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Performers’ rights
Performers’ rights

Performers have rights in the use of their sound and audiovisual recordings.

Private copy remuneration

infographie copie privée 2020 EN

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What types of works are concerned with the remuneration for private copying?

Long and short films, television fiction (TV movies, series, docu-fiction) and cartoons.

In addition, remuneration for audiovisual private copying may be paid for works that fully meet the following two criteria:

  • for the first time in a Member State of the European Community
  • still protected by neighboring rights

Not taken into account: essays, artistic direction and ambiances.

The European map of remuneration for private copying (source Copie France)

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What are the payment periods and limitations of remuneration for audio private copying and equitable remuneration?

Payments for private sound copying and equitable remuneration are made once a year at the end of December, based on the previous year’s broadcasts. Consult the payment schedule.

The gap time between the distribution and / or sale of the work and the payment of the rights is:

  • one year for remuneration for private copying calculated on broadcasts,
  • two years for remuneration in respect of private copying calculated on the number of phonograms sold.

For information, the law on prescription was amended in 2014 and its duration reduced to 5 years (Intellectual Property Code Article L 321-1 last paragraph – link legifrance.gouv.fr).

Thus, for rights distributed before January 1, 2015, you have until December 31, 2019 to claim them with a maximum retroactivity of 10 years. For amounts allocated after 2015, retroactivity is now up to 5 years.

Examples:

The rights were distributed in 2009. The claim can be presented until 2019.
The rights were distributed in 2012. The claim can be presented until 2019.
The rights are distributed in 2016. The claim can be presented until 2021 or for 5 years.

After five years, the rights, if not claimed by the performer, are prescribed.

 

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