Section 3: Contracts between a performer and a phonogram producer

The existence or conclusion of a work or service rental contract with a phonogram producer does not entail derogation from the enjoyment of the rights granted to the performer by Articles L. 212-2 and L. 212-3, subject to the exceptions set out in this code.

The transfer of the performer’s rights mentioned in this code is subject to the condition that each of the rights transferred is the subject of a separate mention in the contract concluded with the phonogram producer and that the field of exploitation of these rights is delimited as to its extent and destination, as to the place and as to the duration. Any clause which tends to confer the right…

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…