French Intellectual Property Code

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…

The remuneration provided for in Article L. 214-1 is collected on behalf of right holders and distributed among them by one or more organisations mentioned in Title II of Book III.

I.-Without prejudice to the right of the parties to refer the matter to the court, the mediator for music is entrusted with a conciliation mission for any dispute relating to the performance: 1° Of any agreement between performers whose performance is fixed in a phonogram, phonogram producers and publishers of online public communication services making musical works available; 2° Of a contractual undertaking between a performer and a phonogram producer;…