DVD Production

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. 

This authorization concerns an occasional work by work production (DVD and/or VHS) and covers the sale and the free distribution for privat use.

The producer must communicate, beforehand, a list with all the works he would like to reproduce.

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”

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

This fee concerns all occasional productions of a DVD and covers the free distributions and sales for private use.

21a Barème OPO DVD PROGRAMME TÉLÉVISION

21b Barème OPO DVD MUSICAUX  HUMOUR

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.

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.

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.

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.

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.