Production of CD's - In music, anything is possible, if you respect authors' rights.
Producing a record, reproducing a work (or an extract) and put it onto an album, adapt, arrange, remix a piece, publish a compilation … In music, anything is possible, if you respect authors' rights.
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How to produce a record ?
Basic principles of phonogram production
Producing a record, reproducing a work (or an extract) and put it onto an album, adapt, arrange, remix a piece, publish a compilation … In music, everything is possible, under proviso of respect of the conditions.
Basically, before producing a CD, it is always necessary to ask the creator’s authorization to use his /her work.
The creator can also entrust third parties with the management, as the case may be, to SACEM (Society of Authors, Composers and Publishers of Music, the SACD (Society of Dramatic Authors and Composers) or the SCAM (Civil Society of Multimedia Authors).
The license is issued by a fourth society, the SDRM (Society for the Administration of Mechanical Reproduction Rights), designated by the other three to process applications and to perceive the rights or royalties, corresponding to these requests. Find below the procedure explained, step by step.
A CD is:
- The reproduction of a work onto a physical medium.
- SDRM licenses the mechanical reproduction of works from the repertoires it manages (SACEM, SACD, SCAM), sets the conditions for such licensing and collects & distributes the corresponding royalties.
Don’t forget the legal deposit at the CNA!
The mission of the National Audiovisual Centre is to assure the protection of the national audiovisual heritage through legal deposit of audiovisual documents, films, audio produced in Luxembourg, given to a public whatever may be their technical process of production, publishing or distribution, in accordance with the law of June 25th, 2004 on the reorganization of the cultural institutes of the State and the grand ducal regulation of November 6th, 2009 pertaining to the registration of the legal deposit.
For further information, please visit :
Steps to get a license to produce a record
License to produce a record
The authorization allows the producer to :
- Record, in their original form, of works from the repertoires SDRM manages ;
- Share, from a matrix or a mastering, a number of registered copies, and to broadcast these copies under its name, to the public
The main steps of applying:
- Notification containing the list of the works to the Sdrm
- Verification of that list by the Sdrm
- Payment
- Issuing the authorization
General provisions (SDRM)
1- You must fill in the list of works you wish to reproduce
Fill in our online licence request form.
An application for authorization Sdrm is a contract. The information indicated engages the producer’s responsibility. An incomplete authorization request cannot be taken into account and will be returned to the sender, which will further delay the process.
The document should include :
- Name and/or company name and address ;
- Contact details of the manufacturer and/or principal ;
- Contact details of the distributor, if the record is distributed by a third party;
- Album title
- A reference or catalogue number, assigned by the distributor ;
- Name of the principal interpreter, or the band;
- Media type (CD, cassette,…) ;
- In case of a CD box containing multiple CDs, it is important to fill out an authorization request for each one of them (CD 1 or A, 2 or B...) mentioning on each the title of the CD box;
Last but not least:
- The titles of the works to be reproduced, names and surnames of the authors, composers, arranger and adapters (a band should state the names and surnames of every single member);
- The duration of each works, indicating if it’s an excerpt or not
2.When receiving the application for authorization, the Sdrm checks that the works belong to the repertoires it represents (Sacem, Sacd, Scam) and will send an estimate for the licence to the producer, with the amount of royalties to pay
Special case :
In cases in which the works are represented neither by Sacem, nor by Sacd or by Scam, the form is sent back with, either the mention "Public domain" (DP), or with the mention "Owner at present unknown" (PAI) and therefore does not ask any fee.
3- The authorization will then be granted:
The producer receives one of the copies of the form, with the following reference " bon pour autorisation", accompanied by the right to print the logo of the Sdrm on the phonogram.You will receive confirmation of your licence by e-mail as soon as SDRM has received your payment. Subsequently, you will receive a paid debit note, in lieu of an invoice.
Good to know:
Please allow about ten days (non-contractual) between the request and the delivery of the authorization.
Authorization is non-exclusive and concerns only the mechanical reproduction rights of authors, composers and publishers or their assignees, as defined by the French Intellectual Property Code.
Fee to produce a record
Obligatory Legal Mentions needed to appear on the phonograms
The required statements that need to be on the phonograms are specified in paragraph 5 " general provisions " appearing on the back of the SDRM authorization request form.
Apart from the producers own legal mentions, the following information may appear on the record:
- The SDRM logo "facsimile", if all or part of the works registered works belongs to its repertoire
- The complete titles of all the works reproduced.
- The name of the composer, author, adapter of the text, arranger of the music (if the adaptation and/or arrangement is authorized).
