FRANCE EXPORT HANDBOOK

Transcription

FRANCE EXPORT HANDBOOK
I. THE PHONOGRAPHIC MARKET ................................................................................................................ 3
1.
THE RECORD MARKET........................................................................................................................ 3
THE KEY FIGURES ............................................................................................................................... 4
1.1.1 Turnover and world-wide rank ............................................................................................... 4
1.1.2 Sales by medium, by format.................................................................................................... 4
1.1.3 The 2003 bestsellers –the certifications ................................................................................. 7
1.1.4 The genres: importance and market share............................................................................... 7
1.1.5 The export............................................................................................................................. 12
1.2
EUROPEAN REPERTOIRE SOLD IN FRANCE ................................................................................ 14
1.2.1 Principal successes ............................................................................................................... 14
1.2.2 Supply of European artists.................................................................................................... 15
1.3
THE NEW MEDIA................................................................................................................................ 19
1.3.1 Online music......................................................................................................................... 19
1.3.2 Mobile ringtones................................................................................................................... 21
1.1
2.
2.1
2.2
2.3
2.4
THE RECORD LABELS ........................................................................................................................ 22
General information ............................................................................................................................... 22
Major companies.................................................................................................................................... 22
Independent record labels ...................................................................................................................... 24
Trade fairs .............................................................................................................................................. 27
3.1
3.2
3.3
THE DISTRIBUTION............................................................................................................................. 27
Distributors ............................................................................................................................................ 28
Store chains............................................................................................................................................ 28
Importers............................................................................................................................................... 29
4.1
4.2
4.3
4.4
4.5
COPYRIGHTS......................................................................................................................................... 30
THE LEGAL FRAMEWORK ............................................................................................................... 31
AUTHORS AND PUBLISHERS .......................................................................................................... 35
COLLECTIVELY MANAGED COPYRIGHTS AND NEIGHBOURING RIGHTS .......................... 37
THE ORIGIN OF RIGHTS COLLECTED IN 2002 (SACEM / SDRM) .............................................. 38
SYNCHRONISATION.......................................................................................................................... 40
3.
4.
II. THE LIVE SCENE......................................................................................................................................... 44
1.
THE GEOGRAPHIC DISTRIBUTION OF LIVE SHOWS................................................................ 44
2.
CONCERT VENUES .............................................................................................................................. 45
3.
FESTIVALS ............................................................................................................................................. 46
4.
TICKET PRICES .................................................................................................................................... 48
5.
THE REPERTOIRES ............................................................................................................................. 48
6.
THE ARTISTIC AGENT, THE LIVE SHOW ENTREPRENEUR AND THE MANAGER ........... 49
7.
THE LEGAL FRAMEWORK: THE ARTIST, LABOUR LAW AND PRESUMPTION OF
EMPLOYMENT, EMPLOYMENT OF FOREIGN ARTISTS AND CONTRACTS........................ 52
7.1
LEGISLATIVE AND ADMINISTRATIVE ASPECTS........................................................................ 52
7.2
EMPLOYING A FOREIGN ARTIST IN FRANCE.............................................................................. 55
7.3
CONTRACTS........................................................................................................................................ 58
7.3.1 The contract of commitment of artists .................................................................................. 58
7.3.2 The contract of transfer of the exploitation rights of a performance..................................... 58
7.3.3 The contract of co-realisation ............................................................................................... 59
7.3.4. The contract of co-production ............................................................................................. 60
7.3.5. The contract of provision of services................................................................................... 60
France Export Handbook
1
8.
PROMOTION.......................................................................................................................................... 61
9.
NETWORKS............................................................................................................................................ 65
10.
THE UNIONS .......................................................................................................................................... 66
11.
CONTACTS FOR TOUR ORGANISATION IN FRANCE ................................................................ 66
III. MEDIA........................................................................................................................................................... 71
1.
1.1
1.2
1.3
PRESS....................................................................................................................................................... 71
General and specialised press................................................................................................................. 71
Press by musical genre and its circulation in number of copies ............................................................. 71
Cyber–press ........................................................................................................................................... 73
2.1
2.2
2.3
2.4
RADIO ...................................................................................................................................................... 73
The legal framework: quotas of diffusion (laws of 1986 and 2000) ...................................................... 74
Radiophonic landscape .......................................................................................................................... 75
Musical genres ....................................................................................................................................... 78
Rotation of titles and evolution of playlists, classifications ................................................................... 81
3.1
3.2
TELEVISION........................................................................................................................................... 82
Terrestrial television .............................................................................................................................. 82
Cable and satellite.................................................................................................................................. 85
2.
3.
4.
ADVERTISING INVESTMENTS.......................................................................................................... 88
IV. PROFESSIONAL AND INSTITUTIONAL ORGANISATIONS ............................................................. 90
1.
1.1.
1.2
1.3.
EXPORT HELPING ORGANISATIONS ............................................................................................. 90
THE FRENCH MUSIC EXPORT OFFICE .......................................................................................... 90
THE FRENCH ASSOCIATION FOR THE PROMOTION OF THE ARTS/AFAA............................. 93
FRANCOPHONY DIFFUSION............................................................................................................ 94
2
THE INTERVENTION OF THE STATE AND TERRITORIAL COMMUNITIES ............................ 95
2.1. The Ministry of Culture and the DRAC...................................................................................................... 95
2.2
LOCAL AUTHORITIES ....................................................................................................................... 96
3
PROFESSIONAL ORGANISATIONS AND CIVIL SOCIETIES.......................................................... 97
3.1. PROFESSIONAL ORGANISATIONS ................................................................................................. 97
3.2. CIVIL ORGANISATIONS.................................................................................................................... 99
3.2.1 Author organisations........................................................................................................... 101
3.2.2 Artist organisations............................................................................................................. 102
3.2.3 Producer organisations ....................................................................................................... 103
3.2.4 General interest................................................................................................................... 104
3.3
TRADE UNIONS ................................................................................................................................ 106
2
I. THE PHONOGRAPHIC MARKET
In 2003, France joined the principal countries affected by the record crisis where the
regression of turnover reached a two-digit rate. France recorded its strongest recession
of principal record markets in the first trimester of 2004 with a drop of 21.4% in
value. Even if, in the USA the sales figures in December were rather encouraging, the world
market is going through an unprecedented crisis: it lost one quarter of its value over the last
four years. The explosion of free music exchange (having doubled between 2002 and 2003)
can only lead to the strong deflation noticeable today. If up to 80% of music consumption is
free then the whole economy of a sector is threatened with consequences that could be
dramatic for the French music industry. However, tracks of recovery seem to be launched by
the Internet and payable downloading as well as by the fully booming market of mobile
ringtones.
1.
THE RECORD MARKET
YEAR 2002
YEAR 2003
EVOLUTION
TURNOVER (million euros)
1302
1112
-14.6%
Singles
133.6
100.8
-24.5%
Albums
1095.7
903.1
-17.6%
Video
53.3
91
+70.8%
SOLD COPIES (in millions)
171
151
-11.5%
Singles
39.3
30
-23.7%
Albums
125.7
111.2
-11.6%
Video
3.8
7.3
+88%
VENTILATION OF TURNOVER BY REPERTOIRE
Classical music
4.7%
4.5%
-0.2 point
French pop
59.1%
60%
+0.9 point
International pop
36.2%
35.5%
-0.7 point
[2.7%]
[3.3%]
[+ 0.6 point]
JAZZ
(already included in the French
and international pop categories)
Source: SNEP
3
1.1
THE KEY FIGURES
1.1.1
Turnover and world-wide rank
According to the IFPI (International Federation of the Phonographic Industry), France is the
4th largest market in the world in value in 2003 (after the USA, Japan and Great Britain)
with a retail turnover of 1,990 million dollars, representing 6.4% of world-wide sales. We
note that record sales have regressed by 14.6% (in value) compared to 2002, adding up to
1,302 billion euros in 2003. 116 million copies were sold which is a regression of -11.5% in
volume. Throughout the year, monthly turnover was, without exception, inferior to that of
2002 and 2001 which were, moreover, very good years with a constant increase in turnover.
The decline of the market in 2003 cancels six years of evolution representing an average
annual growth of 3%. In 2003, the record market in France is thus on a lower level than
in 1997.
1.1.2
Sales by medium, by format
I
n2003,t
her
e
t
a
i
lma
r
k
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ons
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d
copies with a turnover of 1.64 billion euros (inclusive of tax). Long playing formats (LPs)
represented three quarters of sold copies (73.6%) and 90% of turnover. With the exception
of the video, the decline of the market strikes all mediums and all genres.
Source: SNEP 2003
The singles market regressed by 24% in 2003. 30 million copies were sold in 2003
compared to 39.3 million sold copies in 2002. The market thus falls back to its 1996 level
4
with a 2003 turnover of 101 million euros. Facing the decline of the single, the number of
singles available in shops will strongly decrease in 2004. In 2003, the number of singles
marketed dropped by 16% compared to 2002. Only one single exceeded the threshold of
750,000 sold copies in 2003: DJ Bobowi
t
h“
Chi
hua
h
ua
”
.TheFr
e
nc
hs
i
ng
l
et
ha
ts
t
a
y
e
d
a
mongt
hebe
s
t
s
e
l
l
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r
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ort
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el
ong
e
s
tt
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e
k
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)i
sPr
i
s
c
i
l
l
a
’
s“
Tc
houkt
c
houkmus
i
c
”
.
Source: SNEP
The francophone singles (-16% in volume) withstand better than the international
singles (-36%). Thus they reach 67% of sales in short playing formats as opposed to 62% in
2002 and 2001.
Like in 2002, we count 7 francophone singles among the 10 bestsellers in the year 2003:
TRAGEDIE (Hey oh), DIS L'HEURE 2 ZOUK (Ma rivale, fiesta latina), CHIMENE BADI
(Entre nous), ALPHONSE BROWN (Le frunkp), LORIE (Sur un air latino), FLORENT
PAGNY (Ma liberté de penser) and DIAM'S (DJ).
The album market is also declining. In 2003, 111.2 million copies of albums were sold as
opposed to 125.7 in 2002. Album sales regress by 17.6% in value and by 11,6% in volume.
The total loss of audio turnover in 2003 adds up to 226 million (-18%): - 193 million euros,
which is 85% of the total loss for the albums and -33 million for the singles, which is 15%.
And yet the number of albums marketed has strongly progressed (+31%) compared to 2002.
5
The DVD overtakes the record
The music video market is marked by an explosion in DVD sales. In 2003, the wholesale
turnover of DVDs including all genres has risen to 1.2 billion euros excluding VAT,
overtaking the turnover of records. 13,000 titles were present on the French market in
2003 and more than 76 million DVDs were sold. This tendency can be observed throughout
Europe, as stated by the International Video Federation, which notes an increase of 20% in
the European market turnover. There has been a breathtaking increase in the supply since
1997, the consumption has followed. Today, thanks to a more attractive packaging than that
ofCD’
sa
ndbe
i
ngmuc
hmore difficult to download, the DVD has the wind astern and
offers new possibilities to labels. More precisely, the IFPI remarks that in 2003 France is the
4th market in the world in music video sales on DVD after Japan, the USA and Germany.
Music video sales progress by 88% in volume and by 71% in value. Embryonic in 2000,
the music video turnover represented 91 millions euros in 2003. Today, the turnover of this
market (91 million euros) nearly equals the singles market (101 million euros). The music
video sales in million copies increased by 88% between 2002 (3.8) and 2003 (7.3). As a
result, the sales performance of music in video format (+38 million euros in 2003 compared
to 2002) somewhat mitigates the effects of the deflation of sales in audio format (-226
million euros in 2003). The infatuation for music in video format, especially live DVDs, this
year, has been particularly visible over the period before Christmas.
Music video sales 2000
2001
2002
2003
In million copies ns
0.1
3.8
7.3
In million euros
2.1
53.3
91
0.9
Source: SNEP
6
1.1.3
The 2003 bestsellers –the certifications
In 2003, 340 titles were certified by the SNEP.
91 SINGLES
48 silver
> 125 000 copies
33 gold
> 250 000
9 platinum
> 500 000
1 diamond
> 750 000
249 ALBUMS
15 silver
> 50 000 copies
107 gold
> 100 000
72 double gold
> 200 000
34 platinum
> 300 000
12 double platinum
> 600 000
5 triple platinum
> 750 000
4 diamond
> 1 000 000
108 MUSIC VIDEOS
43 gold
> 10 000 copies
32 platinum
> 20 000
12 double platinum
> 40 000
10 triple platinum
> 60 000
11 diamond
> 100 000
1.1.4
The genres: importance and market share
In 2003, a morose year for the record industry, women set the tone by placing
themselves on the top of the charts: from the pop of Madonna and Nolwenn Leroy to the
R&B of Beyoncé, through the world music of Souad Massi and the jazzy touch of Norah
Jones. Unfortunately, the statistics do not always give a more detailed distribution by genre,
7
however, we can note the little growth of jazz (+0.4 point). The phenomenon of
compilations is losing momentum (-3.2 point). Electronic and urban music are also in
decline. On the other hand, the progression of local repertoires definitely counterbalances
the rather dull evolution of the market, especially if we refer to the growing of investments,
which since 1995 have not ceased to progress in favour of national production (513 million
Francs –78 million euros), half of which is devoted to young talents. The recipes for
success are the duets, live albums and TV reality show derivatives.
2002
2003
EVOLUTION
Genres
2001
Francophone pop
29.6% 33.8% 37.6% +8 points
International pop
17.5% 22.1% 25.9% +8.4 points
Compilations
22.3% 25.5% 19.1% -3.2 points
CLASSICAL
4%
Jazz
2.8% 2.6% 3.2% +0.4 point
Techno-jungle-house
3.7% 0.8% 0.4% -3.3 points
Rap-Hip-hop
3.4% 0.9% 0.3% -3.1 points
World-reggae
3.3% 2.3% 2.8% -0.5 point
Soul funk-R&B
3%
Original Movie Soundtracks
2.2% 1.7% 1.8% -0.4 point
Others
8.2% 6%
2003/2001
3.5% 4.1% -0.1 point
0.9% 0.3% -2.7 points
4.3% -3.9 points
Source: SNEP
Pop: The turnover of pop represented 144 million copies sold (-11.6%) for a turnover of
1,062 million euros (-14.4% which is 179 million less than in 2002). The loss of turnover
of this genre (-179 million euros) is ascribable up to 57% to francophone pop (-102 million
euros) against 43% to international pop (-77 million euros). The best resistance of the
francophone repertoire allows a new opening within pop sales: 62.9% of pop turnover in
2003, against 61.9% in 2002 and 62.2% in 2001. Lastly, we note that in two years
francophone pop gained 8 points and international pop 8.4 points to the detriment of
8
compilations (-3.2 points), techno/jungle/house (-3.3 points), rap/hip hop (-3.1 points) and
soul funk/R&B (-2.7 points) in particular.
National pop predominates, composing 37.6% of the market, as is shown by the 2003
distribution of turnover by musical genres. Generally speaking, in 1999 France became the
European country where the weight of local repertoires taking all genres together is
the strongest, positioning way before Great Britain. In 2003, the SNEP (National Union
of Phonographic Publications) notes a constant increase in this market, representing 60% in
value compared to 35.5% totalled up by international repertoires and 4.5% by classical
music.
Lastly, that year we count seven francophone artists among the ten best-selling albums
(against nine artists in 2002 as well as in 2001): FLORENT PAGNY (Ailleurs Land),
CARLA BRUNI (Quelqu'un m'a dit), KYO (Le chemin), CELINE DION (Une fille & 4
types), LES ENFOIRES (La foire aux enfoirés), CALOGERO (Calogéro) and HELENE
SEGARA (Humaine).
Let us also note that Carla Bruni (Quelqu'un m'a dit) and Indochine (Paradize) are the
longest running francophone albums (52 consecutive weeks) in 2003.
Florent Pagny is the only French artist to obtain a diamond record (1,000,000 albums
s
ol
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t
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so
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ur
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.Ca
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og
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r
obe
c
omes double
platinum (700,000 sold copies) with his self-titled album released in 2002. Lastly, the group
of the Enfoirés disposed of 750,000 copies of their live album. French chanson represented
by artists like M, Sanseverino, Bénabar or Fred, evolves rather well and promises nice
surprises for the year 2004.
Lastly, among the 100 best-selling albums in 2003 in France, 5 are productions emerging
from TV reality shows. Moreover, the second best-selling album of the national repertoire of
Uni
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reality shows have, however, dropped compared to the peak of sales reached in 2002.
International pop is represented by artists such as Norah Jones “
Comeawa
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,
Dido “
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, Shakira “
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20 best-selling albums in 2003. Among the longest running international albums we can find
Coldplay (A rush of blood to the head), Avril Lavigne (Let go) and Norah Jones (Come
9
away with me). This last one remained on the top of the album chart all summer with a total
of 1 million copies sold. Justin Timberlake was the most played artist on television in
2003. Accustomed to sales in the thousands, Céline Dion, Hélène Ségara and Dido sold
respectively 800.000 copies of their albums.
Rock remains the second musical trend (we even talk about an expected strong return),
after French and international pop, way ahead of rap and electronic music, as illustrated by
bands such as Placebo and Muse. The band Evanescence shows the success of the genre in
Fr
a
n
c
ewi
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op
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s
.
Finally, metal is experiencing a revival in France with the success of Limp Bizkits and
Deftones, among others.
More mainstream, Kyo is indisputably the rock discovery of the year 2003. Considerably
r
e
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r
de
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hel
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dNumber 1 in the general
television classification Muzicast of year 2003 (the annual classification of the most
frequently played videos on television) with 3571 diffusions. Moreover, his duet with the
Dutch Sita reached 22 in the classification of the 50 most frequently played videos in 2003
(source: Yacast).
Rock albums, however, often remain marginal on radio and TV networks and their sales
rarely exceed 15,000 copies. Apart from the press, Internet becomes the other media making
it possible for these productions to be heard. The ever dynamic scene (with the growth in its
own genre like ska-rock, illustrated in particular by La Ruda), also remains the strongest
means for making sales take off.
The classical repertoire is marked by a new decline. In 2003, sales of the classical
repertoire represented 4.5% of the total turnover in the music market, which is a light
erosion compared to 2002 (4.7%). The classical turnover represented 7.5 million sold copies
(-13%) with a turnover of 50 million euros (-17.5% in value, which is 10 million euros less
than in 2002).
Ac
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r
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ngt
ot
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c
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and an extraordinary vitality of its actors, French production is very fragile. The classical
music market has been in a constant decline for the last 15 years. The report deplores that
export sales are insufficient and that classical music is under-represented in on-line music
shops and in the medias, especially on television.
10
Tome
nt
i
ont
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nne
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opov
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h,J
e
a
nClaude Casadesus, Hélène Grimaud and Etienne Vatelot.
Jazz remains stable. The international market concentrates on female voices, the best
example being Norah Jones. Sales exceeding 10,000 copies remain exceptional, 3000
albums already representing a certain success. Certainly the new re-editions and casket
packaging sell faster than young talents. In France, the year 2003 was marked by the
Belmondo brothers and the Franck Avitabile New Trio who, moreover, were among the
wi
nne
r
soft
he“
Vi
c
t
oi
r
e
sduJ
a
z
z2004”a
wa
r
ds
.
Blues celebrates its 100th birthday in 2003 in the USA. In France, recording relative sales, it
is yet equally in the place of honour thanks to a series of albums and films dedicated to it.
Electronic music records a drop of 3.3 points in 2003 compared to 2001. This decrease
in sales is especially remarked within the majors. Artists produced by independent labels
reach their best results. These trendy products show the success of electronic music
combined with the world of fashion and advertising. Clubs and dancefloors are still and will
always be the number one promotional sites for the numerous electronic artists.
Rap is losing momentum in spite of the success of the American Eminem, (The Eminem
show), one of the longest running international albums in the top 50, and 50 Cent. This
genre loses 3.1 points. We can note, however, French success albums like MC Sol
aar
’
s
pl
a
t
i
num “
Ma
c
h6”
,I
AM’
sdoubl
eg
ol
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v
oi
runpr
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nt
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Br
utde
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et
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lg
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e
sofy
out
hbe
t
we
e
nt
hea
g
e
sof11
and 20 years, way ahead of techno, points out Médiamétrie in its 2003 study on the
behaviour of youth. Rap singles also sell better than pop singles.
World music affirms its presence in France, just like abroad, in particular with Cesaria
Evora and her records for e
xpor
t“
Vozd’
a
mor
”(
125,
000 a
l
bums
)a
nd “
Ant
hol
o
g
y
”
(141,000 albums), Susheela Raman or Noah. A series of new artists take over by crossing
traditional music and pop, rock or electro. The lifespan of their albums is much longer than
those of other genres thanks to their presence at numerous festivals and word of mouth
promotion.
11
The number of compilations including all genres almost did not evolve at all between
2002 and 2003. 365 different titles were classified in 2003 among the best record sales
against 360 in 2002. Thec
ompi
l
a
t
i
on“
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nf
i
ni
me
nt
”ofJ
a
c
que
sBr
e
la
c
hi
e
v
e
dthe best sales in
the compilation section of the year 2003.
The phenomenon of signing new artists is decreasing (- 29.7%) after a long period of
sustained growth. 64 new francophone artists were signed over the first half of 2003 and
more than a third of them were first signatures. It is exactly the same number as that noted
for the first half of 1998. Over the following years, the policy of signature was very constant
with a semi-annual average of 87 new signatures. Let us note that, the number of new
signatures remains higher than that of the returning contracts (47 for the first half of 2003).
22 of the 67 singles certified by the SNEP in 2003 are by new francophone talents.
Their share in the number of singles certified drops slightly with 33% against 38% in 2002.
1.1.5 The export
In 2002 French record companies, saved until then, faced the export crisis, which had
already reached the industry on an international scale. Export sales dropped by 16.9% (in
volume) between 2001 and 2002, going from nearly 40 million sold copies in 2001 to 33
million in 2002.
Following the exceptionally brilliant year of 2001, marked by the numerous extremely
strong releases perfectly adapted for export, the challenge was difficult to accept. French
record company export sales thus recorded an important drop which, on a strongly declining
international market, remains modest, especially thanks to the outstanding projects released
in 2001 whose sales went on in 2002 (Daft Punk, Manu Chao, Yann Tiersen, Cesaria Evora,
Lorie, Deep Forest, Anggun, Noir Désir).
The tendency for the year 2003 is equally downwards before the jump start in 2004 the
profession is hoping for, especially thanks to the new albums of internationally renowned
French artists (in particular Air, Jane Birkin, Patricia Kaas, Rachid Taha, Gotan Project
and Phoenix). Record companies will have to double their efforts and financial investments
to make foreign distributors interested in their artists.
12
In terms of geographic distribution, in spite of a drop in volume, Europe remains the
favourite continent for French music, the biggest success recorded in Belgium, Great
Britain and Germany.
Distribution of foreign sales by geographic zones in 2002:
Europe:
66.1% of sales
America:
17.5%
Asia:
10.5%
Oceania:
4.4%
Africa:
1.4%
Source: SNEP
Distribution of sales in Europe in 2002:
Great Britain:
21.5% of sales
Germany:
17.5%
Belgium:
26.9%
Netherlands:
11.1%
Italy:
11.8%
Spain:
11.2%
Source: SNEP
13
New 2003 releases sold for export (figures between 1st January 02 and 30th October 03):
In spite of this morose tendency, in 2003 France collected beautiful certifications to export
anyway. With the worldwide success of a film (Le Fabuleux Destin d’
Amé
l
i
ePou
l
a
i
n)a
nd
electro, French music is recognised abroad for its richness and its artistic quality. Whereas
Ca
r
l
aBr
uni
’
sa
l
bum s
ungi
nFr
e
nc
he
xpor
t
e
dhe
ra
br
oa
dwi
t
houta
ni
mpor
t
a
ntma
r
k
e
t
i
ng
campaign. The best-selling single for export in 2003 is One-T’
s“
Thema
g
i
ck
e
y
”
,c
l
a
s
s
i
f
i
e
d
as a silver single with 125,000 copies.
Ya
nnTi
e
r
s
e
n(
EMI
)
,“
LeFa
bul
e
uxDe
s
t
i
nd’
Amé
l
i
ePoul
a
i
n”(
900000a
l
bums
)
Er
a(
Un
i
v
e
r
s
a
l
)
,“
TheMa
s
s
”(
300000a
l
bums
)
Ca
r
l
aBr
uni(
Na
ï
v
e
)
,“
Que
l
qu’
unm’
adi
t
”(
300000a
l
bums
)
He
nr
iSa
l
v
a
dor(
EMI
)
,“
Cha
mbr
ea
v
e
cv
ue
”
(
200000a
l
bums
)
Na
t
a
s
haStPi
e
r(
Sony
)
,“
Del
’
a
mou
r
,l
emi
e
u
x”(
200000a
l
bums
)
Pa
t
r
i
c
i
aKa
a
s(
Sony
)
,“
Pi
a
noBa
r
”(
2000
00a
l
bums
)a
nd“
Se
xef
or
t
”(
100000a
l
bums
)
Ce
s
a
r
i
aEv
or
a(
BMG)
,“
Vozd’
a
mor
”(
125000a
l
bums
)a
nd“
Ant
hol
og
y
”(
141000a
l
bums
)
Di
v
e
r
s(
Cha
l
l
’
OMus
i
c
)
,“
BuddhaBa
rVol
ume2”(
200000a
l
bums
)
Di
v
e
r
s(
Ge
or
g
eV)
,“
BuddhaBa
rVol
ume4”(
10
0000a
l
bums
)
Di
v
e
r
s(
Ps
c
he
nt
)
,“
Hot
e
lCos
t
e
s5”(
100000a
l
bums
)
OST(
EMI
)
,“
Ta
xi3”(
50000a
l
bums
)
Source: SNEP
1.2
EUROPEAN REPERTOIRE SOLD IN FRANCE
1.2.1
Principal successes
The European repertoire in France varies from Greek world music artists to Scandinavian
jazz musicians through English pop.
We could generally say that northern countries export their rock/pop, jazz and electro to
France, where lyrics are mainly in English, while southern countries export world music and
pop and sing in their mother tongue. Great Britain, the 3rd biggest market worldwide and the
1st in Europe, is of course an exception, since it is considerably present in all genres and its
influence on France is as important as that of the United States.
14
1.2.2
Supply of European artists
The records of European artists who earned a certain success in France:
Germany: Schneider TM (elec.), To Rococo Rot (elec.), Eberhard Weber (jazz), DJ Hell
(elec.), Kraftwerk (elec.), Phantom & Ghost (elec.)
Austria: Sofa Surfers (elec.), Kruder & Dorfmeister (elec.), Dzihan & Kamien (elec.)
Belgium: K’
sCho
i
c
e(
r
oc
k
)
,dEUS(
r
oc
k
)
,Soulwax (rock), Arno (rock), Girls in Hawaii
(rock), Front 242 (elec.), Philip Catherine (jazz), Maurane (pop), An Pierlé (pop), David
Linx (jazz)
Denmark: Kashmir (rock), Lillë (elec.), Under Byen (pop), Junior Senior (rock), The
Raveonettes (rock)
Spain: Ojos de Brujo (world), Paco de Lucia (world), Vicente Amigo (world), La Oreja de
Van Gogh (pop), Estrella Morente (world), Ana Salazar (world), Carlos Nuñez (world), Luz
Casal (pop), José Padilla (elec.), Radio Tarifa (world), Amparanoïa (world/reggae)
Finland: Gjallarhorn (world), Värttinä (world), Redrama (rap), The Rasmus (rock), Pepe de
Luxe (electro)
Great Britain: Sophie Ellis Bextor (pop), Robbie Williams (pop), Sting (pop), Craig David
(R&B), Dido (pop), Elton John (pop), Stacey Kent (jazz), The Soulsavers (electro), Franz
Ferdinand (pop), Radiohead (pop), Coldplay (pop), Muse (rock), Depeche Mode (pop), The
Streets (hip hop)
Greece: Sakis Pouvas (pop), Eleftheria Arvanitaki (world), Notis Sfakianakis (world),
Angélique Ionatos (world)
Ireland: U2 (pop), Danú (world), Clannad (world), Afro Celt Sound System (world), The
Chieftains (world), Lunasa (world), The Corrs (pop),
15
Italy: Eros Ramazzotti (pop), Laura Pausini (pop), Gianmaria Testa (pop), Zucchero (pop),
Tiziana Ferro (pop), Pietra Montecorvino (pop), Umberto Tozzi (pop), Benny Benassi
(elec.), Flavio Boltro (jazz), Stefano Bollani (jazz), Stefano Di Battista (jazz), Enrico Rava
(jazz), Enrico Pieranunzi (jazz), Avion Travel (pop)
Norway: Mari Boine (world), Royksopp (elec.), King of Convenience (pop), JJ Johanson
(rock), Sondre Lerche (pop), Bugge Wesseltoft (jazz), Nils Petter Molvaer (jazz), Jon
Christensen (jazz), Madrugada (rock), Cato Salsa Experience (rock), Gluecifer (rock), Ralph
Myerz & the Jack Herren Band (electro), Arve Henriksen (jazz), Nils Petter Molvaer (jazz)
Netherlands: Caesar (rock), The Nits (pop), Soundsurfer (pop/rock), Textures (rock), King
Shiloh (reggae)
Portugal: Mariza (world), Misia (world), Cristina Branco (world), Dulce Pontes (world),
Bevinda (world), Joao Afonso (world), Maria Teresa (world)
Sweden: Backyard Babies (rock), Mando Diao (rock), Lisa Ekdahl (jazz), EST (jazz),
Nicolai Dunger (rock), The Cardigans (pop), The Hives (rock), Money Brothers (rock), The
Soundtrack of Our Lives (rock)
Classification of some European artists per level of sales in France:
Less than 5000 sold albums:
Under Byen (Dk, pop), Junior Senior (Dk, rock), The Raveonettes (Dk, rock), Cato Salsa
Experience (Nor, rock), Ralph Myerz & the Jack Herren Band (Nor, electro), Nicolai
Dunger (Sw, rock),
Ojos de Brujo (Sp, world), Pepe de Luxe (Fin, electro), The Soulsavers (GB, electro)
Between 5000 and 10 000 sold albums:
Gluecifer (Nor, rock),
The Soundtrack of Our Lives (Sw, rock)
Mariza (last album Fado Curvo) (Por, world),
Maria Teresa (Por, world)
16
Stacey Kent (GB, jazz)
Between 10 000 and 20 000 sold albums:
The Cardigans (Sw, pop), The Hives (Sw, rock),
Gianmaria Testa (It, pop)
Certified gold albums in 2002 and 2003 (SNEP):
Craig David Slicker than your average (GB)
David Bowie Reality & Heathen (GB)
Las Ketchup Hijas del tomate (Sp)
Morcheeba Fragments of freedom (GB)
Robbie Williams Live summer 2003 & Swing when you're winning (GB)
The Cardigans Gran turismo (Sw)
Benny Benassi Hypnotica (It)
Maurane Quand l'humain danse (Bel)
Sophie Ellis Bextor Read my lips (GB)
Sting Sacred love (GB)
Double gold 200 000:
Axelle Red Face a face b (Bel)
Eros Ramazzotti 9 (It)
Jacques Brel Infiniment (Bel)
Robbie Williams I've been expecting you (GB)
Sting Brand new day (GB)
U2 The best of 1990 –2000 (Ir)
Platinum 300 000:
Dido Life for rent (GB)
Phil Collins Testify (GB)
Robbie Williams Escapology (GB)
The Corrs Best of (Ir)
Luz Casal Best of (Sp)
Eros Ramazzotti Stile libero (It)
17
Double platinum 600 000:
Laura Pausini E ritorno da te - best of (It)
Phil Collins Hits (GB)
Diamond 1000 000:
Dido No angel (GB)
The weight of repertoires in the principal European countries in 2002:
Local sales in percentage
Country
Local
International
Classical
France
59
36
5
Greece
57.4
38.8
3.8
Germany
44.7
48.7
6.6
United Kingdom
41.5
52.7
5.8
Spain
37.7
55.6
6.7
Poland
35.1
56.3
8.6
Denmark
33.9
61.8
4.3
Hungary
32.4
53.2
14.4
Ireland
19.2
80.8
0
Netherlands
16.8
77.2
6
Belgium
13.7
83.5
3.3
Portugal
13.2
83.5
3.3
Austria
10.1
79.1
10.8
18
1.3
THE NEW MEDIA
1.3.1
Online music
The last figures published by the telecom controlling authority classify France as
number one regarding the progress of broadband Internet access. The number of
broadband subscribers increased by 50% in the second half of 2003, with 1.2 million new
lines, against 1.1 million in Italy, 900,000 in Great Britain, 700,000 in Germany and 400,000
in Spain. With a penetration rate of 6.2% of broadband access, France already exceeds the
European average of 6%. The European record is held by Denmark (12.7%), which precedes
Belgium (12.1%), the Netherlands (11%) and Sweden (10.4%). ADSL represents 89% of the
market with 3 million subscribers, against 400,000 for cable and other access technologies.
According to Médiamétrie, in 2003 the French spent on average 14 hours and 66 minutes
per month surfing on the Internet (+30% compared to 2002). In France, 8.5% of French
Internet subscribers had a broadband connection in February 2003. Broadband access,
making it possible to download musical files 10 times faster than the other types of Internet
connection, is the source of the phenomenon of illegal downloading.
In Europe, 13% of the Net surfers used peer-to-peer networks in 2002 and half of them were
less than 24 years old. 75% of the European broadband subscribers connected on peer-topeer at least once in 2002. In the same year, the rate of piracy was 10% in France. 16.4
million audio files are downloaded in one day in France.
Having become aware of the extent of the problem generated by illegal downloading, the
authorities set up the site www.promusicfrance.com, the French version of the European
site pro-music.org. It is intended to promote the legal services of online music and to
explain the dangers of piracy to the public which threatens the music industry.
As in the United States, a public awareness campaign on the consequences of piracy was
launched in France by the SNEP, the National Union of Phonographic Publications. It aimed
at making it clear to the public that free downloading is an illegal practice which could lead
to legal proceedings in front of the French court. Moreover, the SCPP (Association of Music
Producers) announced in June 2004 that more than twenty complaints against X were made
in France against individuals practising illicit downloading of music through peer-to-peer
networks.
19
In 2003, the online world music market represented between one and two billion
dollars including 400 million in Europe, according to SCREEN and NPA Conseil.
Faced with the digital revolution, the record industry must adapt its production and
distribution methods and be protected from piracy. The whole model of the economic sector
is called into question. As for the worldwide market of ADSL, it doubled between 2001 and
2002.
According to an Ipsos survey conducted in 2003, in France 28% of the Net surfers
claim to listen to the radio online and 21% download music. (We can compare these
figures with the situation in the USA, where 50% listen to the radio and 40% download
music).
In 2003, the number of titles downloaded in the world rises to 150 billion i.e. twice as much
as in 2002 and three times more than in 2001.
Legal websites of online music:
1. In June 2004 Apple comes out with its site for online music sales, the iTunes Music
Store in France, Germany and Great Britain (www.apple.com/fr/itunes/store/). 700 000
titles are available (including 12 000 for classical music), released by majors and a dozen of
independent labels.
2. Launched in April 2002, website virginmega.fr, the subsidiary of Virgin Megastore
France, renewed its design in May 2004 and extended its catalogue to 350,000 titles. This
catalogue will reach the number of 600 000 titles available at the end of 2004. Catalogues
from all majors as well as catalogues from the principal independent labels are available
3. Fnac launched its site for online music sales fnacmusic.com in September 2004, replacing
Digifnac which had been created in March 2001. It already offers 300,000 downloadable
titles, with an objective of 500.000 available tracks by the end of 2004 and nearly 1 million
at the beginning of 2005.
4. Universal Music France launched e-Compil.fr at the end of 2001, by then the first
European legal downloading site. With its 100,000 titles available, e-Compil sold 800,000
tracks, representing an average of 40,000 titles each month. E-compil offers the catalogues
of the majors with the exception of EMI, and the catalogues of some independent labels
(
Na
ï
v
e
,Sc
or
pi
o…)
.
20
5. OD2, the first European wholesaler of virtual music, presents a catalogue offering nearly
320 000 titles, a number that should double by the end of 2004 (including catalogues from
all majors).Its online music platform Sonic Selector is accessible from the sites of Wanadoo
(wanadoo.fr), Tiscali (tiscali.fr), MSN Music (msn.fr), Packard Bell (packardbell.fr), MTV
(mtv.fr) and alapage.com. Its catalogue, currently offering 320,000 titles, should double by
the end 2004.
1.3.2
Mobile ringtones
Mobile phone ringtones are in full boom. According to the Mobile Data Association,
the worldwide sales of ringtones rises to $70 million in 2003 compared to the $40
million reached in 2002. That gives an increase of 60% in only one year. In France, 6.5
million mobile phone users download ringtones in 2004. They introduce the new concept
of“
mus
i
cf
orl
e
i
s
ur
e
”
,t
owhi
c
hf
uns
ma
l
lpl
a
y
-gadgets are added more and more: associated
screen backgrounds, music related to the agenda, etc... These ringtones are generally
selected from the best sales in the charts.
The aggregators are suppliers of services for mobile phones. They work in collaboration
wi
t
hr
e
c
or
dc
ompa
ni
e
s
,c
ompa
ni
e
sf
ort
hepr
ot
e
c
t
i
onofa
ut
hor
s
’r
i
g
ht
sa
ndmo
bi
l
es
e
r
v
i
c
e
providers in France which are SFR, Orange (France Telecom) and Bouygues Télécom. The
main aggregators are Musiwave, Digiplug, Mobivillage and K-mobile.
In March 2004, the SPPF (Syndicate of French Record Producers) signed a draft
agreement with each principal editor of musical ringtones for mobile phones:
DIGIPLUG,
MOBIVILLAGE,
MUSIWAVE,
ACOTEL
FRANCE,
BONGIORNIO
VITAMINIC FRANCE and UNIVERSAL MOBILE INTERNATIONAL. This agreement
aims to support and promote the exploitation of the records of French independent producers
within the framework of payable musical ringtones. Moreover, it determines the minimal
remunerations which would be applicable in the contractual relationship between
independent labels and ringtone editors, as well as the individual standard contract which is
likely to be signed with each label. The members of the Board of directors of SPPF hope to
be able to sign identical agreements quickly with all ringtones editors.
21
2.
THE RECORD LABELS
2.1
GENERAL INFORMATION
Five major companies represent around 84 % of the French market if we include the
independent labels distributed by the major companies.
If we count approximately 600 independent labels in France, distributed by approximately
75 independent distributors, we can probably consider that a maximum of 200 labels for
about twenty distributors have a regular activity in the market.
Practical information:



