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FRANCE EXPORT HANDBOOK

I. THE PHONOGRAPHIC MARKET ................................................................................................................ 3 1.

THE RECORD MARKET........................................................................................................................ 3 THE KEY FIGURES ............................................................................................................................... 4 1.1.1 Turnover and world-wide rank ............................................................................................... 4 1.1.2 Sales by medium, by format.................................................................................................... 4 1.1.3 The 2003 bestsellers –the certifications ................................................................................. 7 1.1.4 The genres: importance and market share............................................................................... 7 1.1.5 The export............................................................................................................................. 12 1.2 EUROPEAN REPERTOIRE SOLD IN FRANCE ................................................................................ 14 1.2.1 Principal successes ............................................................................................................... 14 1.2.2 Supply of European artists.................................................................................................... 15 1.3 THE NEW MEDIA................................................................................................................................ 19 1.3.1 Online music......................................................................................................................... 19 1.3.2 Mobile ringtones................................................................................................................... 21 1.1

2. 2.1 2.2 2.3 2.4

THE RECORD LABELS ........................................................................................................................ 22 General information ............................................................................................................................... 22 Major companies.................................................................................................................................... 22 Independent record labels ...................................................................................................................... 24 Trade fairs .............................................................................................................................................. 27

3.1 3.2 3.3

THE DISTRIBUTION............................................................................................................................. 27 Distributors ............................................................................................................................................ 28 Store chains............................................................................................................................................ 28 Importers............................................................................................................................................... 29

4.1 4.2 4.3 4.4 4.5

COPYRIGHTS......................................................................................................................................... 30 THE LEGAL FRAMEWORK ............................................................................................................... 31 AUTHORS AND PUBLISHERS .......................................................................................................... 35 COLLECTIVELY MANAGED COPYRIGHTS AND NEIGHBOURING RIGHTS .......................... 37 THE ORIGIN OF RIGHTS COLLECTED IN 2002 (SACEM / SDRM) .............................................. 38 SYNCHRONISATION.......................................................................................................................... 40

3.

4.

II. THE LIVE SCENE......................................................................................................................................... 44 1.

THE GEOGRAPHIC DISTRIBUTION OF LIVE SHOWS................................................................ 44

2.

CONCERT VENUES .............................................................................................................................. 45

3.

FESTIVALS ............................................................................................................................................. 46

4.

TICKET PRICES .................................................................................................................................... 48

5.

THE REPERTOIRES ............................................................................................................................. 48

6.

THE ARTISTIC AGENT, THE LIVE SHOW ENTREPRENEUR AND THE MANAGER ........... 49

7.

THE LEGAL FRAMEWORK: THE ARTIST, LABOUR LAW AND PRESUMPTION OF EMPLOYMENT, EMPLOYMENT OF FOREIGN ARTISTS AND CONTRACTS........................ 52 7.1 LEGISLATIVE AND ADMINISTRATIVE ASPECTS........................................................................ 52 7.2 EMPLOYING A FOREIGN ARTIST IN FRANCE.............................................................................. 55 7.3 CONTRACTS........................................................................................................................................ 58 7.3.1 The contract of commitment of artists .................................................................................. 58 7.3.2 The contract of transfer of the exploitation rights of a performance..................................... 58 7.3.3 The contract of co-realisation ............................................................................................... 59 7.3.4. The contract of co-production ............................................................................................. 60 7.3.5. The contract of provision of services................................................................................... 60

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8.

PROMOTION.......................................................................................................................................... 61

9.

NETWORKS............................................................................................................................................ 65

10.

THE UNIONS .......................................................................................................................................... 66

11.