- The indication: "Tout droit du producteur phonographique et du propriétaire de l'oeuvre enregistrée réservés. Sauf autorisation, la duplication, la location, le prêt, l'utilisation de ce disque (cette cassette) pour exécution publique et radiodiffusion sont interdits".
- The indication: "Interdit à la vente", if the phonogram is distributed free of charge.
- The reference or catalogue number : numerical or alphanumeric identification number you assign to the phonogram and which must appear on the sleeve or the record. It must be the same as the one the authorisation application for SDRM.
This information represents the licence regime of a “work by work” production. SDRM offers different contracts, depending on the situation.
Any questions?
SACEM (Society of Authors, Composers and Publishers of Music)
SACEM is a non-profit non-trading entity owned and managed by its members according to the business model of a cooperative.
To guarantee authors’ intellectual property rights over their works, SACEM collects and distributes royalties, thereby playing a crucial economic role to preserve musical creation.
SACD (Society of Authors and Composers of Dramatic Works)
The SACD’s missions and values
On behalf of and for authors, the SACD defends their rights and their liberties. It provides authors with support and assists them throughout their careers.
The SACD works alongside artists for the defense of human and democratic values:
- Freedom: This is the founding component of the creative act.
- Solidarity: The SACD reflects the solidarity of artists, united in their battles, their challenges and their fight to ensure access to culture for all.
- Diversity: Our wealth comes from our diversity. Fighting against discrimination and for the acceptance of others is in an artist’s DNA.
- Proximity: The SACD is committed to respecting authors’ values and being reactive and transparent. It listens attentively to authors’ problems and concerns in order to provide support and solutions.
Scam (Civil Society of Multimedia Authors)
La Scam comprises directors, authors of interviews and commentaries, writers, translators, journalists, video makers, photographers and illustrators. These creators form the documentary wealth of the audiovisual, radio and new media sectors. La Scam represents them in dealings with the lawmaker, producers and broadcasters. It negotiates their economic rights, collects and distributes their royalties, asserts their moral rights and defends their future interests.
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Producing a videogramme (DVD)
The reproduction of any work, requires the approval of its creator, which needs to be obtained by the producer himself.
Producing a videogramme (DVD)
The term videogram commonly applies to a physical object containing an audiovisual work, such as a videotape or DVD. A video clip, a movie (a work of fiction or a corporate film), a documentary, a filmed concert, show or one-man-show,… are all videograms.
The reproduction of any work, requires the approval of its creator, which needs to be obtained by the producer himself.
Steps to getting a license for the production of a DVD and/or VHS
Authorization "work by work"
This authorization concerns an occasional work by work production (DVD and/or VHS) and covers the sale and the free distribution for privat use.
Steps to take
The producer must communicate, beforehand, a list with all the works he would like to reproduce.
Please note that :
Incomplete forms or forms that incorrectly completed will be returned to you, which will delay the process.
On receipt of an application for authorization:
SDRM checks whether or not the works belong to the repertoire it represents and then sends a debit note to the producer, indicating the amount that was calculated based on the stated information on the application for authorization and the applicable tariff.
The authorization is non-exclusive and concerns only the mechanical reproduction rights of the authors, composers and publishers or of their legal successors, such as defined by the Code of the Intellectual property.
Only protected works, that belong to the repertoires administered by the Sdrm (Sacem, Scam, Sacd)are taken into account in calculating the royalties.
- Works belonging to the public domaine,
- Works that couldn’t be identified by the SDRM (aka "Propriétaire Actuellement Inconnu" -PAI)
- Or works that it doesn’t represent (in which case the application for authorization must be obtained directly by the producer), are not subject to any fee.
In these cases, the application for authorization is resend to the producer mentioning “Domaine Public” or “Propriétaire Actuellement Inconnu”
Payment
The producer must send proof that he/she paied the amount indicated on the debit note to the Sdrm.
In return, the authorization will then be delivered: the producer receives a copy of the application for authorization, completed by the following reference "Bon pour autorisation".
The producer can then proceed or give the order to the manufacturer to proceed to the pressing or to the duplication of the media for the quantities as indicated on the form.
Contact : Daniel Fastro daniel.fastro@sacemlux.lu
Getting a licence to produce a DVD
Producing a record, reproducing a work (or an extract) and put it onto an album, adapt, arrange, remix a piece, publish a compilation … In music, everything is possible, under proviso of respect of the conditions.
For further information on this subject, please read the basic principles.
It is now possible to apply for mechanical reproduction authorization (phonogram / videogram) by filling out the online form.
Please note, the request for a mechanical reproduction authorization is a contract. Consequently, any element indicated engages the responsibility of the signatory. Thus, it is mandatory to read and accept the general conditions relating to the mechanical reproduction authorization.
