It all started in 1955 with three artists (opera singers Jean Giraudeau and Roger Bourdin and actor Pierre Olivier) playing in a sound and light show at the Castle of Chenonceau. The producer of this show had made a sound recording, and the record that resulted was a great success. However, he had not thought of paying the performers whose voices were recorded on the record. With the support of the National Union of Actors, the latter managed to reach an agreement with the record producer. In the wake of Adami was created, to continue to defend the rights of artists arising from the secondary use of their recorded work. For about thirty years, the Adami, which was a small – but active – structure, continued to make case-by-case agreements with radio and television producers and broadcasters.
The Law of 1985
Everything changed in 1985 when, after years of pressure from the artists’ unions to the political power, the “Lang law” was voted on July 3, 1985. In practice, this law recognizes to performers what is called neighboring rights of copyright. With this law, the artist has an exclusive right that gives him the opportunity to authorize or prohibit the use and exploitation of his interpretation and he can claim remuneration in return for this authorization.
The “Société des Artistes Interprètes” (SAI)
is a performers’ rights collective management organisation created in 2004 by ADAMI and SPEDIDAM.
On October 17, 2016, SPEDIDAM and ADAMI signed a major agreement drawing the two organisations closer, and gradually entrusting SAI with new missions to reinforce the rights of all performers and anticipate the international evolution of these rights.
The agreement provides for the creation of a joint entity at the center of which the SAI, “Société des Artistes Interprètes”, owned by the two societies, is gradually entrusted with new missions of collection, distribution and payment of their rights to artists.
The rights of performers are linked to the progress of copying and broadcasting techniques of their recordings.
The rights of performers
To understand properly, we must return to the principle that gave birth to them. These are the rights that come from the uses of the performers’ recordings. When they play in a film, when they record a music, this film is then broadcast on television, this music is broadcast on the radio, on television, in shops and in public places …
Equitable remuneration covers the broadcasting of music on the radio, in shops and in public places.
In addition to this broadcast, the public has the opportunity to copy this film, this music on USB sticks, blank CDs and DVDs, tablets and smartphones that he bought to see and listen as he pleases.
Remuneration for private sound and audiovisual copying pays authors, performers, producers and publishers in exchange for the right granted to the consumer to copy their works – if the source is lawful – for his personal use.
On the same principle, the Adami manages various remunerations from the secondary exploitation of the interpretations which concern mainly the actors: after amortization of the budget of the film, for the exploitations of their films in video, in video on demand, for the sales abroad, sales in France on cable, TNT …
Finally, to cover the growing international exploitation of performers’ recordings, Adami signs and manages representation agreements with foreign rights management societies.
1955 : Three performers create the Adami, with the support of the National Union of Actors (SNA, now SFA), to defend and manage the use rights in a record of their recorded voices from a sound and light show.
1957 : Justice recognizes to performers the right to control the uses of their recorded performances (Furtwängler judgment).
1961 : An international convention signed in Rome for the first time recognizes the right of performers on the use of their recordings. France will ratify it in 1987.
1985 : Consecration in France, by the law of 3 July 1985 called “Loi Lang”, the neighboring rights of performers on the recording and distribution of their performances.
Birth of legal licenses (right to equitable remuneration and for private copying) and their collective management entrusted to Adami.
1992 : The right of performers is harmonized at European level by Directive 92/100.
1993 : The duration of performers’ rights is set at fifty years by European Directive 93/98.
1993 : Adami signs a first representation agreement with a foreign counterpart society (Japan).
1996 : World Intellectual Property Organization on the Protection of Performers and Producers of Phonograms Treaty (WPPT).
2012 : Beijing Treaty of WIPO, which recognizes the rights of audiovisual performers worldwide.
2013 : The Court of Justice of the European Union recognizes the artistic activity of collective management as an indirect distribution of their rights to remuneration.
2014 : The European Parliament votes on Directive 2014/26 / EC, which harmonises and regulates at European level the collective management of copyright and related rights.
2015 : The French Parliament votes on the transposition of European Directive 2011/77 / EC, which extends the rights of performers of music to seventy years.
2016 :The French Parliament votes the “creative freedom” law. This law includes measures on remuneration for private copying and the application of equitable remuneration to webradios, long claimed by the Adami.