CONTACTS FOR TOUR ORGANISATION IN FRANCE ................................................................ 66

III. MEDIA........................................................................................................................................................... 71 1. 1.1 1.2 1.3

PRESS....................................................................................................................................................... 71 General and specialised press................................................................................................................. 71 Press by musical genre and its circulation in number of copies ............................................................. 71 Cyber–press ........................................................................................................................................... 73

2.1 2.2 2.3 2.4

RADIO ...................................................................................................................................................... 73 The legal framework: quotas of diffusion (laws of 1986 and 2000) ...................................................... 74 Radiophonic landscape .......................................................................................................................... 75 Musical genres ....................................................................................................................................... 78 Rotation of titles and evolution of playlists, classifications ................................................................... 81

3.1 3.2

TELEVISION........................................................................................................................................... 82 Terrestrial television .............................................................................................................................. 82 Cable and satellite.................................................................................................................................. 85

2.

3.

4.

ADVERTISING INVESTMENTS.......................................................................................................... 88

IV. PROFESSIONAL AND INSTITUTIONAL ORGANISATIONS ............................................................. 90 1. 1.1. 1.2 1.3.

EXPORT HELPING ORGANISATIONS ............................................................................................. 90 THE FRENCH MUSIC EXPORT OFFICE .......................................................................................... 90 THE FRENCH ASSOCIATION FOR THE PROMOTION OF THE ARTS/AFAA............................. 93 FRANCOPHONY DIFFUSION............................................................................................................ 94

2

THE INTERVENTION OF THE STATE AND TERRITORIAL COMMUNITIES ............................ 95 2.1. The Ministry of Culture and the DRAC...................................................................................................... 95 2.2 LOCAL AUTHORITIES ....................................................................................................................... 96

3

PROFESSIONAL ORGANISATIONS AND CIVIL SOCIETIES.......................................................... 97 3.1. PROFESSIONAL ORGANISATIONS ................................................................................................. 97 3.2. CIVIL ORGANISATIONS.................................................................................................................... 99 3.2.1 Author organisations........................................................................................................... 101 3.2.2 Artist organisations............................................................................................................. 102 3.2.3 Producer organisations ....................................................................................................... 103 3.2.4 General interest................................................................................................................... 104 3.3 TRADE UNIONS ................................................................................................................................ 106

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I. THE PHONOGRAPHIC MARKET In 2003, France joined the principal countries affected by the record crisis where the regression of turnover reached a two-digit rate. France recorded its strongest recession of principal record markets in the first trimester of 2004 with a drop of 21.4% in value. Even if, in the USA the sales figures in December were rather encouraging, the world market is going through an unprecedented crisis: it lost one quarter of its value over the last four years. The explosion of free music exchange (having doubled between 2002 and 2003) can only lead to the strong deflation noticeable today. If up to 80% of music consumption is free then the whole economy of a sector is threatened with consequences that could be dramatic for the French music industry. However, tracks of recovery seem to be launched by the Internet and payable downloading as well as by the fully booming market of mobile ringtones.

1.

THE RECORD MARKET YEAR 2002

YEAR 2003

EVOLUTION

TURNOVER (million euros)

1302

1112

-14.6%

Singles

133.6

100.8

-24.5%

Albums

1095.7

903.1

-17.6%

Video

53.3

91

+70.8%

SOLD COPIES (in millions)

171

151

-11.5%

Singles

39.3

30

-23.7%

Albums

125.7

111.2

-11.6%

Video

3.8

7.3

+88%

VENTILATION OF TURNOVER BY REPERTOIRE Classical music

4.7%

4.5%

-0.2 point

French pop

59.1%

60%

+0.9 point

International pop

36.2%

35.5%

-0.7 point

[2.7%]

[3.3%]

[+ 0.6 point]

JAZZ (already included in the French and international pop categories)

Source: SNEP

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1.1

THE KEY FIGURES

1.1.1

Turnover and world-wide rank

According to the IFPI (International Federation of the Phonographic Industry), France is the 4th largest market in the world in value in 2003 (after the USA, Japan and Great Britain) with a retail turnover of 1,990 million dollars, representing 6.4% of world-wide sales. We note that record sales have regressed by 14.6% (in value) compared to 2002, adding up to 1,302 billion euros in 2003. 116 million copies were sold which is a regression of -11.5% in volume. Throughout the year, monthly turnover was, without exception, inferior to that of 2002 and 2001 which were, moreover, very good years with a constant increase in turnover. The decline of the market in 2003 cancels six years of evolution representing an average annual growth of 3%. In 2003, the record market in France is thus on a lower level than in 1997.

