Neighboring rights management

Managing performer's rights

A performer is defined as the person who sings, recites, plays or otherwise performs a literary or artistic work: this includes singers, choristers, musicians, dancers, actors, acrobats as well as circus or puppet artists.

Performers are different from authors and composers.

A musician is a performer, giving substance to a work written and composed by another, even if that other is themselves. Performers can also be authors and/or composers, but in this case they wear two hats. Songwriter and performer are not the same profession, the same role. Rights and sources of income are different.

The law grants special protection to performers, including musicians, backup singers and singers. This property right is called "neighboring rights", enabling performers to protect their work and earn income.

Until 1985, no legislation explicitly recognized performers' rights over the broadcasting of their recorded performances: artists received no remuneration from the broadcasting and exploitation of the recording in which they had participated.

The change came with Law n°85-660 of July 3 1985, more commonly known as the "Lang Law", which officially recognized the performer's right of ownership over their performances, granting the right to authorize or prohibit the exploitation of their works in return for remuneration.

Under this law, the artist has the right to authorize (or prohibit) the recording, reproduction, broadcasting to the public and all secondary uses of their performance.

Consequently, a producer wishing to exploit or broadcast a performer's performance must obtain the performer's written authorization. Without such permission, the producer is not entitled to use the performance.

However, there are certain exceptions where the artist's authorization is not required:

• radio broadcasts of the artist's music
• a bar or public venue broadcasting the artist's music (inclusion of a track in a playlist)
• in all cases of broadcasting in public places, on radio or TV.

In return for this "lost right", it was decided to compensate the performer: thus, in accordance with the Lang law of 1985, two forms of financial compensation were introduced:

Equitable remuneration

In 1985, a solution was devised to enable music users (including those in radio, television, evening establishments, bars, supermarkets, restaurants - in fact, all public places that play music) to be able to broadcast recordings that have been commercialized without having to seek prior authorization from the artists or producers. This solution, known as "Equitable Remuneration", involves the payment of a royalty by these users. The task of collecting this Fair Remuneration from broadcasting venues and radio/television stations has been entrusted to an organization called SPRÉ.

The Fair Remuneration is then redistributed on an equitable basis between phonographic producers and performers, via their respective collecting societies.

Private copy

Introduced in 1985, private copying is financial compensation attached to the artist's right of ownership of their work. Under French law, only the artist has the right to authorize or prohibit the reproduction or copying of their performance.

The question then arises: How can we prevent millions of people from recording a song that is broadcast on the radio? How to prevent an album from being burned onto a CD, or a track from being copied onto a USB stick or hard disk?

The answer in 1985 was clear: "It's impossible".

Faced with this reality, a solution was put in place: the creation of a new remuneration aimed at compensating for the "prejudice suffered". Private copy levies were designed to compensate songwriters, composers, performers and producers for losses caused by private copying onto blank recording media.

It was decided that manufacturers and importers of blank media would be responsible for paying this levy, which in reality is passed on to the consumer when the media is purchased.

The current term of economic rights is 70 years from the time the recording is made available to the public. After that, the work enters the public domain.

Drafting artist's contracts (main or accompanying)

An "artist's contract", also known as an "exclusive recording contract", is a contract between the music producer and the performer to make and market a recording. The recording of the artist's performances belongs to the artist.

In most cases, the phonographic producer is a company or association, often called a "label" or "record company".

The Lead Artist:

The lead performer may be an individual on a solo project, or a soloist in an orchestra. Sometimes, a musical group is considered the lead artist.

The lead artist is irreplaceable, and without one, the concert is cancelled. This is the artist whose name appears on the album cover.

The Accompanying Artist:

The Accompanying Artist, also known as the Additional Musician, is hired for a recording session, a concert or even a tour. They may be backing singers or studio musicians, whatever their instrument.

The difference between the principal artist and the accompanying artist in no way alters their legal rights. They have the same economic rights, but they do not sign the same contracts:

► The lead artist signs an "exclusive recording contract", which is an employment contract. It is often associated with an exclusivity clause with the producer. This means that for several years, the artist will remain tied to a single producer (who acts as employer).

► The accompanying artist, on the other hand, works more like a freelancer. They are not tied long-term to a single producer or employer. They perform numerous performances, recording sessions and projects. Each time, they sign a "recording contract" or a Spedidam attendance sheet, and will generally be remunerated on a per-performance basis.

Supervising expenses as a record producer

As a record producer, you are responsible for financing the recording and producing the master. This applies to several types of recording: a single track, a 4-track EP or a complete album of several tracks.

Here are the expenses you'll need to cover:

• Musicians' fees
• Studio rental costs
• Equipment (rental or purchase)
• Remuneration of sound engineer, artistic director and technicians
• Rehearsal costs
• Transportation and meal costs, if applicable

Every year, a renegotiation of minimum rates for the remuneration of lead and accompanying artists (referred to as musical artists in the collective agreement) is conducted by the social partner signatories.

Here are the updated minimum rates for 2023:

Lead artists:

• For use of up to 10 minutes of the artist's performances recorded as part of a specific job, the minimum wage corresponds to €190.30 per indivisible tranche of 5 minutes actually used.
• For use of between 10 and 20 minutes of the artist's performance, the minimum wage is €570.91 per indivisible tranche of 20 minutes actually used.
• Finally, if the employer uses more than 20 minutes of the artist's performance, the minimum wage is set at €31.40 per minute actually used.

This applies to principal artists, excluding opera singers, conductors, choirmasters, speakers and narrators whose rates are defined elsewhere in the collective agreement.

Accompanying artists:

• For a recording session of up to 3 hours, the minimum wage is €190.30.
• For a recording session of more than 3 hours and up to 6 hours, the minimum wage is €380.61.

Registering with neighboring rights societies

There are two main neighboring rights societies in France:

ADAMI (Administration of Performers' Rights): Manages the rights of solo performers, lead singers, conductors, and featured artists.

SPEDIDAM (Society for the Collection and Distribution of Performers' Rights): Manages the rights of accompanying artists, background singers, and session musicians.

Performers must register with the appropriate society depending on their role in the recording. This registration allows them to receive their share of neighboring rights collected from:

• Radio and television broadcasts
• Public performances in venues (bars, restaurants, shops)
• Private copy levies
• Digital streaming platforms

It's essential for performers to keep detailed records of all their recording sessions, including dates, titles, producers, and their specific role in each recording.

The societies distribute royalties periodically based on the actual use of recordings in which the registered performers participated. Registration is free and performers retain full control over their careers while benefiting from collective rights management.