Definitions - A film & its soundtrack

The author of a work of the mind (a work of authorship) shall, by the sole fact of having created it, enjoy the benefit of exclusive and enforceable intangible ownership rights. These rights include intellectual property and moral rights as well as proprietary rights. (CPI, article L.111-1).

The work of music must be reproduced without any alteration of any kind whatsoever, with all due respect to the author’s moral rights which are expressly reserved. If the producer makes any change to the work of music, he/she must obtain prior authorization from the author and composer. This is usually done through the publisher.

For the duration of the author’s life, the author holds exclusive rights to use his/her work in whatever form and to gain financial benefit from it. On the author’s death, these rights continue to prevail to the benefit of his/her rights-holders throughout the current calendar year and for the following seventy years. (CPI, Article L. 123-1).

Reproduction consists of the physical recording of the work by all and any processes whereby it is possible to convey the work to the public in an indirect way. This can be done through, inter alia […] mechanical recording, cinematographic recording or magnetic recording (CPI, Article L. 122-3). Reproduction rights are managed by Sacem-SDRM which, with all due reservations for moral rights applying, authorizes the producer to reproduce the works in Sacem-SDRM repertoire on payment of rights which are then distributed to the authors, composers and music publishers of the works reproduced.

If the producer wishes to change the lyrics or make a musical arrangement of the work, he/she must obtain authorization from the party holding the adaptation and arrangement rights; this is usually the publisher when the author and composer have sold these rights to the publisher.

"Performance consists of presenting the work to the public by any means whatsoever, and specifically through public performance, public screening […] or television" broadcast. (CPI, Article L. 122-2).

These rights are managed by Sacem which, in administering its repertoire, grants authorization for public screening and broadcasting of films.

For information on rights due to performing artists, contact ADAMI and SPEDIDAM; for rights due to record producers, contact SCPP and SPPF; and for rights due to film producers, contact PROCIREP.