My neighbouring rights as performer

Performer : A performer is a person who represents, sings, recites, narrates, plays or otherwise performs a literary or artistic work, a variety act, circus act or puppet show (Article L. 212-1 of the French Intellectual Property Code).

Moral rights

Moral rights consist of two prerogatives: 

  • Performers have the right to have their name and status respected, i.e. the right to have these attached to their performance. 
  • Performers have the right to have their performance respected, which means that it may not be deleted, altered or distorted. 

This right may not be assigned to the producer or any other third party. It is passed on to the performers’ heirs without any time limit in order to protect the performance and memory of the deceased. 

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Exclusive rights

Performers have the exclusive rights to authorise or prohibit the fixation of their performance and the acts of using that fixation, i.e. the reproduction and communication to the public of that fixation, its rental, distribution and making available to the public on demand. 

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Statutory remuneration rights: legal licences

Remuneration for private copying and equitable remuneration are unwaivable remuneration rights under mandatory collective management. The law requires collective management organisations to collect and distribute this remuneration to rightholders whether or not they are members of Spedidam

This remuneration is paid by broadcasters to performers and phonogram producers when a phonogram published for commercial purposes is: 

  • directly communicated in a public place (restaurants, hotels, shops, discotheques, etc.) provided that it is not used in a show. 
  • radio broadcast (audio – radio – or audiovisual – TV) or when this broadcast is fully and simultaneously distributed by cable 
  • communicated to the public by web radio stations under certain conditions.  

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This remuneration is paid by manufacturers and importers of blank recording media (USB sticks, smartphones, tablets, MP3 or MP4 players, etc.) to authors, performers, phonogram producers and videogram producers, and publishers, for the reproduction of such works exclusively for the copier’s private use, made from a lawful source. 

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