French Intellectual Property Code
In forceI.-The fixation of the performer's performance, its reproduction and communication to the public, as well as any separate use of the sound and image of the performance when it has been fixed for both sound and image, are subject to the performer's written authorisation.
This authorisation and the remuneration to which it gives rise are governed by the provisions of articles L. 7121-2 to L. 7121-4, L. 7121-6, L. 7121-7 and L. 7121-8. This authorisation and the remuneration to which it gives rise are governed by the provisions of articles L. 7121-2 to L. 7121-4, L. 7121-6, L. 7121-7 and L. 7121-8 of the French Labour Code, subject to the provisions of article L. 212-6 of this Code.
II.-The transfer by the artist of his or her rights to the use of his or her sound or image is subject to the provisions of article L. 212-6 of this Code. II -A performer may transfer all or part of his or her rights to his or her performance. It must include appropriate remuneration for the performer that is proportional to the actual or potential economic value of the rights assigned, taking into account the performer's contribution to the work as a whole and taking into account all other circumstances of the case, such as market practices or the actual exploitation of the performance.
The remuneration of the performer must be in proportion to the actual or potential economic value of the rights assigned, taking into account the performer's contribution to the work as a whole and taking into account all other circumstances of the case, such as market practices or the actual exploitation of the performance. The performer's remuneration may be assessed on a flat-rate basis in the following cases:
1° The basis for calculating the proportional share cannot be practically determined;
>
2° There are no means of monitoring the application of the profit-sharing scheme;
3° The cost of calculation and control operations would be out of proportion to the results to be achieved;
>
4° The nature or conditions of the exploitation make it impossible to apply the rule of proportional remuneration, either because the performer's contribution does not constitute one of the essential elements of the performance of the work, or because the use of the performance is only incidental in relation to the object exploited;
> In other cases provided for in Article 2, paragraph 1, of the Directive, the performer's contribution may not be used for any purpose other than that for which it is intended. 5° In the other cases provided for in this code.
Subject to specific collective agreements and agreements satisfying the conditions laid down in this article, collective agreements and agreements may determine, taking into account the specific features of each sector, the conditions for implementing the provisions of this article.
It is also lawful for the parties, at the request of the performer, to convert the rights arising from contracts in force into lump-sum annual payments for periods to be determined between the parties.
