Creations and entertainment

Production companies, publishers, content creation companies

Creating a work of art is a complex process, sometimes requiring a major investment in terms of human, material and financial resources.

To reward these investors, French law grants them neighboring rights to enable them to retain control over the outcome of their investments.

To achieve this, the creation must meet several conditions, depending on the type of work and the type of protection (phonogram producers' rights, videogram protectors' rights, etc.).

MOSAIK will work with you to ensure that the investments you make will enable your company to benefit from these prerogatives.

But these rights alone do not permit the exploitation of a work in principle.

Authorization must alsobe obtained from the various authors, in compliance with the specific formalities of the French Intellectual Property Code.

These authorizations take the form of contracts for the transfer of rights, or user licenses, which must comply with the precise formalities imposed by the French Intellectual Property Code.

These contracts must be in writing, and must specifically mention each mode of exploitation. Some contracts may require a separate written document (e.g.: contract for audiovisual adaptation of a musical work).

The firm ensures that the contracts signed are in line with the agreed economic balance, and comply with the obligations imposed by the French Intellectual Property Code.

This is a crucial stage, since failure to comply with the required formalities may result in the outright annulment of the agreement, at the request of the aggrieved author, forcing the company to renegotiate it or have unrealistic terms and conditions imposed on it by a judge.

In addition to the formalities involved, these contracts can be particularly complex due to the variety of operating methods involved.

But also because of the way in which remuneration methods are set:

  • Flat-rate remuneration
  • Proportional remuneration on a gross basis
  • Proportional remuneration on a net basis (e.g. RNPP - Recettes Nettes Part Producteur)
  • Stamp

However, these steps are necessary, particularly with regard to the eviction warranty, before negotiating any commitments allowing the exploitation of a work through :

  • Sub-publishing agreements
  • Distribution agreements
  • Broadcast agreement
  • Operating agreement

These measures must sometimes be accompanied by approaches to the various collective management societies for authors, publishers and producers in order to maximize revenues:

  • Society of Authors in the Graphic and Plastic Arts (ADAGP)
  • French Center for the Exploitation of Copyrights (CFC)
  • Society of Authors of Visual Arts and Still Images (SAIF)
  • Society of Dramatic Authors and Composers (SACD)
  • Society of Multimedia Authors (SCAM)
  • French Society for the Interests of Authors of the Written Word (SOFIA)
  • Société civile des éditeurs de langue française (SCELF)
  • 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)
  • SESAM, the common service for managing multimedia authors' rights
  • Society of Game Authors (SAJE)
  • Société des arts visuels associés (AVA)
  • 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)
  • National Audiovisual Works Management Agency (ANGOA)
  • Society of phonographic producers (SCPP)
  • French Society of Phonogram Producers (SPPF)
  • Société civile des producteurs associés (SCPA)
  • Society of Film and Television Producers (PROCIREP)
  • Society for the Collection of Equitable Remuneration (SPRE)
  • Copy-France
  • Society of Authors, Directors and Producers (ARP)

And in the event that third parties do not respect your rights, you will have to take all necessary measures to put an end to these infringements, known as acts of counterfeiting (formal notice, seizure for counterfeiting, summons, summons for a fixed date, summons for summary proceedings, summons for summary proceedings from hour to hour/at specified time, criminal complaint, complaint with civil action, criminal investigation follow-up/judicial information, direct summons).