PROVISIONS COMMON TO PERFORMERS AND PHONOGRAM PRODUCERS
LexInter | June 9, 2016 | 0 Comments

PROVISIONS COMMON TO PERFORMERS AND PHONOGRAM PRODUCERS

Chapter IV: Provisions common to performers and producers of phonograms

Article L214-1

When a phonogram has been published for commercial purposes, the performer and the producer cannot object:

1 ° To its direct communication in a public place, when it is not used in a show;

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 companies in order to provide sound to their own programs broadcast on their antenna. as well as those of audiovisual communication companies which pay fair remuneration.

In all other cases, the producers of said programs are responsible for complying with the exclusive right of holders of neighboring rights provided for in Articles L. 212-3 and L. 213-1.

These uses of the phonograms published for commercial purposes, regardless of the place of fixation of these phonograms, give rise to the right to remuneration for the benefit of performers and producers.

This remuneration is paid by the persons who use the phonograms published for commercial purposes under the conditions mentioned in 1 ° and 2 ° of this article.

It is based on operating income or, failing that, assessed at a flat rate in the cases provided for in Article L. 131-4.

It is divided by half between performers and producers of phonograms.

REMUNERATION FOR PRIVATE COPY

Article L214-2

Subject to international conventions, the rights to remuneration recognized by the provisions of Article L. 214-1 are distributed between performers and producers of phonograms for phonograms fixed for the first time in a Member State of the Community. European.

Article L214-3

The scale of remuneration and the terms of payment of the remuneration are established by agreements specific to each branch of activity between the organizations representing performers, producers of phonograms and persons using the phonograms under the conditions provided for in 1 ° and 2 ° of article L. 214-1

.

These agreements must specify the modalities according to which the persons using the phonograms under these same conditions fulfill their obligation to provide the collecting and distributing societies with the exact program of the uses to which they make and all the documentary elements essential for the distribution of rights.

The stipulations of these agreements can be made compulsory for all interested parties by order of the Minister responsible for culture.

The duration of these agreements is between one and five years.

Article L214-4

In the absence of an agreement reached before June 30, 1986, or if no agreement has been reached at the end of the previous agreement, the remuneration scale and the terms of payment of remuneration are set by a committee chaired by a representative of the State and composed, in equal number, on the one hand, of members appointed by the organizations representing the beneficiaries of the right to remuneration, on the other hand, of members appointed by the organizations representing the persons who, in the branch of activity concerned, use the phonograms under the conditions provided for in 1 ° and 2 ° of Article L. 214-1

.

The organizations called upon to designate the members of the commission as well as the number of people that each one is called upon to designate are determined by order of the minister in charge of culture.

The commission is determined by a majority of its members present. In the event of a tie, the chairman has the casting vote.

The deliberations of the commission are enforceable if, within a period of one month, its chairman has not requested a second deliberation.

The decisions of the commission are published in the Official Journal of the French Republic.

Article L214-5

The remuneration provided for in Article L. 214-1 is received on behalf of the beneficiaries and distributed among them by one or more bodies mentioned in Title II of Book III.

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