It is better to identify the door ofRelated rightsas an artist or professional committed to creating, the aim is to preserve the concrete value of its production in the face of the explosion of digital and media broadcasts. Strongly thought out to protect benefits, these rights offer every actor real opportunities to defend his interests and guarantee aremunerationworthy of this name, far beyond mere copyright; It is a resource of confidence to assert its position in a sector in the midst of a transformation.
Contents
What is neighboring rights?
You may wonder about the protection of a song broadcast on radio or a film broadcast on television: here we meet the principle of neighbouring rights. Simply remember: these rights combine all the prerogatives granted to performers, producers (phonograms, videograms) and audiovisual undertakings, guaranteeing control tools on the exploitation of their performances as well as fair remuneration in exchange – a point regularly raised by industry experts.
In France, this system has existed legally since Act No. 85-660 of 3 July 1985. It evolves regularly: the inclusion of digital media, platforms such as Spotify or YouTube, illustrates this adaptation. Note however: unlike copyright, neighboring rights do not cover « The work » it itself, but how this work is carried, interpreted or disseminated. This shade sheds light on the diversity of rightholders: performers (musicians, actors, dancers), producers (studios, companies), audiovisual companies. Everyone has a field of protection!
To put it concretely: the protection associated with neighbouring rights lasts50 to 70 yearsdepending on the sector – for example,70 years for a song published after 2013. Another important aspect concerns thefair remuneration, ranging from 1.65% to 5% of revenueAccording to the fields (discotheques, radios, televisions), going far from negligible for the entertainment professionals. It is not uncommon to meet artists who do not know that they could claim it. Finally, nothing replaces a small check to avoid any bad surprise!
An essential distinction with copyright
During training, one of the main points of blur is the real difference between copyright and neighbouring rights. The object of copyright is the intellectual creation itself (words, scores, scenarios), while neighbouring rights protect the concrete performance, its recording or dissemination, as well as the technical investments around the work.
Recognizing the border means taking into account several elements:
- The composer collects copyright; the singer or bassist, the neighbouring rights relating to their performance.
- In the case of records or films, the producer has similar rights in the commercial exploitation of such works.
- On the media side, television or radio stations enjoy neighbouring rights for the protection of their own programmes.
In practice, there is frequent confusion about the manager of these rights. Example lived in a workshop: many artists imagine that SACEM « all rights », whereas in reality, for neighbouring rights, other specialized bodies – such as Spre, Adami or CPSP – intervene. A surprise often noted during the careful reading of an artist's payroll, where the lines of provenance show the diversity of rights management!
The legal and international framework: a tailor-made guarantee
These rights are regulated by the Intellectual Property Code (articles L211-1 et seq.), rooted in the 1961 Rome Convention. It should be noted that European developments – via Directive 93/98/EEC and, recently, 2019/790 – have increased the coherence of protection, particularly for the press. In cases of abuse, the sanctions are very deterrent:fine up to 300 000 €andpossible three-year prison sentence.
The application of the law, both at national and European level, thus affords the rightholders considerable security. Imagine, for example, a musician whose live would be exploited without permission on a popular platform: the range of legal tools now allows us to act quickly, and efficiently. Several collective management professionals note that the framework has been considerably strengthened with the advent of streaming (and social networks).
Summary of key points
- ✅ Neighboring rights protect the performance of artists, producers and broadcasters, distinct from copyright.
- ✅ Fair pay varies between 1.65% and 5% across sectors.
- ✅ The national and European legal framework provides effective protections and sanctions.
Who benefits from neighbouring rights?
The first reaction at a workshop on neighboring rights remains the discovery: the list of rightholders extends far beyond musicians. Technological and media developments increase this diversity each year, which is sometimes misunderstood by the general public.
The three traditional categories
Originally, a trilogy of sets takes advantage of neighbouring rights:
- Performers: singers, actors, musicians, dancers, in other words all those who breathe life into a work through their performance (some stage technicians ask about the scope of their own participation – jurisprudence has sometimes decided!).
