Question 16124 — intellectual property

Summary

Ms. Cécile Muschotti draws the attention of the Minister of Culture to the protection granted to performing artists by the intellectual property code. Based on principles of balance, it guarantees performing artists, alongside so-called exclusive rights, additional remuneration for the uses made of their recordings. Provided for by two international treaties (Rome Convention of 1961 and treaty WIPO of 1996) and Directive 2006/115/EC of December 12, 2006, this remuneration for any broadcasting and any communication to the public of commercial phonograms, collected from broadcasters, benefits, according to Article L. 214-1 of the Intellectual Property Code, half to the performing artists and half to the producers. This system, which initially covered the broadcasting and communication of these phonograms in public places, was supplemented by law no. 2016-925 of July 7, 2016, so as to cover webcasting. Other services are excluded from this equitable remuneration system, in favor of that of the exclusive right of the holders of related rights. However, the question of the fair share of sums due to performers for the broadcast of commercial phonograms incorporated into audiovisual programs (web TV and terrestrial television), in a live performance or during exhibitions of works of plastic, graphic or photographic arts is not regulated by article L. 214-1 of the intellectual property code which excludes these cases from the application of the fair remuneration regime. In addition, in the musical field as in the audiovisual field, the dissemination of recorded works takes place via the Internet in addition to traditional channels. broadcasting, particularly in the context of so-called “on-demand” interactive devices. Platforms allowing on-demand listening or viewing, as well as on-demand downloading, operated for example by iTunes, Netflix, Deezer, do not authorize any remuneration for performing artists in this respect: only artists under an exclusive contract obtain remuneration proportional to revenue. generated by such exploitations, but of an often derisory amount. The system introduced by the law of July 7, 2016, consisting of article L. 212-14 of the intellectual property code intended to guarantee “minimum remuneration” for performers in the context of the use of collective union agreements, proves insufficient: it excludes from the guarantee of remuneration all performers set at abroad, including French artists; it presents the risk of revenue evasion and distorts the basis for calculating the revenue to be shared; it exposes performing artists to the risk of spoliation of their rights; it does not require the intervention of a collective management organization. She wishes to know the analysis that the Government gives of the overall system of remuneration of performing artists and asks it what path it intends to borrow in order to better organize it so that they see their work more fairly remunerated.

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