The mission statements of KleanMusik
KleanMusik has formulated the following 10 mission statements with regard to Buma/Stemra and other copyright collecting societies (CBO’s) and the functioning of the music industry as a whole. These are based on the most recent insights and experiences. If necessary, they will be adjusted according to enhanced insight.
- Fair and rightful payment to authors, without having to go to court.
- The fair payment of compensation for copyrights of the affiliated members of KleanMusik, without the members being forced, amongst others by Buma/Stemra, to accept a settlement.
- Buma/Stemra (and and the like) should become an open and transparent collection agency for authors, where only authors are in control.
- The management board of, amongst others, Buma/Stemra should be transformed, as soon as possible, into a team of independent expert businessmen and professionals, who do not have a direct interest, or an apparent conflict of interest, because they come from the music industry themselves.
- The auditing accountant should, going forward, also certify the legitimacy in accordance with the regulations (including the distribution rules). They should also check the reliability of the comments and/or complaints administration in respect of payments. All this should be done with effect from financial year 2013, or 2014 at the latest.
- Not the management board, but the government should be authorised to appoint and dismiss the external auditor.
- Buma/Stemra (and the like) should follow the rules that they have drawn up themselves, and it should be the task of the external auditor to certify this by means of a separate “audit opinion”.
- External auditor KPMG should be replaced, since they have carried out the statutory audit of, for example, Buma/Stemra, for more than 10 years already, and its independent position does not, therefore, come across as very confidence-inspiring at all. Also, because of the risk of self-review or too large an extent of familiarity with the information and the organisation, the management audits that have been carried out by KPMG auditors should be carried out again by a new auditor who is more independent, preferably not one of the “Big 4” audit firms.
- A thorough review should take place in respect of the quality of supervision on Buma/Stemra (and the like) in a broad sense. Also, a close look should be taken at the role and effectiveness of self-regulation. In this process, also the functioning of (1) the Supervisory Board (College van Toezicht), (2) the Dutch Certification Institute (Keurmerkinstituut) and (3) the Association VOICE (Vereniging VOICE) under the direction of Mr. Job C
- years, should be looked at. (in the present situation, Buma/Stemra “is marking its own paper”).
- Encouraging victims and citizen volunteers to draw up “Black books” containing objective facts and relating evidence concerning abuses within Buma/Stemra (and the like) and the music industry. If it becomes apparent from the “Black books” that Buma/Stemra fails in the performance of its best efforts obligation, or that it abuses its statutory monopoly in terms of market power, the government should consider to institute a proper supervisory body in the Netherlands, which will be authorised to call natural persons of the CBO’s to account. (At the moment, the present Supervisory Board is not in a position to do this, or it is not a matter that is at issue).
PS: If you are involved in a ‘black book situation’, please report this to the KleanMusik forum, or send us an e-mail with your findings. KleanMusik will be more than happy to look at each case (if necessary free of charge), and subsequently advise you on the actions that can be taken !
- ohen, who has already cooperated in providing a CBO quality mark to Buma/Stemra for