Frequently Asked Questions

SACEM protects all types of music, both works registered in France and outside France, except for any already in the public domain (i.e. 70 years after the death of the author and composer, plus any extensions applying under specific conditions).

When musicians and singers perform as part of a show, the organizer has to have authorization from the original authors to use their works in public, and has to pay authors’ rights to SACEM.

These payments are quite distinct from the fee paid to the performing artists and are due to the authors and composers who own the works.

When recordings are used (records or cassettes), both authors’ rights and neighboring (i.e. related) rights must be paid.
These are paid to the musicians, performing artists and record producers who make the recordings: this is known as equitable remuneration and is collected by the "equitable remuneration" collecting society, SPRE (Société pour la Perception de la Rémunération Equitable), which has delegated the task of collecting rights to SACEM.

No. Works of music protected by copyright (contemporary music or songs) can only be copied or played on-line when authorized for licensed use by paying authors’ rights.
The one exception is for music used within the “family circle”.

In addition, any work no longer protected by copyright (in the public domain), still requires authorization from the related rights-holders (producers and/or performing artists) when a recording (CD) is copied.

When a recording (in MP3 or any other format) is made available via networks (e.g. Internet) without authorization, it is an infringement of laws on intellectual property and is punishable under criminal law; legal suits for damages can also be brought as private litigation.

Do not put copyright music on the Internet. Anyone doing this would be depriving the original music-makers of their livelihood and undermining future creative work, disadvantaging all those people who like music!

• Further information is available from SESAM

Yes, because SACEM has to grant a license for the organizers of every musical event; this is the authorization given by the original authors. SACEM also provides information on conditions for calculating the fees due when the works are used, according to the situation:

• an event organized by a charity/volunteer organization, a local authority (“commune”), a special celebration committee or a professional show manager
• music performed by professional or amateur musicians (with a score or played from memory), or television or radio broadcasts of music using records or cassettes
•  music as the key feature of an event (e.g. concerts, dances, music galas) or as background, e.g. fetes, banquets, retail promotion events or sports events.

Calculations are not made according to the source or type of work, the number of works or their duration. In general, in compliance with French legislation on intellectual property (Intellectual Property Code Article L.131-4), authors must benefit from uses made of their works. Authors’ rights are calculated in proportion to revenue generated (e.g. entrance charges or income from restaurant/drink sales) with a minimum fee calculated on the basis of expenditure. Payments due to authors are never calculated in relation to profit. Events held free of charge or when music is not the central element (e.g. with amplified recorded music for a fête or banquet) are charged flat rates. It seems perfectly logical to pay for drinks, caterers, electricity, musicians and the PA/sound system, even when the event is held free of charge, so the original authors and composers must also be paid. If their works did not exist, there would be no dances, concerts or parades.

SACEM is not a business corporation and does not make a profit. Once administration costs have been deducted, 84.62% of the payments collected are redistributed to the music authors, composers and publishers, both in France and internationally.

Yes.
In line with provisions in the Intellectual Property Code, SACEM grants concession rates to the following:

• local authorities (“communes”) when holding national or local celebrations
• adult education associations
•  public interest groups holding events free of charge.

And SACEM does even more.

SACEM has signed more than seventy agreements with federations granting discounts on authors’ rights to their member associations.

Yes.

- SACEM supports humanitarian, philanthropic and social initiatives organized by not-for-profit associations.
If no revenue is generated and if the budget is for expenditure of less than 305 euros, SACEM may issue a license free of charge.
Free licenses are only granted for one-off events, as authors and composers cannot systematically decline payment.

- SACEM can also issue free licenses when the events held are performed by artists and service-providers working free of charge and when all proceeds are given to one of the following associations:

• Restos du Coeur (soup kitchen)
• Association Française contre les Myopathies (Telethon)
• Courir pour la vie, Courir pour Curie
• Comité catholique contre la faim et pour le développement
• Association Volontaire pour les Autistes (National Autism Day)
•  Vaincre la mucoviscidose (cystic fibrosis)

- France’s annual music day – Fête de la Musique – is an exception and SACEM grants a free license to organizers holding concerts free of charge when the artists and musicians perform without receiving any fees.

In compliance with the Intellectual Property Code (Article L. 132-21), show organizers must report to the authors concerned or their representatives, giving details of the works used. SACEM needs information on all the works performed in the course of a show so as to allocate the rights due on each work and allocate them to each original author and/or composer as accurately as possible.

In fact, many local and regional authors and composers attract their audiences through shows and events held by local authorities and associations, with virtually no exposure via radio, television and the main production circuits. The log forms are completed by the musicians, conductor, DJ or sound system operator and are used to identify all the authors, composers and publishers who, without this feedback, would not have their rights paid.

SACEM partners the French muscular dystrophy association (AFM - Association Française contre les Myopathies) and has been involved in the annual Telethon conducted to raise awareness and collect funds to combat neuromuscular diseases.

The Telethon-SACEM charter includes a license for organizers of musical events and does not require authors’ rights to be paid when the artists and service providers do not charge fees and when the full proceeds are paid to AFM.

If the artists and service providers receive payment, then authors’ rights are due; SACEM then makes a direct donation to AFM, the amount being 50% of the rights paid.