Artists' contracts are negotiated between 5 % and 9 %, the advances are refundable
on the royalties to be collected but the marketing investments are not, except if it is
for the advertising campaigns on the television, neither are the tour supports.



Licensing agreements are negotiated between 18 % and 22 % and the advances are
refundable on the royalties to be collected but the marketing investments are not,
except if it is for the advertising campaigns on the television, neither are the tour
supports.



The distribution contracts are negotiated around 40 % - 60 % on the Gross PPD (40
% for the distributor and 60 % for the label) or 30 % - 70 % on the after tax amount
charged.



Royalties for the licenses or the artists' contracts are established every six months
with a payment within 60 or 90 days at the end of the month.



The sale statements are sent every month to the labels by the distributor and paid
within 60 or 90 days.



The distr
i
but
or
sa
ndt
hel
a
be
l
sr
e
t
a
i
n15% oft
hes
a
l
e
s
’a
mountf
ort
her
e
t
ur
ns
.
These 15 % are reintegrated after six months to a year.
2.2
MAJOR COMPANIES
UNIVERSAL MUSIC
The most important one is Universal Music, which represented 33,6 % of the
French market in 20031. Universal Music in France is subdivided into seven labels:
1
Figures communicated by the SNEPr
e
pr
e
s
e
n
t
i
n
gt
h
ema
j
orc
ompa
n
i
e
s
’ma
r
k
e
ts
h
a
r
ei
n2003
22
AZ, Barclay, Mercury, Polydor, Universal Licensing Music, Universal Classics,
Universal Music Jazz France
Except from Universal Classics and Universal Music Jazz France, it is hard determine a
music style for each of these labels.
Among the main local artists or artists' repertoires at Universal Music France, we find:
Serge Gainsbourg, Georges Brassens, Jacques Brel, Léo Ferré, Jean Ferrat,
Vanessa Paradis, Noir Désir, Florent Pagny, Johnny Halliday, Nana Mouskouri,
Lara Fabian, Eddy Mitchell, Mylène Farmer, Maxime le Forestier, Maurane,
Gé
r
ar
ddePal
mas
,Al
a
i
nBas
hung,…
SONY MUSIC FRANCE
Sony Music is the second record company in France. It represented 20,5 % of the French
market in 2003. Sony Music is subdivided into four labels who are sometimes subdivided
themselves.
Columbia (Columbia, Saint George, Yelen Musiques), Epic Group (Epic, EGP, Sony
Classic and Jazz), SMALL and Sony Music Media.
Trying to not classify the labels too much, we can still note that their national catalogues,
Epic and Columbia rather produce mainstream French pop, Saint George works with
world music and Yelen Musiques is orientated towards a young audience and rock music
…
Among the main local artists or artists' repertoires at Sony Music France we find:
Patricia Kaas, Jacques Dutronc, Francis Cabrel, Jean-Jacques Goldman,
Indochina, Céline Dion, Garou, Deep Forest, Pascal Obispo, Michel Polnareff, Idir,
Sanseverino,…
EMI MUSIC FRANCE
Emi Music France represented 18,1 % of the French market in 2003.
It is subdivided into two big labels, themselves subdivided:
Capitol (Capitol, Hostile Records, Delabel, EMI Classics, Blue Note) and Virgin
France (Labels, Virgin France)
The labels Capitol and Virgin France are more orientated towards French pop music;
the labels Hostile Records, Delabels, Labels, towards young music (rap, rock, Electro),
Virgin France Collective towards world music and EMI Classics towards classical
music et Blue Note towards jazz music.
Among the main local artists or artists' repertoires at EMI Music France we find:
23
Charles Aznavour, Michel Fugain, Michel Jonasz, Claude Nougaro, Jane Birkin,
Gilbert Becaud, Rita Mitsuko, M, Alain Chamfort, Akhenaton, Keziah Jones, Daft
Punk, Etienne Daho, Mano Negra, Jean-Louis Aubert, Alain Souchon, Axelle Red,
Jul
i
e
nCl
e
r
c
,Re
naud,Fr
anç
oi
s
eHar
dy,Che
bMami
,
He
nr
iSal
vador
,AI
R,…
WARNER MUSIC FRANCE
Warner Music France represents 14,2 % of the French market in 2003.
Warner Music France consists of three labels: WEA Music, Warner, Up Music.
Warner is rather specialized in French pop music, WEA represents the international
catalogs and Up Music the special marketing.
Among the main local artists or artists' repertoires at Warner Music France we
find:
Veronica Sanson, France Gall, Michel Berger, Charles Trenet, Linda Lemay, Mano
Solo, Hélène Segara, MC Solaar, Jil Caplan, Youssou Not Dour, Jean-Michel Jarre,
Archive, Dolly, Arkoll …
BMG FRANCE
BMG France represented 9,4 % of the French market in 2003. The major company is
divided into 4 labels: BMG Media, Jive Records, RCA Arista and BMG jazz.
The French subsidiary of BMG is divided into two parts : BMG France and BMG Jazz.
Among the main local artists or artists' repertoires at BMG France we find
Laurent Voulzy, Patric Bruel, Cesaria Evora, Bénabar, Kyo, Roch Voisine, Pierre
Bac
he
l
e
t
,
…
2.3
INDEPENDENT RECORD LABELS
We count in France approximately 600 independent labels which distribution is taken care
of by independent distributors. They represent about 16 % of the French market.
Some independent labels are distributed by the major companies. According to the UPFI
(Union of the Independent French Producers), their turnover would represent around 7 % of
the market.
Among the independent labels distributed by the major companies, we can mention, by
music genre:
24
All styles
V2 Music France (Passi, FFF, Isabelle Boulay), M6 Interactions (Eve Angeli, L5,
Wha
t
f
or
… 1st French label for the sale of singles, represents up to 25 % of the singles
market), BG Productions (Hélène Segara, Dalida)…
Pop/rock
Atmosphériques (Louise Attaque, Tahiti 80, Les Wampas), Recall (Tommy Hools, Jeff
Buc
k
l
e
y
…)
French chanson
Tôt ou Tard (Lahsa, Vincent Delerm, Mathieu Boggaert, Les Têtes Raides) Disques
Meys (Juliette Greco, Francis Lemarque, Isabelle Aubret)
Dance
Scorpio (Village People, Ritchie Family), Happy Music (Ozone, Robert Miles, Benny
B), Ascot Music (Alabina, De funk)
Hip Hop
IV my people (Kool Shen), Boss of Scandalz Strategy (Joey Starr, DJ Spank)
Musical
Pomme music (Notre Dame de Paris), Baxter Music (Roméo et Juliette, Georgian
Legend)
Jazz
Dreyfus Jazz (the most important jazz label in France, with Jean-Michel Jarre, Alain
Stivell, Michel Petrucciani), Cream Records (Joe Zawinul)
World Music
Créon Music (Malavoi, Edith Lefel, Soldat Louis), Lusafrica (Cesaria Evora, Sally
Nyolo, Bonga), RVM (Carrapicho, CumbaGwa
l
o…)
Soundtracks
Milan Music, Mk2 Music
25
Techno, House
Airplay (dj fred and Arnold T, 666), RKG (Dead or alive, BoyGe
or
g
e
…), Indépendance
Re
c
or
ds
…
Among the labels which are distributed by independent distributors, here are the most
important by music genre:
All genres:
Wagram (Corneille, Zuco 103, Massilia Sound System), Naïve (Mirwais, Aston Villa, Carla
Br
uni
…)
,M10(
Nightwish, Mich Gerber, Lio, Laurent Wolf), XIII bis Record (Jeanne Mas,
Guesch Patti, Murielle Moreno), FLG Productions (Robert Charlebois, Hervé Cristiani, Les
Tê
t
e
sRa
i
de
s
…)
,Noc
t
ur
ne(
Clotaire K ), Discograph (Gotan Project, Banggang, Café del
mar, Dimitri from Paris), Pias (Miossec, Agoria,Lepe
upl
edel
’
he
r
be
)
Electronic music:
Fcommunications (Laurent Garnier, Frédéric Galliano), Pschent (Stéphane Pompougnac),
Versatile, Uwe, Le Maquis, Diamond traxx, Tiger Sushi, Yellow pr
oduc
t
i
ons…
World music:
Celluloïd (Skatellites, Sapho, Be
v
i
nda
,Ca
c
e
r
e
s
…), Indigo ( Rokia Traoré), Night & Day
(Positive Black Soul, Ilenes Barnes, Omar Sousa), Next Music, Iris Musique Production,
Marabi, Pygmalion Records, The Fingerprint, Buda, Ocora, Keltia Musique, Coop breizh,
Long distance
Pop/rock:
Village vert (Autour de Lucie), Tricatel (
AsDr
a
g
on,Mi
c
he
lHo
ue
l
l
e
be
c
q)
,I
c
id’
a
i
l
l
e
ur
s(
Yann Tiersen), Vicious Circle …
Jazz:
Label Bleu (Louis Scalvis, Daniel Humair, Julien Lourau), Birdology (Sixun, Stéphane
Grapelli, Ahmad Jamal, Mc Coy Tiner), RDC Records (Django Reinhardt, Sylvain Beuf,
Manuel Rocheman) Black and Blue (René Urtreger, Stéphane Grappelli) Nato (Denis Colin,
François Corneloup), CC Productions, Fremeaux e
tAs
s
oc
i
é
s…
Classical music:
Harmonia Mundi/Chant du Monde, Auvidis, Arion, Abeille
26
Compilation:
George 5 (compilations Buddha Bar, Ba
r
r
i
o La
t
i
no…), Indépendance music (Café de
Fl
or
e
…)
2.4
TRADE FAIRS
For the record industry, the MIDEM remains the trade fairs of reference. Professionals
of the whole world, coming from every artistic background and from every professional
family, are welcome every year at the end of January in Cannes for 5 days of total
immersion in the music industry.
9 000 professionals of 94 countries are meeting to participate in this international record,
music publishing and music video market.
MIDEM
11 rue de Colonel Pierre Avia BP 572
75726 PARIS CEDEX 15
Ph: +33 1 41 90 44 60
Fax: +33 1 41 90 44 50
[email protected]
www.midem.com
Musicora, The Music trade fair, is hosting its 21st edition. For 3 days in September, the
trade fair promotes all kinds and all forms of music through concert, competitions,
masterclasses and debates. The previous edition got 34 500 visitors and 14 000 professionals
MUSICORA
62 rue de Miromesnil
75008 PARIS
Phone: +33 1 49 53 27 00
Fax: +33 1 49 53 27 04
[email protected]
www.musicora.net
3.
THE DISTRIBUTION
27
3.1
DISTRIBUTORS
The distribution in France is handled as in most of the western countries by major
companies (Universal, Sony, BMG, EMI, Warner) on one hand and by a certain number of
independent distributors, sometimes non-specialized, sometimes specialized, on the other
hand.
The percentage of the major companies in the distribution market in France (84 %) is very
important if we compare it to the situation in the United Kingdom for example (75 %).
The independent distributors, who thus represent approximately 16 % of the market, divide
up between the non-specialized distributors (Wagram, Naïve, M10, Melody, Night and Day,
Night-, Next Music, PIAS, Harmonia Mundi, Nocturne-) and more specialized distributors
(Discograph,l
’
Aut
r
e di
s
t
r
i
but
i
on,Chronowax, La Baleine, Tripsichord, Coop Breizh,
Abeille Musique, DAM, DG diffusion, Orkhestra,Pr
oduc
t
i
onsSpé
c
i
a
l
e
s
…)
You will find more complete information on each distributor in the section "Contact".
3.2
STORE CHAINS
The record sale to consumers in shop is made through three types of networks appropriate
for the French market.
1) On one hand, the food hypermarkets (generalist hypermarkets such as Carrefour, Auchan,
Leclerc, Casino), which represent approximately 55 % of the record sales in France and
which offer a very restricted number of records to the public. We can estimate an average
which would be around 1000 records for a hypermarket. The record catalogue which you
can find in the generalist large-scale distribution is essentially constituted by hit records,
compilations as well as a certain number of low price or budget collections in such or such
type of music. The discount rates on the Gross PPD asked to the distributors oscillate
between 15 % and 20 %, with possibilities of return close to 100 %. The length-period of
records displayed in the store lasts for around a month (depending on the sales).
2) On the other hand, specialized chain record stores which represent approximately 35 % of
the market and which are actually dominated by 2 companies: Fnac and Virgin Mégastore.
For many independent labels, these two companies represent 80 % of their catalogue sales in
France.
28
The records number is around 100 000 for the ten most important shops and can decrease to
20 000 for the smallest ones. The discount rates are around 15 % and the length-period of
records displayed in the store lasts for about 90 days or more. The number of record stores is
around 63 for Fnac and around 33 for Virgin Mégastores
3) Finally, the network of the independent traditional record dealers which, both by the
quality of their managers and by the multiple services which they brought to their customers,
contributed mostly to the distribution of the music creation. Today, and since 1980, these
record dealers have been disappearing for the greater part from French cities (between 2000
and 3000 record dealers have ceased their activity).
They represent nevertheless with the mail order sales around 10 % of the record sales in
France and divide up in the following way:



the independent record dealers associated in networks like Starters ( 67 selling locations),
Madison Nuggets ( 64 selling locations), Les Espaces Culturels Leclerc ( 36 selling
locations).



the independent record dealers not associated in networks (approximately 300) and which
generally are record dealers more specialized in a music style (with many import) or which
sell second-hand records. You also find some record dealers which represent catalogue of
electronic music, techno, rock, metal, reggae, rap e
t
c
.… Mos
toft
he
s
er
e
c
o
r
dd
e
a
l
e
r
swor
k
a lot with the import. It helps them to financially compensate for a part of the discounts
which are granted by the distributors to the food or specialized hypermarkets.



There are also distributors who own their own record dealers' networks. The company
Harmonia Mundi today owns about forty shops in France representing their name.



It is important to note the case of networks non-specialized in music which sell records.
You can find records in some bookstores, stores specialized in a particular field (like «
Nature and Découvertes ») or in gas stations on the highways which offer hit records and
relaxation albums
3.3
IMPORTERS
The three importers: CAIF (the former Fnac Import Services), Virgin Import and Starter
Import only distributes in their own chain record stores.
29
CAIF (Fnac Import Services)
Contact: Bernard Vuillemin
Phone: +33 1 41 61 35 37
Starter Import
Contact: Georges Fangon
Phone: +33 1 43 42 09 45
[email protected]
Another alternative is to contact the main wholesaler for the music import in France : SBA.
SBA
Contact : Patrick Verbecke
2 rue Fourier
59000 Lille
Phone : +33 3 20 09 82 83
Fax : +33 3 20 09 85 30
[email protected]
4.
COPYRIGHTS
In 2002, 530.8 million euros were distributed in France for copyrights and for social
and cultural action. This figure is a progress of 2.7% compared to 2001. Rights for public
diffusion were paid for 603,623 different works (+ 13% compared to 2001), and for 461,484
works (+ 6.5%) for their reproduction on compact disc, cassette, video, DVD and
multimedia formats. Among the creators and publishers whose accounts were credited,
43,686 members of the SACEM received rights, including 34,405 living authors and
composers and 4,072 publishing companies. These figures do not include the 53,500 foreign
authors and composers who receive the rights collected by the SACEM through their
national organisations. Thus in 2002, the SACEM paid into more than a hundred foreign
a
ut
hor
s
’or
g
a
ni
s
a
t
i
onsf
ort
her
i
g
ht
sc
or
r
e
s
pondi
ngt
ot
hee
xpl
oi
t
a
t
i
onofwor
k
soft
he
i
r
members in France. Among the 100 creators who received the most royalties, 69 work in
the field of French chanson and pop (21 of whom are also performers), 8 are symphonic
30
composers, 12 are composers for cinema, television and multimedia and 11 are authors of
sketches. TF1, France 2, France 3, Arte, France Inter, France Culture, RTL, Europe 1, Sud
Radio, Nostalgie, Rires et Chansons, diffused more than 50% of works of French origin. In
the field of record production, the national repertoire progresses by 2 points compared to the
result of the year 2001, to reach 48%.
The most diffused foreign works in France originate from the United States, Great Britain,
Germany, Italy, Canada, Belgium, Switzerland, Spain and Australia. In October 2002,
distribution of royalties after downloading of works used as mobile ringtones took place for
the first time. It should be emphasised that the year 2002 was marked by the rise in power of
the global documentation and distribution network (GDDN) developed within FastTrack.
Thi
sne
t
wor
kpr
ov
i
de
sme
mbe
ra
ut
hor
s
’or
g
a
ni
s
a
t
i
onst
oha
v
eonl
i
nea
c
c
e
s
st
omor
et
ha
n8.
2
million musical works. It largely facilitates the exchange of documentation, this is why other
companies wish to enter FastTrack. This will soon be the case with some Dutch
(BUMA/STEMRA) and Canadian (SOCAN) companies. Finally, the CISAC recently asked
to study the possibility of using the search engine developed by FastTrack in order to
connect to the network, the base of works WID (Works Information Database) developed
within the framework of the CIS plan (Common Information System).
4.1
THE LEGAL FRAMEWORK
The first laws concerning copyrights were voted during the revolutionist era (1791 and
1793) on the basis of 2 principal rights: the right of reproduction and right of performance.
The concept of moral rights, in opposition to patrimonial rights, appears as a jurisprudence
term in the 19th century.
The law of March 11, 1957, used in the Code of Intellectual Property (CPI) with the
modifications made by the law of July 3, 1985 (known as the Lang law), codifies the
principles worked out by jurisprudence since the revolutionary laws.
Authors are acknowledged patrimonial rights, moral rights, and the right for legal
remuneration and we anticipate the conditions of exercise and remuneration of these rights.
Certain contracts, including those of publishing, are regulated.
The SACEM manages the intellectual property rights of authors, composers and music
publishers. The SACD acts for dramatico-musical works as well: opera, musical
comedies.
31
Nearly all authors-composers-arrangers and music publishers are represented by the
SACEM, whose competence is broad: it directly manages the right of performance and the
right of mechanical reproduction (this last via the SDRM, Organisation for the
Administration of Mechanical Reproduction Rights).
Moral rights are perpetual (transmitted to the heirs), inalienable and imprescriptible. They
incl
udet
her
i
g
htf
orpubl
i
cdi
s
c
l
os
ur
e
,t
her
i
g
htt
or
e
s
pe
c
tt
hea
ut
ho
r
’
squa
l
i
t
y
,t
her
i
g
htt
o
respect the work, the right for withdrawal and repentance.
Patrimonial rights give place to remuneration, their duration is 70 years after the death of the
author. They include:
a-
The right of performance
It applies in the case of a performance of a work (concert) or its public execution (diffusion
of recorded music in public places and by the media)
* the collection of the right of performance:
-
For live show entrepreneurs: the royalty is 8.8% on entries and 4.4% on additional
receipts (consumption) - for free shows: 6.6% of additional receipts or the amount of the
contract (a fixed price exists for small events).
-
For discotheques (an agreement saw the day in 1994 after much dispute): from 4.4%
to 5.55% on the receipts.
-
Forr
a
di
os
t
a
t
i
ons
:6% ona
dv
e
r
t
i
s
i
ngr
e
c
e
i
pt
s
,a
ut
hor
’
sr
oy
a
l
t
i
e
s(
f
ort
hepubl
i
c
sector) or grants.
-
For television channels: between 4 and 5% on advertising receipts, royalty and
subscription receipts.
-
For cinema operators: 1.5 to 2% on projection receipts.
-
For places diffusing music (cafés, restaurants, shops...): fixed price.
32
* The distribution of the right of performance:
The key of division is statutory: 1/3 publisher - 1/3 author - 1/3 composer. In the case of
the sub-publishing of a foreign work, whose authors are not associated with the SACEM or
a foreign management organisation that it represents, is anticipated as an exception.
If a work is subject to an arrangement, a share of 1/12th is taken on the 8/12ths being
allocated to the author and/or the composer.
Since 1997, DJ's profit from 1/12th for mixed tracks diffused during a public execution.
b-
The right of reproduction
It is related to the material fixation of the work, its mechanical reproduction by a recording
and the manufacturing of records (and cassettes), graphic reproduction by a score.
* The collection of mechanical reproduction rights by the SDRM (civil organisation whose
associates are the SACEM, SACD, and SCAM)
The system of work by work delivery was replaced little by little by general contracts:
the Biem/Ifpi contract for majors and the contract of phonographic authorisation of
reproduction (CARP) for independent labels (inscription with the trade register, minimum
turnover of 53,000 euros and 4500 euros of SDRM payments necessary).
The calculation of royalties is thus based on sold copies instead of copies produced. In
r
e
t
u
r
n,t
heSDRM e
ns
ur
e
sag
ua
r
a
nt
e
et
ot
hea
ut
ho
r
s
’or
g
a
ni
s
a
t
i
ona
ndpa
y
samont
hl
y
advance payment into it.
The same royalty applies: 9% on the wholesale price or 7.4% on the retail price of each
copy (after the abatement for cover sleeves and rebates or reductions), with an applicable
minimum according to the type of format and its duration.
