Creation and entertainment

Production company, editors, content creation companies

The creation of a work is a complex process which may require significant investment in terms of human resources and material and financial resources.

To compensate these investors, the French law grants them neighborhood rights in order to enable them to continue to control the result of their investments.

Accordingly, the creation must respect several conditions, depending on the type of work and the type of protection (phonogram producers’ rights, videogram protectors’ rights, etc.).

MOSAIK shall assist you in order to ensure that the investments made shall enable your company to have these prerogatives.

Yet, in principle, these rights alone may not enable the exploitation of a work.

The authorization must also be obtained from the different authors, which must respect the specific formalities of the Intellectual Property Code.

These authorizations are established and formalized in assignment of rights agreements or user license agreements which must respect specific formalities provided for in the Intellectual Property Code.

These agreements must be in writing and in particular, must mention in detail each exploitation method. Some exploitation methods shall require a separate written document (for example: audiovisual adaptation agreement of a musical work).

Accordingly, the firm shall ensure that the agreements signed are compliant with the agreed economic equilibrium, and respect the obligations stipulated in the Intellectual Property Code.

This stage is paramount, as the non-respect of the stipulated formalities may result in the annulment of the agreement, upon the prejudiced author’s request, thereby obliging the company to renegotiate the agreement or to be obliged to adhere to unrealistic terms set by the court.

But also due to the different possible remuneration methods:

  • Flat-rate remuneration
  • Proportional remuneration based on a gross amount
  • Proportional remuneration based on a net amount (for example: RNPP – Producer’s Share of Net Revenues)
  • Talent fees

However, these stages are necessary, in particular, for the warranty of title, prior to negotiating any commitments for the exploitation of a work, through:

  • Sub-edition agreements
  • Distribution agreements
  • Dissemination agreements
  • Exploitation agreements

These measures may need to be accompanied by procedures with different copyright collective management companies, editors and producers in order to maximize the revenues:

  • Society of authors in graphic and plastic arts (ADAGP)
  • French center for the exploitation of the right to copy (CFC)
  • Society of visual arts and fixed image authors (SAIF)
  • Company of authors and dramatic composers (SACD)
  • Civil society of multimedia authors (SCAM)
  • French society for the interests of authors of written works (SOFIA)
  • Civil society of editors of the French language (SCELF)
  • 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)
  • Joint office managing the rights of multimedia authors (SESAM)
  • Society of games designers (SAJE)
  • Society of associated visual arts (AVA)
  • 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)
  • National Agency for the Management of Audiovisual Works (ANGOA)
  • Civil society of phonographic producers (SCPP)
  • Civil society of phonogram producers in France (SPPF)
  • Civil society of associated producers (SCPA)
  • Society of cinema and television producers (PROCIREP)
  • Society for the perception of equitable remuneration (SPRE)
  • Copy-France
  • Civil society of authors, directors and producers (ARP)

And, in the event whereby third parties were to fail to respect your rights, any measures should be implemented to cease such violations, called acts of infringement (formal notice, confiscation of works infringing copyright, summons, fixed-date motion, interim motion, urgent/fixed-time motion appear before the court at an hour’s notice, criminal complaint, criminal complaint with joinder concurrently with a party claiming civil damages, follow-up of a criminal investigation / preliminary inquiry, direct summons).