Music
Musical creation is a demanding process, which may require significant investment, both in terms of human resources and in terms of equipment and financial resources.
In addition to the advice and rules applicable to works and content producers, specific rules and standard practices apply to this sector which must be known and fully understood (for example: advances adjustable through a SACEM assignment of receivable.
MOSAIK shall assist you in order to protect and negotiate to best protect your interests.
Accordingly, we propose assistance in the drafting, review and negotiation of all agreements in this sector, such as:
- Assignment of rights agreement
- Assignment of bands / masters / producer neighborhood rights agreements
- Group agreements
- Editorial preference agreements
- Assignment of audiovisual adaptation rights agreements
- Sub-edition agreements
- Agent / manager agreements
- Catalogue administrative management agreements
- Distribution agreements
- Synchronization agreements
These agreements shall be subject to very specific clauses, such as:
- Clauses relating to advances (adjustable or not / recoverable or not): these clauses correspond, in particular, to the amounts advanced by the producers/editors and paid back to the author. These amounts are often reimbursed by a SACEM assignment of receivables or a direct debit of the amounts due to the author until complete reconciliation of the advance.
- Clauses relating to a verification of accounts: these clauses correspond to the terms of the works. In particular, they enable it to be verified that the amounts paid are correct and also to identify the most profitable distribution channels. In more practical terms, these clauses enable it to be verified that the assigns duly exploit the works in accordance with the agreements concluded.
In the music sector, the bodies competent in France are as follows:
- Society of composer authors and music editors (SACEM)
- Society for the administration of authors’ right of mechanical reproduction, composers and editors (SDRM)
- Society of music authors and editors (SEAM)
- Civil society for the administration of artists and musical performers (ADAMI)
- Society for the perception and distribution of artists-performers’ rights (SPEDIDAM)
- Artists-performers’ society (SAI)
- Civil society of phonographic producers (SCPP)
- Civil society of phonogram producers in France (SPPF)
- Civil society of associated producers (SCPA)
- Society for the perception of equitable remuneration (SPRE)
- Copy-France
- Formal notice: instrument intending to confirm a situation and, in particular, request measures such as indemnification of a prejudice, cessation of a practice or the communication of a document
- Summons to accomplish or communicate: pre-litigation instrument used to require documents or the accomplishment of deeds
- Bailiff report: instrument used to establish a situation at a given time, to constitute the substantive and almost uncontestable evidence of unlawful actions.
- Confiscation of works infringing copyright: judicial deed authorizing the seizure of different items in order to constitute evidence with a view to subsequent litigation
- Senior President Petition: judicial deed used to request extraordinary measures from the President of a jurisdiction, such as, for example, a hearing at an earlier date
- Petition in order to be authorized to use protective measures: judicial deed authorizing the implementation of measures for the recovery of a receivable (for example: mortgage, pledge of a business, interlocutory seizure of funds on a bank account, etc.)
- Court summons: instrument for the initiation of litigation before a civil court
- Submissions in response: deed summarizing the grounds in fact and in law and the Party’s claims.
- Payment order / accomplishment order: simplified procedure in order to obtain the payment of an amount or the accomplishment of various actions.