FAQ for professionals

La captation de spectacles

Can an artistic team be compelled to allow a recording to be made?

No.
The recording must be covered by a copyright assignment agreement with all the play’s authors and a neighbouring rights assignment agreement with all the performers.
 

How do you draw up a contract for a recording with the choreographers?

The recording and broadcast of a choreographic work require written consent from the choreographer regarding the use of their work and their remuneration, via a separate contract that includes mandatory clauses.

Further information: CND practical guide – Assignment of copyright in choreographic works
 

How should a recording agreement be drawn up with performing artists?

The recording and broadcast of a choreographic work require the performing artist’s written consent regarding the use of their performance and their remuneration, either through a clause in their employment contract or via a separate contract.

How should artists be paid for rehearsals and performances that are recorded?

The amount of remuneration for a recording is not covered by collective agreements. However, rehearsals and performances that are recorded may warrant a higher rate of pay. In all cases, a recording requires a contract for the transfer of neighbouring rights.

Do recorded performances or rehearsals require artists to be paid twice?

No, the ‘double fee’ is by no means compulsory. This practice relates to the standard contracts recommended by Adami when applying for financial assistance from the organisation.
The transfer of neighbouring rights for the fixation and reproduction of a performance may be made free of charge if this is specified unequivocally in writing.

Does the change in the method of performance (from a live performance in front of an audience to a pre-recorded performance due to government restrictions) require an amendment to the performance licence agreement?

Yes, an amendment setting out the new methods of performance must be drawn up between the company and the venue.

What is the difference between the right to one’s own image and neighbouring rights?

The right to one’s own image is a right linked to the right to privacy (everyone is protected in this respect), whilst neighbouring rights protect artists’ performances in the course of their professional activities.

What form does remuneration for neighbouring rights take?

This remuneration for neighbouring rights will take the form of either royalties or wages subject to social security contributions.
Further information: CN D practical guide: Neighbouring rights of performers