Section 3: Contracts between a performer and a phonogram producer

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L212-10L212-11L212-12L212-13L212-14L212-15

Article L212-14

French Intellectual Property CodeIn force
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Updated 8 Nov 2023

I.-The provision of a phonogram in such a way that anyone can access it on their own initiative, in the context of streaming, is subject to a minimum remuneration guarantee.

II.The terms and conditions of the minimum remuneration guarantee provided for in I and its level are established by one or more specific agreements concluded between, on the one hand, the professional organisations representing performers and the collective management bodies mentioned in Title II of Book III of this Part representing performers and, on the other hand, the professional organisations representing phonogram producers and the collective management bodies mentioned in Title II of Book III of this Part representing phonogram producers.

This agreement or these agreements may be made binding on all the performers and phonogram producers concerned by order of the minister responsible for culture.

III. III.In the event that the specific agreement(s) do not specify the terms and level of the minimum remuneration guarantee provided for in I for all or some of the performers, within twelve months of the promulgation of Order no. 2021-580 of 12 May 2021, these terms and conditions and this level are determined for the performers concerned by a commission chaired by a representative of the State and composed, in addition, half of persons appointed by the organisations representing performers and half of persons appointed by the organisations representing phonogram producers. The level of the guaranteed minimum remuneration is determined by the commission in such a way as to involve performers appropriately in the exploitation of phonograms.

IV.-The guaranteed minimum remuneration is determined by the commission in such a way as to involve performers appropriately in the exploitation of phonograms. IV.-The minimum remuneration guarantee provided for in I is proportional to the economic value of the rights under the conditions set out in II of article L. 212-3. It may, however, also be fixed on a flat-rate basis in the cases provided for in that same article.

V.-A decree of the Council of Ministers is to be issued for the purpose of guaranteeing the economic value of the rights. V.-A Conseil d'Etat decree sets out the operating procedures for the commission referred to in III.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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15+ Years In Corporate Practice

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