New abatements on export sales, new formats (DCC, mini-discs), returns, free copies, and
sales offers are negotiated.
* The distribution of the Mechanical Reproduction Right
Contrary to the rights of public execution, the percentage of distribution is not statutory but
freely negotiable between authors, composers and publishers.
33
In practice, it is almost always divided in half, that is to say: 50% publisher –25%
author –25% composer.
The percentage for the arranger or the adapter is generally 10% (on the author-composer
shares).
34
c-
The right of adaptation
It applies to any transformation, variation, arrangement, translation and passage to another
genre (audiovisual in particular).
* The right to legal remuneration allows remuneration for private copying paid by the
manufacturers and importers of virgin cassettes (divided between producers and performing
artists), and extended recently to the CDR.
The rights not entrusted to be managed by the SACEM and thus in direct control of the
publisher –with preliminary authorisation of the authors (or not, according to the specific
case), concern:
- graphic edition
- audiovisual exploitation (audiovisual adaptation and the right of synchronisation)
- modifications made to the work: arrangements and adaptations, fragmentation and use in
the form of extracts in another work
- exploitation abroad (sub-publishing).
The publishing contract must be put in writing. There is no standard contract really
recognised by the profession.
4.2
AUTHORS AND PUBLISHERS
The term author often refers to the creators of a work, and thus composers as well as
song text authors. In 2002, among more than 100,000 authors registered by the SACEM,
only 34,405 living authors received royalties. For the music which interests us, many
authors are also performing artists or teachers, in the case of classical music.
The music publishing market is difficult to evaluate. It can be estimated at more than 457
million euros with:
- SACEM collections, including the royalties paid directly to authors and composers
- the rights for audiovisual adaptation, synchronisation, fragmentation
- receipts for graphic edition
- hiring of orchestra material (scores)
- the graphic edition and the hiring of orchestra material which primarily relates to classical
music.
35
Approximately 4070 publishers are listed at the SACEM in 2002. There are 2 syndicate
chambers for publishers: the CSDEM (pop) –the CEMF (classical) and 1 syndicate chamber
for authors –composers: the SNAC.
With the reduction on behalf of graphic edition, the other forms of exploitation of
works became primary (phonographic and audiovisual exploitation, performances, in
France and abroad). Phonographic exploitation is the principal mode of exploitation of
musical works today. The development of author-composer-performers altered the
publisher – music producer relationship: author-composer-performers are often
already bound by or in relation with a music producer.
Certain publishers, however, intervene beyond music production, participating in the
financing of first productions, models, rehearsals, and supporting the promotion of works.
Only 1 to 2% of the publishing turnover is made by graphics today, even if it remains
obligatory. The management of rights derived from the other modes of exploitation of works
t
husc
ons
t
i
t
ut
e
sa
st
hema
i
npa
r
toft
hepubl
i
s
he
r
’
sr
e
s
our
c
e
s
.
Representation in sub-publishing or catalogue repurchasing is necessary to start a publishing
activity. The structure of the turnover, however, can strongly vary from one publisher to the
ot
he
r
,a
c
c
or
di
ngt
ot
he
i
rpr
i
or
i
t
i
e
s
.I
nf
a
c
t
,t
hepubl
i
s
he
r
’
swork carve different realities. It is
very segmented at the majors, where a function generally corresponds to one person. Work
is different in independent labels which have less means, and specialise in one direction or
another.
36
EVOLUTI
ONOFPUBLI
SHERS’TURNOVERSI
NCE1996(
I
NMI
LLI
ONEUROS)
Source: SNEP
4.3
COLLECTIVELY MANAGED COPYRIGHTS AND NEIGHBOURING RIGHTS
Collections which remunerate, by the means of civil organisations, the various participants
of the network for copyrights and the rights known as neighbouring rights rose with a total
of 856.75 million euros in 2003. This figure is in a progression of 7.8% compared to 2002:
Authors, composers, publishers:
SACEM / SDRM: 708.5 million euros in 2003 (+5.4% compared to 2002)
NB. the SACD collects on behalf of dramatic authors and composers, which include lyrical
works and musicals for the musical sector.
Performing artists and musicians:
ADAMI: 42.4 million euros in 2003 (+7.8% compared to 2002)
SPEDIDAM: 28.2 million euros (+9.6% compared to 2002)
Music producers:
SCPP: 58.6 million euros (+13.7% compared to 2002)
SPPF: 11.78 million euros (+6% compared to 2002)
37
Rights resulting from the legal licence:
SPRE (Civil organisation for the collection of equitable remuneration): 61.25 million euros
(+7.7% compared to 2002).
Rights resulting from private copying of sound recordings:
SORECOP (Organisation for the remuneration of private copying of sound recordings): 87
million euros (+22 millions compared to 2002).
NB the amounts collected by SPRE and SORECOP are paid to the various civil
organisations quoted above to be distributed among those entitled.
4.4
THE ORIGIN OF RIGHTS COLLECTED IN 2002 (SACEM / SDRM)
The repertoire of the SACEM includes approximately 5.4 million works. In 2002, 603,623
works were the subject of payment of rights due to their public diffusion and 461,484 works
due to their reproduction on record, cassette or video. The diffusion of works of French
origin represents 57.5% of the sums distributed. In 2003, the SACEM recorded more than
5000 new members, both French and foreigners. The overheads are 15.1% in 2002, which
locates the SACEM in a rather low range in Europe. The other 84.9% represents the sums
perceived and redistributed in 2002.
The origin of rights collected in 2003 (SACEM/SDRM):
television
25%
public diffusion of recorded music
20%
CD, video, Internet, telephony, multimedia
21%
international
9%
live shows
9%
radio
7%
private copying
7%
cinema
2%
Source: Sacem
38
Thepubl
i
c
’
spa
s
s
i
onf
orDVD’
smade it possible to almost double its sales (49.2 million
copies in 2002 against 25.5 million in 2001). The rate of equipment in homes corresponds to
this evolution: 2.8 million DVD players were sold in 2001 and 5.5 million in 2002. Nearly
one in every four homes thus has a DVD player.
The rights generated from the exploitation of musical works experienced a favourable
evolution in the field of telephony with the downloading of mobile phone ringtones (1.3
million euros). In addition, thanks to the setting up of contracts for the use of works
intended to illustrate Internet sites, collections experienced a significant progression since
May 2002. On the other hand, the rights coming from multimedia formats (games, cultural
CD-ROMs) are falling.
Lastly, in the field of downloading musical works from Internet sites, two important
agreements were made with OD2 and Vitaminic France. These agreements, signed by the
SACEM, the SDRM and Sesam for the period of one year, make it possible to use the
r
e
pe
r
t
oi
r
eofa
ut
h
or
s
’or
g
a
ni
s
a
t
i
onsont
heWe
b.OD2a
ndVi
t
a
mi
ni
cFr
a
nc
ed
i
r
e
c
t
l
yr
e
g
ul
a
t
e
the copyrights for the on-request online diffusion of musical works, which can be in the
form of streaming (uninterrupted diffusion) or downloading, including subscription services
like Vitaminic Music Club.
Regarding the remuneration for private copying, collections coming from Sorecop and
Copie France increase by + 68.5% and represent 6% of the whole of the rights collected by
the SACEM. Private copying of sound recordings represents henceforth nearly 3/4th of
the collected rights. This result shows that the application of the January 2001 decision
(collection on virgin digital formats) played its full effect in 2002. To note: the number of
recordable formats sold in 2003 is estimated at 248 million recordable CDs (including 17
million CD-RW and 11 million audio CD-R) and 9 million DVD-Rs.
The diffusion of soundtrack and background music represents 60.3% of the rights
generated from the public diffusion of recorded music. The increase in the rights for
background music (+ 5.7%) corresponds to the good economic health of ambiance and
theme bars.
Shows, concerts and balls with live music still represent 8% of the collected rights, which
remains constant. The sector of pop tours was stabilised with a slight progression of rights
by 0.8% and the number of shows by 2%. This situation is explained on the one hand by the
reduction in the number of large performances by foreign, in particular American artists
39
following the attacks of September 11, and on the other hand by a more important
participation of French artists emerging and/or resulting from the television
programmes Pop Stars and Star Academy. The classification of the ten best musical
artists, groups and shows is primarily francophone: Jean-Jacques Goldman, Les Dix
Commandements, Garou, Star Academy, Lorie, Indochine, Julien Clerc, Laurent Gerra, L5
and André Rieu. The rights generated from abroad represent 14% of the whole of the
rights of the SACEM, the increase is only 0.5% compared to 2001.
Direct collections experience a rise of 13.2% which corresponds mainly to the increase in
the rights coming from RTL.
The rights collected from the public diffusion of our repertoire abroad increased by 4.8%.
Mor
et
ha
n60% o
ft
he
s
er
i
g
ht
sc
ont
i
nuet
oc
omef
r
om t
hea
ut
hor
s
’or
g
a
ni
s
a
t
i
onsoft
he
member states of the European Union (including 49.5% of the euro zone). The 10 countries
paying us the most rights are Germany, Belgium, Italy, the United States, Japan,
Switzerland, Great Britain, the Netherlands, Spain and Canada. The mechanical
reproduction rights (outside centralisation contracts) coming from abroad drop by - 6.2%.
More than 62% still comes from of the European Union.
4.5
SYNCHRONISATION
The rights of synchronisation relating to audiovisual reproduction, that is to say assembling
an audio band with an image (films, television programmes, publicity, multimedia works...)
belong to the publisher of the work and the producer of the recording. In fact, the rights
relating to musical score sales and the rights of synchronisation, in general, are paid directly
by the publisher to the author, based on the statement sent to him. The right of
synchronisation is not recognised by the code of intellectual property.
Synchronisation became an alternative in weight to the music market as much on the
national level as in export.
Advertising generates important profits, like one can see by the impact on sales of
campaigns lik
et
hos
eofEv
i
a
n(
r
e
pl
a
yof“
Wewi
l
lr
o
c
ky
ou”
)
,ort
hos
eofLe
v
i
'
s(
Mr
.Oi
z
o)
,
Renault Mégane (Moby), Air France (The Chemical Brothers) and Coke (DJ Bobo with the
s
ong“
Chi
hu
a
hua
”
)
.Cinema and video games seem also to be really promising niches for
the value chain of the music industry. The latter ones constitute a new sector in full boom
40
regarding synchronisation. Today, they have become such an integral part of youth culture
that the followers of video games, being very active consumers, are a new target for
advertising executives. Record companies and publishers also use games more and more to
promote their artists to a new public. All the majors have a department devoted to
synchronisation.
For cinema:
-
AIM (Artiste Intermediaire Multimedia)
Executive Production of film music - Counselling –Musical supervision –musical rights,
Search for financial partners for original film soundtracks
Amelie de Chassey and Delphine Mathieu
99 rue du Faubourg du Temple 75010 Paris
Tel: 33 1 42 06 07 77
[email protected]
www. a2caim.com
-
Creaminal
Clément Souchier
[email protected]
27 rue des Balkans 75020 Paris
Tel: 33 1 43 72 42 70
www.creaminal.com
For advertising:
-
Euro RSCG BETC
Passage du désir, 85/87 rue du faubourg Saint Martin 75010 PARIS
Tel: 33 1 56 41 35 00
Fabrice Brovelli
Director of the television production service
[email protected]
Christophe Caurret
Music Supervisor
[email protected]
41
-
Première Heure/Schmooze
Matthieu Sibony
[email protected]
Music Supervisor
23 av Bernard Palissy 92210 St Cloud
Tel: 33 1 41 12 30 00
-
Volvox Music
Olivier Lebeau
[email protected]
5 rue Pasteur 75011 Paris
Tel: 33 1 47 00 15 43
-
Saatchi & Saatchi
Martine Joly
[email protected]
30 Boulevard Vital-Bouhot 92521 Neuilly-Sur-Seine
Tel: 33 1 40 88 40 00
-
Comptoir du son et des images
Frank Marchal
[email protected]
78r
ueJ
ouf
f
r
oyD’
Abba
ns75017Pa
r
i
s
Tel: 33 1 47 64 62 62
-
Attention o chiens
Pascal Bonifay
pascal@ aoc-production.com
Fabrice Smadja
fabrice@ aoc-production.com
117, rue Jean Jaures 92300 Levallois Perret
Tel: 33 1 41 06 61 61
www.aoc-production.com
42
-
La Maison de la Radio
Remy Peronne
[email protected]
23 Quai Alphonse Le Gallo 92100 Boulogne Billancourt
Tel: 33 1 46 04 77 05
-
Young & Rubicam
Loïc Benart
[email protected]
57, avenue André Morizet - BP73 92105 Boulogne Cedex
Tel: 33 1.46.84.30.38
43
II. THE LIVE SCENE
If live shows have been a trend in France lately, it still remains very difficult for a foreign
artist not well known by the French public to tour. Finding one date can be done relatively
easily but as soon as you want to organise a real tour, a good French tour agent will have to
be sought.
The eighties experienced a multiplication of artistic activities and structures with promising
projects. Places of diffusion, production structures and management accompanied the new
artistic forms and invented new ways to put shows together. Today, judged by some as the
best medium of music, festivals and concert halls are the last to take risks in their
programming. The French scene is rather dynamic today and is in good health. Louise
Attaque, Tryo, Les Têtes Raides, Rachid Taha and Thomas Fersen were thus devoted to
stage shows before being diffused on the radio.
1.
THE GEOGRAPHIC DISTRIBUTION OF LIVE SHOWS
The Ile de France (Paris + suburbs) represents more than 40% of the receipts on ticket sales.
The regions Rhône-Alps and Provence-Alpes-Côt
ed’
Az
ureach represent nearly 10%. The
weight of Paris remains overwhelming (more than 90% of the receipts of Ile de France),
whereas the weight of Lyon and Marseilles in their respective region is closer to 50%. The
other principal cities in terms of concerts/festivals are Lille, Strasbourg, Caen, Bourges,
Rennes, Nantes, Rouen, Bordeaux, Belfort, Toulouse, Dijon, Grenoble, Lyon, Montpellier,
Nice, Toulon and Marseilles.
This geography more largely reflects the French cultural and economic geography, with a
Paris-province split which remains important, but also the inter-regional imbalances,
advantageous to the regions Rhône-Alps and Provence-Alpes-Côt
e d’
Az
ur(which, in
addition to their economic dynamism, concentrate many festivals, especially taking into
account the
i
rc
l
i
ma
t
ea
ndt
our
i
s
m)
,t
ot
hede
t
r
i
me
ntofa
n“
a
r
i
ddi
a
g
ona
l
”f
r
om t
heNor
t
hEast to the South-West (from the Ardennes in the Pyrénées, and partly including the regions
Champagne-Ardennes, Franche-Comté, Bourgogne, Auvergne, Limousin, Midi-Pyrénées).
In these regions, the demographic deficiencies and a loose urban infrastructure create intraregional imbalances, favouring regional metropolises, which exert a dominating weight.
44
This is, for example, the case with Toulouse, which radiates in the Midi-Pyrénées region.
Other poor regions are Normandie and Picardie.
A strong demography-cultural geography correlation underlines the urban character
of cultural activities. In addition, France has a cluster of cities less dense and regular than
many European countries. The increase of supply, largely irrigating the territory (and venues
in particular, cf further) did not re-absorb much of the big structural imbalances concerned
with demographic, economic, social or historical factors.
The development of cultural supply benefited the medium-sized cities (30 to 50,000
inhabitants) a lot, whereas the rural milieu remains rather absent, except for the activities
r
e
l
a
t
e
dt
ot
our
i
s
m(
wi
t
ht
hel
a
be
l“
c
i
t
ya
ndc
ount
r
yofa
r
ta
ndhi
s
t
or
y
”a
ndc
e
r
t
a
i
nf
e
s
t
i
v
a
l
s
)
.
2.
CONCERT VENUES
INSEE listed 4580 concert venues in France in 1990, that is to say an increase of 25%
compared to 1980. However, this figure takes into account all the occasional venues,
assembly halls, historical monuments, sports halls, discotheques*, etc.
In July 2003, IRMA counts 415 concert venues with a capacity of less than 400 places in
Metropolitan France, 343 venues from 400 to 1200 places and 92 venues holding more than
1200 places. It should be noted that it is very difficult to obtain correct figures concerning
the venues with a capacity of less than 400 places, because of the constant change in the
number of café-venues.
Lastly, the Ministry of Culture counts 400 venues intended mainly for music (including
classical music).
From the eighties, the State with the local authorities, made an effort to improve the
venue offer dedicated mainly to current and amplified music, supporting, on the one
hand, the construction of venues of great capacity with the Zenith programme (ten in France,
capacity of 3000 to 9000 places) and, on the other hand, gathering under the name SMAC
(Scenes of Current Music), the creation or makeover of small and medium-sized venues,
whose role is recognised in the development of artist careers.
45
Moreover, the traditional cultural network (resulting in particular from the movement of
theatrical decentralisation, born in the post-war period and developed in the sixties under the
influence of Andre Malraux, the first French Minister of Culture), in the past ten years, also
opens to popular music: national theatres, conventional stages, as well as town theatres,
cultural centres, etc...
Two great economic methods co-exist: ont
heoneh
a
nd,v
e
nue
sf
u
nc
t
i
oni
ngi
n“
g
a
r
a
g
e
”
,
which host tours (hiring) but do not produce shows, and obey a strictly private nature of
logic. On the other hand, venues supported by public grants, develop an artistic policy, and
bring corrective measures to the laws of the market.
On the whole, the number of adapted places is still insufficient (especially with mediumsized venues), more especially as the venue offer starts to age, facing the evolution of noise
and safety requirements. The role of public intervention is determining in terms of
investment but, at the same time, also in terms of support of the operation of these places,
whose balance often remains precarious.
The distribution of concerts according to the capacity of the venues
Venues > 3000 places
66% of receipts
Venues of 1500 to 3000
12.6%
13%
3%
Venues < 400
2.5%
NB. These figures do not reflect frequentation but the receipts of ticket sales. In fact, there
are important gaps between entrance fees according to the capacity of the venue, among
others (often much more important in large venues). In addition, one should not forget that
these figures are established on a sample from 1997, limited to approximately 250 live show
entrepreneurs and excluding the subsidised sector as well as public bodies (in particular
cities) and a number of occasional organisers.
3.
FESTIVALS
46
They constitute a network of determining diffusion, born in the post-war period. The
2/3 of the festivals are musical (most are dedicated to classical music and we count also
more than 200 specialised in jazz), which is approximately 2000 music festivals, with
considerable differences in size, function and objectives. While certain festivals show a
true ambition for artistic innovation, others are also developed, following a closer logic to
cultural tourism (many summer festivals, in particular).
The innovating and recognised festivals themselves often struggle with the requirements of
profitability and visibility, which are difficult to cumulate due to their role of discovery, and
by the divergent interests of sponsors. The intervention of the State (the Ministry of
Culture, generally via the DRAC) often pulls the programming upwards and is a
guarantee of quality but many festivals suffer from their current disengagement facing
the communities, whose objectives often decline as well in terms of image and
communication.
The organisation of large gatherings persists today, in particular with the pop, rock, but
also techno or even traditional music wave, with the phenomenal Festival Interceltique de
Lorient.
Let us quote some of the most important festivals of popular contemporary music in France:

