Under collective administration, authors empower their society of authors to grant users (producers, broadcasters) the right to use their works in exchange for collecting and distributing the rights to them.
Standard practice is for authors to hand over exclusive powers to their society of authors, because only the Society can sign authorization or licensing contracts with users, producers and broadcasters.
The authors, in compliance with the bylaws of their society of authors, may not enter into agreements directly with users to sell the same rights.
Authors who belong to a society of authors do not therefore need to sign contracts with producers. They should refer the producer back to their society of authors administering their rights. However, when a work is created for and as part of a specific project, authors and producers feel the need to formally set forth their mutual commitments.
They agree on different points such as the date on which the author's work is due, what resources if any will be made available to him, the mention of his name, the nature of his contribution in the credits, etc.
It is customary to have a clause providing for payment to the author by the producer of sums generally called "commission bonus," "writing bonus" or "unpublished work bonus". This sum is intended as financial compensation in recognition of the time spent creating the work, of the author's reputation, or the exclusivity granted to the producer.
Authors' societies are not opposed to such agreements, as long as they are fully compatible with the exclusive powers transferred to the society as mentioned above.
It must, for example, be clear that the author has given sole responsibility for administering his rights to his Society. The commission bonus does not interfere with the proportional remuneration to be collected for him by his administration society for the life of the work.
SESAM's member societies have given SESAM the mandate to enforce their authors' rights. They have made standard commission contracts available to their members on this web site. These comply with the provisions of the French legal code on intellectual property.
Authors and producers are urged to use these models for the production contracts they will sign.
Further information about these contracts can be obtained from SESAM or individual member societies.
Commission contracts: ADAGP, SACD, SACEM, SCAM.
These contracts can be downloaded either in PDF format to print and fill out in writing, or in ZIP compressed format as a file for word processing.
First, install Acrobat Reader (PDF exchange format) or a ZIP.
ADAGP - Commission contract for graphic design or original visual art for use in a multimedia program.
SACD - Interactive script, visual design, direction
PDF (63.2K) ou ZIP (20K)
SACEM - Commission contract for an original musical work, song and/or composition
PDF (35.6K) ou ZIP (11K)
- Commission contract for a multimedia work: PDF (23.2K) ou ZIP (8K)
- Commission contract for a contribution to a multimedia work: PDF (33.5K) ou ZIP (11K)