Copyright Review Commission Report - ICT Law and Regulation ...

Proprietary rights allow authors to exploit their works for financial gain. Authors have the right to authorise reproduction ofworks or public performances, and may also prevent the reproduction of works.The French copyright law treats a protected work as an extension of the personality of the author which is protected bycertain moral rights. The Author has the right to “respect of his name, of his status as author, and of his work” (Article L121-1).Contrary to the position in most common law jurisdiction, the breach of propriety right is a criminal offence in France. Thisattracts a fine of up to €300 000 (about US$375 150 or £247 100 as of July 2010).List of entities visited: CISAC (Representative of Authors Worldwide); SNAM (Musicians Union of France); Ministry of Arts and Culture (Secretary General); SCAM (Audio Visual); ADAMI (Featured Artists); SPEDIDAM (Non-Featured Artists); SPRE (Collecting Agency for Performers/Producers); SPPF (Small Recording Labels); SORECOP (Collecting for Private Copying); and SCPP (Record Companies Majors).SPRE collects ‘equitable compensation’ (the equivalence of our needletime royalties), which are then distributed by membercompanies (SCPP, SPPF, ADAMI and SPEDIDAM) to producers and performers. SPRE is also co-managed by these fourmember companies.The above mentioned four companies distribute the royalties directly to performers and producers on the basis of statementsprovided by television and radio stations or to other surveyed distributors of music.In accordance with the Act, a portion of the total royalties collected by SPRE is intended to be used for general activities, forexample: Aid for creation, Dissemination of the performing arts, and Training of artists; and The financing of numerous actions and events.2.2. ASSESS THE EFFICIENCY OF THE RELEVANT LEGISLATIONSThe French Intellectual Property Code regulates the formation of a collecting society, Article L321-1 to L321-13. A standingcommittee is established to oversee royalty collection and distribution.- 132 -