In the event of notorious abuse in the non-use by a phonogram producer of the exploitation rights that have been assigned to him, the competent civil court may order any appropriate measure. .
The contract concluded between the performer and the phonogram producer sets a guaranteed minimum remuneration in return for authorising the fixation, remunerated in the form of a salary, of the performer’s performance.
I.-The provision of a phonogram in such a way that anyone can access it on their own initiative, in the context of streaming, is subject to a minimum remuneration guarantee. II.The terms and conditions of the minimum remuneration guarantee provided for in I and its level are established by one or more specific agreements concluded between, on the one hand, the professional organisations representing performers and the collective management bodies…
Where the contract concluded between a performer and a phonogram producer provides for the direct payment by the producer of remuneration which is a function of the receipts from exploitation, the phonogram producer shall report to the performer every six months on the calculation of his remuneration, in an explicit and transparent manner. At the request of the performer, the phonogram producer provides a chartered accountant commissioned by the performer…
The phonogram producer is the person, natural or legal, who has the initiative and responsibility for the first fixation of a sound sequence. The phonogram producer’s authorisation is required before any reproduction, making available to the public by sale, exchange or rental, or communication to the public of his phonogram other than those mentioned in Article L. 214-1.
The contract concluded by the producer of a phonogram with a publisher of electronic public communication services making musical works available lays down the conditions for the exploitation of phonograms in an objective and fair manner. These conditions may not include discriminatory clauses that are not justified by real compensation.
When a phonogram has been published for commercial purposes, the performer and the producer may not oppose: 1° To its direct communication in a public place, as long as it is not used in a performance; 2° To its simultaneous and complete broadcasting and cable distribution, as well as its reproduction strictly reserved for these purposes, carried out by or on behalf of audiovisual communication undertakings with a view to…
Subject to international conventions, the remuneration rights recognised by the provisions of article L. 214-1 are divided between performers and phonogram producers for phonograms fixed for the first time in a Member State of the European Community.
The scale of remuneration and the methods of payment of remuneration are established by agreements specific to each branch of activity between the representative organisations of performers, producers of phonograms and persons using phonograms under the conditions provided for in 1°, 2° and 3° of Article L. 214-1. These agreements must specify the terms and conditions according to which persons using phonograms under these same conditions fulfil their obligation to…
In the absence of an agreement reached before 30 June 1986, or if no agreement has been reached on the expiry of the previous agreement, the scale of remuneration and the terms of payment of the remuneration are decided by a commission chaired by a representative of the State and composed, in equal numbers, on the one hand, members appointed by the organisations representing the beneficiaries of the right to…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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