The right to authorize
What is the right to authorize or to forbid?
This exclusive right allows you to control the partial or total use (partial or full reproduction, communication to the public, making available to the public, etc.) of the phonograms and/or music videos that you have produced or for which you have the management of neighboring rights, notably for the French territory.
This personal right is part of the “neighboring rights” which you may entrust to the SPPF in application of the French Intellectual Property Code.
In what cases is it exercised?
The Producer of phonograms and/or music videos exercises individually his right to authorize or forbid for the following modes of exploitation:
- Total or partial reproduction, except for private copying and for the exceptions to the right of reproduction listed in article L. 211-3 of the Intellectual Property Code,
- The communication to the public by cable, by satellite, by a telephone network,
- Making available to the public by sale, exchange or rental,
- Making available to the public by remote listening services and on demand, with or without wire.
- The soundtracking of cinematographic works, audiovisual fiction, music videos (other than those produced by and for a television service),
- The soundtracking of audio or audiovisual advertising messages or “sponsorship billboards”,
- The sound of podcasts produced by specialized companies,
- The broadcasting of music videos within the framework of advertising messages, self-promotion and trailers,
- On-demand listening/viewing of phonograms/music videos in their entirety on legal online music platforms (streaming offers financed by advertising or subscriptions, such as Apple Music, Deezer, Google Play Music, Qobuz, Spotify, etc.),
- The downloading of phonograms or music videos on legal online music platforms (such as Deezer, Fnac Play, iTunes, Qobuz, MusicMe…),
- The reproduction and communication of phonograms or music videos on community websites (YouTube, Dailymotion, etc.) and social networks (Facebook, Instagram, TikTok, Twitter, etc.).
What is this right for?
This personal right is very important as it allows producers to negotiate and freely determine the conditions of exploitation of their productions and to ensure that they have the necessary resources to continue to invest in the development of young or established artists, and thus ensure the renewal of musical creation.
How to enforce it?
However, this right to authorize cannot be exercised and gives way to a right to remuneration in the case of broadcasting or direct communication in public places of phonograms published for commercial purpose or in the case of private copies of sound or audiovisual recordings made by individuals.
What modes of exploitation do the SPPF mandates cover?
The SPPF has developed voluntary collective management for certain categories of users who make massive use of recorded music.
This collective management covers exploitations that producers cannot control and for which they cannot exercise their exclusive right individually.
The SPPF carries out this collective management when entrusted by producers with voluntary mandates:
- suppliers of background music programs,
- suppliers and end-users of telephone on-hold music,
- websites that offer the listening of phonogram extracts,
- free radio stations that broadcast on their websites podcasts previously broadcasted on their antennas and native editorialized podcasts that they produce.
With television channels, musical or not, broadcasted by terrestrial, satellite and cable.
For more information, consult the Legislation page
Advantages of collective management of your rights by the SPPF
The collective management of rights was implemented by the SPPF from the outset regarding television channels for the broadcasting of music videos and was extended to phonograms for their use, within the framework of the production of background music and telephone on-hold music and in the field of simultaneous and integral cable retransmission.
1 Facilitate the user/producer relationship
2 Boost your musical productions’ visibility
3 Simplify the management of your rights
4 Guarantee the respect of your recordings
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