Diffuseur
The possibilities of diffusion of the musical works presented on the site music-park.org described here, concern only the places where the French law applies. To broadcast the musical works present on the site music-park.org in another country please contact us .
By opening a Broadcaster account on the Music Park association's website (non-profit-making french law 1901) you become a member of the association (provided that you pay the membership fee (1)) and therefore not only adhere to the objectives of the association, but you also enter an organization that provides you with the possibility to broadcast the musical works of the association's Artist members. More concretely, you can choose on the music-park.org website the music you like and play it in a restaurant, a bar, a shop, a sports hall, etc., to sum up a public space whether it is commercial or not, whether it is temporary or permanent or whether it is during an association evening or the organization of a commercial party, fair, etc.... And you will not have to pay any royalties on copyright (SACEM) or neighbouring rights (SPRE).
In order for artists (authors, composers, performers) who are members of Music Park to give you permission to broadcast (2) their works without you having to pay royalties on copyright (the rights of authors and/or composers) and neighbouring rights (the rights of performers), artists who have joined Music Park have not deposited their works in the repertoire of a copyright management society (such as SACEM), in other words, they have not joined such a body, whether in France or abroad (SABAM Belgium, GEMA Germany, SGAE Spain, SIAE Italy, etc.), nor have they published their works "for commercial purposes". In fact, as far as copyright is concerned, if they join a (private) copyright management company, they cede the management of their economic copyright (economic, i.e. the rights that may allow them to claim, in certain circumstances, income). As a result, they can no longer authorize the dissemination of their works as they would like. They are no longer the managers of their economic rights and they can no longer compel the society that manages their rights to do as they wish (3). Then concerning neighbouring rights, so that the works broadcast are not subject to Article L214-1 of the (french) Intellectual Property Code and so that you do not have to pay royalties on neighbouring rights (the rights of performers) if the performers authorise you to broadcast recordings of the works they perform, the works they offer on the music-park.org website must not have been commercialised. In other words, they must not have put the recordings of their music on sale, whether in the form of a file or CD or otherwise, on an Internet platform or in a shop or any other place of sale.
However, do not confuse the fact that we are talking about recordings of musical works (on any medium), we are not talking about works, i.e. artists can quite easily sell themselves in concert playing these works. If you are a concert organizer, don't hesitate to take into consideration in the negotiation of a contract with an artist, the fact that you may not have to pay royalties at the concert you are organizing or negotiate royalties at a reasonable cost. The contract will then be without surprise, no copyright management organization (SACEM in this case) will be able to come after the event and ask you to pay a royalty (4). Think as an organizer that if you make such a negotiation it may be reasonable to pay part of the contract for the copyright if the artists play works of a person who is not a performer himself, thus receiving no income from the event as a performer (5). To do so, the author and/or composer must obviously not himself be a member of a copyright administration society, otherwise the organizer will obviously be obliged to pay a royalty.
In any case, you can see that this way of looking at copyright management offers greater flexibility, greater freedom and gives advantages which are not negligible. In this regard, to better understand all the mechanisms that govern the dissemination of music and copyright, you can consult the various articles on the site concerning these issues and do not hesitate to ask questions.
(1) Fee for membership of the association: in order to allow the development of the music-park.org project, the fee is waived for braodcaster members for this year 2020 and probably 2021. For the year 2022, if the association decides to ask for it that year, it will be fixed at 10 euros. However, as for many associations, receiving membership fees allows us to foresee a more rapid development. We therefore accept any contribution (as well as any donation) that could be paid before these possible deadlines.
(2) Authorization of diffusion : A written authorization of diffusion is provided to you by the association Music Park which itself obtained the authorization, of diffusion in a public space that it is in commercial environment or not, of the artists present on the site.
(3): Concerning the royalty on copyright that a shop owner should pay when he broadcasts your works, you can be sure that if an author/composer is a member of a rights management company (SACEM for example) and that he generates very little income from copyright, his chances of having a share on these rights are nil. Why is this? Quite simply because the shop owner will pay a flat fee without providing the SACEM with a list of the music he has broadcast, and even if he wants to do so, the SACEM will not take this into account. Thus, since the SACEM does not know who owns the royalties that the store owner has to pay for the music that has been broadcast, the SACEM will not pay these artists the royalties that are due to them. The revenues collected by SACEM will go to the authors who have a wide distribution, who are quoted on multiple mailing lists on the so-called historical TV and radio channels.
(4) To make sure that you do not have to pay anything when organizing a concert with an artist who is not a member of a copyright management society and who of course plays his own works, beyond the fact that it will be relevant to be able to give a list of the works played by the artist and a certificate from the artist that he has played his works and that he is not a member of a rights management society in France or abroad, (to SACEM when it tries to force you to pay royalties that sometimes exceed its rights), to avoid SACEM claiming royalties (for copyright and related rights) for the music you broadcast before or after the concert, ensure that you broadcast musical works whose copyright is managed in the same way as for the works proposed on the music-park site. org with, of course, the authorization to broadcast them in a public space in a commercial environment.
(5): This way of dealing with copyright also makes it possible to avoid SACEM's pre-emption for management fees, which is of the order of 15 to 20%.