Le Printemps de Bourges –pop, rock, hip hop, reggae, electro, hard rock

Festival des Vieilles Charrues (Carhaix, Bretagne) –pop, rock, electro, world, hip
hop, jazz

Les Francopholies (La Rochelle) - French Chanson, hip hop, rock, electro

Les Rencontres Trans-Musicales (Rennes) –rock, electro, world, French Chanson

Les Eurockéennes de Belfort –rock, pop, hip hop, electro, reggae

La Route du Rock (Saint Malo) –pop, rock

La Fiesta des Suds (Marseille) –world, pop, electro

Banlieues Bleues (Paris) - jazz

Sons d'Hiver (Paris) –jazz, world, hip hop

Le Festival de Nîmes –pop, rock, electro

Festival Musiques Métisses (Angoulême) –world, reggae
An interesting Internet site to get information on all topicalities of festivals and concerts in
France can be found at www.concertandco.com.
47
4.
TICKET PRICES
There is a correlation between the entry ticket prices to a concert and the commercial
value of the artist. In fact, free concerts, financed by town councils, are rare. Prices
generally increase with the capacity of the venue.
The highest prices (regularly higher than 40 euros), can be experienced at popular music
concerts, addressing a very large and relatively old audience, which does not go to concerts
regularly (ticket prices went up to 150 euros at the Johnny Hallyday concert at the Stade de
France, which took on an eventful nature). The reputation of the venue also acts as a
variable on ticket prices (Olympia in Paris, for example), beyond the cost of the artistic
s
t
a
g
ea
ndt
hea
r
t
i
s
t
’
sr
e
put
a
t
i
on
.Ce
r
t
a
i
na
r
t
i
s
t
si
nt
e
r
v
e
nei
nf
i
xi
ngt
het
i
c
k
e
tpr
i
c
e
s
,t
a
k
i
ng
into account their audience but also a possible commitment (prices often limited to 25
euros).
A difference in price can often be noted between Paris and the province, the same
concert can be seen for 20 to 30% less in province. (In addition to the differences in
remuneration and standards of living, the return of investment is often anticipated at the first
Parisian exploitation of the show, and the tour can touch a network of venues not obeying
only market logics).
The following classification can be drawn up according to reputation:
- “
di
s
c
o
v
e
r
e
d” or“
de
v
e
l
opi
ng
”a
r
t
i
s
t
swi
t
ha
v
e
r
a
g
et
i
c
k
e
tpr
i
c
e
sof10 t
o 25 e
ur
os
,
programmed especially in the SMAC (Scenes of popular contemporary music) and the
subsidised network.
- experienced artists, with prices between approximately 25 and 40 euros
- stars, programmed primarily in private venues, with prices beyond 40 euros.
5.
THE REPERTOIRES
The distribution of concerts by repertoire in 2001
48
Pop
27%
French chanson
26%
Rock
12%
Humour
8%
Funk, rap, fusion
6.5%
Jazz, blues
3.5%
World, folk, ethnic
3%
Others
10%
In spite of the rather arbitrary (weight of large tours) and insufficient character (absence of
techno) of this classification, we can underline the share of French chanson which remains
important, as opposed to the strong variations of rock related to international tours (few
French groups influence largely the figures).
6.
THE ARTISTIC AGENT, THE LIVE SHOW ENTREPRENEUR
AND THE MANAGER
Agents exist especially for the theatre and classical music (concert offices). The managers,
artists offices, collectives often place themselves in the sector of popular contemporary
music, in a different context from that of the agent.
The Agent
The investment cost of live show artists is the subject of an exemption from the principle of
the State monopoly for the placement of salaried employees, in order to take into account
the specificity of artistic professions.
The law of December 26, 1969, modified in 1986 and 1992 defines this activity and fixes a
very strict framework to it. The placement of an artist consists of finding engagements for a
live show artist. The profession of agents is regulated, like that of live show entrepreneurs, it
is subjected to obtaining an artistic agent licence issued by the Ministry of Labour to a
legal entity, other than a limited company, for one renewable year. The artistic agent cannot
in parallel be a music publisher or a phonographic or audiovisual producer (since 1992, they
can also be live show entrepreneurs).
49
Thel
a
ws
a
t
e
st
ha
t“
t
hi
sp
r
ov
i
s
i
on(
c
o
nc
e
r
ni
ngt
hea
g
e
ntl
i
c
e
nc
e
)i
si
npa
r
t
i
c
ul
a
ra
ppl
i
c
a
bl
e
to those who, under the name impresario, manager, or any other denomination, during the
same year, receive mandates of more than two live show artists to get engagements for
t
he
m”
.
The remuneration which an agent can collect in exchange for their activity is limited to
10% of the gross remuneration of the artist increased by the VAT (normal rate: 19.6%). The
custom makes it possible for the agent to raise their commission by an additional 5% for
professional expenses. However, the expenses paid to the artist cannot be taken into
account. This commission is generally paid by the employer of the artist but can also be the
responsibility of the artist, depending on the terms of the mandate which binds the agent to
the artist. The profession of agents thus shows a commercial character, and agents are
enlisted in the trade register.
Since 1997, the FNSAAL (national federation of syndicates of literary and artistic agents)
r
e
pr
e
s
e
nt
st
hea
g
e
nt
s
’pr
of
e
s
s
i
on.I
tg
a
t
he
r
ss
e
v
e
r
a
la
g
e
nt
ss
y
ndi
c
a
t
e
s
,i
nc
l
udi
ngt
heAVJ
(syndicate chamber of pop and jazz agents).
The live show entrepreneur
According to the law of March 18, 1999, which, in dialogue with the profession, modernised
the order of October 13, 1945, a live show entrepreneur can be any person who exercises an
exploitation activity of live show venues, live show production or diffusion, only, or
within the framework of contracts signed with other live show entrepreneurs, whatever the
form of management, public or private, the goal lucrative or not, of these activities.
These activities are subject to obtain a live show entrepreneur licence issued by the
Ministry of Culture (more exactly by the Regional Directions of Cultural Affairs, which
represent it regionally). The licence is personal and inalienable. It can be allotted to an
individual (on justification of inscription to the trade register) or a legal entity. It is free, is
issued for a 3 year renewable period, and is subordinated to the conditions concerning the
competence or the professional experience of the applicant. It can be withdrawn if the
entrepreneur did not respect their obligations regarding labour laws and the rights of
intellectual property.
Only individuals or entities who do not have the exploitation of live show venues, live show
production or diffusion as their principal activity, as well as the grouping of voluntary
50
amateur artists, can occasionally exercise the activity of a live show entrepreneur without
holding a licence, within the limit of 6 performances per year.
We distinguish between three types of licences:
1) licence of venue exploiters, who assume their maintenance and development, to rent
them to a distributor or a producer/distributor;
2) licence of producers and tour agents, who have the responsibility for the show and that
of the employer concerning the artistic plateau. They choose and edit the performances, they
coordinate the human, financial, technical and artistic means necessary and assume the
responsibility for it;
3) licence of distributors, who provide a venue or a concert hall in functioning order to the
producer. They ensure, among others, the organisation of performances, the promotion of
the shows and the collection of receipts.
In addition, a live show is defined by the code of trade as a commercial activity. Whatever
the legal form (association or company) of the live show enterprise, it is comparable with a
company. The live show entrepreneur is consequently an employer of the artists, and
thus the person in charge of the respect of current legal and social obligations.
The law also distinguishes between professional and amateur live shows, according to the
criterion of remuneration of the artists. Amateur live shows are not subjected to these legal
provisions.
Live show enterprises can be made up in various legal forms, the most current forms are
associations law 1901 (the commercial nature of the activity is not incompatible with the
non-lucrative goal), SARL (a type of limited liability company), and SA (limited company)
for the largest. The venues exploited in direct control by public bodies and publicly-owned
establishments now also have to hold a licence.
The Manager
The law does not give a definition of a manager. Exploiting this legal gap, we can
consider that it authorises the placement of any person who is mandated by more than two
artists. This limitation does not apply for the interventions other than placement
(counselling, supervision of contracts, follow-up of their execution). But as soon as they
ensure the placement of artists, managers are in a delicate position, they can be accused of
51
illicit exercise of the agent profession, and experience cancellations of their signed
contracts.
The usual duration of management contracts is 3 renewable years.
The commission is normally determined freely, and generally varies from 10 to 20%. Just
like in the case of agents, the legal nature of the bond between artist and manager is
qualified as mandatory. We can thus distinguish between the mandate (the artist) and the
representative (the manager).
The association Music Manager Forum France, the subsidiary of the International
Manager Forum, (present in twenty countries) was created in Paris in order to gather the
interests of the profession. It does not defend the idea of a manager status, but thinks about
the questions of possible structures for the profession. In the same way, it refuses to propose
a standard contract, each artist-manager relation having its own particularities.
Contact:
Music Manager Forum France
MMFF Music Manager Forum France
23, rue D'Artois
75008 Paris
France
+33 6 86 67 41 11
[email protected]
www.mmffrance.com
7.
THE LEGAL FRAMEWORK: THE ARTIST, LABOUR LAW
AND PRESUMPTION OF EMPLOYMENT, EMPLOYMENT
OF FOREIGN ARTISTS AND CONTRACTS
7.1
LEGISLATIVE AND ADMINISTRATIVE ASPECTS
The legislative and administrative aspects of concert organisation concern:
52
- preliminary authorisation: the venue must have been subject to a safety visit. For unusual
places (open-air, tents, gymnasiums, etc..., often for festivals in particular), it is necessary to
obtain a favourable opinion from the commission of safety.
- other administrative formalities can be necessary and raised either by the municipality or
by the prefecture (prohibition of traffic or parking, establishments of banners or panels on
the public highway, use of a sound system on the public highway, installation of tents...)
- insurance (civil liability and damage insurance covering material damages)
- security service, which comes under a regulated profession (law n° 83-629 of July 12,
1983). One month before the expected date, the organisers of cultural events whose public
and personnel exceed 1500 people are obliged to declare the installation of a security service
at the town hall (or, in Paris, to the police force).
If the organiser employ
st
hes
e
c
ur
i
t
yg
ua
r
dsdi
r
e
c
t
l
y
,t
he
ymus
tc
onf
or
mt
ot
he“
c
o
mpa
ni
e
s
ofs
a
f
e
t
ya
ndg
ua
r
di
ng
”r
e
g
ul
a
t
i
on.
- declaration to the SACEM. A declaration in advance benefits from a reduction of 20% on
the tariff applied when the contract is not concluded before the meeting. The artist, the
representative of the artists in case of a group or the conductor, will fill in a programme of
works executed, provided by the SACEM to the organiser. On receipt of these documents,
which must be dispatched within the ten days following the concert date, the SACEM sends
a debit invoice.
- parafiscal tax is also collected by the SACEM on behalf of the CNV
The number of professional performing artists
According to the data of the INSEE (National institute of statistics and economic surveys),
at the time of the last census of population in 1999 in France, 15,000 professional music or
singing artists and 14,000 popular music artists (the latter category also includes circus and
music hall artists) were counted. This data remains approximate because they do not take
into account the fact that many musicians, who work under professional conditions, often
have other occupations (teaching, animation...) and can be temporarily listed among jobseekers. Thus, in 1998, the ANPE counted a little more than 7,000 music and singing artists
registered as job-seekers for less than a year.
53
The share of live shows remains dominating in the professional activities of musicians and
constitutes their principal source of income (although the average salaries are higher in the
phonographic industry).
Labour Law and presumption of employment
The activity of performing artists is controlled by the Labour Law and the law of 1969:
“Anyc
ont
r
ac
tbywhi
c
hape
r
s
onore
nt
i
t
yi
ns
ur
e
s
,i
nr
e
t
ur
nf
orr
e
mune
r
at
ion, the aid of a
performer for his production, is supposed to be a contract of employment since this artist
does not exercise the activity, subject of this contract, under conditions implying their
inscription with the trade register (article L. 762-1)
”. This article states clearly that artists
are renowned to have an employee status, unless they exercise their activity as selfemployed workers registered with the trade register; which is rather rare in France. This
presumption of employment also applies to foreign artists performing in France,
which implies the payment of taxes and important social security contributions by the
employer, even if foreign artists are not able to profit from their compensations in France
(social security, retirement, vacation...). This presumption remains whatever the mode and
the amount of remuneration as well as the qualification given to the contract by the parties.
Thus volunteership can easily be re-qualified as clandestine work. In the same way, the
payment of expenses (per diem) without a salary is illicit and is regarded as a disguised
salary, and thus is subject to the same taxes and contributions.
NB. The amateur practice can escape from this regulation but is also subjected to very
precise provisions. The grouping of amateurs, constituted with in the association law of
1901, can in fact be recognised by law since they do not pursue a professional goal and draw
their incomes from other activities, but must receive the approval of the Ministry of Culture
or be affiliated with an already approved federation of amateurs.
Performing artists in the musical sector thus have the same employee status as actors,
directors, or dancers. They can be employed individually or in a group- live show contracts
are CDD (fixed-term contract) for use and establish a direct relation between the live show