1.1.2

Sales by medium, by format

I n2003,t her e t a i lma r k e tof“ a udi o”( a l bumsa nds i ng l e s )r e pr e s e nt e d116mi l l i ons ol d copies with a turnover of 1.64 billion euros (inclusive of tax). Long playing formats (LPs) represented three quarters of sold copies (73.6%) and 90% of turnover. With the exception of the video, the decline of the market strikes all mediums and all genres.

Source: SNEP 2003

The singles market regressed by 24% in 2003. 30 million copies were sold in 2003 compared to 39.3 million sold copies in 2002. The market thus falls back to its 1996 level

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with a 2003 turnover of 101 million euros. Facing the decline of the single, the number of singles available in shops will strongly decrease in 2004. In 2003, the number of singles marketed dropped by 16% compared to 2002. Only one single exceeded the threshold of 750,000 sold copies in 2003: DJ Bobowi t h“ Chi hua h ua ” .TheFr e nc hs i ng l et ha ts t a y e d a mongt hebe s t s e l l e r sf ort h el ong e s tt i me( 33we e k s )i sPr i s c i l l a ’ s“ Tc houkt c houkmus i c ” .

Source: SNEP

The francophone singles (-16% in volume) withstand better than the international singles (-36%). Thus they reach 67% of sales in short playing formats as opposed to 62% in 2002 and 2001.

Like in 2002, we count 7 francophone singles among the 10 bestsellers in the year 2003: TRAGEDIE (Hey oh), DIS L'HEURE 2 ZOUK (Ma rivale, fiesta latina), CHIMENE BADI (Entre nous), ALPHONSE BROWN (Le frunkp), LORIE (Sur un air latino), FLORENT PAGNY (Ma liberté de penser) and DIAM'S (DJ).

The album market is also declining. In 2003, 111.2 million copies of albums were sold as opposed to 125.7 in 2002. Album sales regress by 17.6% in value and by 11,6% in volume. The total loss of audio turnover in 2003 adds up to 226 million (-18%): - 193 million euros, which is 85% of the total loss for the albums and -33 million for the singles, which is 15%. And yet the number of albums marketed has strongly progressed (+31%) compared to 2002.

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The DVD overtakes the record

The music video market is marked by an explosion in DVD sales. In 2003, the wholesale turnover of DVDs including all genres has risen to 1.2 billion euros excluding VAT, overtaking the turnover of records. 13,000 titles were present on the French market in 2003 and more than 76 million DVDs were sold. This tendency can be observed throughout Europe, as stated by the International Video Federation, which notes an increase of 20% in the European market turnover. There has been a breathtaking increase in the supply since 1997, the consumption has followed. Today, thanks to a more attractive packaging than that ofCD’ sa ndbe i ngmuc hmore difficult to download, the DVD has the wind astern and offers new possibilities to labels. More precisely, the IFPI remarks that in 2003 France is the 4th market in the world in music video sales on DVD after Japan, the USA and Germany.

Music video sales progress by 88% in volume and by 71% in value. Embryonic in 2000, the music video turnover represented 91 millions euros in 2003. Today, the turnover of this market (91 million euros) nearly equals the singles market (101 million euros). The music video sales in million copies increased by 88% between 2002 (3.8) and 2003 (7.3). As a result, the sales performance of music in video format (+38 million euros in 2003 compared to 2002) somewhat mitigates the effects of the deflation of sales in audio format (-226 million euros in 2003). The infatuation for music in video format, especially live DVDs, this year, has been particularly visible over the period before Christmas.

Music video sales 2000

2001

2002

2003

In million copies ns

0.1

3.8

7.3

In million euros

2.1

53.3

91

0.9

Source: SNEP

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1.1.3

The 2003 bestsellers –the certifications

In 2003, 340 titles were certified by the SNEP.

