Performer's rights

Payments for private sound copying and equitable remuneration are made once a year at the end of December, based on the previous year’s broadcasts. Consult the payment schedule.

The gap time between the distribution and / or sale of the work and the payment of the rights is:

• one year for remuneration for private copying calculated on broadcasts,
• two years for remuneration in respect of private copying calculated on the number of phonograms sold.

For information, the law on prescription was amended in 2014 and its duration reduced to 5 years (Intellectual Property Code Article L 321-1 last paragraph – link legifrance.gouv.fr).

Thus, for rights distributed before January 1, 2015, you have until December 31, 2019 to claim them with a maximum retroactivity of 10 years. For amounts allocated after 2015, retroactivity is now up to 5 years.

Examples:

The rights were distributed in 2009. The claim can be presented until 2019.
The rights were distributed in 2012. The claim can be presented until 2019.
The rights are distributed in 2016. The claim can be presented until 2021 or for 5 years.

After five years, the rights, if not claimed by the performer, are prescribed.

Quarterly at each Adami’s distribution :

See payment schedule

Payments corresponding to remuneration for audiovisual private copying are made quarterly. See the payment schedule

It takes a period of 6 to 9 months from the broadcast on one of the 15 channels distributed, as we have information about the work and the contact details of the performers.

For information, the law on prescription was amended in 2014 and its duration reduced to 5 years (Intellectual Property Code Article L 321-1 last paragraph – link legifrance.gouv.fr).

Thus, for rights distributed before January 1, 2015, you have until December 31, 2019 to claim them with a maximum retroactivity of 10 years. For amounts allocated after 2015, retroactivity is now up to 5 years.

Examples:

The rights were distributed in 2009. The claim can be presented until 2019.
The rights were distributed in 2012. The claim can be presented until 2019.
The rights are distributed in 2016. The claim can be presented until 2021 or for 5 years.

After five years, the rights, if not claimed by the performer, are prescribed.

Audiovisual Private Copying: In March are concerned the broadcasts of the 3rd quarter of the year preceding the current year (N-1), in June the diffusions of the 4th quarter of the year preceding the current year (N-1 ), for September the broadcasts of the 1st quarter of the current year (N), in December the broadcasts of the 2nd quarter of the current year (N).

Audio private copying: In December are concerned the sales of the year N-2. Example: sale of phonograms during the year 2016 the payment of the rights will take place in December 2018).

Equitable remuneration: In December regarding broadcasts Radios, Televisions, nightclubs (eligible channels) and public places with sound of the year preceding the current year (N-1). Example: Distribution of the work during the year 2016 the payment of the rights will take place in December 2017).

Audiovisual Private Copying – dubbing: In June are concerned the dubbing and cartoons of the 1st semester of the year preceding the current year (N-1), in December the dubbing and cartoons of the 2nd semester of the year preceding the current year (N-1) and music videos (clips) of the year preceding the current year (N-1).

The update of your bank details must be done 20 days minimum before each end of the month of distribution (see calendar below).

Example: for a distribution of the rights in March, the update of the bank details must be registered from your personal space my account on March 10th. If the update occurs after this minimum period, any rights / remunerations will be paid during the next distribution.

Note that any adjustments especially in the case of rights claims and (or) remuneration may occur in March, June, September or December.

In order to determine the copied phonograms, all of the following information is used:

1. polls of TNS Sofres carried out with the private individuals, to know the recording rate of the various pieces,

2. records of phonograms broadcast by a panel of radios,

3. sales figures of phonograms.

The works fixed in the European Union and which have not fallen into the public domain are taken into account.

Long and short films, television fiction (TV movies, series, docu-fiction) and cartoons.

In addition, remuneration for audiovisual private copying may be paid for works that fully meet the following two criteria:

• for the first time in a Member State of the European Community
• still protected by neighboring rights

The European map of remuneration for private copying (source Copie France)

SPRE (Société pour la Perception de la Rémunération Equitable) collects, half for the performers and half for the producers the equitable remuneration, which is then distributed among its member societies (producers and performers).

