Audiovisual  Formalities

The contracts

Assign your rights in full knowledge and under the best conditions.

Under the law, it is mandatory to enter an agreement in writing.

The said agreement will specify the terms under which the author assigns his/her rights to the producer.
SACD’s Individual Contracts Department offers four types of service: advice tailored to your specific case, proposals of contract templates, assistance in negotiating your contract based on the above-defined criteria and renewal of your contracts with producers.

Its competence covers the following:

Cinema, for authors  

  • whose films do not exceed a budget of € 5 M
  • remakes
  • animation films
  • short films

Television, for authors

  • of unitary TV fiction films, with up to 2 works broadcasted
  • of TV fiction series, with up to 3 works broadcasted
  • of short TV formats, with up to one season of broadcasting
  • unitary works, series and short formats of animation

The statutory management fee deduction applied to royalties generated through negotiated contracted is henceforth set to 10%.  The license agreement entered into by the author and the producer will determine in particular: nature of the requested work, specifications, schedule and deadlines of requested contributions, extent of rights assigned, term and territory of exploitation, remuneration.
Several provisions presented hereunder shall feature in the individual contract.

Provisions to be included

Description/Comments

Definition of the work’s joint-authors

This covers the author of the script, scenario, adaptation, dialogues, sound-track or score, director as well as the author of the pre-existing (novel, play...).
If the original work is protected, the first step is to acquire its audiovisual exploitation rights.

Scope of the assignment of rights

Destination (various modes of exploitation), territory and term of assignment

Author’s remuneration

Remuneration shall be on a proportional basis.

Term of the assignment of rights

The length of exploitation rights is 30 years as from contract signing.
A provision should set a deadline beyond which, if the film has not been completed, you shall recover the availability of your rights without any further formality.

Deadlines and conditions of text delivery

No comment

Conditions specific to director

Hiring contract and Author’s contract

SACD reddendum

See description below

What is the SACD reddendum?

This contractual provision should feature in the individual production contract.  The reddendum states that your rights, entrusted to SACD, will give rise to royalties collected by the latter from broadcasters or other users.  The remuneration remitted by SACD notably concerns TV broadcasting, or broadcasting by way of video, multimedia, pay-per-view and on-demand video.

Compliance of the individual contract

SACD will seek to check that the contract complies with the principles of French law in terms of authors’ rights, in particular the principle of proportional remuneration, that the contract as a whole does not bear any incompatibility with the inclusion of such a clause and indeed makes it possible for royalties to be paid to the author.  Some considerations pertaining to this production contract will call for particular attention when the author negotiates with the producer.  For instance, the precise definition of the terms of the commission, the delivery schedule for the texts, the schedule of payment and the charge-and-discharge statements are as many points that will deserve close scrutiny by the contracting party.  The same will go for any clauses providing for sanctions to be applied in the event of default of any one party in the performance of their contractual obligations.

Contract templates

The audiovisual production contract templates designed by SACD comply with the French author’s rights legislation.  Therefore, they are only valid in those countries that have adopted this legislation (as opposed to the countries that have endorsed the “copyright” approach).
These agreements define new management modalities adapted to the new forms of exploitation of audiovisual works such as video, multimedia, pay-per-view and on-demand video.  Vigilance is required for most of the clauses to be negotiated.  Never hesitate to contact SACD’s individual Contracts department as it is authorised to not only answer your questions but also, if you wish so, to represent you in negotiating your contract with the producer.
You will thus be certain that the contract is negotiated to the best of your interests.