91 SINGLES

48 silver

> 125 000 copies

33 gold

> 250 000

9 platinum

> 500 000

1 diamond

> 750 000

249 ALBUMS

15 silver

> 50 000 copies

107 gold

> 100 000

72 double gold

> 200 000

34 platinum

> 300 000

12 double platinum

> 600 000

5 triple platinum

> 750 000

4 diamond

> 1 000 000

108 MUSIC VIDEOS

43 gold

> 10 000 copies

32 platinum

> 20 000

12 double platinum

> 40 000

10 triple platinum

> 60 000

11 diamond

> 100 000

1.1.4

The genres: importance and market share

In 2003, a morose year for the record industry, women set the tone by placing themselves on the top of the charts: from the pop of Madonna and Nolwenn Leroy to the R&B of Beyoncé, through the world music of Souad Massi and the jazzy touch of Norah Jones. Unfortunately, the statistics do not always give a more detailed distribution by genre,

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however, we can note the little growth of jazz (+0.4 point). The phenomenon of compilations is losing momentum (-3.2 point). Electronic and urban music are also in decline. On the other hand, the progression of local repertoires definitely counterbalances the rather dull evolution of the market, especially if we refer to the growing of investments, which since 1995 have not ceased to progress in favour of national production (513 million Francs –78 million euros), half of which is devoted to young talents. The recipes for success are the duets, live albums and TV reality show derivatives.

2002

2003

EVOLUTION

Genres

2001

Francophone pop

29.6% 33.8% 37.6% +8 points

International pop

17.5% 22.1% 25.9% +8.4 points

Compilations

22.3% 25.5% 19.1% -3.2 points

CLASSICAL

4%

Jazz

2.8% 2.6% 3.2% +0.4 point

Techno-jungle-house

3.7% 0.8% 0.4% -3.3 points

Rap-Hip-hop

3.4% 0.9% 0.3% -3.1 points

World-reggae

3.3% 2.3% 2.8% -0.5 point

Soul funk-R&B

3%

Original Movie Soundtracks

2.2% 1.7% 1.8% -0.4 point

Others

8.2% 6%

2003/2001

3.5% 4.1% -0.1 point

0.9% 0.3% -2.7 points

4.3% -3.9 points

Source: SNEP

Pop: The turnover of pop represented 144 million copies sold (-11.6%) for a turnover of 1,062 million euros (-14.4% which is 179 million less than in 2002). The loss of turnover of this genre (-179 million euros) is ascribable up to 57% to francophone pop (-102 million euros) against 43% to international pop (-77 million euros). The best resistance of the francophone repertoire allows a new opening within pop sales: 62.9% of pop turnover in 2003, against 61.9% in 2002 and 62.2% in 2001. Lastly, we note that in two years francophone pop gained 8 points and international pop 8.4 points to the detriment of

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compilations (-3.2 points), techno/jungle/house (-3.3 points), rap/hip hop (-3.1 points) and soul funk/R&B (-2.7 points) in particular.

National pop predominates, composing 37.6% of the market, as is shown by the 2003 distribution of turnover by musical genres. Generally speaking, in 1999 France became the European country where the weight of local repertoires taking all genres together is the strongest, positioning way before Great Britain. In 2003, the SNEP (National Union of Phonographic Publications) notes a constant increase in this market, representing 60% in value compared to 35.5% totalled up by international repertoires and 4.5% by classical music.

Lastly, that year we count seven francophone artists among the ten best-selling albums (against nine artists in 2002 as well as in 2001): FLORENT PAGNY (Ailleurs Land), CARLA BRUNI (Quelqu'un m'a dit), KYO (Le chemin), CELINE DION (Une fille & 4 types), LES ENFOIRES (La foire aux enfoirés), CALOGERO (Calogéro) and HELENE SEGARA (Humaine). Let us also note that Carla Bruni (Quelqu'un m'a dit) and Indochine (Paradize) are the longest running francophone albums (52 consecutive weeks) in 2003.

