Question 8254 — arts and entertainment

Summary

The intellectual property code recognizes music rights holders as having economic rights over their works, performances or phonograms. With regard to authors, composers and music publishers, it is the Society of Authors, Composers and Music Publishers (SACEM) which manages the collection and distribution of their remuneration. Public authorities are not competent to regulate the amount of management costs collective management organizations, which are private organizations, nor to determine the remuneration of their employees and managers. The amount of these management fees is determined and approved by the rights holders, members of the collective management organizations, with regard to the services provided by the latter. Furthermore, management fees are deducted from their share of remuneration and a reduction in their amount does not would not be deducted from the remuneration received from users. The public authorities are also not competent to intervene in setting the remuneration of rights holders, which in no way constitutes a tax fee or a public resource. The collective management organizations are, however, controlled by the Commission for the Control of Collective Management Organizations, created in 2000, and whose powers were broadened during the transposition into France of Directive 2014/26 known as the “collective management” directive, which reinforces the rights of their members who are the right holders, in particular by imposing obligations on these organizations in terms of transparency, governance and distribution deadlines. The Ministry of Culture is nevertheless attentive to the fact that collective rights management organizations copyright and related rights take into account the concerns expressed by associations, particularly with regard to the simplification of the terms of access to works and the moderation of the remuneration requested. In this regard, SACEM takes into account, to establish its prices, the nature of the events (public event with background music, dance ball, etc.) organized by the associations. These prices are adapted to accommodate takes into account the economic specificity of the associations and the expenses they incur to organize shows. Flat-rate pricing is provided for in many cases, which guarantees complete transparency regarding the amounts of copyright to be paid and allows associations to integrate them into their forecast budget. Furthermore, since 2015, non-profit associations which organize, for their common, traditional events offered to the population benefit from the memorandum of understanding signed in 2011 between SACEM, the Association of Mayors of France (AMF) and 67 associative federations, which aims to simplify the terms of access to works and to moderate the remuneration requested. Thus, signatory association federations benefit from a 20% reduction for any authorization request before the date of the event. and a reduction provided for in the memorandum of understanding signed with SACEM. In addition, approved “Popular Education” associations or members of an approved “Popular Education” federation having concluded a memorandum of understanding with SACEM benefit from a 12.5% ​​reduction. For non-approved “Popular Education” associations that are members of a federation that has signed a memorandum of understanding with SACEM, the reduction is 10%. As to to general interest associations, a 5% reduction is granted for events not requiring paid entry. Likewise, during the Music Festival or as part of major national solidarity operations (e.g. Telethon), SACEM members decided to voluntarily give up their remuneration: SACEM then follows their decisions. It is currently continuing its process of simplification and adaptation of scales and procedures with the main federations of the associative sector, in order to best meet the expectations of the associations using its directory.

Machine translation from French. The official text remains authoritative.

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