- Producers of phonograms and videograms: at home they concentrate the production and realization of the recording or film (disc houses, audiovisual companies).
- Audiovisual communication companies: television and radio channels, as broadcasters to the public.
Each category holds property rights (exploitation, remuneration sharing) and, for artists, moral rights (respect for name, performance...). In the event of a dispute, it is understood that the broadcast of a concert without the consent of the principal soloist may have resulted in a seizure-counterfeiting procedure before the courts. Some specialized lawyers also refer to the proliferation of these cases.
Modern evolution: the press, podcasts and digital
The great novelty of recent years is the broadening of the scope of action, including the establishment of similar rights specific to publishers and news agencies (law of 2019 in France, and Directive 2019/790 on a European scale). This implies that any resumption or dissemination of articles (by Google News, Facebook, or via aggregators) now implies aremuneration for the press.
One of the most resounding cases: Google's conviction (€500 million fined in 2021) for non-payment of rights to publishers, followed in 2024 by a daily penalty payment of900 000 €. A revealing case, as it highlights the rise of financial issues, as journalists regularly remind us at sector conferences.
How long does the protection last according to the beneficiary?
Protection periods vary according to the profiles concerned:
- Artists and Producers:50 years(or70 yearsfor a post-2013 musical publication.
- Written press:2 yearsdefault – up to5 yearsfor certain types of exploitation.
Where copyright protection extends70 years after the author's death, the duration of neighbouring rights begins with the first public or commercial broadcast. Detail to keep in mind for those who structure their artistic or editorial career: optimising your strategy often requires a fine mastery of these subtleties!
Good to know
I recommend that you carefully check the date of publication of your work to know exactly the duration of protection of neighbouring rights, which varies depending on the case.
How does obtaining and managing neighbouring rights work?
Starting the declaration and management of neighbouring rights may seem like a real puzzle, except when you have the right contacts and a proven methodology.
Concrete approaches, organization by organization
In France, collective management prevails: individual approaches prove impossible, everything goes through dedicated companies. For artists, Adami and Spedidam serve as reference; for producers, it is mainly the CPSP and the SPPF; for the press, the DVPress is requested. Feedback from users indicates that Adami, for example, offers assistance that is considered particularly effective.
Key milestones:
- Report benefits each year or after each new contribution.
- Transmit records, contracts and any necessary supporting documentation.
- Simulate the amount of his remuneration via online platforms (for example, Adami's satisfaction rating reached4,6/5out of 487 opinions after Justifit).
- In case of disagreement, use legal aid or a lawyer specialized in the field.
Digitalization is rapidly evolving: member spaces, FAQs, downloadable guides, and custom contacts are now available. An example: a young musician says that he saved hours with the available simulators – the difference in remuneration from one sector to another can surprise! In case of doubt, it remains wise to check each new broadcast.
Fair pay: how much, and how does it work?
Remuneration takes various forms: discotheque distribution reserves1,65%revenue, radio reaches5%(including advertising), television2%. After collection, organizations redistribute the funds, taking into account the actual distribution of interpretations or broadcasts. The calculations are regularly challenged: a producer recently shared her experience of a disagreement that required the intervention of a mediator... Like, it happens even in the most structured projects.
| Sector | Equitable rate of pay |
|---|---|
| Discotheques | 1,65% |
| Radios | 5% |
| Television | 2% |
With the sharp rise of streaming and the rise of podcasts, new collection models are emerging and distributions are being followed up. Some observers point out that transparency is increasing, which helps reassure young talent like experienced professionals.
Penalties, litigation and remedies
In the event of non-compliance with neighbouring rights or compensation disputes, the following measures are envisaged:
To ensure optimal protection of your creations and understand how to value them, discover thisconcrete guide to protect your works and copyright.
To better understand how digital platforms redefine balance, exploremanagement of musical rights in the digital age: impact of platforms.