An artist coming from the Eurpoean Union can refute the presumption of employment, and work in France as an
independent, on condition of providing the E 101 form attesting its affiliation to a social security system in quality of a selfemployed worker in their country of origin. In this case, the artist can provide a provision of services by providing a supporting
accounting document (invoice).

The contrat can apply to a group of musicians provided that they mention the name and the salary of all artists and is signed
by one of the artists qualified as the representative of the group (who will also be able to collect the remunerations).
54
entrepreneur and the artist. The contracts of employment established with foreign artists are
identical but include an additional clause anticipating the automatic cancellation of the
contract if the employee does not follow the French legislation regulating the stay and work
of foreign nationals.

NB. The status of DJs is often determined by the quality of their employer (discotheque or
live show company). It can in fact be regarded as executing a work of an animator in a
discotheque (and not follow of the status of live shows but the general status of general
salary) or as performing artists.
7.2
EMPLOYING A FOREIGN ARTIST IN FRANCE
The former minister of culture, Jean-Jacques Aillagon, introduced a plan to reinforce the
hosting and training of artists and professionals of foreign cultures. Hosting conditions will
be improved and the entry in France facilitated. Thanks to the signature of a draft agreement
between the Ministry of Foreign Affairs and the Ministry of Culture and Communication,
artists invited to France by recognised cultural institutions can profit from a favourable
attention from the consular services for obtaining a visa, in exchange for respecting a code
of good behaviour. Moreover, the lightening of the issuing procedure of temporary work
permits for foreign artists from now on will be centered on the efficient control of
employment and work. Other measures will simplify the tax procedures and the social
protection of foreign artists:
-
extension in the field of application of a unique ticket office for occasional
shows
-
the possibility of affiliating with the French social security of employees
delegated by a company not established in France is reinforced
From March 1, 2004, the site www.artistes-etrangers.com allows access to a series of legal
and administrative information on the hosting of foreign artists.
All the relations between a foreign employee and a French employer, when the activity is
exercised in France, are controlled exclusively by the French law. Under the terms of the
55
principle of non-discrimination, foreign employees profit from the same rights, working
conditions and protection as French employees.
Artists coming from the European Union:
For artists coming from the European Union, the terms of application of the principle of free
movement imply that any paid activity is possible for them without a work permit. They are
authorised to return to France by simple presentation of their identity card or their passport.
Artists coming from countries outside the European Union:
For other foreign artists coming to carry out one or more artistic performances, a work
permit is essential. If the period of activity in France does not exceed three months, the artist
must obtain a provisional work permit (ATP) from the services of foreign labour of the
di
s
t
r
i
c
t
’
sdirections of labour. This permit is demanded by the employer on an individual or
collective basis, for groups. Also, since the law of May 11, 1998, a new residence permit
e
xi
s
t
sc
a
r
r
y
i
ngt
her
e
ma
r
k“
a
r
t
i
s
t
i
ca
ndc
ul
t
ur
a
lpr
of
e
s
s
i
on”
.I
ti
sr
e
s
e
r
v
e
df
ort
hea
r
t
i
s
t
s(
a
nd
only to the artists) whose activity in France exceeds three months, and to holders “ofan
employment contract or a contract of another nature than the employment contract, signed
with a company or an establishment (public or private) whose social objective is the
c
r
e
at
i
on,di
f
f
us
i
onand/
ore
x
pl
oi
t
at
i
onofi
nt
e
l
l
e
c
t
ualwor
k
s
”.This permit is issued for the
expected duration of the contract and for maximum one year.
For
e
i
g
na
r
t
i
s
t
ss
t
a
y
i
ngi
nFr
a
nc
ec
ov
e
r
e
db
ya“
s
t
ude
nt
”ore
v
e
n“
v
i
s
i
t
or
”r
e
s
i
de
nc
epe
r
mi
t
c
a
na
ppl
yt
oobt
a
i
nt
her
e
s
i
de
nc
epe
r
mi
tf
ort
he“
a
r
t
i
s
t
i
ca
ndc
ul
t
ur
a
lpr
of
e
s
s
i
on”
,ont
he
condition that they are able to produce a contract for one or the other of the categories
described above.
Social protection
Foreign artists profit from the same rights and the same protection and working conditions
as French employees. They are subject to the general social security system and, as long as
they stay in France, profit from the social security services: health, retirement, disability,
industrial accident, etc. Apart from the case where, under the regulations of the European

E.g.: Public presentation of a work (promotion, conferences, courses, etc.), recording of a work
(recording a record or a music video) or residency welcoming.
56
Union and the bilateral conventions passed regarding social security, the artists remain
attached to the system of their country of origin, the concert organiser is obliged to pay
unemployment insurance, supplementary pensions and paid vacation to the social security.
Artists delegated by a foreign company
A foreign company providing an artistic performance (shows, tours) to a French organiser
can be the employer of the artists if its producer role is established (the producer is the
initiative of the show and ensures responsibility for it). The following three criteria must be
met: the foreign entity is juridically made up; it decides only on the booking and dismissal
of artists; and it produces the show, i.e. it constitutes the dominating element of its concept
and its realisation. In case of a defect in respect of one of these conditions, the circular of
September 9, 1996 of the Direction of Population and Migrations specifies: “Whe
noneof
the three criteria is not met or the related written proof is not provided, it will be considered
that the foreign artists are the employees of the French organiser, i.e. the one who provides
the venue where the show takes place, who calls upon the public, who issues the tickets and
c
ol
l
e
c
t
st
her
e
c
e
i
pt
”.
The foreign company is obliged to declare the artists who it delegates to the French social
security and pay all contributions (social security, unemployment insurance, supplementary
pensions and paid vacation) related to these services. The Labour Law (article L. 341-5)
imposes equality of treatment between foreign and French artists. The employer can be
exempted from these contributions, if, within the framework of conventions and
international agreements, they provide proof that the artists are enrolled in the social
security system of their country of origin. For artists from the European Union delegated in
France, the employer must provide individual certificates of delegation of the social security
system of their country of origin (form E 101).
“Lar
e
t
e
nueàl
as
our
c
e
”(
I
nc
omet
ax)
As regards tax, foreign non-resident art
i
s
t
sa
r
es
ubj
e
c
t
e
dt
oa“
r
e
t
e
nueàl
as
our
c
e
”
, a type of
tax on the income whose declaration and payment is incumbent on the employer. Applicable
since January 1, 1990, the tax is 15% of the taxable net remuneration.
57
7.3
CONTRACTS
Live show diffusion is generally subject to contracts that define the relations between the
producer or the diffuser and the artists (or their representative), or the producer and the
diffuser. This practice of contractualisation, which is becoming more and more widespread
in Fr
a
nc
ea
ndont
heba
s
i
sofa“
s
t
a
nda
r
d”c
ont
r
a
c
t
,a
v
oi
dsma
nydi
s
put
e
spr
ov
i
de
dt
ha
tt
he
signatories have the legal capacity for it.
7.3.1
The contract of commitment of artists
The contract of commitment is a fixed-term contract of employment, which implies a direct
relation of employer with employee between the artist and the organiser of a show within
the framework of one or more performances. Contrary to a traditional contract of
employment, a contract of commitment can be signed for a group of artists (and not
individually) provided that one of the artists is duly elected by the other members of the
group to act as the signatory. This contract is practised with artists who do not have the
framework of a legal structure to exercise their activity professionally. In the contrary case,
many people in charge of venues feel reluctant to establish this type of contract which
obliges them to assume the responsibilities of an employer.
The contract of commitment of foreign artists is similar to that practised with French artists
but it includes, in general, a clause stipulating its resolution of whole rights if the artists are
not enrolled with the French legislation as for the terms of stay and employment. (see
attached an example of the contract of commitment of artists).
7.3.2
The contract of transfer of the exploitation rights of a performance
This contract is drawn up between the promoter (the employer of the artists) and an
organiser and stipulates that the promoter provides a legally available venue to the organiser,
for one or more performances in exchange for a flat-rate amount. So juridically this type of
contract corresponds to a right of exploitation yielded temporarily by a promoter to an
organiser; in practice it is assimilated to a sale contract ofa pr
ov
i
de
d“
t
ur
nk
e
y
”
performance. This type of contract is most frequently used by the diffusion structures in
France (venues as well as festivals).
58
The essential clauses for drawing up a contract of transfer in France:
The contract fixes the responsibilities and obligations of the contractors, and in practice, in
the following ways:
- The producer (producer and/or tour agent) must have the right of performance of the show.
This means that they must have agreed on necessary concerned conventions with authors or
a
ut
hor
s
’or
g
a
ni
s
a
t
i
ons
.
- The producer must fulfil formalities and obligations (preliminary declaration at the labour
office, payment of salaries and social security contributions) of employers towards the
artists and technicians who make up the artistic plateau.
- The organiser is required to provide the venue or the place of performance in functioning
order and to ensure the expenses (in particular salaries of the technical and administrative
staff in charge of the technical production, the hosting staff, and the maintenance of the
place).
- The organiser is responsible for ticket sales and the local promotion of the show, and it is
customary that the organiser discharges the payment of the patrimonial rights to the authors.
- The activity of live show entrepreneurs is regulated; the organiser and the producer must
hold a licence of live show entrepreneurs(except in the case of an occasional organisers).
- The contract must specify the price negotiated between the producer and the organiser, the
place and the schedule of the performance, as well as the characteristics of the show.
- It is customary to add a clause in to the contract concerning the additional costs related to
the execution of the contract (transport charge of the material and the artistic team,
subsistence costs...). These expenses are generally the responsibility of the organiser who
can take care of them directly or reimburse them to the producer.
The contracts of transfer are subject to a reduced VAT rate (5.5%), just like the majority of
the contracts of live performances. Subsistence and transport costs, insofar as they constitute
an element of the price of the service, are subject to the same rate.
7.3.3
The contract of co-realisation
The contract of co-realisation is rather similar to the contract of transfer; the difference lies
primarily in the terms of the financial agreement. Like the contract of transfer, the contract
of co-realisation is drawn up between the producer of a show and an organiser and stipulates

Case of a foreign entrepreneur coming from the EU.
59
that the producer agrees to commit, for a venue available legally to the organiser, one or
more performances in exchange for a share of the receipt gained at the show. The
responsibilities and the respective obligations of the producer and the organiser are the same
as in the previous contract, and the negotiation relates to the percentage on the receipts that
the two contractors will receive at the end of the performance. This type of contract is
almost always accompanied by a clause agreeing on a guaranteed minimum in favour of the
producer. This guaranteed minimum, fixed by the producer in agreement with the organiser,
is calculated in order to cover a part of the costs which fall to the producer.
This type of contract is particularly adapted for the shows of foreign artists still unknown in
France, faced with organisers that cannot release a big budget to programme them.
7.3.4.
The contract of co-production
This type of contract is very different from the two previous ones, as it applies to the logic
of live show diffusion. The contract of co-production implies an association (in fact or law)
between partners, who share financial means or services for the production (creation) and
the exploitation of a show. This contract, is more complicated to draw up on a legal level,
favours the production of a show when the principal producer cannot support its financial
cost alone. This is particularly used in the sectors of the theatre and the opera and remains
more marginal in the sector of popular contemporary music. In any case, it is not adapted to
a logic of live show diffusion in France.
7.3.5.
The contract of provision of services
There is no specific contract for live performance, but a general contract which allows the
delegation of a task in exchange for a financial agreement. The contract of service can be
drawn up, for example, between a producer, holder of the rights of exploitation of a show,
and a local entrepreneur (local promoter or tour agent, holder of a licence of live show
entrepreneur) who will be in charge of organising, on behalf of the producer, the
organisation of an event or a tour. The contract of service can in particular be drawn up by
foreign entrepreneurs, who benefit neither from a title equivalent to that of French live show
entrepreneurs, nor from a temporary licence, with the French entrepreneur holding the
licence corresponding to the planned activity.
60
NB: Reminder of the essential elements for drawing up of a contract of transfer or corealisation between a foreign producer and a French organiser:
- the foreign company must provide written proof of its inscription to a trade register or a
professional register in its country of origin,
- the foreign entrepreneur, being the employer of the artists, must provide the individual
certi
f
i
c
a
t
e
sofde
t
a
c
h
me
ntf
r
o
mt
hes
oc
i
a
ls
e
c
ur
i
t
ys
y
s
t
e
m oft
hea
r
t
i
s
t
’
sc
ount
r
yofor
i
g
i
n
(E101 form for the artists coming from the EU),
- the booking of a foreign performance by a French organiser (having an EU-national
producer) is subjected to the French VAT. The foreign producer will have to name a French
tax representative who will discharge VAT owed (which is generally 5.5% of the amount of
the contract). If the French organiser is subject to VAT, they can be designated as the tax
representative of the foreign producer.
8.
PROMOTION
France is equipped with a rather great diversity of venues and cultural facilities as for size,
programming, status and the sources of financing (specialised places of diffusion, generalpurpose venues, new venues of the industrial fallow type...). By considering the evolution of
the sector and the growth of the venue offer, one can very schematically distinguish between
5 types of places dedicated mainly or partially to popular contemporary music:
- Scenes of Current Music (SMAC): The denomination SMAC corresponds in a
way to a label set up by the Ministry of Culture. In return for a financial aid granted by the
Ministry (through the DRAC, Regional Direction of Cultural Affairs) and the local
authorities, SMAC has to match a specification comprising the obligations in terms of
artistic diffusion, in accompaniment of developing artists and training. 130 venues are
subsidised within the framework of this label, and in spite of the relatively heterogeneous
characteristics and operations, these venues function rather well in the network and are,
without question, the most favourable places for discovering new artists. They have
budgetary constraints, however (related to their specification, in particular), which
sometimes limit their possibilities regarding the booking of shows or the remuneration of the
artists.
- The Zeniths are the first facilities dedicated to popular contemporary music that
we
r
ebui
l
tt
ohos
t“
t
hebi
g
”Fr
e
nc
ha
ndf
or
e
i
g
np
r
oduc
t
i
ons
.The
r
ea
r
e11Ze
ni
t
hsin France,
built with the support of the State in large cities (Paris, Montpellier, Toulouse, Toulon,
61
Caen, Rouen, Lille, Pau, Clermont-Ferrand, Nancy, Orleans), with flexible capacities which
can accommodate up to 7000 or 9000 spectators. Contrary to the SMAC, the Ministry of
Culture does not take part in the financing of their operations; it is ensured by their own
receipts (ticket sales) and the subsidies of the cities.
- The national and conventional stages: The l
a
be
l“
national stage”
,created in
1992 by the Ministry of Culture, gathers a little more than 60 establishments which have the
role of supporting artistic productions and diffusions. These venues are obliged to have a
multidisciplinary programming (theatre, dance, music) but popular contemporary music is
still rather under-represented except for jazz, French chanson and world music. The
conventional stages correspond to a new label recently set up by the Ministry of Culture,
and covering a network of about sixty venues rather comparable with the national stages.
This label is given to places already subsidised by local authorities and whose programming
is either multidisciplinary, or more specialised. These two types of venues function rather
spontaneously in diffusion networks and are characterised by cross-financing; Ministry of
Culture (DRAC), local authorities, cities and receipts of ticket sales.
- Small venues and venues related to local authorities: This category, a bit
hotchpotch, gathers a great diversity of venues: municipal theatres, c
ul
t
ur
a
lc
e
nt
r
e
s
,MJ
C’
s
(community youth clubs and arts centres), small venues or alternative venues managed by
associations. Their method of management, financing (direct management by the cultural
service of the city, management delegated by the city to an association...) and the nature of
t
he
i
rpr
og
r
a
mmi
nga
r
ea
l
s
ov
e
r
ydi
v
e
r
s
e
.TheMJ
C’
sand associative venues have generally
relatively limited financial means, but they are often venues for discovering new artists and
new musical genres. Some of these pl
a
c
e
sa
l
s
opr
of
i
tf
r
omt
hel
a
be
l“
SMAC”
.
- Theatres and private venues: These places are quasi exclusively concentrated in
Paris, and are financed primarily by their own receipts. Certain Parisian private venues
dedicated to popular contemporary music, are managed by tour agents and/or live show
entrepreneurs (e.g. LaCi
g
a
l
e
,l
’
El
y
s
é
eMont
ma
r
t
r
e
...) and host foreign productions regularly
(on the basis of hiring the venue or a division of receipts...).
62
Contacts of the principal concert venues in Paris and their artistic director:
L’
El
ys
é
eMont
mar
t
r
e(pop, rock, world, jazz, electro, hip hop, French Chanson):
72 bd Rochechouart
75018 PARIS
France
+33 1 44 92 45 36
www.elyseemontmartre.com
NANTILLET Nicolas
[email protected]
Le Bataclan (pop, rock, world, folk/bues):
50 Bd Voltaire
75011 Paris
France
+33 1.43.14.35.35
FRUTOS Jules
[email protected]
POUBELLE Olivier
[email protected]
+33 1 43 14 20 67
La Cigale (pop, rock, world, jazz, electro, folk/bues, French Chanson):
120 boulevard de Rochechouart
75018 Paris
France
+ 33 1 49 25 81 75
www.lacigale.fr
MIMRAM Corinne
[email protected]
Le Divan du Monde (pop, rock, world, jazz, electro, hip hop, French Chanson):
75 rue des martyrs
75018 Paris
France
c/o SAS Atalou
7/15 av. de la Porte de la Villette
75019 PARIS
France
+33 1 40 05 06 99
www.divandumonde.com
[email protected]
FOUCHER David
[email protected]
La Boule Noire (pop, rock, world, jazz, electro, folk/blues, French Chanson):
120 bd de Rochechouart
75018 PARIS
France
+33 1 49 25 81 75
ROSSELIN Jean-Paul
[email protected]
63
Le Nouveau Casino (pop, rock, electro, hip hop):
109 rue Oberkampf
75011 PARIS
France
+33 1 43 57 57 40
www.nouveaucasino.net
[email protected]
CUINIER Nicolas
[email protected]
Le Triptyque (pop, rock, world, jazz, electro, hip hop):
142 rue Montmartre
75002 Paris
France
+33 1 40 28 05 55
www.letriptyque.com
[email protected]
BARBOTTIN Benoît
[email protected]
La Maroquinerie (world, jazz, folk/blues, French Chanson, Celtic):
23, rue Boyer
75020 Paris
France
+33 1 40 33 30 60 / 35 05
www.lamaroquinerie.fr
[email protected]
POUBELLE Olivier
[email protected]
Mai
nsd’
Œuvr
e
s(rock, electro, world, hip hop):
1 r Charles Garnier
93400 SAINT OUEN
France
+33 1 40 11 25 25
www.mainsdoeuvres.org
[email protected]
ROUSSEAU Benoît
[email protected]
LeGl
az
’
ar
t(pop, rock, world, jazz, electro, hip hop, French Chanson):
7/15 av. de la Porte de la Villette
75019 PARIS
France
+33 1 40 36 55 65
www.glazart.com
[email protected]
SZKUDLAREK Peggy
[email protected]
64
As already mentioned previously, there are also numerous festivals throughout the territory
and spread out over the whole year, even if the period from June to September is the most
important.
9.
NETWORKS
Networks gather the different venues by structure type (FFMJC for youth club and arts
centres, Réseau Chaînon for small and average capacity multidisciplinary venues, for
example) or by artistic affinity. One can thus name FEDUROK for current/amplified music,
Fédération for jazz venues, Technopol for electronic music...
Venues belonging to the Fédurok network on March 16, 2004:
•Abordage: Ev
r
e
ux•Agora: LeHa
v
r
e•Antipode: Re
nne
s•Art'Cade: SainteCroix-Volv
e
s
t
r
e•Astrolabe: Or
l
é
a
n
s•Bato Fou: Saint-Pierre - LaRé
uni
on•Brise
Glace: Anne
c
y•Cave à Musique: Mâ
c
on•Chabada: Ang
e
r
s•Chato'do: Bl
oi
s•
Clef: Saint-Germain-en-La
y
e•Confort Moderne: Poi
t
i
e
r
s•Coopérative de Mai:
Clermont-Fe
r
r
a
nd •Cr
i
’
Ar
t
:Auc
h •Cylindre: La
r
nod •Des Lendemains qui
chantent Tul
l
e•File 7: Ma
g
nyLeHong
r
e•Florida: Ag
e
n•Fuz
z
’
Yon:La-Rochesur-Yon•Gare: Cous
t
e
l
l
e
t•Grand Mix: To
ur
c
oi
ng•Grenier à Sons: Ca
v
a
i
l
l
on•
Krakatoa: Mé
r
i
g
na
c•Luciole: Al
e
nç
on•Lune des Pirates: Ami
e
ns•Manège:
Lor
i
e
nt•MJC Montluçon: Mo
nt
l
uç
on•Moulin: Ma
r
s
e
i
l
l
e•Moulin de Brainans:
Pol
i
g
ny •Nef: Ang
oul
ê
me•Ninkasi Kao: Ly
on •Noumatrouff: Mul
ho
us
e•
Olympic: Na
nt
e
s•Omnibus: Saint-Ma
l
o•Ouvre-Boîte: Be
a
uv
a
i
s•Passagers du
Zinc: Avig
non • Plan: Ris-Or
a
ng
i
s • Réservoir: Pé
r
i
g
ue
ux • Rio Grande:
Mont
a
ub
a
n •Rocksane: Be
r
g
e
r
a
c •Run Ar Puñs: Châ
t
e
a
ul
i
n •Tamanoir:
Ge
ne
v
i
l
l
i
e
r
s•Tandem: Toul
on •Tannerie: Bourg-en-Br
e
s
s
e•Ubu: Re
nne
s•
Victoire 2: Mont
pe
l
l
i
e
r•Vip: Saint-Na
z
a
i
r
e•West Rock: Cognac
Likewise for festivals, we can name AFIJMA (Association of Innovative Jazz and Current
Music Festivals) for jazz, and Zone Franche for world music (which gathers festivals but
also labels, agents, etc...).
As for the FAMDT (Federation of traditional music and dance associations), it has a
promotion and diffusion activity of the various aspects (research, documentation, creation)
of traditional music.
65
Several European networks have relays in France: European Jazz Network (Banlieues
Bleues in the Parisian area), European Forum of Worldwide Music Festivals (les Hauts de
Garonne in Bordeaux, Musiques Métisses in Angoulême, Africolor in Saint-Denis, les Nuits
At
y
pi
que
si
nLa
ng
on,l
e
sSudsi
nAr
l
e
s
,l
aFi
e
s
t
ade
sSudsi
nMa
r
s
e
i
l
l
e
,Mus
i
ques
url
’
î
l
e in
Nantes), Yourope - European Festival Association (Les Méditerranéennes de Céret), the
European Network of Traditional Music and Dance (related to the FAMDT).
The most renowned festivals also serve as meeting places for professionals, the Printemps
de Bourges (with the Tam-Tam salon with an international vocation, and the Printemps
Network which has several European correspondents) or the Transmusicales of Rennes
(whose discovery function is largely recognised).
10.
THE UNIONS
Live show entrepreneurs are represented by various unions:
PRODISS replaces SYNPOS, and from now on joins producers together, diffusers and users
of the most representative concert venues of the popular music sector. PRODISS, whose
number one objective is to take care of the respect and the perennity of cultural diversity,
gathers more than 240 producers, diffusers and concert venues of chanson, popular and
popular contemporary music, private and subsidised.
SYNDEAC gathers the employers of subsidised live shows (national stages, certain
festivals, more representative of the theatre sector).
SNES primarily gathers music (classical and popular) producers and tour agents, but also
theatre and dance, all stemming from the private sector.
SYNAPSS-USR gathers small and average capacity venues.
SYNPTAC gathers primarily technical, administrative and hosting staff of live show
companies (all artistic disciplines).
11. CONTACTS FOR TOUR ORGANISATION IN FRANCE
Non-exhaustive list of useful contacts for tour organisation in France
Tour Merchandising
66

