Rates for "Inserts"

The present conditions and schedule apply to works protected by copyright and reproduced on a record inserted free of charge in a periodical sold to the public in newsstands or by news dealers (magazines, publications and/or journals, excluding subscriptions) meeting the criteria set out by the French Act of August 1, 1986, for laws applying to the press and excluding record/booklet sets; for these products, see the conditions and schedule "Phonogram/booklet sets sold via the newsstand network".

The specific rules and schedule explained here apply when all the following conditions are fulfilled, together and in full:

• The phonogram provided with the magazine sold must reproduce performances of works of music released for the first time (created specifically for that issue of the magazine) or released for the first time at least six months prior to the release of the periodical for sale.
• This schedule applies to recorded phonographic formats that are audio-only and non-recordable, i.e. CDs and audio cassettes. Formats that are not audio-only, (i.e. CD-ROM, CD EXTRA, DVD) are excluded and SDRM offers other licensing conditions for them (consult us). Blank recording formats (i.e. CD-R, CD-RW, DVD-R, etc.) are also excluded.
• In addition to the standard compulsory references (work titles, rights-holder names, SDRM logo, etc.), records provided with magazines must be marked "Offert par... - Interdit à la vente" [Free gift from … not for sale]. When the end user receives the records, there must be no mark-up on the standard retail price for the magazine and no financial payment of any kind. The end user must also receive the items in compliance with the regulations on sales with direct (and non-deferred) bonuses.
• Because of the special features of the retail network and the type of phonographic catalogue used, an adjustable fee scale is available, decreasing as the number of copies manufactured increases.

If any of the conditions listed above is not fulfilled, the present schedule may not be applied. Authors’ rights due for the mechanical reproduction of works protected by copyright will then be calculated on the basis of SDRM "work by work" conditions for the sale of phonograms in the conventional retailing market.

SDRM manages only the mechanical reproduction rights on recording formats for the works it represents.

When the "insert" recording format refers specifically to the magazine title, a brand, an associated product or service (e.g. an advertisement inserted with the record or a record sleeve displaying the title of the magazine, the brand, the product, and/or service), written authorization must be obtained from the music publishers or, if there is no publisher, from the rights-holders of the works reproduced.

Before manufacturing the “insert” record, the producer must complete a license application form listing the works of music intended to be reproduced and forward it to SDRM. Please note that any incomplete application form that cannot be properly processed will be returned to the sender for completion, with further delay in processing the license.

The form must include:

• the producer’s name and/or corporate name
• the record manufacturer’s name and, if applicable, contractor’s name
• the reference number given to the record
• the total playing time of the recording and the length of each work
• the title of each of the works reproduced , plus the names of the authors and composers of the works
• the total number of records manufactured
• the name of the magazine with the record

After receiving this document, SDRM will determine if the works belong to the repertoire it administers or not, identify their rights-holders (authors, composers and publishers) and calculate the corresponding license fee.

SDRM offers a fee calculated "by the minute" for works protected by copyright and reproduced on the phonographic recording format; the fee decreases depending on the quantities manufactured. For any minute of music (even partial) included on the "insert" record, the fee that is normally applicable for that minute will be due. To calculate the total fee for a given number of units, add up the amounts corresponding to each of the fee categories. This schedule applies for a period of twelve months. It may be revised annually.

Fee due for one CD:
1 – 100,000 units: €0.0076 excluding VAT
100,001 – 500,000 units: €0.0061 excl. VAT
over 500,000 units: €0.0046 excl. VAT