The author remains the author
Under French law, the composer is the author of the music they create, even when it is written at your request and for payment. Simply commissioning and paying does not automatically transfer exploitation rights. The Intellectual Property Code states that the existence of a commission contract does not derogate from the author's enjoyment of their rights.
The author also holds moral rights, which cannot be assigned: notably the right to respect for the work and for their name. In practice this means the music cannot be distorted, and crediting the composer can be provided for in the credits.
A precise written assignment
To exploit the music you need an assignment of the economic rights. Article L.131-3 of the Intellectual Property Code requires each right assigned to be mentioned separately in the deed, and the field of exploitation to be defined in terms of scope, purpose, place and duration.
In concrete terms, the contract must say which rights are assigned (reproduction, performance, adaptation), for which uses (TV spot, social media, trade show), in which countries and for how long. A general clause such as "all rights, all media, worldwide, forever" is fragile: in a dispute it is likely to be interpreted restrictively, in the author's favour.
Remuneration
The principle, set by Article L.131-4, is remuneration proportional to the revenue from exploitation. The law allows a flat fee in certain cases, for instance when the basis for calculating a proportional share cannot practically be determined, or when the use of the work is only incidental to the object being exploited.
In practice, for music commissioned for picture, a flat commission fee paying for the composition work is often combined with performance royalties collected through collective management when the composer is a member.
The special case of advertising
For commissioned works used for advertising, Article L.132-31 provides a specific regime. The contract between the producer and the author entails assignment of the exploitation rights to the producer, provided it specifies the separate remuneration due for each mode of exploitation, depending in particular on the geographical area, the duration of exploitation, the size of the print run and the nature of the medium.
That is why a quote for advertising music always asks for this information: TV or web, France or Europe, three months or a year. It determines the price and the contents of the contract. If the campaign is extended, an amendment sets the additional remuneration.
SACEM and collective management
If the composer is a member of SACEM, the French collecting society, they have contributed their public performance and mechanical reproduction rights to it. The music must then be registered, and broadcasters (channels, platforms, public venues) pay SACEM under their blanket licences. The assignment you sign with the composer covers the other rights, such as adaptation or synchronisation with picture.
This is not an obstacle, but you need to know it from the start. For a film shown only internally within a company, other solutions exist; discuss it with the composer when quoting.
The recording and the performers
Two other rights coexist with the composer's. The producer of the recording, meaning the person who takes the initiative and responsibility for the first fixation of the sound, holds their own rights under Article L.213-1. In our quotes, those rights pass to you once the service is paid.
The musicians and singers who perform the music are performers: under Article L.212-3, their written authorisation is required to fix their performance and exploit it. If additional musicians take part, a contract must specify the permitted uses and their remuneration.
Key points
- Paying for a commission does not transfer rights: a written assignment is needed.
- Each right assigned is mentioned separately, with its scope, purpose, place and duration.
- Advertising follows a specific regime: remuneration for each mode of exploitation.
- If the composer is a SACEM member, broadcasting goes through collective management.
- The producer's and performers' rights add to the author's.
This article is general information and is not legal advice. For an important project, have the contract reviewed by a lawyer specialising in intellectual property.