Florent Pagny is the only French artist to obtain a diamond record (1,000,000 albums s ol d)wi t hhi so pus“ Ai l l e ur sLa nd ”r e l e a s e di n2003.Mor e ov e r ,wi t h“ Mal i be r t éde pe ns e r ” ,t hes i ng e rma deama s t e r l yr e t ur nt ot hes i ng l e sc ha r t .Ca l og e r obe c omes double platinum (700,000 sold copies) with his self-titled album released in 2002. Lastly, the group of the Enfoirés disposed of 750,000 copies of their live album. French chanson represented by artists like M, Sanseverino, Bénabar or Fred, evolves rather well and promises nice surprises for the year 2004.

Lastly, among the 100 best-selling albums in 2003 in France, 5 are productions emerging from TV reality shows. Moreover, the second best-selling album of the national repertoire of Uni v e r s a li s“ St a rAc a de myf a i ts aBa mba ” .Thes a l e soft he s epr oduc t sde r i v i ngf r om reality shows have, however, dropped compared to the peak of sales reached in 2002. International pop is represented by artists such as Norah Jones “ Comeawa ywi t hme ” , Dido “ Whi t eFl a g ” , Shakira “ La undr ySe r v i c e ”a ndAnastacia “ Nott ha tKi nd”r a t e di nt he 20 best-selling albums in 2003. Among the longest running international albums we can find Coldplay (A rush of blood to the head), Avril Lavigne (Let go) and Norah Jones (Come

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away with me). This last one remained on the top of the album chart all summer with a total of 1 million copies sold. Justin Timberlake was the most played artist on television in 2003. Accustomed to sales in the thousands, Céline Dion, Hélène Ségara and Dido sold respectively 800.000 copies of their albums.

Rock remains the second musical trend (we even talk about an expected strong return), after French and international pop, way ahead of rap and electronic music, as illustrated by bands such as Placebo and Muse. The band Evanescence shows the success of the genre in Fr a n c ewi t ht he i ra l bum“ Fa l l e n” ,ofwhi c ht he ys ol dmor et ha n700, 000c op i e s . Finally, metal is experiencing a revival in France with the success of Limp Bizkits and Deftones, among others. More mainstream, Kyo is indisputably the rock discovery of the year 2003. Considerably r e wa r de da tt hel a s tNRJMus i cAwa r ds ,“ Lec he mi n” ,t het i t l eoft he i ropus ,wa ss ol di n mor et ha n850. 000c opi e s .The i rs i n g l e“ De r ni è r eda ns e ”r e a c he dNumber 1 in the general television classification Muzicast of year 2003 (the annual classification of the most frequently played videos on television) with 3571 diffusions. Moreover, his duet with the Dutch Sita reached 22 in the classification of the 50 most frequently played videos in 2003 (source: Yacast). Rock albums, however, often remain marginal on radio and TV networks and their sales rarely exceed 15,000 copies. Apart from the press, Internet becomes the other media making it possible for these productions to be heard. The ever dynamic scene (with the growth in its own genre like ska-rock, illustrated in particular by La Ruda), also remains the strongest means for making sales take off.

The classical repertoire is marked by a new decline. In 2003, sales of the classical repertoire represented 4.5% of the total turnover in the music market, which is a light erosion compared to 2002 (4.7%). The classical turnover represented 7.5 million sold copies (-13%) with a turnover of 50 million euros (-17.5% in value, which is 10 million euros less than in 2002). Ac c o r di ngt ot heBr i c a r dRe por t :“ Twe nt yr e c omme nda t i on sf ort hes ur v i v a lofc l a s s i c a l mus i cr e c or ds ”publ i s he di nDe c e mbe r2003,i ns pi t eofa ni mpor t a nts uppl yoft hema r k e t and an extraordinary vitality of its actors, French production is very fragile. The classical music market has been in a constant decline for the last 15 years. The report deplores that export sales are insufficient and that classical music is under-represented in on-line music shops and in the medias, especially on television.

