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Performers’ rights
Performers’ rights

Performers have rights in the use of their sound and audiovisual recordings.

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Legal milestonesThe rightsPrivate copy remunerationEquitable remunerationExclusive rightsInternational rightsChallenges

Legal milestones

The performer has two types of rights to its sound and audiovisual recordings: patrimonial rights and moral rights.

Moral Rights: name, qualification and interpretation

Thanks to moral rights, the performer is entitled to respect:

  • his/her name and his/her qualification: it is the right to see his name attached to his interpretation,
  • his/her interpretation: no one can distort the interpretation by modifying it, even the owner of the physical medium,

This right is inalienable and imprescriptible, and is transferred to heirs.

 

Patrimonial right: fixation, reproduction and communication to the public

Thanks to the patrimonial right, the performer may authorize or prohibit the fixation, reproduction and communication to the public of his/her performances.

It is this right that is negotiated with the producer for a fee. The performer must therefore authorize in writing:

  • Fixation of his/her performance.
  • Reproduction of his/her performance on different media.
  • Communication to the public of his/her performance by various means.
  • Separate use of the sound and image of the performance when it has been fixed for both sound and image.

This right is transferable to a third party, and temporary: beyond a period of 70 years for sound recordings and 50 years for audiovisual recordings from 1 January of the calendar year following that of the first performance. provision or communication to the public of the interpretation, it falls into the public domain and no longer eligible for remuneration.

 

Rights to remuneration: legal licenses in compulsory collective management

There are two types of remuneration rights under the legal license: fair remuneration (for the broadcasting of commercial phonograms by broadcasters) and remuneration for private sound and audiovisual copying (perceptions taken from blank recording media).

These legal licenses represent 86% of the sums managed and redistributed by the Adami.

 

Collective management of exclusive rights:

The remaining 14% comes from the collective management entrusted by various agreements with certain exclusive rights and international rights:

  • additional remuneration due under collective agreements or specific audiovisual sector, such as the agreement says “cinema”, the collective agreements of television, the agreement for the artists dubbing “DAD-R”, the agreement VOD …
  • for the international: the sums collected by virtue of representation agreements with foreign counterparts.

Exceptions:

Some exceptions to patrimonial rights are provided for by law: private and free performances performed exclusively in the family circle, analyzes and short quotations, press reviews, speeches in the context of the news, humorous caricature, and acts necessary to the databases under certain conditions.

These exceptions are not compensable for rights holders

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