More informations : http://www.spre.fr

As part of the equitable remuneration only the following broadcasters are considered.

TV channels in France:

The 7 so-called “historical” channels: TF1, France 2, France 3, Canal+, France 5, Arte et M6 ;
and, since January 1, 2012: TMC, France 4, TFX (previously NT1), C8 (previously D8), W9, NRJ12, Gulli and C STAR (previously D17).

List of radios:
National Radios
RTL
EUROPE 1

The local radios Paris
NRJ
FUN RADIO
SKYROCK
RFM
NOSTALGIE
VIRGIN RADIO (EX EUROPE 2)
CHERIE FM
RTL2
RIRES ET CHANSONS
RADIO CLASSIQUE
MONTMARTRE FM

Radio France (regroupement)
City Radio de PARIS
Elsass
FIP
France Bleu (Bleu Banque, ex : Modulation)
France Bleu (Bleu National Textes)
France Culture
France Info
France Inter
France Musiques
Mouv
Alsace
Armorique
Auvergne
Auxerre
Azur
Basse Normandie
Béarn
Belfort
Berry Sud
Besançon
Bourgogne
Breiz Izel
Champagne
Corse
Cotentin
Creuse
Drôme Ardèche
Gard Lozère
Gascogne
Gironde
Haute Normandie
Hérault
Isère
La Rochelle
Limousin
Loire Océan
Lorraine Nord
Maine
Mayenne
Nord
Orléans
Pays Basque
Pays de Savoie
Périgord
Picardie
Poitou
Provence
Radio Outremer 1ère
RFI
Roussillon
Saint-Etienne Loire
Sud Lorraine
Toulouse
Touraine
Vaucluse

Diffusion readings of a representative panel of local and associative radios (unaffiliated IPSOS and YACAST)
Ado FM (Paris)
Alouette (Nantes)
Champagne FM
Contact FM (Lille)
HIT WEST
Kiss FM (toulon)
Oui FM (Paris)
Radio 6
Radio Espace
Radio FG
Radio Latina
Radio Nova
Radio Star Méditerranée
RCI Martinique
Scoop FM (Lyon)
Top Music (Strasbourg)
TSF Jazz
Vibration (Orléans)
Vitamine (Marseille)
Voltage FM (Paris)
Wit FM (Bordeaux)

Public places with sound

Hypermarkets and supermarkets

Relevé de Mood Média (sonorisateur)

Nightclubs : Yacast club

Diffusion readings from the Media Control system installed in discotheques Representative panel determined by the TNS.

Our services have broadcast records provided by radio, television and other public broadcasters to calculate the individual remuneration of performers and supplement this information with sales declarations.

The calculation of equitable remuneration is based on:

• the duration of the phonogram
• the number of its broadcasts

The identification of the performers of the phonogram, the assignment of the role (conductor, soloist featuring, remixer / DJ, sample) and the musical category of the work (classical, lyric, variety …) are made thanks to our database.

According to the law, the remuneration is distributed to the performers of phonograms fixed in a country of the European Union or in a country signatory of the Rome Convention.

What remuneration is concerned?

In addition to private copy levies, Adami collects, calculates and pays additional remuneration (salaries and other) due to performers in application of collective agreements and management contracts signed with audiovisual producers or broadcasters.

The agreement of 7 June 1990 known as the “Cinema Agreement”:

This agreement applies to all film producers who have hired artists and whose contracts were signed after 1 December 1990. This agreement provides for the payment to Adami of an additional remuneration for performers, set at 2% of the net operating revenue received by the producer after amortisation of the cost of the film.

The agreement of 11 July 2012 known as the L 212-7 agreement:

This agreement concerns actors who participated in films released in cinemas from 1961 to 1990. It sets the remuneration of actors for the video and video-on-demand exploitation of amortised films. All actors benefit from 3.15% of the receipts for the past and 4% of the receipts as from 1 January 2012.