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Tome nt i ont hewi nne r soft he“ Vi c t oi r e sdel aMus i que ”a wa r ds ,c l a s s i c a lmus i ce di t i on 2004,ha v i ngr e c e i v e dt he“ Vi c t oi r e sd’ honne ur ”a wa r da r eMs t i s l a vRos t r opov i c h,J e a nClaude Casadesus, Hélène Grimaud and Etienne Vatelot.

Jazz remains stable. The international market concentrates on female voices, the best example being Norah Jones. Sales exceeding 10,000 copies remain exceptional, 3000 albums already representing a certain success. Certainly the new re-editions and casket packaging sell faster than young talents. In France, the year 2003 was marked by the Belmondo brothers and the Franck Avitabile New Trio who, moreover, were among the wi nne r soft he“ Vi c t oi r e sduJ a z z2004”a wa r ds .

Blues celebrates its 100th birthday in 2003 in the USA. In France, recording relative sales, it is yet equally in the place of honour thanks to a series of albums and films dedicated to it.

Electronic music records a drop of 3.3 points in 2003 compared to 2001. This decrease in sales is especially remarked within the majors. Artists produced by independent labels reach their best results. These trendy products show the success of electronic music combined with the world of fashion and advertising. Clubs and dancefloors are still and will always be the number one promotional sites for the numerous electronic artists.

Rap is losing momentum in spite of the success of the American Eminem, (The Eminem show), one of the longest running international albums in the top 50, and 50 Cent. This genre loses 3.1 points. We can note, however, French success albums like MC Sol aar ’ s pl a t i num “ Ma c h6” ,I AM’ sdoubl eg ol d“ Re v oi runpr i nt e mps ”a ndDi am’ sg ol d“ Br utde f e mme ” .Ra pa ndR’ n’ Ba r et hef a v our i t emus i c a lg e nr e sofy out hbe t we e nt hea g e sof11 and 20 years, way ahead of techno, points out Médiamétrie in its 2003 study on the behaviour of youth. Rap singles also sell better than pop singles.

World music affirms its presence in France, just like abroad, in particular with Cesaria Evora and her records for e xpor t“ Vozd’ a mor ”( 125, 000 a l bums )a nd “ Ant hol o g y ” (141,000 albums), Susheela Raman or Noah. A series of new artists take over by crossing traditional music and pop, rock or electro. The lifespan of their albums is much longer than those of other genres thanks to their presence at numerous festivals and word of mouth promotion.

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The number of compilations including all genres almost did not evolve at all between 2002 and 2003. 365 different titles were classified in 2003 among the best record sales against 360 in 2002. Thec ompi l a t i on“ I nf i ni me nt ”ofJ a c que sBr e la c hi e v e dthe best sales in the compilation section of the year 2003.

The phenomenon of signing new artists is decreasing (- 29.7%) after a long period of sustained growth. 64 new francophone artists were signed over the first half of 2003 and more than a third of them were first signatures. It is exactly the same number as that noted for the first half of 1998. Over the following years, the policy of signature was very constant with a semi-annual average of 87 new signatures. Let us note that, the number of new signatures remains higher than that of the returning contracts (47 for the first half of 2003). 22 of the 67 singles certified by the SNEP in 2003 are by new francophone talents. Their share in the number of singles certified drops slightly with 33% against 38% in 2002.

1.1.5 The export

In 2002 French record companies, saved until then, faced the export crisis, which had already reached the industry on an international scale. Export sales dropped by 16.9% (in volume) between 2001 and 2002, going from nearly 40 million sold copies in 2001 to 33 million in 2002.

Following the exceptionally brilliant year of 2001, marked by the numerous extremely strong releases perfectly adapted for export, the challenge was difficult to accept. French record company export sales thus recorded an important drop which, on a strongly declining international market, remains modest, especially thanks to the outstanding projects released in 2001 whose sales went on in 2002 (Daft Punk, Manu Chao, Yann Tiersen, Cesaria Evora, Lorie, Deep Forest, Anggun, Noir Désir).