Any request for incomplete authorization cannot be taken into account. It is recalled that cases marked with an * are compulsory.
N.B.: If you wish to reproduce a double CD, box set, etc., please fill in an individual form for each CD!
Fee for authorizing the "work by work" production
This fee concerns all occasional productions of a DVD and covers the free distributions and sales for private use.
Sale and free distribution in the traditional markets
The royalty rate is determined by combination of several criteria:
Genre :
- Musical DVD (filmed concerts or shows)
- “other” DVDs (documentaries, fiction, news stories, television programmes,…).
1. Musical DVD or comedy
The applicable rates are the following:
- 6,50 % of the wholesale price or the retail price
- 1,625 % for the director ‘s rights
calculated pro rata temporis of the duration of the reproduced protected works in relation to the total duration of the videogram.
Basis for charges :
The above-mentioned rate applies to the wholesale price or retail price multiplied by the total number of works produced.
In the case of free distribution or if the price stated by the producer is less than:
- 7,84 € for the DVD
these amounts serve as basis on which the royalties are calculated.
2. DVD Documentary/Fiction/ News Stories
The applicable rates are the following:
- 5,40 % for musical works
- 0,40 % for dubbings and sub-titling
calculated pro rata temporis of the duration of the reproduced protected works in relation to the total duration of the videogram.
The applicable rates are the following:
- 3 % (for 1 to 10.000 copies)
- 6 % (starting from 10.001 copies)
- 0,24 % (for dubbing, sub-titling and translation)
Rates for works belonging to the SACD repertoire.
Basis for charges :
The above-mentioned rate applies to the wholesale price or retail price multiplied by the total number of works produced.
In the case of free distribution or if the price stated by the producer is less than:
- 8,8421 € for the DVD
these amounts serve as basis on which the royalties are calculated.
Licensing conditions
Your licence is granted for reproduction rights for works in the context of the production of a DVD, Blu-Ray.
This licence does not concern, in particular, moral rights, subsidiary rights, such as arrangement, adaptation and translation rights, etc. Nor does it concern neighbouring rights.
You must be of legal age or the legal representative of a minor or a person under guardianship or curatorship.
Obligatory legal mentions to appear on a video
Whatever the content of the medium, its type of exploitation and the type of authorization issued, any videocassette or DVD must reproduce “compulsory information”, specified below, as well as in the general provisions of the application forms for authorization.
Their absence or incomplete nature may infringe the moral rights of the assigns and engage the responsibility of the producer.
In addition to the producer-specific information, the following information must appear:
1. On the medium and the jacket:
- the SDRM logo when all or part of the recorded works is managed by the latter (logo SDRM en .eps; logo SDRM en .jpg)
- the reference, that is to say, the digital or alphanumeric identification number assigned by the producer (it must be identical to that on the authorization request).
2. On the dust jacket :
- the full title of all works reproduced;
- the name of the director of the audiovisual work, the composer, the author, the text adapter, the music arranger (when adaptation and / or arrangement are authorized), if applicable the scriptwriter, the dialogist if necessary and the editor;
- the words “All rights of the video producer and the owner of the recorded work reserved. Unless authorized, duplication, [rental or sale as the case may be] lending, use of this videogram for public performance and broadcasting is prohibited ”;
- the words “Prohibited for sale” in the case of media distributed free of charge.
Obligations towards authors and composers
With regard to the authors and composers whose works you wish to reproduce?
In accordance with article L.112-4 of the Intellectual Property Code (CPI), you must, for the protected works reproduced, obtain the prior authorization of the author or his assigns. This authorization covers two rights:
1- The right to reproduce the musical performance.
The SDRM manages the reproduction right of the works of its member societies (SACD: dramatic works - SACEM: musical works - SCAM: works and television documentaries) for musical performance. A request for authorization must therefore be made to the SDRM under the conditions set out below.
2- The right to reproduce the text of the lyrics and / or the score of the work
This right belongs to the music publisher.
The SDRM may, in this regard, be mandated by certain music publishers to authorize or prohibit on their behalf the reproduction of the text of the lyrics and / or the musical score of the works in their catalog.
The producer of MIDI files must also apply the criteria defined in the "MIDI Producers' Charter", drawn up jointly by the French trade unions representing music publishers (CSDEM & CEMF) and the Syndicat des Producteurs de Phonogrammes Informatiques (SPPI). The charter is available on the site.
How to produce other media types?
If you cannot find the explanations / information you are looking for regarding the production of any media type, please do not hesitate to contact us, our team will be happy to give you more information and guide you through the steps.
For more information
please send us an email at
info@sacemlux.lu
Related Topics
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