Definitions - Corporate films

"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).

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.

For musical compositions, when the intention is to change the lyrics or make a musical arrangement, the producer must also obtain authorization form the party holding the adaptation and arrangement rights to the work; this is usually the publisher, the author and composer having 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).

For corporate films and videos produced for the purpose of providing information, training or promotional activity, the reproduction and performing rights are managed by SDRM which authorizes the producer to reproduce works in SACEM, SCAM and SACD repertoires and perform and present them to the public. The license is issued, with all due reservations for moral rights applying, after payment of the rights which are then divided amongst the rights-holders for the works used.

The license issued by SDRM authorizes the producer to use the general repertoires of SACEM, SCAM and SACD, within the following limitations:

for mechanical reproduction rights on a global scale
for performing rights in territories administered by SACEM (France, French overseas départements, the Grand Duchy of Luxemburg and the Principality of Monaco).
Extent of Authorization