Encore Merci
47 rue de la Sablière 75014 Paris
Tel: 33 1 45 42 24 24
[email protected]
contact: David Sechan

Oscar
9 rue des Olivettes BP 41306
44013 Nantes CEDEX 1
Tel: 33 2 40 89 12 00
[email protected]
contact: Jérome Maleinge
www.oscar.tm.fr

Flight Charmandising
Bp 99 - 93104 Montreuil CEDEX
Tel: 33 1 41 72 10 10
[email protected]
contact: Ludovic Siffre
www.charmandising.com

Goeland Productions
BP 169 –93104 Montreuil CEDEX
Tel: 33 1 48 51 76 01
[email protected]
contact: Olivier Renard
www.goeland.fr

I
ma
g
i
n’
Ac
t
i
v
e
8 Hameau La Fontaine 75016 Paris
Tel: 33 1 42 88 92 27
[email protected]
contact: Lyliane De Florival
www.imagin-active.com
67
Backline

HOCCO
13, rue Camille Groult 94 400 Vitry Sur Seine
Tel: 33 1 43 91 15 15
[email protected]
contact: Jean Claude Grall
www.hocco.fr

Ned Music
6 rue Damiens 92100 Boulogne Billancourt
Tel: 33 1 46 21 17 17
contact: Guy Boyer

BBS
44/46 Rue Benjamin Delessert 93500 Pantin
Tel: 33 1 48 46 68 46
[email protected]
contact: Pascal Graticola
www.bbs-backline.com

Eurobackline
Paris Tel: 01.46.82.00.00
Marseille Tel: 04.91.67.01.00
Bordeaux Tel: 05.56.32.31.93
www.eurobackline.com
[email protected]

NewLoc Toulouse
33 Av. des Arènes 31130 Balma
Tel: 33 5 62 57 00 42
[email protected]
contact: Gilles Guiraud
http://www.newloctoulouse.fr/
68

Newloc Paris
Tel: 33 1 48 34 48 48
[email protected]
contact: Dominique Gros

Newloc Strasbourg
Tel: 33 3 88 30 68 50
[email protected]
contact: Didier Hoffman
Transport

TRANS'ART
16 chemin latéral au chemin de fer 93 500 Pantin
Tel: 33 1 48 40 70 30
Services offered: Minibus 9 places coverage: Europe

Alternative Location
96 rue Marcel Sembat 33130 Begles
Tel: 33 6 08 99 02 77
contact: Stéphane Giraud
[email protected]
Services offered: Minibus rental, converted for tours, 6 to 9 places, holds backline of 4 to
78m³, national coverage.

Clockwork
6 bis rue du Colonel Taylor 85600 Montaigu
Tel: 33 6 07 97 35 02
contact: Stéphane Pietrucci
Services offered: Minibus 9 places, 6 m³ for backline and stage manager, international
coverage.
69

Locabest
39Av
.Fo
nt
a
i
ne
bl
e
a
u94270Kr
e
ml
i
nBi
c
e
t
r
ePor
t
ed’
I
t
a
l
i
e
Tel: 33 1 49 60 20 00
contact: Pascal Florestano
Services offered: Minibus 9 places, 6 m³ for backline, utility and industrial vehicles, from 2
to 55 m³ (with or without driver), coverage: Europe

Reservoir Tour
18 rue Adolphe Cherioux 92130 Issy Les Moulineaux
Tel: 33 1 41 08 98 20
[email protected]
contact Buba Doyen
Services offered: Minibus 9 places, with or without production, coverage: France, Europe
Hotels

CMT C'est ma tournée
44 rue de Miromesnil 75008 Paris
Tel: 33 1 53 30 83 55
Contact Martine Mezzadra

Helene Khim-Tit Organisation
2 impasse du Château 78125 Orphin
Tel: 33 6 80 89 54 69
[email protected]
contact: Hélène Khim-Tit
Services offered:Hot
e
lr
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s
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r
v
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.
70
III. MEDIA
1.
PRESS
1.1
GENERAL AND SPECIALISED PRESS
General press,da
i
l
y(
l
eMonde
,Li
bé
r
a
t
i
o
n,l
ePa
r
i
s
i
e
ni
nPa
r
i
s
,a
swe
l
la
sl
’
Huma
ni
t
éa
nd
le Figaro) and some cultural weekly magazines (Télérama) constitute a media open to
specialised current events. Often privileged for its quality, it acts more in terms of image and
recognition than sales (except Télérama, with its keys for record columns in particular).
Regarding specialised press, editors, rather overcautious in the beginning, finally decided
to use the Internet as a privileged information medium supplementing their paper media.
1.2
PRESS BY MUSICAL GENRE AND ITS CIRCULATION IN NUMBER OF COPIES
- Pop/Rock:
Les Inrockuptibles: 70 000 copies
Rolling Stone: 120 000
Rock & Folk: 50 000
Rock Sound: 55 000
Magic: 45 000
Guitar Part: 50 000
Ne
w’
Zi
k
:85000
Rock Mag: 50 000
- Hard-rock:
Hard & Heavy: 40 000
Hard Rock Magazine: 30 000
71
- Rap,R’
n’
B:
Groove: 50 000
R&B:40 000
Ragga: 50 000
RAP: 85 000
RER: 35 000
The Source: 70 000
Reggae Magazine: 40 000
Track List
- Electronic Music:
Trax: 40 000
Coda
Onl
yForDJ
’
s
BPM
- Chanson, French pop:
Chorus
Platine
- Blues, jazz:
Diapason: 60 000
JazzMan: 35 000
Le Monde de la Musique: 50 000
Jazz Mag
Jazz Hot
Jazz Notes
Soul Bag
Jazz Magazine
- World, traditional, celtic music:
Le Monde de la Musique: 50 000
Diapason: 60 000
Univers Celtes: 40 000
Tr
a
d’
Ma
g
a
z
i
ne
World Musique Destination
72
- Free press:
Epok, the magazine of the FNAC, printed in 400,000 copies (300,000 distributed to
members),
MCM Mag: 90,000 copies, published by television channel MCM
Mondomix Papier: 100,000 copies, magazine of Internet site mondomix.com, world music
portal
Long
ue
urD’
Onde
s
:100,000 copies, distributed all over France at concerts and festivals
Campus Mag: 165,000 copies, distributed in universities
1.3
CYBER –PRESS
Cyber-press was late in developing but nevertheless more and more sites and portals exist
with informative contents launched by traditional media: inrocks.com, ouirock.com,
r
f
i
mus
i
que
,mc
m.
ne
t
,… as well as specialised webzines: mondomix.com, reggaefrance.com,
digitalhip-hop.com,
jazzmagazine.com,
digitalrockvision.com,
keyboards.fr,
hardrockmagazine.com,
musicrun.com,
openmag.fr,
jazzhot.net,
rollingstone.fr,
longeurdondes.com, chronicart.com, lehiphop.com, musicactu.com, novaplanet.com.
2.
RADIO
In 1981, the FM liberalisation causes an expansion of local, private, independent and
associative radios, and an unprecedented development of this media. Previously, the radio
was a state monopoly, thus only Radio France and the peripheral radio stations, RTL,
Europe I and RMC existed.
Today, with more than 6000 exploited frequencies, the French radio-phonic landscape is a
unique case in Europe. 99.1% of French households are equipped with a radio and 62% of
listeners mention music as the most important reason for listening. Music on the radio
represents less than 40% of radio listening in France according to Music & Copyright.
However, the audience remains very concentrated (33 stations representing 95% of the
audience in France) as well as musical programming (the top 40 represents nearly 2/3 of the
programming of the FM networks).
73
After years of trial and error, the radio seems to have reached a certain maturity
(stabilisation of networks) and a ceiling of listeners. The principal questions crossing the
sector relate to the diffusion quotas of francophone music, the weight of networks on the
radio-phonic landscape, with consequences that risk musical pluralism, touched by the
tendency of reducing play-lists.
Networks, having found their positioning and public, are trying to extend their weight
regionally, while remaining essentially local.
And lastly, new methods of diffusion record good results:
- 3.8 million French per month listen to the radio via cable or satellite,
- according to the Ipsos survey Profiling, in December 2003, 28% of French Net surfers state
that they listen to radio via the Net. The average listening duration is 65 minutes.
The monthly volume of listening via Internet was multiplied by 10 between the beginning of
2001 and the end of 2003, with a peak between 9 and 17 hours. It is also noted that 37% of
listeners are connected at their work place to mitigate the absence of a set.
French supply reaches 300 free FM radios and almost 100 Web radios accessible online.
(Cf. the directory site of radios on Internet: www.comfm.com). The most listened to radios
are Skyrock and Radio France and RTL for public radios.
2.1
THE LEGAL FRAMEWORK: QUOTAS OF DIFFUSION (LAWS OF 1986 AND 2000)
CSA (the Superior Audiovisual Council) is the competent administrative authority regarding
radio and television. It delivers broadcast authorisations and guarantees respect of
legislation.
The audiovisual law of September 30, 1986, imposes quotas on the diffusion of
francophone music on radios. It was revised by the law of August 1, 2000 (which more
largely aims at adapting the communication sector faced with the development of Internet).
The proportion of musical works performed in French or a regional language used in France
must reach a minimum of 40% of musical programmes - including at least half (20%) by new talents or new productions, diffused at significant
listening hours. (Chérie FM, Europe 2, NRJ, RTL 2 and Skyrock chose this option)
74
The revision of August 2000 allows CSA to authorise the following exemptions for
specific formats:
-
60% francophone titles, including minimum 10% by new talents or new
productions° and at least one title per hour on average, for radios specialised in highlighting
mus
i
c
a
li
nhe
r
i
t
a
nc
e(
“
ol
di
e
s
”f
or
ma
t
:Nos
t
a
l
g
i
e
,RFM,MFM)
,
-
35% francophone titles, including minimum 25% by new talents, for radios
s
pe
c
i
a
l
i
s
e
di
npr
omot
i
ngy
oungt
a
l
e
nt
s(
“
y
out
h”f
or
ma
t
:FUN, VOLTAGE, ADO FM, OUI
FM,CONTACT,KI
SS,…)
.
Even if the diffusion of music on radio still has serious limits (in particular for specialised
repertoires), this law allowed a spectacular growth in album sales of national pop and
largely contributed to the recovery of a threatened sector.
2.2
RADIOPHONIC LANDSCAPE
National Radios
Private general radios:
RTL
Europe 1
RMC
75
Private music radios:
NRJ
Rire et Chansons
Nostalgie (classified most musical by Yacast° with a total of 140,932 musical diffusion in
2003)
Chérie FM (diffused most international pop, 31% of diffusions in 2003)
Europe 2
Skyrock
RTL 2
Fun Radio
RFM
MFM
Public general radios (Radio France):
France Inter
France Info
Radio France Internationale (RFI)
France Culture
France Bleu
Public music radios (Radio France):
France Musiques
Radio Classique
Loc
a
lr
adi
os(
FM’
soft
hepr
ovi
nc
e
)
.
Private local radios:
Local independent radios dynamise regional radios. They often obtain a higher audience
than national radios at local levels.
The group of“
I
n
de
pe
nde
ntr
a
di
o
s
”g
a
t
he
r
s93l
o
c
a
ls
t
a
t
i
onswhot
og
e
t
he
rr
e
pr
e
s
e
nt11.
4%
of the audience. One can mainly retain: Wit FM (Bordeaux), Scoop (Lyon), Ouï FM,
Voltage, Kiss FM (Paris), Top Music (Strasbourg), Contact FM, Alouette (Nord Ouest) and
Radio Star (Marseille). Yacast allotted the title of the radio diffusing the most of new music
in 2003 to Champagne FM, another radio of the group, with 85% of diffusion.
°
Research and analysis centre of television, radio and advertising diffusions
76
Public local radios (Radio France):
TheMouv
’
,ar
oc
kr
a
di
oc
r
e
a
t
e
di
nToul
ous
ei
n1
997t
a
r
g
e
ts the 15-24 year olds.
FIP is classified as the most eclectic radio by Yacast with a diffusion of 21,899 different
titles in 2003. It is also the radio which diffused the most blues/jazz (22%) and world music
(12%) in 2003.
Associative radios
Associative radios have independent programming. Some of them are organised in networks.
-
Ferarock: the federation of associative rock radios (23 French radios, 3 Belgian
and Canadian radios). It edits two classifications, one monthly and another
weekly. Site: www.ferarock.com
-
Iastar: the French federation of student radios. It gathers 18 Campus Radios and
offers a monthly classification of the 40 most diffused albums on student radios.
Site: www.radio-campus.org
To note: the classification Power 70 established by Musique Info Hebdo which analyses
single diffusions on the antennas of general independent radios, and Muzicast 100,
classification carried out from musical diffusions 24/7 listed on radios of the YACAST
panel.
77
2.3
MUSICAL GENRES
Distribution of different musical genres:
In terms of diffusion
In terms of audience°
Francophone pop
19% (-1)
31% (-1)
International pop
9% (+1)
11% (+1)
International pop/rock
23% (-)
19% (+1)
Gr
oov
e
/
R’
n’
B
18% (+2)
14% (+1)
Dance
11% (-2)
6% (-2)
Rap
6% (-2)
6% (-3)
Francophone pop/rock
8% (+2)
7% (+1)
Ragga/Reggae
3% (-)
3% (+1)
Others
3% (-)
3% (+1)
Source: Médiamétrie
Rock and pop represented more than one quarter of the music supply in 2003. This
represents a true reinforcement of the genre on the waves. Among radios diffusing pop/rock,
we find RTL 2 and Ouï FM in Paris (the radio diffusing most pop/rock in 2003 with 92%,
according to Yacast). Moreover, the installation of a rock format on Mouv' contributed to
t
hi
st
e
nde
nc
y
.Ge
ne
r
a
l(
Fr
a
nc
eI
nt
e
rwi
t
hda
i
l
ypr
og
r
a
mme“
C’
e
s
tLe
noi
r
”
)a
nds
omel
oc
a
l
stations also have specialised programmes. To note: The most diffused title in 2003 was
“Whi
t
eFl
ag”byDI
DO.
Rap/
R’
n’
B:Skyrock introduced rap on FM and still remains the radio broadcasting this
musical genre the most with 53% of diffusion in 2003 (Yacast). Ado FM (Ile de France) is
t
hes
pe
c
i
a
l
i
s
e
dR’
n’
B/
g
r
oov
er
a
di
obr
oa
d
c
a
s
t
i
ng62% oft
hi
sg
e
nr
ei
n2003.Craig David
wi
t
h“Ri
s
eandFal
l
”r
e
ac
he
ss
e
c
ondpl
ac
ei
nt
hege
ne
r
alc
l
as
s
i
f
i
c
at
i
onofr
adi
ot
i
t
l
e
si
n
2003 (top 100) carried out by Yacast. In Paris, we can also name Générations 88.2 and
Radio Nova.
°
diffusion weighted by the audience every quarter of an hour
78
World music is diffused primarily on Radio Nova (Paris, Montpellier, Angers, Dreux), RFI,
FIP, Radio Latina for Latin music, and community radios (Radio Soleil, Méditerranée,
Mé
d
i
aTr
opi
c
a
l
,Ra
di
oAl
i
g
r
e
,Al
f
a
,Be
urFM … i
nt
hePa
r
i
s
i
a
nr
e
g
i
on)
.Some local radios
are also very open to traditional and world music (Campus in Toulouse, Coteaux in Auch
and Tarbes, Grenouille in Marseille). On general radios, only some programmes are devoted
to this musical genre, s
uc
ha
sFr
a
n
c
eMus
i
quea
ndFr
a
nc
eCul
t
ur
e(
“
Equi
nox
e
”–Caroline
Bourgine).
French chanson has some specialised programmes with good reputations, such as: on
Fr
a
n
c
eI
nt
e
r(
“
Lepopc
l
ub”–J
os
éAr
t
ur
,“
Lepon
tde
sa
r
t
i
s
t
e
s
”–Isabelle Dhordain,
“
Pol
l
e
n”–Jean-Lou
i
sFoul
qui
e
r
,“
LeFouduRoi
”bySt
é
ph
a
neBe
r
ne
)a
ndonFr
a
nc
e
Cul
t
ur
e(
“
Cha
ns
on
sda
nsl
anui
t
”–Hélène Hazera).
Jazz is diffused in specialised programmes on general radios: Fr
a
nc
eI
nt
e
r(
“
Ex
t
é
r
i
e
urj
a
z
z
”
–Julie
nDe
l
l
iFi
or
i
)
,Fr
a
nc
eCul
t
ur
e(
“
Bl
a
c
ka
ndbl
ue
”
,Al
a
i
nGe
r
be
r
)a
ndFr
a
nc
eMus
i
que
(
“
Lej
a
z
ze
s
tunr
oma
n”- A.Ge
r
be
r
,“
Lej
a
z
zpr
oba
bl
e
me
nt
”–Xa
v
i
e
rPr
é
v
os
t
,“
J
a
z
z:
s
ui
v
e
zl
et
hè
me
”–Ar
na
udMe
r
l
i
n,“
J
a
z
zdec
œur
,j
a
z
zdepi
que
”- Al
e
x.Dut
i
l
h
,
…)
.Some
local and associative radios also devote an important, even quasi-exclusive place to it: FIP
in Paris (Jazz à FIP en soirée), Fréquence Jazz in Lyon, Génération Paris Jazz, TSF in Paris
(
“
J
a
z
zt
r
i
bune
”byJ
e
a
n-Michel Proust).
Dance is represented in Paris by Radio FG and Voltage. Big networks took over the
specialised programmes on local radios, but even there, new artists are diffused rarely.
Contact FM (Lille) programmed 79% of dance in 2003 according to Yacast.
Electronic music is programmed on Radio Nova and Radio FG but generally suffers from
the absence of specialised radios. It is found in general programmes, on the periphery: “
A
t
out
ea
l
l
u
r
e
”byGé
r
a
r
dLe
f
or
ta
nd“
El
e
c
t
r
onl
i
br
e
”b
yDi
di
e
rVa
r
r
odonFr
a
nc
eI
nt
e
r
,
“
Zi
k
we
b”byFr
a
nc
i
sZe
g
utonRTL.
The share of francophone diffusions (24h/24h, balanced by the audience) in 2003 remains
stable (47%) compared to 2002. It is dominating on general radios (52%) and less strong on
youth networks (36%).
The most francophone radio in 2003 is France Bleu with 70% of diffusions in French.
79
Oldies (productions older than 3 years) progress in a strategic way on certain very targeted
radios.
80
2.4
ROTATION OF TITLES AND EVOLUTION OF PLAYLISTS, CLASSIFICATIONS
In 2003, the total number of different titles diffused adds up to 66,107 (+ 10% compared to
year 2002) including 22% francophone, 55% international and 23% instrumental titles. For
over all radios, the audience for new music represents 52% against the 41% audience of
“
ol
di
e
s
”f
or
ma
tt
i
t
l
e
s
.Thi
sme
a
nst
ha
tbarely one out of two titles heard by the listener is
new music. One feels the weight of oldies networks (Nostalgia, RFM, Blue MFM and
France) where the diffusion of new music is concentrated over weak listening hours.
The reduction of playlists continues in a worrying way. The average rate of weekly
rotation is 6.5 for francophone and 4.8 for international titles (both in increase). Certain
stations reach a record of concentration level, for francophone titles in particular (Ado
FM=14,3). The rates of francophone rotation are always higher on youth networks (around
10 on Fun Radio, NRJ and Skyrock). The number of different titles per week continues to
drop: 260 on NRJ, 291 on Fun, about 737 on Nostalgie, 210 on Voltage. Overcautiously,
even specialised radios take less and less risks in their programming and privilege sure
values. The most diffused artist in 2003 was Jean-Jacques Goldman with 66 different titles.
Trimestrial analysis of average weekly rotation of different titles and artists by format
Formats
(2003):
Number of different titles diffused
Number of different artists diffused
Min
Max
Ave
Min
Max
Ave
Young
192
447
320
130
359
241
Young adult
155
1611
616
92
1132
381
Adult
390
949
638
198
476
307
General
123
1160
613
111
698
418
Source: Yacast 2003
KEY INDICATORS OF YEAR 2003 DIFFUSIONS
AVERAGE WEEKLY ROTATION BY TITLE (24h/24h):