For the effective protection of your works within the framework of neighbouring rights, it is essential to master the basics ofcopyright music: understanding the key points to protect its creations.
- Possibility of bringing civil (counterfeiting) or criminal proceedings in case of non-payment.
- Financial penalty up to300 000 €.
- Penalty of imprisonment up to3 years.
In such cases, the first recommended reflex is to seek an expert lawyer or to activate the assistance available from collective societies. Several artists testify to having collected unhoped sums after recounting or contesting; Therefore, it is better not to leave anything behind, especially as case law evolves over the years.
Summary of key points
- ✅ The management of neighbouring rights depends mainly on specialized collective societies.
- ✅ Rates of pay vary by sector: discotheques, radios, televisions.
- ✅ In the event of a dispute, civil and criminal remedies are available with financial and criminal sanctions.
Issues, practical cases and topicality of neighbouring rights
Since these rights apply to both music and the press, audiovisual and digital, it is worth decrypting the actual uses and dynamics of the sector. This is particularly true at a time when streaming and new media are shaking the picture: some lawyers recall that any technical innovation may require an adaptation of the existing framework.
Music, audiovisual, press: highlights and regular developments
In the musical world, neighbouring rights sometimes prove to be an indispensable "second pay": in2023, Adami donated (between 30 and 35 million euros) to its members, a sum modulated according to the actual diffusion of the works. In the press, the strengthening of the neighbouring right was accelerated under pressure from groups like Google: the fine ofEUR 500 millionobtained in 2021 shook the area. We sometimes have fun, at professional conferences, decorating the real amounts generated by a few seconds of broadcast!
What many are hesitant to undertake: declare themselves fully in order not to lose any of their rights. However, digitalization, the development of streaming or the AIA continually brings new beneficiaries and new formats to watch. A trainer recently noted that consulting with specialized agencies is the best way to avoid missing any valuation options.
The impact of digital and streaming on neighbouring rights
The massive arrival of digital has redesigned the field: musical streaming, podcasts, video are integrated into the field of these rights. Platforms such as Spotify, Deezer, or podcast services systematically return payments according to negotiated contracts. However, many self-employed people are reluctant to initiate the procedure because of fear of too heavy a procedure, or mistakenly considering that only « big names » You're entitled to it. As soon as the criteria of interpreter or producer are met, the door is opened!
A practical point to consider: collective management, even for small distributions, secures rights and payments. To ensure this, there are free simulators (DVPress, Adami, Justifit) and guides adapted to each profile. It is difficult to imagine the number of entitlement holders who discover unsuspected income, simply after verifying a return. Is it really out of range? For many, the answer is no.
FAQ – Your questions, our practical answers
Any more doubts? Here are the most common questions, with concrete answers:
- What is the difference with copyright?Related rights cover performance (interpretation, dissemination), while copyright refers to intellectual creation.
- How long do these rights protect a work?Duration oscillates between50 and 70 yearsby sector, while copyright extends70 years after the author's disappearance.
- How to collect remuneration?By joining the organization concerned, then formally declaring its services (most offer simulators or assistance to guide the process).
- What is the risk of an infringement?Penalties are serious: fine of up to300 000 €, seizure-counterfeiting, even imprisonment. The device is strictly applied.
Finally, a board shared by several managers: take each year a moment to control your broadcasts with a competent person or via the site of collecting organizations. A failure to report can sometimes be costly, even on amounts that were thought to be modest.
To go further: practical resources & useful links
To deepen or begin your efforts, these three resources are a reference:
- Ministry of Culture: regulatory framework, practical dossiers, updated French information
- European Commissionoverview of directives, European news on neighbouring rights
- Justice: online simulator, accompanying guides, network of experts
More than ever, vigilance remains in the face of digital change. If the slightest question remains, you should know that personal support is always possible with a collective management company or an expert in the field: each case has its own specific characteristics (and sometimes unexpected surprises).
Updated on 23 March 2026
