Chapter IV: Provisions common to performers and phonogram producers

Articles in this section · 6

L214-1L214-2L214-3L214-4L214-5L214-6

Article L214-1

French Intellectual Property CodeIn force
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Updated 8 Nov 2023

When a phonogram has been published for commercial purposes, the performer and the producer may not oppose:

1° To its direct communication in a public place, as long as it is not used in a performance;

2° To its simultaneous and complete broadcasting and cable distribution, as well as its reproduction strictly reserved for these purposes, carried out by or on behalf of audiovisual communication undertakings with a view to soundtracking their own programmes broadcast on their airwaves as well as on those of the audiovisual communication undertakings that pay the equitable remuneration.

In all other cases, it is the responsibility of the producers of said programmes to comply with the exclusive right of holders of related rights provided for in Articles L. 212-3 and L. 213-1.

These uses of published phonograms for commercial purposes, regardless of where these phonograms were fixed, give rise to a right to remuneration for the benefit of performers and producers.

This remuneration is paid by the persons who use the phonograms published for commercial purposes under the conditions mentioned in 1°, 2° and 3° of this article.

It is based on the revenue from exploitation or, failing that, assessed on a flat-rate basis in the cases provided for in Article L. 131-4.

It is divided equally between performers and phonogram producers.

3° To its communication to the public by a radio service, within the meaning of Article 2 of Law No. 86-1067 of 30 September 1986 on freedom of communication, with the exception of radio services whose main programme is dedicated for the most part to a single performer, author, composer or is derived from a single phonogram.

In all other cases, it is the responsibility of online public communication services to comply with the exclusive rights of holders of related rights under the conditions set out in articles L. 212-3, L. 213-1 and L. 213-2. This applies to services that have implemented functionalities enabling a user to influence the content of the programme or the sequence of its communication.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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