Francophone titles: 6.5 diffusions (6.5 in 2002 and 6.1 in 2001)

International titles: 4.8 diffusions (4.7 in 2002 and 4.5 in 2001)
81
TOTAL NUMBER OF ENTRIES ON PLAYLISTS: 2 827 titles (+3.3% compared to 2002),
including:

Francophone titles: 32% of entries, i.e. 907 titles (+9 compared to 2002)

International titles: 59% of entries, i.e. 1670 titles (+111 compared to 2002)

Instrumental titles: 9% of entries, i.e. 250 titles (-29 compared to 2002)
Regarding changes, we can thus see a fall of instrumental, a stability of francophone and a
progression of international titles.
3.
TELEVISION
In 2003, the French from age 4+ make up an average daily audience of 3 hours 22 minutes,
thus television represents the most consumed media in France.
3.1
TERRESTRIAL TELEVISION
The place for music on television drops regularly (8.4% of the programming in 2000).
Generally, cultural programmes are concentrated at night and over the summer period. In
France almost no regular music programme remains, only special evenings and
entertainment (Michel Drucker, Jean-Pierre Foucault...) are present during prime time.
Award ceremonies are relatively well broadcast. Beside the traditional Victoires de la
Musique awards and Eurovision, TF1 and NRJ launched the NRJ Music Awards (French
and international stars) and M6 the M6 Music Awards, both very close to their respective
play-lists. These televised shows have a very positive effect on the albums sales of the
invited artists.
Offers of music programmes on terrestrial channels in 2002 (documentaries and
magazines):
France 2
France 3
France 5
Arte
TF1
M6
Canal+
75h13
37h45
93H56
114H24
15H24
90H11
13H03
Source CSA
82
M6 considerably reduced the share reserved for music in its programming and created a
channel available on satellite and cable, M6 Music, which is exclusively reserved for music.
On M6, time slots devoted to video music diffusion were restricted to morning (6h-7h) and
night (1h-4h/5h). The channel also offers magazines devoted to popular contemporary
musical events.
The profession regularly complains that the public service (France 2, France 3, France 5 ARTE) is led to play a major role to improve the place for music on television, the
terrestrial channels being regarded as one of the essential means of record promotion.
France 2 and France 3 are obliged to diffuse music programmes.
On France 2, the weekly programmes are CD’
Auj
our
d’
hui(lasts 90 seconds and deals with
all genres, with nearly 10 million viewers in 2002, celebrating its 3rd birthday in 2004) and
Mus
i
que
sauCœur(classical) attracts an audience dedicated to music. There is also an
programme diffused every 2 months, Trafic Music, presented by Guillaume Durand at 11pm.
Music represents 18% of its cultural programmes.
France 3 concentrates on classical music with programmes like Les Matinales, Toute la
mus
i
quequ’
i
l
sai
me
nt
. Sorties de nuit is more eclectic and deals with popular contemporary
musical events in general. Music represents 12% of these cultural programmes.
France 5 diffuses documentaries on music but does not have a 100% musical programme, it
is not obliged to diffuse music.
Canal+ is not obliged to diffuse music on the air either, and approaches it only through
reports.
Arte, in addition to its weekly programme Tracks devoted to new musical tendencies, offers
numerous thematic evenings in all musical genres.
Over the past few years, the constant success of musically dominated reality shows like A
La Recherche de la Nouvelle Star or PopStars (M6) and especially Star Academy
(TF1) has the merit of recreating the popular dimension of spectacular singing shows for the
youth. Nevertheless, the success of these formats should not hide the continuing tendency,
present over all on general channels: the disappearance of programmes in the first and
second half of the evening centered around hosting artists that perform their latest creations.
83
TF1, in addition to reality shows, offers French and international pop concerts (first or
second half of evening) and classical music (night).
Generally speaking, videos have nearly disappeared from terrestrial television and it is now
necessary to have cable or satellite to have access to them, thanks to music channels. The
audience of terrestrial channels slips under the 90% bar in 2003. This fall, slight but
constant, is related to the increase in the number of households subscribed to cable or
satellite channels.
Total number of diffusions of music videos in year 2003:
424,659 diffusions (against 447,568 diffusions in 2002)
Share of francophone diffusions (24h/24h):
38% (37% in 2002)
Average weekly rotation of videos (24h/24h):
International: 3.6 diffusions (3.7 in 2002)
Francophone: 5.9 diffusions (6 in 2002)
84
Distribution of music supply on TV (2003):
Source SNEP
3.2
CABLE AND SATELLITE
Following a late start, the number of subscribers to widen offers in France reached
nearly 12.5 million in March 2003 (4.9 million for cable, 5.3 million for satellite and 3.2
for TPS). Cable records an increase of 7.1% of subscribers and satellite 6.8% between 2001
and 2002. The sales turnover of thematic channels rose to 848.7 million euros in 2001.
However, in 2002, this figure stagnates at 847.5 million, which even represents a very slight
reduction (-0.01%) compared to 2001. The major causes of this evolution are the fall of
royalties paid by distributors and the reduction in advertising receipts.
Regarding thematic tendencies, cinema is at the head, its 2002 sales turnover represented
21% of the total resources of thematic channels against 6% of music.
TV5, the international francophone television channel, present on cable and satellite,
diffuses 3 music programmes weekly. Acoustic offers a plateau of francophone artists live.
Paroles de clip diffuses at least 3 videos of francophone artists subtitled in French. This
programme is not available on the France-Belgium-Switzerland network. L’
i
nv
i
t
émus
i
que
presents a francophone music personality who answers questions of TV5 editors.
On the 91 channels diffused on French cable and satellite, music comes in 3rd place (after
cinema and documentaries, before sport and news) with 10 channels, which compensates for
85
the fall of music supply on terrestrial channels in terms of programming volume but not on
viewing time. Among these 10 channels only one diffuses classical music, the rest are
devoted to popular contemporary music. Each one tries to find its niche while specialising in
a slot:
Thematic music channels:
Their audience in September 2003 - February 2004 (individuals aged 4 and up):
Share of market
Audience°
Fashion TV
<0.1%
1656
Fun TV
0.3%
1451
M6 Music
0.8%
1922
MCM
0.8%
4131
MCM Pop
0.4%
1678
Mezzo
0.1%
1910
MTV
0.3%
3816
RFMTV
0.2%
1880
Source Médiamétrie
MCM, the number one French music channel for the 15-34 year olds, primarily turned
towards rock and pop, continues its international development. There are also two 100%
video channels: MCM Pop which concentrates on pop from the eighties to today and aims
towards a public between the ages of 25 and 34, and MCM Top for the 15-24 year olds,
diffusing videos of the best record sales. The channel comes in 11th place of the audience
classification of thematic channels with 4131 million contacts/week.
MTV France targets the 12-24 year olds with a policy of accentuated delocalisation and
subtitling a part of its programmes. (Principal programming: Pop/Rock: 41% and Groove
/R&B: 19%), 2nd thematic music channel.
M6 Music created by M6 beats MCM in audience share and is intended for general public.
(Principal programming: Pop/Rock: 22% and Groove/R&B: 21%), 3rd thematic music
channel.
°
Average audience in thousands of individuals
86
Fun TV aims at a public between ages 15 and 25 and alternates the diffusion of music
videos and magazines on cinema, multimedia and surfing sports. (Principal programming:
Groove /R&B: 37% and Rap: 26%).
RFM TV was launched by radio networks and pr
og
r
a
mme
s“
ol
di
e
s
”
,Fr
e
n
c
ha
ndf
or
e
i
g
n
hits of the eighties and nineties.
Mezzo is the only channel entirely devoted to classical music, jazz and world music,
diffused in nearly 8 million European house holds. It ensures this international dimension by
proposing subtitled Spanish and English programmes and diffusing programmes like Classic
Europe and Classic Festival. Mezzo publishes a paying magazine, Mezzo TV, which details
the programmes. It is read by 10,000 French and European subscribers. Moreover, Mezzo is
the thematic channel which invests most in terms of financial contributions for the diffusion
of live shows (3.1 million euros in 2002 for 137 hours in total).
Fashion TV offers music and entertainment turned towards luxury, fashion and beauty.
Musique Classique diffuses classical concerts, opera and lyrical pieces.
Télé Melody is mainly turned towards an audience above the age of 50 and offers
programmes centered around sixties and seventies popular music.
Trace TV, launched in 2003, is a channel dedicated to urban music. It offers hits, videos,
c
onc
e
r
t
s
,“
ma
k
i
ngof
s
”onHi
pHop,R’
n’
B,Soul
,Re
g
g
a
e
/Ra
g
g
a
,Zouk, Afro Beat, Raï,
Salsa and Gospel as well as programmes on sport, cinema and fashion. It is followed in more
than 90% of French cable networks.
In 2003, 424,659 videos were diffused on these thematic channels, (against 44,500 in 2002),
the share of diffusion of francophone videos being 38% (against 37% in 2002). The total
number of different artists was 2709 (against 2970 in 2002), including 19.1% francophones
(17% in 2002). The total number of different videos was 6474 (against 7034 in 2002).
Kyo reaches number one of the classification of the 50 most diffused videos on TV in 2003
wi
t
ht
hes
i
ng
l
e“
Dernière danse”
.
87
The most diffused artist in 2003 is Justin Timberlake with 6921 diffusions of 4 different
videos. As in 2002, the most exposed repertoire is Madonna with 3597 diffusions of 60
different videos.
From this day to 2008, approximately 80% of French households should receive about thirty
programmes thanks to the Terrestrial Digital Television (TNT) in exchange for the
purchase of a simple decoder with neither cabled connection nor satellite reception
equipment necessary. They will obtain better sound and image quality because of the signal
digitalisation. The first TNT programmes will only be diffused as of March 2005. Three
music channels were selected for TNT: iMCM, M6 Music and NRJTV.
4.
ADVERTISING INVESTMENTS
In 2002, television became the favourite promotional tool for record companies. According
to Music & Copyright, the majors spent 45% on average of their advertising budget on
television against 9% on radio and press. In 2003, advertising investments in the
phonographic sector rose to 478.8 million euros divided between television (346.6 million)
and radio (132.2 million). 93% of the investments on television concentrated on general
channels, primarily on TF1, which added up to 49.6% of advertising expenses of the sector,
followed by M6 with 31.4%. Since 2003 and the beginning of the record crisis in France,
advertising investments of record companies were targeted in order to touch niches thanks to
press, radio and in-store marketing. The investments on radio increased by 9% compared to
2002.
In television, gross advertising investments of music publishing decreased by 21.7%
between 2002 and 2003, notes SNPTV (National syndicate of televised advertising).
Concerning the first 5 months of year 2004, in spite all, music publishing remains the 4th
advertiser sector on television with a gross advertising investment of up to 77.5 M€be
t
we
e
n
January and May 2004. It represents 3.5% of the total advertising investments on TV. We
can thus note that since the beginning of year 2004, 331 records were promoted on national
channels, 11 advertisers of the music publishing sector supported on average 30 records
each, at an average rate of 26 spots per title.
As for radio, it is NRJ that gained 33.9% of investments in 2003 representing 44,758 million
euros. Contrary to television, advertisers initially prefer to move towards thematic and
88
then towards general stations. In fact, RTL collected only 7.9% on radio advertising
investments in 2003.
Distribution by media in 2002:
- television: 71% (TF1 & M6 > 75%),
- radio: 21% (NRJ: 40%, Skyrock: 15%),
- press: 3% (les Inrockuptibles: 20%, Musique Info Hebdo: 15%),
- placarding, internet°, cinema, others: 2%.
Distribution by format in 2002:
- best of: 25%,
- various artist compilations: 20%,
- albums: 45%.
The increase of the amounts devoted to advertising investments is one of the principal
obstacles for independent labels, which cannot at all follow the higher bid of the majors and
the development of new marketing and sales promotion strategies.
As an example, in 2002, Universal Music invested 190.42 million euros gross including 75.1
million on television, 20.8 million on radio, 2.3 million on press, 1 million on placards and
0.8 million on Internet. This year, the major even progressed three places in the
classification of the first 100 French advertisers and positioned itself as the second French
advertiser, behind Renault (with 273.8 million euros of gross investments) and in front of
Carrefour (with 177.6 million euros of gross investments).
°
The amount of advertising investments of the phonographic industry on internet went from 1 million euros in 1998 to more
than 8 million in 1999 (which is 8 times more than cinema, resting stable at a million).
89
IV. PROFESSIONAL AND INSTITUTIONAL ORGANISATIONS
While public intervention in favour of culture is very old in France, a centralised
country with a strong interventionist tradition, the creation of the Ministry of Culture dates
back to André Malraux (1961). Contrary to classical and contemporary music, popular
mus
i
cwast
ake
ni
nt
oac
c
o
untasa“l
e
g
i
t
i
mat
e
”f
i
e
l
dofi
nt
e
r
ve
nt
i
onr
at
he
rl
at
e
. The
real outline of public politics in favour of all kinds of music dates back to the first ministry
of Lang Jack (1981-86) and to the activity of Maurice Fleuret, director of Music at the
Ministry of Culture at that time.
Even if the role of the State is important, with a considerably present cultural activity as
much at the direct (subsidies, help with facilities, activities in favour of creation, training
and diffusion, installation of programmes) as the indirect level (laws and regulations,
taxes...), local authorities also play a strategic role, being the number one bodies to finance
culture.
In addition, the State often prefers to install indirect financing mechanisms through civil
companies (in accordance with the law of 1985) and professional organisations, in which it
takes part.
1.
EXPORT HELPING ORGANISATIONS
1.1.
THE FRENCH MUSIC EXPORT OFFICE
THE FRENCH MUSIC EXPORT OFFICE is a non-lucrative association created in 1993, by
the initiative of French professionals with the support of the authorities and the professional
organisations of the record industry and live performances. Its goal is to help French
record companies promote their artists abroad. By connecting necessary synergies
between various partners, it connects French and foreign professionals.
The network:
The French Music Export Office wove a network of 9 offices throughout the world in
partnership with local embassies: United Kingdom (London), Germany (Berlin), Japan
90
(Tokyo), Brazil (Sao Paulo), Spain (Barcelona), Mexico (Mexico City), Russia
(Moscow), New York (USA) and Australia (Sydney).
According to the territory and its partners, each office can propose its own tools and help.
For more information on each office, consult our Internet site and our database:
www.french-music.org.
The network of the Offices, connected to the cultural services of the French Embassies and
AFAA, has a double mission:
- to carry out proximity work which makes it possible to identify and develop the possible
networks of development,
- to relay the activities of professionals.
Who can benefit from the activities of the Export Office?
-
French record companies
-
French tour agents
-
French artists and managers (via record companies)
-
French music publishers
-
the French cultural network abroad
-
French and international media
-
foreign music industry professionals interested in French artists: record
companies, tour agents, festivals and music publishers
The Export Office is financed by:
 French record companies
 the authorities: Ministry of Foreign Affairs, Ministry of Culture and Communication
and the French Association for the Promotion of the Arts (AFAA)
 professional organisations: the Association of Music Producers (SCPP), the
Syndicate of French Record Producers (SPPF), the National Union of Phonographic
Publications (SNEP), the Musical Support Fund (FCM), the SACEM and the
National Center for Chanson, Jazz and Popular Music (CNV)
The Export Bureau has a total budget of 2,315,500 million euros, half of it ensured by the
Ministry of Foreign Affairs, the Ministry of Culture and AFAA (
Ag
e
nc
eFr
a
nç
a
i
s
ed’
Ac
t
i
on
Artistique), a quarter by record producers (SNEP, SCPP, SPPF), and another quarter by
professional organisations (SACEM, ADAMI, FCM, CNV).
91
The activities of the French Music Export Office

Help with prospection and development:
- Organisation of professional meetings in France and abroad:
The Office organises study trips for professionals in charge of export in record companies,
on new territories of prospection, in partnership with Ubifrance (French Agency for
International Business Development).
- Coordination of the French presence at professional expos abroad:
The Office works for a greater representation of French producers at the large international
expos (such as the MIDEM, the WOMEX, the POPKOMM, etc.) by organising stands and
by supporting the presence of show-cases for French artists, in partnership and with the
assistance of Ubifrance.

Help with promotion:
The Export Office has promotion and marketing tools at the free disposal of French and
foreign professionals:
- an Internet site: www.french-music.org, with a database of more than 6000 contacts
- the Music News From France: a newsletter on artists produced in France
- compilations: pedagogic (French Generation), thematic (In Bloom, So Frenchy So Chic),
event-related (MIDEM, Popkomm...) and DVDs (video compilations),
- thematic guides.
Information:
-
Putting online a regularly updated export database,
-
Providing a Resource Center offering specialised studies and publications for
professionals,
-
Production and publication of the Export Books, studies related to the music
industry of various countries,
-
Personalised consulting service for labels, managers and live show
entrepreneurs,
-
Organisation of briefings for French tour agents in collaboration with the CNV,
92
-
Updating Export Certifications in collaboration with the SNEP and the UPFI.
The support of export projects:

Help with foreign tours:
Through its Export Commission, the Export Office subsidises foreign tours of artists signed
by French record companies.
These projects are helped in order to optimise the work on the record and the investment
(promotion, marketing, financing) at the same time, carried out by record companies in
France and abroad.

Help with the promotion of artists:
TheExpor
tOf
f
i
c
ef
i
na
nc
i
a
l
l
ys
uppor
t
spr
omot
i
ona
c
t
i
v
i
t
i
e
s
,a
r
t
i
s
t
s
’t
r
a
v
e
l
sf
orpr
omot
i
ona
l
ends as well as travel expenses for producers by the means of its Promotion Commission.

