Definitions - Record

Producing a record, reproducing a musical work (or an excerpt of this work) and integrating it into an album, adapting, arranging, remixing a piece of music, editing a compilation… In music, anything is possible, provided one abides by the regulations.

Basic Principle: before undertaking a project, always ask the creative artist for authorisation to use the work. These are what are known as “authors’ rights”. The artist can entrust the administration, depending on the case, to the SACEM (Society of authors, composers and publishers of music), the Sacd (Society of authors and composers of dramatic works) or the Scam (Civil society of multimedia authors). The authorisation is granted by a fourth society, the Sdrm (Society for the administration of mechanical reproduction rights), put in charge by the three others of processing requests and collecting the rights, or fees, corresponding to these requests.
The details of these procedures are specified below, step by step

A record is:

• the reproduction of a work on a medium
• the (necessary) authorisation for reproduction is only granted by the SDRM following a search through the repertoires of the SACEM, the SACD or the SCAM, and payment, if need be, of the fee, calculated according to several criteria.

• The law

Article L. 122-3 of the Intellectual Property Code defines reproduction as: “the material fixation of the work by any processes enabling it to be communicated to the public indirectly.” As the reproduction and representation right is necessary for making use of the work, reproduction is forbidden if prior authorisation is not requested from the authors and composers.
An authorisation is also necessary from artist/performers and producers on account of their neighbouring rights. These authorisations are imperative, whether it is for reproducing a work in its entirety, merely using an excerpt or carrying out an arrangement, an adaptation, a new version or a remix.

• Important to know:

Article L. 335-2 of the Intellectual Property Code stipulates that any operation reproducing a work without prior authorisation constitutes a counterfeiting offence provided for and sanctioned by fines and/or prison.

CD, minidisc, analogical or digital cassette, 33 or 45 rpm vinyl record … the profession designates, by the term “phonorecord”, any medium exclusively reproducing sound sequences, (regardless of the genre: music, text, poetry, theatre…) and the format. It is the “phonorecord producer” who takes the initiative to create a phonorecord, and who assigns the manufacturing – from a “master tape”, “matrix”, or “master” – to a pressing plant (or duplicator). The latter carries out the number of runs ordered by the producer or his prime contractor (the representative of a manufacturer who orders from another manufacturer on behalf of the producer).
 

• Required references

The producer must ensure that the titles of the works, the names and the designations of the authors and the composers and, if need be, the names of the adapters, the arrangers and the publishers are indicated on the medium.

The SDRM's logo (in the case where the recorded works are registered in the repertoires administered by the latter) and the statement: “All rights of the phonorecord producer and the owner of the recorded work are reserved. Without authorisation, the duplication, rental, lending and use of this disc (or of this cassette) for public performance and radio broadcast are forbidden” must also be shown.