Your activities as a Producer of phonograms and videograms : The legal context

Since the law of 3rd July 1985, your rights as a producer have been recognised on the same footing of performers, authors, composers, publishers and producers of works for the cinema and television.
This new law, also known as the "Loi Lang", meant that France caught up with the 48 other States which have to date ratified the Rome Convention which has recognised the patrimonial rights of performers and producers of phonograms since 26th october 1961.
Since 1st July 1992, the various French laws which govern specifically literary and artisitic property have been grouped together into the Intellectual Property Code.
Since 1985, phonogram and videogram producers have two specifics rights : the right to authorize and Remuneration rights (Equitable Remuneration and Remuneration For Private Copying)

Your rights as a Producer : A brief guide

On the one hand producers have the right to authorize or forbid their phonograms or their videograms, and on the other, two rights to remuneration (Equitable Remuneration and Remuneration for Private Copying) known as "neighbouring rights".
1 - The right to authorize or forbid
This exclusive right permits control over total or partial use of the phonograms and videograms which you have produced .This right does not apply however, and is replaced by a right to remuneration in case of broadcasting or playing in public places of phonograms published for commercial purposes or in cases of copies of audio or audiovisual recordings by private individuals.
In the following cases, the producter may authorize or forbid :

•reproduction,
•communication to the public by cable and satellite,
•the sale, exchange or rental of his phonograms or videograms

You may exercise the exclusive right alone or you may mandate the SPPF to conclude General Contracts of Common Interest with certain users which specify the general usage conditions of your recordings and corresponding minimum remunerations.
This type of agreement concluded by the SPPF is currently tending to be generalized amongst most users due to its collective management method.
The law of 1985, as part of a code since July 1992, specifies that the administration of rights to remuneration is obligatorily perfomed by non-trading collection anddistribution companies.

2 - Equitable renumeration
The law provides an exception to the right of the authorization when a phonogram, published for commercial purposes, is broadcast on the radio and in public places (shops, supermarkets, discotheques, dances, bars, hotels, restaurants, etc).
The SPRE (Non-trading Equitable Renumeration Collection Company) collects royalties from these users and pays them to non-trading producers' or performers' companies which, in turn, distribute them to their respective associates.

3 - Renumeration for private copying
Producers of phonograms or videograms on which works are fixed also receive remuneration from the manufacturers and importers of blank audio or audiovisual tapes.
These amounts are intended to compensate for loss of income resulting from copying performed by private individuals for their own private use.
SERECOP and COPIE FRANCE are responsible for collecting the rights for Private Copying respectively from blank audio and audiovisual tapes.

© 2005 - SPPF