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Re: Nouveau projet et personne ressource

From: Valentin Villenave
Subject: Re: Nouveau projet et personne ressource
Date: Fri, 8 Apr 2011 15:56:06 +0200

On Fri, Apr 8, 2011 at 3:21 PM, Werner LEMBERG <address@hidden> wrote:
> This is strange.  At least in Austria, there is a difference between
> `Großes Recht' (covering `big' things like scenic performances in
> theatres) and `Kleines Recht' (everything else), and the AKM, the
> Austrian sister organization of the French SACEM, only handles Kleines
> Recht normally.  Großes Recht was always subject to personal
> negotiations between the composer/author/publisher and the theatre.

Well, here only two things are usually directly discussed with the
theatre: the commission (with the composer), and the score/orchestral
sheets rental (with the publisher). The rest goes through the SACEM
(or, in case of theater plays, screenplays and operas, the SACD).

In my case, the commission was handled quite traditionally. The "score
rental" was replaced with publishing fees, that the opera paid me
(since I didn't have a publisher) -- yes, this means I was actually
*paid* for using LilyPond! Big step!

In addition, I explicitely told them I did not want any performing
rights, but I did, however, asked for some kind of indemnity in
exchange for me giving up these rights. Which is why all the money was
to be paid *a priori*, not *a posteriori* (in other words, even if it
turned out to be a huge failure and there was no audience, this would
have had no effect whatsoever on the amount I was getting.)

(And, it *was* a success. Huge. Just so you know.)

On Fri, Apr 8, 2011 at 3:31 PM, David Kastrup <address@hidden> wrote:
> No idea how it is over at your place, but hereabouts performing rights
> are not automatically implied in copyright: you have to get (and pay
> for) them separately.

Well, in France too, moral rights are (supposedly) a different thing
than "patrimonial" rights (aka the dough). But in fact performing
rights are automatically collected no matter what (and not always
rightfully), 'cause, you know, that's the way it is.

> The system does not pass on the favor.  The opera house has to _pay_ the
> authors' association a flat fee per performance (and even if they didn't
> for one performance, they would not reduce their entrance fees) or even
> per season.

Not only did the opera house agree that they would do this *without*
the (so-called) "author's" organization -- which was unprecedented, at
least in France -- but therefore they even had to give up a €100K
grant that said organization normally gives for new operas. The only
reason why they *did*, in the end, pay any performing rights at all *a
posteriori*, was because accounting didn't get the memo :(

> Your royalties will just get distributed (with interest) to other
> authors once your rights expire.  Prior to that, the authors'
> association has to keep a hold on them, in case you or any heir of yours
> happen to change your mind.

Well, their financials are notoriously opaque, so I wouldn't be
surprised if some money mysteriously gets lost in the process.
However, the opera house (whom I got in touch with as soon as I
learned about these shenanigans) assured me that they will demand that
the rights-management-organization reimburse this unlawfully collected
money. Of course, there's kind of a quantum leap between them
demanding the money, and the organization actually *giving* them their
money back, but that's not my problem anymore.


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