Note: This latter remuneration is in the category of non-commercial income (Bénefice Non Commerciaux). Find out more about the taxation of rights paid by Adami

You are an actor and the works in which you participated are concerned by the L 212-7 agreement? You have not received the settlement agreement by mail? Contact us on 01 44 63 10 00 (choice 1).

The collective agreement and TV agreements

The TV collective agreement is a text that governs the conditions of employment of artists hired for a television programme. In particular, it provides for additional remuneration to the artists’ initial fees. This additional remuneration is in principle calculated by applying a percentage to the net income from the secondary exploitation of the programmes.

Some producers have mandated us in this context to manage and pay the additional remuneration due to performers.

In addition, other agreements managed by us complement this agreement:

The TV5 agreement: the artist is remunerated for any broadcast on the TV5 channel
Cable distribution agreements: the artist is paid for cable broadcasts abroad: Belgium, Holland, Germany, etc.
Broadcast agreement: The artist is remunerated for rebroadcasts on the 7 terrestrial channels
The video on demand agreement * : The artist is remunerated for VOD exploitations on the internet, mobile phones, etc.

* To be distinguished from Catch-up TV or catch-up television within 7 days of broadcast or rebroadcast: these latter uses are included in the commitment salary and no additional remuneration is therefore paid in this respect.

The dubbing agreement (known as the DAD-R agreement)

This agreement signed in January 2005 aims to compensate artists who participated in dubbing sessions before 1986 for exploitations carried out after 2004. As such, the actors receive compensation.

These sums are not taxable and are not subject to social security charges.

This is an advantage reserved for Adami’s members.

You can check and add rights and remunerations from abroad (representation agreements with foreign companies) in the “Foreign rights” section of your personal “my account”. You can check and add, if necessary, rights and remunerations coming from abroad (representation agreements with foreign companies).

The United Kingdom (England, Scotland, Wales and Northern Ireland) is no longer part of the European Union since January 1, 2021.

Indeed, the recording works fixed in the United Kingdom no longer benefit the remuneration for private copy because this remuneration applies only to recorded works in the European Union.

Consequently, the performers who participated in an audiovisual and/or audio recording of these works will no longer receive the rights of remuneration for private copy relating to those works from the following dates:

For audiovisual

The audiovisual recordings fixed in the United Kingdom are excluded from the basis for the calculation of the rights of audiovisual private copying for broadcastings from January 1, 2021. Consequently, the image, soundtrack and dubbing services of those recordings are no longer remunerated from September 2021.

For audio

The audio recordings fixed in the United Kingdom will no longer remunerated for private copying in december 2022 for radios, TV and public places with sounds broadcastings since January 1, 2021 and, from december 2023 for the sales.

Note: the equitable remuneration is not concerned by this exclusion because the United Kingdom is a signatory to the Rome Convention.

> collective management organizations with wich Adami signed agreements

Payments for private audio copying and equitable remuneration are made once a year at the end of December, based on the previous year’s broadcasts (consult the payment calendar) and subject to having updated personal information, particularly postal and bank details, by logging into “my account“.

The time lag between the distribution and/or sale of the work and the payment of the rights is :

• one year for remuneration for private copying calculated on broadcasts,
• two years for private copy levies calculated on the number of phonograms sold.

For your information, the law on prescription was amended in 2014 and its duration reduced to 5 years (Intellectual Property Code article L 324-16 – external link Legifrance.gouv.fr).

Once this 5-year period has passed, the rights, if they have not been claimed by the performer, are time-barred and are assigned to the artistic action in application of article L 324-17 of the Intellectual Property Code.

General rules for the distribution and payment of performers

(15/01/2024)

This document describes the framework in which the individual distributions are carried out and payment rights under:

• audio private copying;
• equitable remuneration;
• audiovisual private copying.

The rules are based on the provisions of the French Intellectual Property Code, the international conventions and the statutes of Adami.

This regulation replaces the previous regulation approved at the general assembly of 2008. It constitutes the reference document on allocation rules and replaces as necessary all the rules that are incompatible.

> Download the document (in french)