socan

René van Helsdingen – Dutch composer performer and organizer
Luluk Purwanto & the Helsdingen Trio – Performing Group
Buma Stemra Netherlands: Dutch Music copyright organization
Socan: Canadian collective, administering performing rights

The Works: 13 original Works performed at 100 concerts. (see table below)
96 performances where submitted for performing rights at Socan through Buma STemra

Subject: The intentions of Socan are all explained on its website but their actions are in this case very minimal.
I would like to receive an explanation why for example Socan does not collect any license fees from the Festival International de Jazz de Montréal or from the Harvest Jazz & Blues Festival in Fredericton New Brunswick or from the Distillery Jazz Festival in Toronto etc.

I have seen cameras, news broadcasts, posters, program books, internet publicity, involvement of city officials, sponsorships. I have witnessed radio airplay.
I have placed this matter on my webpage so that all of the data are available to all parties involved.
I hereby ask Socan to review my case and to pay out performance royalties.

I didn’t come to Canada for charity but to play serious music for Canadian audiences at serious Canadian Festivals and events and to pay tribute to Canadian Veterans

In 2005 I have organized and executed “TULIPS 2005” …. 60TH ANNIVERSARY FRIENDSHIP TOUR - 100 performances in 76 cities throughout 10 provinces and 3 territories of Canada, offered in the spirit of peace and international friendship as a tribute to Canadian veterans on the sixtieth anniversary of the Netherlands’ liberation. Luluk Purwanto & the Helsdingen Trio featuring Essiet Okon Essiet , Marcello Pellitteri.

Organized in cooperation with the Canadian Tulip Festival, Ottawa, The Royal Netherlands Embassy, Ottawa and JakArt @ 2005 International Arts Cultural and Educational Festival

The trans-Canada Tulips 2005 tour was executed with a unique multifunctional Stage Bus, mobile stage, allowing the artists to actually travel in the same space in which they perform. The Stage Bus can unfold into a fully equipped Stage including instruments and Sound System and was temporarily imported into Canada for use during this Canadian tour. The Canadian tour followed many highly successful tours in previous years with the “Stage Bus” through Europe, Indonesia, Australia and America.

The Stage Bus with Luluk Purwanto & the Helsdingen trio are an Internationally recognized jazz ensemble, dedicated to bringing their serious music to audiences around the world.

The performances took place at Canada’s most famous festivals and events and also at some very small community events.
(A unique opportunity for an organization like Socan to discover Canada and its events.)
The tour was very well documented and published in a book online. The organizers of each event where photographed and named.
http://www.renevanhelsdingen.com/InternetBook/front.htm

The tour was held from May 1 to Sept 25, 2005.
The performances where declared at Buma Stemra in 2006.
The first payments of performance royalties where received in 2010.
Several requests went out to Socan, through Buma Stemra Netherlands.

On November 9^th a very strange letter was sent from Socan to buma Stemra Netherlands concerning the 96 declared performances:

Dear Mr. ….

Please be advised that the following performances from 2005 were licensed and distributed in 3Q08:

May 12th & 18th, June 4th, 12th and 29th, July 2nd, 3rd, 11th (2 performances), 25th, 28th, 29th, 30th and 31st, and August 16th. The works performed were unidentified at the time of our distribution and were made payable in 4Q08. The performances given on June 11th, July 10th and 12th, August 8th and September 25th are licensed and shall be distributed in 2Q09.

The following performances require further research to determine if license fees were remitted:

May 6th, 10th, 21st and 22nd, June 2nd, 6th, 7th, 9th, 10th, 16th, 22nd, 23rd, 24th, 25th and 28th, July 7th, 15th and 17th, August 7th, 15th and 25th, and September 3rd, 4th, 11th, 12th, 13th, 14th, 15th, 18th and 24th. I shall keep you informed of the results.

SOCAN was unable to collect license fees for the following performances, and performance royalties are not forthcoming;

May 7th, 8th, 13th - 15th, 20th and 23rd, June 3rd, 5th, 8th, 13th, 17th - 18th, 19th, 21st and 26th, July 4th, 5th, 8th & 9th, 16th, 18th, 19th & 20th, 21st, 24th, 26th and 27th, August 3rd, 4th, 5th, 6th, 11th, 13th, 17th, 18th, 19th, 22nd, 23rd and 29th, September 8th, 16th - 17th, 22nd and 23rd. Many of these took place outside of the regular festival period, or where not reported by the festival organizers, and are therefore not covered by the festival license fees remitted. Due to the nature of this tour, it has been determined that most performances do not qualify for concert royalties.

Sincerely,

Concerts
Licensing Department

A reply to the letter above was sent to Socan, demanding an explanation about the statement: “ Due to the nature of this tour, it has been determined that most performances do not qualify for concert royalties”.

We have not yet received any answer yet.
I am also not familiar with the statement Socan makes about the “regular festival period”. If a concert takes places it just takes place and the organizer has to pay license fees.

The data, from the letter of socan, and my list of festivals and events, I have incorporated into a table as follows:

The performances of which Socan could not collect any license fees are marked red.
The performances requiring further research are marked yellow:
The performances that were licensed are marked green.

Paid Performance Royalties:
With the current online invoicing system of Buma it is difficult to see of which licensed performances, royalties were paid out to Buma.)
22 March 2010, distribution BUMA BTL € 222,65, Distribution ID: 1116 Distribution date 24-3-2010 / 14 concerts - € 15,90 per concert
22 September 2010, distribution BUMA BTL € 78,52 , Distribution ID: 1138 Distribution date 24-9-2010 / 5 concerts - € 15,70 per concert
Total distribution BUMA BTL: € 301,17