Creations and entertainment

Music

Musical creation is a demanding process, sometimes requiring significant investment in terms of human, material and financial resources.

In addition to the advice and rules applicable to works and content producers, the sector is governed by specific rules and practices that need to be understood and understood perfectly (e.g.: advances that can be recouped through an assignment of SACEM receivables).

MOSAIK works with you to protect and negotiate your best interests.

We can assist you in drafting, reviewing and negotiating all contracts in this field, such as :

  • Rights assignment contract
  • Transfer contracts for tapes/masters/producer neighboring rights
  • Group contract
  • Editorial preference contract
  • Audiovisual adaptation rights assignment contract
  • Sub-publishing contract
  • Agent / manager contract
  • Catalog administration contract
  • Distribution agreement
  • Synchronization contract

We can assist you in drafting, reviewing and negotiating all contracts in this field, such as :

  • Clauses relating to advances (reconcilable or not / recoverable or not): these clauses correspond in particular to amounts advanced by producers / publishers and repaid to the author. These amounts are often reimbursed by means of assignment of SACEM receivables or direct deduction of sums due to the author until the advance is fully recovered.
  • Accountability clauses: these correspond to the terms and conditions of the works. In particular, they enable us to check that the amounts paid are correct, and also to see which distribution channels are profitable. In concrete terms, these clauses make it possible to verify that the rights holder is correctly exploiting the works in accordance with the contracts entered into.
In addition to negotiation, MOSAIK can also help you manage your relations with collecting societies, the key bodies for managing your authors' rights.

In the field of music, the competent bodies in France are :

  • Society of Composers, Authors and Music Publishers (SACEM)
  • Society for the administration of mechanical reproduction rights of authors, composers and publishers (SDRM)
  • Society of Authors and Music Publishers (SEAM)
  • Civil Society for the Administration of Performing Artists' and Musicians' Rights (ADAMI)
  • Society for the Collection and Distribution of Performing Artists' Rights (SPEDIDAM)
  • Society of Performing Artists (SAI)
  • Society of phonographic producers (SCPP)
  • French Society of Phonogram Producers (SPPF)
  • Société civile des producteurs associés (SCPA)
  • Society for the Collection of Equitable Remuneration (SPRE)
  • Copy-France
And in the event of an infringement of your rights or a claim by a third party, the firm can assist you with various legal acts
  • Mise en demeure (formal notice): a pre-litigation act designed to record a situation and, in particular, to request measures such as compensation for damage, cessation of behavior or communication of a document.
  • Sommation de faire ou de communiquer (summons to do or communicate): pre-litigation act aimed at demanding documents or the performance of acts.
  • Constat d'huissier (bailiff's affidavit): an act designed to freeze a situation at a given moment and to provide quasi-incontestable material proof of unlawful acts.
  • Seizure for counterfeiting: judicial act authorizing the seizure of various objects for the purpose of gathering evidence for future litigation.
  • Requête Premier Président: judicial act aimed at requesting extraordinary measures from the President of a court, such as an early hearing.
  • Request for authorization to take precautionary measures: judicial act authorizing the implementation of measures to ensure the recovery of a debt (e.g. mortgage, pledge of a business, precautionary seizure of funds in a bank account, etc.).
  • Summons: act initiating litigation before a civil court
  • Submissions in reply: document summarizing a party's arguments of fact and law, as well as its claims.
  • Injonction de payer / injonction de faire: simplified procedure to obtain payment of a sum or performance of various acts.