Broadcasting music during a public event: what are the rules?
Verified 09 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)
In principle, an association does not have the right to broadcast music free of charge at a public event. In order to do so, it must obtain authorization from the Sacem: titleContent and, except in exceptional circumstances, to pay copyright to it.
The rules differ depending on whether the music is recorded or performed by musicians (concert or ball).
Recorded Music
The rules differ depending on whether the work is current or has fallen into the public domain.
Current Work
To broadcast musical works during a public event (garage sale, fairs,...), in the background on a website or in a premises, the association must obligatory comply with the following rules:
- Get a authorization from Sacem
- Pay for broadcasting rights
The association pays the copyright.
Work in the public domain
The obligation to pay broadcasting rights does not apply to works that have fallen into the public domain and are free of rights. This is the case when the author of a work has died for more than 70 years.
To find out if a work has fallen into the public domain, you can consult the catalog of works of the Sacem:
You can also contact your regional Sacem delegation.
Who shall I contact
However, you still have the obligation to obtain a authorization from Sacem.
The royalties to be paid consist of the copyright and the equitable remuneration when musical works are broadcast by means of recorded media (vinyl, CD, radio, digital files, TV, etc.).
The association must make an application for permission to broadcast music on the Sacem website.
Sacem: applications for permission to broadcast music
The completed form must be sent online from your customer area (or by post) to your regional delegation of Sacem.
Who shall I contact
The amount of copyright will vary depending on the nature of the event. For example:
- For an event with music in the background, the calculation of copyright depends on whether or not it is free to the public.
- For a carnival, it is determined by applying a percentage to the revenue generated or the expenditure incurred.
- For a gymnastics or dance course, it depends on the number of students and the type of course given.
- For a ballet or a choreographic show, it depends on the works used and the conditions of organization of the show.
The amount of equitable remuneration is 65% copyright with an annual minimum set by sector of activity (bars and restaurants, nightclubs, shops, associative premises, waiting rooms, etc.).
FYI
reductions may be granted, in particular where the application for authorization is made more than 15 days before the event.
The dissemination, by any means whatsoever, of a musical work in violation of the rights of the author is a offense. He may be fined up to €300,000 and a prison sentence of up to 3 years.
Concert or prom
The rules differ depending on whether the work is current, in the public domain or broadcast during the music festival.
Current Work
To perform musical works at a public event (concert, ball, ...), he is obligatory comply with the following rules:
- Obtain permission from Sacem
- Pay broadcast fees
It's up to the association to pay the copyright.
Work in the public domain
The obligation to pay broadcasting rights does not apply if the work has fallen into the public domain and is free of rights. This is the case when the author of a work has died for more than 70 years.
To find out if a work has fallen into the public domain, you can consult the catalog of works of the Sacem:
You can also contact your regional Sacem delegation.
Who shall I contact
However, you are still required to obtain authorization from Sacem.
Music Day
If you organize a concert for free during the music festival, you must only get permission from Sacem.
The association must make an application for permission to broadcast music on the Sacem website.
Sacem: applications for permission to broadcast music
The completed form must be sent online from your customer area (or by post) to your regional delegation of Sacem.
Who shall I contact
The list of musical works to be performed by musicians at the event must be attached to the application for permission.
The amount of copyright will vary depending on the nature of the event. For example:
- For an event with music in the background, the calculation of copyright depends on whether or not it is free to the public.
- For a carnival, it is determined by applying a percentage to the revenue generated or the expenditure incurred.
- For a gymnastics or dance course, it depends on the number of students and the type of course given.
- For a ballet or a choreographic show, it depends on the works used and the conditions of organization of the show.
FYI
reductions may be granted, in particular where the application for authorization is made at least 15 days before the event.
The dissemination, by any means whatsoever, of a musical work in violation of the rights of the author is a offense. He may be fined up to €300,000 and a prison sentence of up to 3 years.
Property rights
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