is probably going to deny this but there is a documented interview with BUMA|Stemra which is why this there's this scandal growing now.  Can you guys post that interview?

I listened to the interview and I didn't find anything suspicious in the conversation. Just two people talking about money, each trying to get a better deal for himself. Business as usual.

Too much reality show drama these days. If BREIN is on the wrong side, sue them. What seems to be holding things back? Netherlands has no law schools?

Adam Leavens 

Two words.  Pot. Kettle.

the real story here is the corruption of buma/stemra. beware of PRO's unless you are one.

Later Thursday night Powned released the full audio track of the conversation (the video is the edited version) in which you can clearly hear that the Publisher is talking about his work as a PUBLISHER (not as a Buma board member).

He explains what the work of a publisher normally is: on of the things is going after the money the artists is supposed to get since organizations like Buma (or any other collecting organisations) hardly ever have the full detail of when a title (track) is used when and where. But also because of difficulties getting the money that is owned to the artist internationally. Also because of the unfair reason that the method Buma uses, is to distrubute the copyright income amongst the record companies/publishers according to the biggest share of artists. The weight of a big publishing company unfortianately has more weight then the individual artist who has no office full of people working for them investigating the use of their tracks.
It's not right, but it is still the way it works.

He was explaining that, and with that he was also explaining that a publisher gets 1/3 share of the copyright once he starts representing the artist.

The video taped version that was released by Powned put the Buma/Publishing so close together that also I believed the corruptness of this guy. Also I thought he was talking as the Buma board member, which would have been as corrupt as everyone makes it out to be.

I still think it's extremely confusing that a publisher is a board member of such an organisation, but the fact is: that board exists out of 2/3 musicians and 1/3 out of publishers. So, unless this guy wasn't allowed to do his work as a publisher any longer, he was not that wrong as the video makes him out to be. 
I wouldn't want to represent an artist that has a dispute with an organisation I am board member of, THAT was his mistake. But listening to the WHOLE conversation, he was made out worse then it was supposed to be.

The power of modern "Journalism" I'm afraid. Just don't believe the hype and keep asking questions with everything you see, hear or read. 

Wow BREIN and BUMA have comment trolls now?  Just trying to discredit this with obvious bullshit?

And so then why would he step down from BUMA if everything was above board?

Remember this guy was *ripped off* and was trying to get paid.  Then you can see what the guy says right there.  He was contacted because of his role at BUMA and is trying to make a buck by then becoming the publisher all of a sudden?

WHAT?  Huge conflict of interest.

Sorry a bag of shit doesn't stop smelling if you call it potpourri.

JL 

You are surprised that someone working for a PRO is also a publisher?!

Conflict of interest my ass. He offered a legitimate deal, as a publisher. 30% is fair money for all the trouble. If the composer wanted that $1.3 million as a full package, he could just go to court back in 2007. Guess he didn't want to pay his laywer...?

You obviously don't have any relation with the industry. Please go back to your Facebook page and count the Likes.

Huh?

You're so balls deep in your own bullshit it's amazing!

This guy shouldn't be having to sue at ALL.  The industry is working against the very artists they say they work for --- as usual.

>>>>>
he could just go to court back in 2007. Guess he didn't want to pay his laywer...?

>>>>>

A very bold statement showing deep ignorance about the law... when it comes to rights of the adverse party....

There is a delay within which one can take legal action, and this can be 10 years or more.

May be he couldn't pay the lawyer, may be - more cleverly - let time so the guy could do his job, or even as rightfully, let rights accumulate in order to extend the consequences of the breach...

@JacksonL First of all: I have nothing to do with them. Second of all: I DO think there is a lot wrong at Buma. So I have no reason to support them.
But what I am saying is this: before you know ALL the ins and outs of this story, people should not jump to conclusions so easy. Especially not after a edited video which does not clearly mention the intention of the phone conversation.

After listening to the WHOLE conversation, it was very clear that the publisher was called because of a publishing deal he had offered some while before. Everything he explained in the phone conversation was about publishing. I still think that since there was a dispute, the publisher should have been smarter, but it's not as bad as everyone makes it out to be.

