section 2: Contracts concluded between a performer and a videogram producer

The signing of a contract between a performer and a producer for the production of an audiovisual work constitutes authorisation to fix, reproduce and communicate the performer’s performance to the public. This contract sets separate remuneration for each method of exploitation of the work.

Where neither the contract nor a collective agreement mentions remuneration for one or more modes of exploitation, the level of such remuneration shall be fixed by reference to scales established by means of specific agreements concluded, in each sector of activity, between employees’ and employers’ organisations representative of the profession.

The provisions of article L. 762-2 of the French Labour Code only apply to that part of the remuneration paid under the contract that exceeds the bases set by the collective agreement or specific agreement.

Contracts entered into prior to 1 January 1986 between a performer and a producer of an audiovisual work or their assignees shall be subject to the foregoing provisions in respect of the modes of exploitation which they excluded. The corresponding remuneration does not have the character of a salary.

The stipulations of the conventions or agreements mentioned in the preceding articles may be made binding within each sector of activity for all those concerned by order of the competent minister.

Failing an agreement reached under the terms of articles L. 212-4 à L. 212-7 either before 4 January 1986, or on the expiry date of the previous agreement, the methods and bases of remuneration for performers are determined, for each sector of activity, by a commission chaired by a magistrate of the judiciary appointed by the first president of the Cour de cassation and composed, in addition, a member of…