Recording techniques developed at the end of the 1920s triggered an increase in the use of recorded music.
From the start of the 1950s onwards, the use of recorded performances in a vast number of establishments began replacing live performances by musicians, thereby jeopardising their profession.
Founded in 1959 by five musical performers, SPEDIDAM (Society for the Collection and Distribution of Royalties for Performing Artists) enabled them to exercise control over the secondary uses of their recorded performances and to receive additional remuneration for such uses (recordings broadcast in shows, recordings used for film soundtracks, etc.).
Thus, SPEDIDAM worked for the recognition of performers’ rights (droit de l’interprète), similar to those granted to authors two centuries earlier by the French Revolution.
Case law recognised these rights very early, enabling SPEDIDAM to collect and distribute remuneration to performing artists.
The Law of 1985, unanimously adopted by the National Assembly and the Senate, codified in 1992 in the Intellectual Property Code, confirmed this principle and instituted the ‘neighbouring’ rights, so called because of their proximity to author’s rights.
In the area of record production, a collective agreement was concluded in 1969 with the phonographic industry, confirming the principle that obtaining licences from performers was necessary prior to any secondary use of their recorded performance. This agreement was denounced in 1994 by the recording industry which, since then, has never ceased trying to obtain overall assignments of rights from performers, regardless of the principles applicable to collective management of these rights by SPEDIDAM.
Several European directives have reinforced these rights, the latest being the directive of 22 May 2001. Unfortunately, a certain number of provisions in these directives concerning performing rights are not enforced in France, those guaranteeing remuneration for artists in particular.
The Law of 1 August 2006, purporting to transpose the European directive of 22 May 2001, reinforced the repression of exchanges on the Internet without, however, improving the situation for performing rights.
The emergence of new digital media and the growth of the Internet has put the issues relating to intellectual property rights back into perspective.
Regarding exclusive rights, it is a time of new confrontations with the recording industry. In the face of a crisis in carriers sales that they neither managed to foresee, or prepare for, multinational companies controlling most of the record market are trying to acquire a monopoly of the music industry once and for all.
Commercial download sites have been created, quite late and with some reluctance, by an industry that did everything that it can to avoid the presence of music on the Internet, and that has taken a long time to provide a credible offer to the public, by multiplying technical obstacles through intrusive anti-copying devices and incompatibilities that are incomprehensible to the general public and by practicing obscure unrealistic pricing policies.
Maria DE ROSSI
President : François NOWAK
Vice-president : Laurence PONS
Vice-president : Jean-Claude CASADESUS
Vice-president : Richard GALLIANO
Treasurer : Rémi BREY
Deputy treasurer : Claude CHAUVET
Chief Financial Officer – Manager
International and Legal Affairs Director
Culture and Communications Director
Contracts and Litigation Director
Xavier LE HIR
On October 17, 2016, SPEDIDAM and ADAMI signed a major agreement drawing the two organisations closer, and gradually entrusting SAI with new missions to reinforce the rights of all performers and anticipate the international evolution of these rights.
The agreement provides for the creation of a joint entity at the center of which the SAI, “Société des Artistes Interprètes”, owned by the two societies, is gradually entrusted with new missions of collection, distribution and payment of their rights to artists.ADAMI-SPEDIDAM agreement PDF