Section 3: Audiovisual production contract

The producer of an audiovisual work is the natural or legal person who takes the initiative and responsibility for making the work.

A contract between the producer and the authors of an audiovisual work, other than the author of the musical composition with or without words, entails, unless otherwise agreed and without prejudice to the rights granted to the author by the provisions of Articles L. 111-3, L. 121-4, L. 121-5, L. 122-1 à L. 122-7, L. 123-7, L. 131-2 to L. 131-7, L. 132-4 and L. 132-7, assignment to the producer…

Remuneration of authors is due for each mode of exploitation. Subject to the provisions of Article L. 131-4, when the public pays a price to receive communication of a specific and individualisable audiovisual work, the remuneration is proportional to this price, taking into account any degressive tariffs granted by the distributor to the exhibitor; it is paid to the authors by the producer.

Agreements dealing with contractual practices or professional customs between authors and producers, concluded between professional authors’ organisations or collective management organisations mentioned in Title II of Book III of this Part, professional organisations representing producers and, where applicable, organisations representing other sectors of activity may be extended to all interested parties by order of the Minister responsible for culture.

I.-One or more agreements relating to the remuneration of authors concluded between the professional authors’ organisations, the collective management organisations mentioned in Title II of Book III of this Part, the professional organisations representing producers and, where applicable, the organisations representing other sectors of activity set out the methods for determining and paying the proportional remuneration per mode of exploitation as well as, where applicable, the conditions under which authors…

The author guarantees the producer the peaceful exercise of the rights assigned.

The producer is required to seek ongoing exploitation of the audiovisual work in accordance with the practices of the profession. The scope and conditions of implementation of this obligation and, where applicable, the provisions agreed between the producer and his assignees or agents shall be defined by means of a professional agreement concluded between, on the one hand, the professional authors’ organisations or the collective management organisations mentioned in Title…

The producer shall provide the author and co-authors, at least once a year, with a statement of revenue from the exploitation of the work according to each mode of exploitation. At their request, he shall provide them with any justification likely to establish the accuracy of the accounts, in particular a copy of the contracts by which he assigns to third parties all or part of the rights he holds….

The contract authorising the communication to the public of a work on an on-demand audiovisual media service within the meaning of Article 2 of Law no. 86-1067 of 30 September 1986 provides for the transmission to the assignor of information on the number of acts of downloading, consultation or viewing of this work at a frequency appropriate to the broadcasting of the work and at least once a year.

Unless otherwise agreed, each of the authors of the audiovisual work may freely dispose of that part of the work which constitutes his or her personal contribution with a view to its exploitation in a different genre and within the limits set by article L. 113-3.