According to article L212-4 of the intellectual property code:
“The signature of the contract concluded between an artist-performer and a producer for the production of an audiovisual work constitutes authorization to fix, reproduce and communicate to the public the performance of the artist-performer.
This contract fixes a distinct remuneration for each mode of exploitation of the work. »
The article therefore organizes a presumption according to which the contract concluded for the performance of a service intended to be incorporated into an audiovisual work entails authorization for the producer to exploit this service as soon as it is properly incorporated into the audiovisual work.
The interpretation of a musical work produced for the needs of a realization
audiovisual come under this regime, even though the latter concerns the rights of the performers of an audiovisual work and not, more specifically, those of the performers of the sole musical work incorporated into the audiovisual work?
audiovisual come under this regime, even though the latter concerns the rights of the performers of an audiovisual work and not, more specifically, those of the performers of the sole musical work incorporated into the audiovisual work?
The full assembly of the Court of Cassation decides in the affirmative a lively debate.
Judgment no. 636 of February 16, 2018 (16-14.292) - Court of Cassation - Plenary Assembly
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