Buma/Stemra: "Radio linking sites must negotiate licenses"

The Dutch collecting society Buma/Stemra wants to collect royalties from radio-streaming websites. The collecting society has recently involved Op.fm in the substantive proceedings against the Dutch radio streaming platform Nederland.FM, which starts in late July.

The society is of the opinion that Nederland.FM requires radio licenses in order to legally operate their streaming portal. Nederland.FM, however, claims that their platform only shows links to radiostations and that hyperlinking cannot be treated as a form of broadcasting.

Last year, Buma/Stemra lost a lawsuit against Nederland.FM and their the owner of the two platforms, Jim Souren. In a request for interim measures, the legally crucial question arose whether Nederland.fm was 'broadcasting', or merely referring to radio stations through hyperlinks. Buma / Stemra stated that there are embedded links on the website, but Souren insisted that the FM sound comes directly from the original source and is not re-transmitted.
The judge found that this question must be examined in proceedings on the merits of the case, that starts July 26 in The Hague.

If the courts were to decide that radioportals like Nederland.FM need licenses in order to operate legally, this would also affect Op.fm. That is why Buma/Stemra is now getting Op.fm involved. Op.fm is a site with links to dozens of radio stations, but users can only play music on the original site referenced. "I understand that there is a discussion about our music flows. This is not clear at the moment, so I don't mind the review of a judge." Mr. Souren told Emerce.  However, introducing a levy on links to radiostations is not the right way to go, according to the owner of the radio streaming sites.

In 2009, former Minister of Justice Ernst Hirsch Ballin (also the chief of Buma/Stemra) told the Dutch parliament that hyperlinking is not a form of broadcasting or publishing or distribution in the meaning of the Copyright Act.  Souren: "A license would therefore be absurd. Now Buma/Stemra wants to tax ordinary hyperlinking, that is at odds with the statement of the Minister."

Buma/Stemra says that it is not aiming to tax hyperlinking in general, but that they specifically target the websites in question.
We will keep you updated on this case.

Source: Emerce