When a song is played on the radio or streamed, several people may be paid, for different reasons. Understanding who holds which rights helps you avoid registration mistakes and negotiate your contracts. This article gives general pointers about the French system; for a specific situation, contact the relevant body or a legal professional.
Two families of rights
Authors' rights (copyright) protect the work: the melody, the lyrics, an original arrangement. They belong to authors, composers and, by contract, their publishers. They last for the author's lifetime and 70 years after death (Article L.123-1 of the French Intellectual Property Code).
Neighbouring rights protect those who bring the work to life: performers (singers, musicians) and the producers of the recording. They generally last 70 years from publication of the recording (Article L.211-4 of the same code).
Who manages what?
| Body | For whom | Rights managed |
|---|---|---|
| SACEM | Authors, composers, publishers | Authors' rights: broadcasting, public performance, reproduction |
| SCPP / SPPF | Phonogram producers | Producers' neighbouring rights |
| Adami | Performers, in particular featured artists | Performers' neighbouring rights |
| Spedidam | Performers, in particular session musicians | Performers' neighbouring rights |
These bodies collect money no artist could collect alone: the equitable remuneration paid by radio stations and public venues that play recorded music (Article L.214-1 of the Intellectual Property Code), or the private copying levy charged on storage media (Article L.311-1).
Who is the producer?
The law defines the phonogram producer as the person who takes the initiative and responsibility for the first fixation of a sequence of sounds (Article L.213-1). That is not necessarily the studio: if you pay for the sessions and decide what is recorded, it is you.
To avoid any doubt, our terms of sale provide that the producer's rights in recordings made at the studio are assigned to the client in writing once payment is complete. The studio claims no rights in your works or performances.
Common pitfalls
- Not writing down the split: when several people write a song, record in black and white who did what, and in what proportions, before release. A simple document signed by everyone (often called a "split sheet") prevents many disputes.
- Forgetting guest musicians: a musician playing on your track is a performer. Their permission to use the recording must be in writing and their fee agreed.
- Using a sample without permission: an excerpt of an existing recording requires the consent of that recording's producer and of the rights holders in the work.
- Confusing registration with protection: authors' rights arise from creation, without formalities. Joining SACEM lets you collect royalties; it does not "protect" the work. Keeping dated evidence of your creations is still useful.
Should you join?
Membership of these bodies is voluntary and each sets its own admission conditions, which change over time. If your tracks are played (radio, concerts, streaming), joining lets you collect royalties that would otherwise remain pending or never reach you. Up-to-date information is on each body's website.
What about artificial intelligence?
Your voice and your performance belong to you. At the studio we never use your recordings to train an artificial intelligence system or to clone a voice without your separate written consent. If a partner proposes such a use, read the contract carefully: the assignment must be precise about its purpose, duration and payment.
