The agreement of February 13rd, 1995 concluded between the , the and the governs the uses of extracts of preexistent musical works in televisual and/or radiophonic publicity for the sound records or videograms including works in question.
It distinguishes 3 categories of use:
1 - In the case of a publicity of a sound record or videogram not including that the works interpreted by the same interpreter: the prior approval of the editor is famous data gracefully without the producer having to formulate any asks. (Article 1.a)
2 - In the case of a publicity for sound record or videogram including of the works interpreted by different interpreters: the producer does not have to ask for prior approval but must pay with the editor a lump sum (which was fixed at 700 F HT in the agreement of 1995, revalorized with 130 € HT in the endorsement of February 8th, 2005). (Article 1. b)
3 - In the case of a publicity associated with a sponsor (other that a firm of audio-visual or radiophonic communication) or in the event of publicity for a mark with sound record, videograms or other services or product: the producer must negotiate beforehand with the editor the licensing requirements of the use of preexistent work. (Article 1.c)
An endorsement of February 8th, 1995 amends the procedure of statement and payment to the charge of the producers, which is from now on the following one:
1. Sending by the members of the concerned in the month following the end of each six-month period of the financial year to each editor concerned of a statement recapitulating works of the catalog of this editor used during the six-month period under the conditions aimed to article 1 a) and b) of the agreement of February 13rd, 1995.
2. In the absence of knowledge of the editor or the under-editor, these statements will be centralized with the which will twice a year transmit them to the in the form of digital files.
3. The statement will have to understand, for each publicity, following information:
The lump sum which had by the producer of sound record or videogram for each use of a musical work under the conditions of article 1 b) of the agreement of February 13rd, 1995 was carried to 130 € HT by work. The members of the committed themselves regulating the sum due to the editor under the uses aimed in the statement in the two months of the reception of the invoice of the editor.
You can download in attachment the text of the agreement of 1995 and its endorsement.