Help with musical audiovisuals:
The Videomusic Export Commission helps with the adaptation of videomusic for foreign
markets. It is supported by the Ministry of Culture, the FCM and the CNC.
1.2
THE FRENCH ASSOCIATION FOR THE PROMOTION OF THE ARTS/AFAA
Created in 1922, the French Association for the Promotion of the Arts/AFAA is the
delegated operator of the Ministry of Foreign Affairs and the Ministry of Culture and
Communication for international cultural exchanges and helping to develop the fields of
performing arts, (theatre, circus and street arts, dance, music), visual arts, architecture,
cultural inheritance and engineering (big projects, foreign cultural seasons in France).
The AFAA is largely financed by the French authorities present within its Board of
directors, where qualified experts are also in office.
In permanent relation with the various French and foreign cultural professional
environments, the AFAA also works in partnership with more than twenty French territorial
communities (cities, departments, regions) mostly in the form of triennial conventions and
financed with equal shares or with the intervention of the Regional Direction of Cultural
Affairs (DRAC). This pooling via the means and the expertises makes it possible for artists
93
strongly established in their city or region to be discovered abroad, to accommodate creators
from all over the world on French territory and, in return, to weave durable bonds between
French and foreign artistic teams.
With the assistance of the French embassies and cultural establishments abroad, the AFAA
takes diffusion actions (circulation of works, creators and professionals) and implements
projects of co-operation, co-production, training and residences in the world.
At the same time it takes part in international cultural exchanges, the support of the music
industry through its financial participation in the Export Commission of the French Music
Export Office and its direct assistance to the French Music Export Offices in Berlin,
London, Barcelona, Sao Paulo and New York.
In addition, the AFAA ensures the hosting of foreign professionals at times of great cultural
events in France (festivals, biennials etc).
It also contributes to the hosting of foreign cultures in France, following the foreign cultural
calendar over seasons or years in France established by the authorities over several years.
Thus, AFAA will organise the France-China cross-years (China in France until the summer
of 2004 and France in China as of September 2004) and will host Nova Polska, the Polish
season in France from May to December 2004, while already preparing the Brazilian season
in 2005, and the Surprising Latvia festival. These events sometimes bring about the
opportunity of a similar rendez-vous in the invited country.
Its resource center (with access to an online database on French and African contemporary
creators) and its publications (Rézo international, Rézo Afrique, Topographies, Chroniques
del
’
AFAA.
.
.
)supplement this mechanism by keeping it permanently up-to-date.
In addition to its traditional missions, the forever on the move AFAA, dynamic to respond to
current artistic stakes, will accompany the creators with new programmes. AFAA will,
among others, implement Music Generation, an exchange programme bound for the
Maghreb and Middle East.
1.3.
FRANCOPHONY DIFFUSION
94
Created in 1993, it is an association which aims at the diffusion and the promotion of
francophone music through a network of more than 150 radios in 70 countries of the
world.
Twice a month, Francophony diffusion sends about a dozen new records selected by record
companies to the radios of the network, which in exchange send their comments and
intentions of programming, as well as information on the musical and audiovisual topicality
of the country. The received data is processed and transmitted to the record companies. A
bi-monthly bulletin as well as a weekly E-letter publishes this information as well as an
international prize list of the francophone music. The exchange of information and twinned
operations are favoured through the world network of partner radios.
Francophony diffusion benefits from the support of the Ministries of Foreign Affairs and
Culture, the French Community of Belgium, Télémedia in Montreal, professional
organisations and Radio France Internationale.
2
THE INTERVENTION OF THE STATE AND TERRITORIAL
COMMUNITIES
2.1. THE MINISTRY OF CULTURE AND THE DRAC
The DDAI (Delegation for Development and International Affairs) is a department of the
Ministry of Culture whose help goes primarily to inter-state co-operation projects and to
organisations responsible for setting up support programmes at a European and international
level. It also supports directly or via the DRAC (Regional Direction of Cultural Affairs) the
hosting of foreign events by big festivals or organisations channelled abroad (Musiques
Métisses in Angoulême, the Printemps de Bourges for the Tam-Tam organisation, the
Ba
t
of
a
rf
ort
heEur
ope
a
nc
i
t
i
e
s
,Pa
r
i
sdi
s
t
r
i
c
tofSumme
r
,e
t
c
…)
.Only the strong initiatives
associating other public partners and privileging a promising network logic are retained.
Besides the DDAI, it is the DMDTS (Direction of Music, Dance, Theatre and Show
business) that lays down and directs the policy of the Ministry in the field of music.
However, the majority of the credit is now regionally decentralised by the DRAC.
95
The Regional Directions of Cultural Affairs (DRAC) regionally represent the Ministry
of Culture and distributes credit to projects that correspond to their criteria, in particular in
terms of professionalism and artistic excellence.
2.2
LOCAL AUTHORITIES
Their share in financing culture is dominant (>60%). The weight of cities is determining,
they represent almost 80% of the territorial cultural expenditure (department = 17% regions = 5%).
The laws of decentralisation did not concern the cultural field much, and did not reserve a
particular competence to public bodies for live events. They all intervene in this field,
however, not within a very constraining legal framework.
- the communities (cities) finance the cultural facilities in particular.
- the departments, via the general councils, are primarily involved in the conservation and
the diffusion (diffusion in rural zone, raising consciousness of musical practices).
- the regions, via the regional councils, develop artistic productions and live events
(festivals) in particular.
Music is the first sector of intervention, with the financing of large amenities (orchestra,
opera houses...), especially in large cities. The communities also play an essential role in the
financing of music pedagogy.
As a consequence of the decentralisation, over the last few years, the various
communities sought to develop international projects that little by little break the
traditionally very centralised French operation (Paris-province). They initially intervened
within the framework of three types of exchanges:
1. bilateral twinning and exchanges,
2. co-operation networks between regions and transborder co-operation (the Atlantic
arc, euroregions),
96
3. assistance to specific operations within the framework of events of international
fame. Culture, neglected in the beginning, becomes little by little a major element of
the interregional agreements.
The ADDMD and the ARDMD (departmental and regional associations of music and
dance, whose initials and names have some variants) are the associations financed by the
State and the communities (departments and regions respectively), which coordinate music
life and can be good interlocutors (in terms of information, training and diffusion). Regional
popular contemporary music poles are also set up. They can either be specific entities
(Trempolino in Nantes, Avant-Mardi in Toulouse, the RAMA in Bordeaux), or a popular
contemporary music mission within a regional music and dance association, as ARCAM
PACA (Pr
ov
e
n
c
e Al
pe
sCôt
e d’
Az
u
r
) in Aix. However, not all regions have them
(Languedoc-Roussillon for example).
3
PROFESSIONAL ORGANISATIONS AND CIVIL SOCIETIES
3.1.
PROFESSIONAL ORGANISATIONS
IRMA
A general interest organisat
i
on,I
RMA(
I
nf
or
ma
t
i
ona
ndr
e
s
our
c
e
sc
e
nt
e
rf
ort
oda
y
’
smus
i
c
)
was set up in 1994 on the occasion of the regrouping of the CIR (Information center of rock
and pop), the CIJ (Information center of jazz), and the CIMT (Information center of
traditional music). As a service tool of the music network, IRMA intervenes in the fields
of information, advice and training and puts its resources at the disposal of the actors
of the sector (IRMA does not bestow any financial support on musical projects).
To provide information for professionals, IRMA develops:
- a permanently updated database of more than 50,000 professional contacts (artists,
professional organisations, training organisations, live show entrepreneurs, record
companies, music publishers, distributors, media, services....),
- edition and distribution of yearbooks (
“
Of
f
i
c
i
e
ldel
aMu
s
i
que
”
,“
J
a
z
z2004”–annual
g
ui
deofJ
a
z
z
,“
Pl
a
nè
t
e
sMus
i
que
s
”–annual guide of traditional and World music), and
pr
of
e
s
s
i
ona
la
ndt
he
ma
t
i
cg
ui
de
s(
“
Mus
i
cc
ont
r
a
c
t
s
”
,“
Live show”
,
“
Ar
t
i
s
tPr
of
e
s
s
i
on”
.
.
.
)
.
97
- an Internet site and documentary resources accessible online as well (collection of practical
records, professional library),
- a reception and orientation space open to the public and 3 specialised information centers,
- a department of continuous training (short modules and long cycles depending on the
development and framing of musical projects),
- a counselling service animated by experts in the fields of music production and publishing,
live shows, and artist careers,
- a network of 75 regional and European correspondents
NATIONAL CENTER FOR CHANSON, JAZZ AND POPULAR MUSIC
The CNV was created in October 2002, from the former Chanson, Jazz and Popular Music
Support Fund. It is an aid organisation financed by the parafiscal tax on live show ticket
sales. The CNV helped 443 files in 2002 (against 434 in 2001), granting a total amount of
6.38 million euros of aid (against 7.25 million in 2001).
This aid was divided in the following way in 2002:
- aid to companies: 3.93 million euros, against 4.6 in 2001
- helping the promotion of artists and the creation of shows: 1.46 million euros, against 1.32
in 2001
- promotional and economic development: 0.78 million euros, against 0.86 million in 2001
- concert halls and facilities: 0.21 million euros, against 0.42 million in 2001
When issuing its first statement based on the activity report of the year 2003, the CNV
records a very strong progression of the aid allocated in 2003: the total rises to 10.34 million
euros for 562 accepted files, which is a progression of more than 61% compared to 2002
(6.39 million euros for 443 files). Apart from 60,000 euros, the volume of aid allocated in
2003 is equivalent to the total amount of the parafiscal tax on concerts collected in 2002.
2003 promises a very good evolution with more than 13.2 million euros collected (+ 27%)
proving that live shows are in good health. The number of concert companies affiliated to
the CNV rose from 700 (2002) to 846 (2003).
NATIONAL OFFICE OF ARTISTIC DIFFUSION (ONDA)
98
ONDA was created in 1975 to encourage the diffusion of artists whose work is centered
on contemporary creation and the renewal of genres. It covers all artistic disciplines,
with sectoral counsellors (music, street and circus art were added to theatre and dance). It
intervenes with the structures of diffusion to help them to be better informed about the
artistic projects in progress and to financially support them according to their choice of
programming (financial guarantee on the deficit).
ONDA develops its international network and supports the diffusion of foreign
performances on national territory, but intervenes financially only with the places of
diffusion. Financing of a performance can be demanded if it is held under professional
conditions, outside the region of production, within the framework of a tour (no help for an
isolated date).
ONDA can also facilitate information diffusion and the setting up of tours for innovative
foreign performances (via the GRAC).
3.2.
CIVIL ORGANISATIONS
Small glossary of legal terms:
- Copyrights: Rights belonging to the author on the exploitation of their work. We
distinguish primarily between patrimonial and moral rights. These rights are managed by the
SACEM.
- Ne
i
g
hbour
i
ngr
i
g
ht
s
:Thea
r
t
i
s
t
’
sr
ights, recognised by certain national legislations, to
authorise any recording and any exploitation of their performance, as well as the right for
equitable remuneration and remuneration for private copying.
- Private copy: Right to reproduce a work withoutt
hea
ut
hor
’
sa
ut
hor
i
s
a
t
i
onf
ort
hec
opy
i
s
t
’
s
strictly personal use.
- Legal licence: As soon as a record is in the trade - some modes of marketing: compact disc,
cassette, Internet... - the performer and the producer lose the right to authorise its diffusion,
s
e
e
i
nga
st
h
i
sa
ut
hor
i
s
a
t
i
onr
e
s
ul
t
sdi
r
e
c
t
l
yf
r
om t
hel
a
w(
“
l
e
g
a
ll
i
c
e
nc
e
”
)
.In compensation
for the loss of this right, the use of records under the legal licence system opens the right to
ar
e
mune
r
a
t
i
onk
nowna
s“
e
qui
t
a
bl
er
e
mune
r
a
t
i
on”
.Col
l
e
c
t
ed by the Civil organisation for
99
the collection of equitable remuneration of the communication for the public of commercial
phonograms (SPRE) for distributors, it is divided between performing artists and record
producers.
- Equitable remuneration: royalty paid by commercial phonogram broadcasters such as radio
stations, television channels, discotheques, and more generally, all public places playing
music (restaurants, hotels, shops...). It goes to music performing artists and music producers
published for commercial means when their phonograms are used in public places other than
those for music performances or diffused simultaneously on cable TV.
France Export Handbook 100
3.2.1
Author organisations
THE SACEM (COPYRIGHT AND ROYALTIES ORGANISATION)
The SACEM, created in 1851, is the civil organisation of authors, composers and music
publishers, as well as audiovisual producers. The SACEM only manages the works
registered by its members, which were accepted in accordance with the terms laid down by
the general regulations.
The SACEM set up a series of specific support programmes for popular contemporary
music (pop, jazz, rock, traditional music). However, apart from supporting festivals,
which can apply to a foreign festival programming a French repertoire, and in the absence of
specific agreements with a country, the support is reserved for French professionals.
Festival support
This programme “f
av
our
se
v
e
nt
st
hatgi
v
eac
hanc
et
oy
oungpr
of
e
s
s
i
onal
sandwhos
e
theme reveals an effort of creativity and artistic risk-t
ak
i
ng
”. The presence of wa
r
mup’
sfor
young artists, open stages and training workshops for young authors and composers
constitute the major elements of appreciation. The festival must propose a programming
relevant to the repertoires protected by the SACEM, take place over a period of a minimum
of 3 days and/or a minimum of 8 concerts over at least 15 days and have a regional, national
or international significance. The grant can reach a maximum of 12% of the artistic budget.
Other support
Support is also provided for the residences of creators, the places of diffusion and the
production of live shows. There are also individual grants for projects, a fund for the
encouragement for live music, as well as a fund for the higher standing of jazz
improvisations. Lastly, a support fund for independent music publishing and programmes
reserved for audiovisual music supplement the system.
In 2003, the total amount of distributed grants (including all repertoires) was 10.53M€
(+29% compared to 2002).
Distribution of grants:
Creation and production support
4.55 M€
Live music support
4.86 M€
Artist and author training
1.11 M€
FCM
1.10 M€
SACEM action Funds and Franco-American funds
0.93 M€
Source: SACEM 2003
3.2.2
Artist organisations
Two organisations manage the rights of artists in France.
ADAMI
(ORGANISATION
FOR
THE
ADMINISTRATION
OF
RIGHTS
OF
PERFOMING ARTISTS AND MUSICIANS)
Created in 1955, Adami manages the rights of 160,000 performing artists and counts more
than 12,000 related members, an important population owing to the fact that it also
represents stage actors, dancers, soloists and conductors. In 2003, the organisation collected
42.4 million euros, which is an increase of 7.8% compared to 2002. ADAMI manages the
rights of performing artists of music and dance whose name is mentioned on the label of a
phonogram or in the credits section of a videogram (equitable remuneration, audio and
audiovisual private copy).
Within the framework of artistic action, it takes part in an efficient creation support policy,
centered on two points (by devoting 25% of distribution rights to it): to support the creation
and diffusion of live shows and to help the professional training and career development of
artists. In 2003, more than 800 projects were supported. The amount of the allotted grants
rose to 10.1 million euros (against 9.9 million euros in 2002).
Live events are supported by grants for the creation of live shows (a minimum of
performances is necessary), tours or festivals. There is also a support for records (intended
for the producer, even in the event of auto-production, provided that a proof of distributor
engagement can be provided). The requests must be presented by an institution (company or
association) which respects the social legislation and the guaranteed minimum salaries by
inter-professional agreements; individual requests are not accepted. Requests for support for
operation or annual programming are not accepted either. A period of twelve months is
necessary between each request, which cannot exceed the third of the total budget of the
pr
oj
e
c
t
.Th
er
e
que
s
t
sa
r
ee
xa
mi
ne
da
c
c
or
d
i
ngt
omu
s
i
c
a
lg
e
nr
e
,e
i
t
he
rbyt
he“
c
onduc
t
or
s
a
nds
ol
oi
s
t
s
”c
ommi
s
s
i
onorbyt
he“
pop”c
ommi
s
s
i
on,wh
ome
e
te
v
e
r
ymont
h(
e
xc
e
ptover
the summer). They must reach the artistic action service 3 months before the date of the first
performance (2 months before the first day of recording a phonogram).
SPEDIDAM (ASSOCIATION OF PERFORMING ARTISTS OF MUSIC AND DANCE)
Spedidam, founded in May 1959, is a society managing the rights of intellectual property for
the performing artists.
TheSpe
di
da
m’
smi
s
s
i
oni
st
oma
k
es
ur
et
ha
tt
h
ei
nt
e
l
l
e
c
t
ua
lpr
ope
r
t
yc
odei
sr
e
s
pe
c
t
e
d.
The Spedidam collects and distributes the money recognized by the intellectual property
code as benefiting the performing artists : money from private copies, from secondary use
and equitable remuneration for which it represents the exclusive rights of the performing
artists.
TheSpe
di
da
m’
sc
ul
t
ur
a
ldi
v
i
s
i
on,upont
hec
ommi
s
s
i
ons
’de
c
i
s
i
ons
,g
r
a
nt
ss
ubs
i
di
e
sf
ort
he
creation, promotion of the life scene and for the training of performing artists.
Theg
r
a
ntg
i
v
e
nbyt
h
eSpe
di
da
ma
r
edi
r
e
c
t
l
yl
i
nk
e
dt
ot
hepe
r
f
or
mi
nga
r
t
i
s
t
s
’wor
ka
ndt
o
the total wage bill of the project. The demanding organisation must be the employer of the
artists.
3.2.3
Producer organisations
SCPP (ASSOCIATION OF MUSIC PRODUCERS)
The SCPP was created in 1985, with the aim of ensuring the management and the protection
of the rights of phonogram and videogram producers.
With more than 700 members including the 5 majors, the SCPP manages approximately
1,300,000 phonograms and 20,000 music videos, representing more than 80% of the rights
of French producers.
Just like the association of performing artists, the SCPP collects remunerations in the name
of (audio and audiovisual) private copying and equitable remuneration and redistributes
them between those entitled.
The SCPP supports live events (tour support for music producers, but also live shows and
festivals) and phonographic creation. These supports primarily concern inexperienced artists
and career restarters. The amount of grants for 2003 was 8.43 million euros of which 50%
were devoted to the creation of albums.
SPPF (SYNDICATE OF FRENCH MUSIC PRODUCERS)
Created in 1986 by 12 independent producers, today SPPF counts nearly 450 members and
manages a repertoire as important as that of the SCPP.
It takes part in the redistribution of remunerations in the name of (audio and audiovisual)
private copying and equitable remuneration. Likewise it has supported the use of the ISRC
code with its members for many years.
It also contributes to the widening of the protection and the collection of the rights of its
foreign members (Switzerland, Quebec, Italy, etc). It devotes a part of its total budget (1.75
million euros in 2003) to the support of creation and diffusion (1.463 million euros in 2003),
live shows (243,500 euros in 2003) and the training of artists (21,250 euros in 2003).
The SPPF offers a support programme bound for discographic productions carried out in
France, whatever language is used, as well as export (development of structures abroad), and
tour support.
3.2.4
General interest
FCM (MUSICAL SUPPORT FUND)
The FCM is an association which brings the civil organisations together which collect and
distribute copyrights and neighbouring rights, professional organisations and syndicates, as
well as the authorities around music support programmes. It receives grants from civil
organisations and the State. In 2003, it allocated a little less than 3 million euros to musical
creation (against 3.13 million euros in 2002). The FCM supports the production and
promotion of live shows (concerts, tours), festivals, exportation, contemporary lyric creation
and musical theatre. Its grants also help phonographic and video music production, as well
as production in the musical audiovisual field. Lastly, it intervenes with artist training
organisations. The support requesting files must necessarily be deposited at least one month
before the meeting date of the commission managing the concerned programme.
The support of live shows
The Musical Support Fund develops four programmes reserved for live shows: support of
live shows (tours, concerts, wa
r
m up
’
s
), support of export tours, support of festivals in
France and support of festivals abroad. The grants can concern foreign artists as well,
provided that they have rights in France.
Thes
uppor
toff
e
s
t
i
val
sabr
oadwhos
eai
mi
st
oai
dr
e
que
s
t
spr
e
s
e
nt
e
dby“Fr
e
nc
h
establ
i
s
hme
nt
sr
e
s
pons
i
bl
ef
orr
e
pr
e
s
e
nt
i
ngFr
anc
ei
n ourt
e
r
r
i
t
or
y”.The
yc
anno
t
e
x
c
e
e
d25% oft
hef
e
s
t
i
va
l
’
sbudge
tde
vot
e
dt
ot
hepr
ogr
ammi
ngofFr
e
nc
har
t
i
s
t
s
.
The support of live shows fits in with the dynamics of artist career development. It favours
actions built on a stage/record synergy, and particularly concerns artists with a new record to
promote, who profit from support from their music producer. It is addressed exclusively to
organisations holding a live show entrepreneur licence and to artists and groups who have
already produced at least one album (except for the support of warm up groups). The
support of export tours concern French and/or francophone artists.
Support of phonographic production
The FCM develops two support programmes for phonographic production. The applicant
must have a written agreement of distribution and the record should not be marketed before
the meeting date of the commission concerned.
The first programme is a support of phonographic production of the following genres:
classical (works rarely or never recorded), contemporary, children, creative jazz, traditional
music. The access to this programme is reserved for commercial institutions. The support of
the FCM cannot exceed 25% of the budget. The number of grants per label is limited to
three per annum.
The second programme supports production of pop records, intended in priority to artists of
French expression.
3.3
TRADE UNIONS
SNEP (NATIONAL UNION OF PHONOGRAPHIC PUBLICATIONS)
Created in 1922, the National Union of Phonographic Publications gathers 48 members
including –spokesperson and representative, as much face to face with the Government, the
members of Parliament and the administration, as other professional organisations, press and
the public.
The SNEP is a professional union affiliated with the MEDEF (the Movement of French
Enterprises). It is also a member of the International Federation of the Phonographic
Industry (IFPI).
The members of the SNEP, who represent approximately 80% of the turnover of the French
record market are:
-
manufacturers,
-
music producers and publishers,
-
exclusive phonogram distributors, producers, exclusive distributors and
publishers of video music.
The activities of SNEP are multiple and cover all questions over a legal, financial, social or
economic nature:
-
the negotiation of draft agreements, defence and recognition,
-
rights of producers of phonograms and video music,
-
information on the profession, through economic and statistical studies,
-
the promotion of brand image in the phonographic industry.
SNEP de
v
e
l
ope
dt
h
es
y
s
t
e
m of“
wor
kc
ommi
t
t
e
e
s
”whi
c
ha
l
l
owsi
tt
oi
n
t
e
r
v
e
nemor
e
efficiently in the economic and legal life of the profession. The setting up of these
committees contributes largely to the development of the activities of SNEP while
reinforcing the collaboration between organisations, members of the syndicate and its staff.
Subjects as diverse as the classification of sales, the problems of record distribution, the
follow-up of titles on the radio, database, support of exportation, development of the
classical repertoire, legal matters, social questions and, from now on more particularly, the
questions related to the digital environment of music, are regularly discussed and covered
within the framework of these commissions, whereby every one tries hard to put forward
each point of view represented within the SNEP, in order to find constructive solutions.
This year these work committees were reorganised around 5 principal commissions: legal
matters, economic affairs, communication, media, classical repertoire & jazz.
UPFI (UNION OF FRENCH INDEPENDENT PRODUCERS)
The UPFI is a professional syndicate which gathers and represents independent producers
and phonographic distributors in France and in French-speaking countries. Its principal
activities consist of federating and centralising all actions allowing the French independent
production and distribution to develop. The council of administration of the UPFI is
composed of 18 organisations.

FRANCE EXPORT HANDBOOK

Transcription

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