About the composer: we don't know if he has been ripped of. (He might have been, but we just don't know). It's a "he said/they said" story.
I have heard that the guy DID get his fee, but that he claims he deserves more. So: why not go to a lawyer and fight the case?

My only point is, don't judge before you know all the details.

 

that's true, but then don't jump quick on conclusions yourself....

peace

good point. the news always seems to take things out of context...

As usual, it's all about click bait. Stupid blog titles to grab traffic and have something to show to the advertisers.

Journalism is a lost profession. I got friends who can program a bot to copy/paste stuff in a more interesting and engaging way than these ridiculous servants of advertising.

30% sounds like a reasonable administration fee, considering the amount of money involved. I know at least five EU publishers who would ask for 35%.

30% for doing nothing ? yeah, it sounds fair... do you work in a major label ? :-D

30% for taking care of such serious business is a starting point. The composer could do it himself and spend around the same money for legal fees. If you don't understand what a publishing administration deal means, then you are not qualified to make comments on such cases. So, quit that attitude.

30% is way too much, for something that don't result from an investment from his "publishing" deal... a publisher has some obligations about accounts, regular pays etc... I don't have the impression that it happened like that in the story. Someone didn't do his job at some point...

and, sorry for you, i'm not under your order, you'll have to bear that attitude for a loooong time :-)  so, quit that attitude !

GraphicArtistsGuild 

oh the irony...

The story is growing this is from DutchNews.nl

‘Corrupt’ performing rights society board member to face the music

"Rietveldt wrote a piece of music for an anti-piracy ad which was widely distributed without his knowledge. In spite of numerous requests he was never paid for the reproduction of his music.

Earlier this year, musicians Henk Westbroek and Hans Kosterman, who are also on the board, claimed there is a culture of secrecy and fear at the company. They also complained about the extravagant salaries paid out to some board members.

D66 MP Kees Verhoevenhas proposed appointing competition watchdog NMa to keep an eye on Buma/Stemra and other rights management companies"

http://www.dutchnews.nl/news/archives/2011/12/corrupt_performing_rights_soci.php

There is "guy" going by the nickname of "you don't know anything" a few post above who claims that's the way it is and how it should be .... he should probably change his nickname to "we don't want you to know anything you dumbass artist"....

Sο. You have a contract that lisenses a piece of music to a company/entity for a festival-or-whatever. It is a real contract with real signatures on it. Then after one or more years you discover that the company/entity has acted outside of the contact's terms. Here are your options:

A) You find an IP lawyer and he sits down and writes a formal notice to the company/entity, so that they can behave themselves and, well, pay you.

You give them a reasonable ammount of time to respond to your notice. Say, 30-45 business days. You are a nice guy, you can wait a month or so for them to sort out their obviously fucked up operation.

If this time frame passes and they don't respond to you or try to avoid you in any way, you sue them. Sue them as in USE THE FUCKING CONTRACT YOU SIGNED.

If you can't find any lawyer in the EU who would be willing to represent you for a % of the money collected after the lawsuit is won, then you obviously don't have a case. Lawyers are not stupid. For a $1.3 million lawsuit they would be making a line outside your home.

B) You get convinced by the media who quite obviously work hand in hand with the company/entity, that "you have to go public" and fuck up any chance you have to build a stong case. Strong case = win and take the money.

Congratulations. Even if the company/entity was wrong, even if they broke the contract, now you just blew up your legal tactic and the court will start to doubt what actually went wrong.

So, what does a reasonable professional do? Make a % deal with an IP lawyer to kick the company's ass to the Atlantic, or go to Pownews and fuck his case?

100% pro bono is illegal is most continental EU countries.... pro bono can be a small share of the fees (less than 25/20%; depends)....  Medias have little influence over the outcome of the cases in general..

and sorry for them, but for many reasons, IP lawyers are not necessarily the ones to go for in such cases...

 David Reyneke 

One of the many reasons why the music industry is backwards.