The distribution rules
The SCPP distributes to its members the amounts
collected on their behalf. This information is processed by computers which
accurately associate each actual use with a remuneration.
1-Sound recordings
A. Private Audio Copying
Private Audio Copying is distributed by the SCPP on a pro rata basis according the unit sales of sound recordings multiplied by the duration of these sound recordings on the relevant year of the sound recordings fixed in a member country of the European Union or the EFTA.
The distribution schedule:
• March year N: Final distributions (on sales) of the
Private Audio Copying and Fair Compensation of year n-2. This is the first
phase of calculating Units of Account.
• June year N: Calculation of provisional distribution
(on sales) of the Private Audio Copying and Equitable Remuneration of year n-1.
• October year N: Final allocation of the amounts of
Private Audio Copying on Sales of the N-2 year and Equitable Remuneration on sales
of the year n-2.
Distribution Rules:
- In order to take into account placing products on the
market whose private copying cost would be higher than the purchase price for
the consumer, the Board of Directors decided to apply the following rule from
2005 on: “The sales of a sound recording sold on a medium whose wholesale price
excluding tax (PPD) is less than 2 cents per minute, will be reduced by
96%.” If there is no declaration of the wholesale price excluding tax, a
reduction of 20% on the stated public sales price excluding tax will be
applied. If there is no response from the producers on the PPD or failing this
the public selling price excluding tax, a discount will be automatically
applied.
- The unit download per sound recording (title) must be
made at a minimum price or equal to €0.20 excluding taxes—from the year of
rights 2011 in order to take into account its sales.
B. Equitable remuneration
Equitable Remuneration is primarily distributed by the SCPP
based on the broadcasting records that users send to the SPRE and which include
the names of all tracks broadcast by the broadcaster during an entire year and
the broadcasting time for each track.
The amount allocated to each sound recording depends on its total broadcast
duration throughout the year. The distributions are carried out on a pro rata
basis according to this duration in relation to the total broadcasting duration
of all sound recordings broadcast by a given broadcaster. The distribution
takes place in June and November of the year following collection.
Radio stations:
• For flagship radio stations and stations affiliated with a flagship station, distribution is made in proportion to the broadcast of each sound recording based on radio broadcasting records.
• For national radio stations, the distribution is made in proportion to the broadcast of each sound recording according to radio broadcasting records.
• For Radio France, the majority of the amounts collected are distributed in proportion to the duration of the broadcast (75%). The balance is distributed on a pro rata basis according to the producer's sales (25%).
• For local, non-affiliated radio stations, most of the money collected is distributed according to a panel depending on the duration of the broadcast (85%). The balance is distributed on a pro rata basis of the sales and duration of the sound recordings broadcast (15%).
Public places with sound systems (shops, supermarkets and hypermarkets, cafes, restaurants, etc.):
The distribution is carried out at the following rates (starting in 2016): 12.10% according to the records of professional sound system operators, 45.28% according to the broadcasting records of radio stations and 42.62% based on the sales and the duration of the sound recordings. These rates may vary according to the studies performed by the study organization, BVA in this case in 2017, on the sources of sound systems in stores (3,261 sites queried).
Nightclubs:
Remunerations are allocated based on Yacast's monitoring of 100 nightclubs, on a pro rata basis according to the number of broadcasts of each sound recording.
Television stations:
Since 2009, the distribution has been
carried out at 75% based on the television stations' records and 25% based on
sales. Most of the remuneration received on behalf of producers is distributed
in proportion to the length of time the sound recordings are broadcast on TV,
the balance is distributed on a pro rata basis according to the sales and duration
of the sound recordings.
As of 2013, the share distributed on
broadcasts is 70% and the share on sales is 30%. The distribution takes place
in November of the year n+1 following collection.
C. Other uses of sound recordings (right to authorize):
Other uses of sound recordings are governed by the
producer's right to authorize. In this case, to obtain the rights of
reproduction, provision and/or transmission to the public, the user enters into
a contract with the SCPP. In the context of General Contracts of Common
Interest, the user agrees to provide broadcasting and/or reproduction records
that mention, in particular, the titles, names of performers, name of the label
and the actual broadcasting duration of the sound recordings transmitted to the
public. The distribution takes place in June and November of the year following
collection.
Playing on sound systems in public places:
If the broadcasting of sound recordings in a public place is governed by Fair Remuneration, their reproduction, on the other hand, is governed by the right to authorize. This is distributed according to the number of hours of reproduction of the sound recordings in the producer's catalog. For playing on physical media or remuneration based on turnover with a guaranteed minimum per site (satellite/ADSL/broadcast automation). The remuneration received for the satellite, broadcast automation, or ADSL sectors is distributed over the broadcasting records if the sound system is part of the distribution panel used for the sound systems in public places, otherwise on sales.
Supply and use of call waiting recordings:
The amounts collected in consideration for the reproduction right and the public transmission right are distributed to each producer according to the actual uses of their sound recordings (number of reproductions and number of lines).
Theaters and Exhibitions:
The amounts collected in consideration for the reproduction right and the public transmission right are distributed to each producer according to the actual uses of their sound recordings (duration of use of the sound recording, proceeds from the show).
Radio France Podcast:
The remuneration received is distributed over the France Inter and France Culture media broadcasting records (most of which concerning the number of downloads), up to the % of podcasts downloaded for each of these 2 broadcasters.
Television:
Since the 2009, the distribution has been carried out at 75% based on television stations records and 25% based on sales. The majority of the revenue collected on behalf of producers is distributed on a pro rata basis according to the sales and duration of the sound recordings.
The balance is distributed on a pro rata basis according to the broadcasting of sound recordings by radio stations. sales and the duration of phonograms. The distribution takes place in the year n+1 following the year of collection, in November.
Other Industries (listening stations, audiotel, online services, web radios, music quizzes, etc.):
If there is no documentation (records are not available or not exploitable) or due to a low degree of collection compared to the cost of processing the records concerned, the remuneration received for these sectors will be distributed on sales at least up to 2017.
2. Music videos
Private Video Copying
The SCPP allocates the revenues collected on a pro rata basis according to the revenues from the broadcasting of music videos collected by the entitled parties over the same period. Ditribution takes place in November, the year following the year of collection.
