Section 1: Common provisions

With the exception of the complementary artist, considered as such by professional usage, the performer is the person who represents, sings, recites, declaims, plays or performs in any other way a literary or artistic work, a variety act, a circus act or a puppet act.

Performers have the right to respect for their name, their status and their performance. This inalienable and imprescriptible right is attached to their person. It is transmissible to their heirs for the protection of the performance and the memory of the deceased.

I.-The fixation of the performer’s performance, its reproduction and communication to the public, as well as any separate use of the sound and image of the performance when it has been fixed for both sound and image, are subject to the performer’s written authorisation. This authorisation and the remuneration to which it gives rise are governed by the provisions of articles L. 7121-2 to L. 7121-4, L. 7121-6, L. 7121-7…

I. – Where the performer has transferred all or part of his exploitation rights, the assignee shall send him or make available to him by an electronic communication process, at least once a year, explicit and transparent information on all revenues generated by the exploitation of the work or protected object, distinguishing between the different modes of exploitation and the remuneration due for each mode of exploitation. Subject to article…

In the absence of a specific provision in his exploitation contract or a collective or professional agreement applicable in his sector of activity and providing for a comparable mechanism, the performer is entitled to additional remuneration when the remuneration initially provided for in the exploitation contract proves to be excessively low in relation to the total income subsequently derived from the exploitation by the assignee. In order to assess the…

I.-Where the performer has transferred all or part of his rights on an exclusive basis, he may, in the absence of any exploitation of his performance, terminate ipso jure the transfer of all or part of these rights. II.-The procedures for exercising the right of termination referred to in I, in particular its application over time and the information to be given to the beneficiary of the exploitation contract, are…

The provisions of II of article L. 212-3 as well as articles L. 212-3-1 and L. 212-3-2 are of public order.

I.-After the first fifty years of the period of seventy years provided for in 2° of I of article L. 211-4, the performer may notify his intention to terminate the authorisation given in application of article L. 212-3 to a phonogram producer where the latter does not offer for sale copies of the phonogram in sufficient quantity or does not make it available to the public in such a way…

Where a phonogram contains the fixation of the performances of several performers, the performers shall exercise the right of termination referred to in article L. 212-3-5 by mutual agreement. In the event of disagreement, it shall be for the civil court to rule.

I.-If the authorisation given in application of article L. 212-3 provides for flat-rate remuneration, the phonogram producer pays the performer, in return for the exploitation of the phonogram containing the authorised fixation, additional annual remuneration for each full year beyond the first fifty years of the seventy-year period provided for in 2° of I of article L. 211-4. The performer may not waive this right. However, a phonogram producer who…