Piracy is a generic term referring to the transcription, reproduction or supply (by selling or downloading) of unlawful audio recordings, i.e. without the owner’s permission.
Piracy is “free riding”; theft of someone else’s property and a crime under the law. It deprives authors, performers and producers of the income they need to work. It seriously harms musical creation and the development of new artists.
The SCPP is empowered by its members to take legal action to end any of the infringements of producers’ rights specified in Article L335-4 of the Intellectual Property Code. The maximum penalty defined by this article for transcribing, reproducing or publicly communicating or supplying a sound recording or a music video without the producer’s permission (whether in return for payment or free of charge) is a two-year prison term and a fine of €150,000. The same penalty applies to importing or exporting counterfeit sound recordings or music videos.
• An anti-piracy unit that coordinates prevention, preparation of case papers and legal action.
• A team of endorsed investigators who record infringements and facilitate court action. This team works in close collaboration with the Sacem/SDRM, the IFPI and the French police and customs.
• The anti-piracy unit is assisted with litigation proceedings by internal and external legal advisers.
Action by the anti-piracy unit
• Combating traditional piracy (bootlegs, partial copies, complete copies)
For this form of piracy, the SCPP has the backing of solid case law and has achieved tremendous results: one of the lowest piracy rates in the world and a large number of convictions.
• Combating CD-R piracy
The many convictions obtained in this field constitute very solid case law. These decisions and pending actions have gradually eliminated the illegal manufacturing sites making copies of CD-R on demand.
• Combating Internet piracy
- investigations by the SCPP anti-piracy unit to identify pirate sites and servers,
- preventive and legal action,
- cooperation with the IFPI and other organisations that combat piracy (Sacem/SDRM and Alpa).
• Heightening awareness of new piracy techniques among judges, the police, customs and pressing plant managers and keeping them informed about the damage caused by piracy.