The tendency for the year 2003 is equally downwards before the jump start in 2004 the profession is hoping for, especially thanks to the new albums of internationally renowned French artists (in particular Air, Jane Birkin, Patricia Kaas, Rachid Taha, Gotan Project and Phoenix). Record companies will have to double their efforts and financial investments to make foreign distributors interested in their artists.

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In terms of geographic distribution, in spite of a drop in volume, Europe remains the favourite continent for French music, the biggest success recorded in Belgium, Great Britain and Germany.

Distribution of foreign sales by geographic zones in 2002:

Europe:

66.1% of sales

America:

17.5%

Asia:

10.5%

Oceania:

4.4%

Africa:

1.4%

Source: SNEP

Distribution of sales in Europe in 2002:

Great Britain:

21.5% of sales

Germany:

17.5%

Belgium:

26.9%

Netherlands:

11.1%

Italy:

11.8%

Spain:

11.2%

Source: SNEP

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New 2003 releases sold for export (figures between 1st January 02 and 30th October 03):

In spite of this morose tendency, in 2003 France collected beautiful certifications to export anyway. With the worldwide success of a film (Le Fabuleux Destin d’ Amé l i ePou l a i n)a nd electro, French music is recognised abroad for its richness and its artistic quality. Whereas Ca r l aBr uni ’ sa l bum s ungi nFr e nc he xpor t e dhe ra br oa dwi t houta ni mpor t a ntma r k e t i ng campaign. The best-selling single for export in 2003 is One-T’ s“ Thema g i ck e y ” ,c l a s s i f i e d as a silver single with 125,000 copies.

Ya nnTi e r s e n( EMI ) ,“ LeFa bul e uxDe s t i nd’ Amé l i ePoul a i n”( 900000a l bums ) Er a( Un i v e r s a l ) ,“ TheMa s s ”( 300000a l bums ) Ca r l aBr uni( Na ï v e ) ,“ Que l qu’ unm’ adi t ”( 300000a l bums ) He nr iSa l v a dor( EMI ) ,“ Cha mbr ea v e cv ue ” ( 200000a l bums ) Na t a s haStPi e r( Sony ) ,“ Del ’ a mou r ,l emi e u x”( 200000a l bums ) Pa t r i c i aKa a s( Sony ) ,“ Pi a noBa r ”( 2000 00a l bums )a nd“ Se xef or t ”( 100000a l bums ) Ce s a r i aEv or a( BMG) ,“ Vozd’ a mor ”( 125000a l bums )a nd“ Ant hol og y ”( 141000a l bums ) Di v e r s( Cha l l ’ OMus i c ) ,“ BuddhaBa rVol ume2”( 200000a l bums ) Di v e r s( Ge or g eV) ,“ BuddhaBa rVol ume4”( 10 0000a l bums ) Di v e r s( Ps c he nt ) ,“ Hot e lCos t e s5”( 100000a l bums ) OST( EMI ) ,“ Ta xi3”( 50000a l bums )

Source: SNEP

1.2

EUROPEAN REPERTOIRE SOLD IN FRANCE

1.2.1

Principal successes

The European repertoire in France varies from Greek world music artists to Scandinavian jazz musicians through English pop. We could generally say that northern countries export their rock/pop, jazz and electro to France, where lyrics are mainly in English, while southern countries export world music and pop and sing in their mother tongue. Great Britain, the 3rd biggest market worldwide and the 1st in Europe, is of course an exception, since it is considerably present in all genres and its influence on France is as important as that of the United States.

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1.2.2

Supply of European artists

The records of European artists who earned a certain success in France:

Germany: Schneider TM (elec.), To Rococo Rot (elec.), Eberhard Weber (jazz), DJ Hell (elec.), Kraftwerk (elec.), Phantom & Ghost (elec.)

Austria: Sofa Surfers (elec.), Kruder & Dorfmeister (elec.), Dzihan & Kamien (elec.) Belgium: K’ sCho i c e( r oc k ) ,dEUS( r oc k ) ,Soulwax (rock), Arno (rock), Girls in Hawaii (rock), Front 242 (elec.), Philip Catherine (jazz), Maurane (pop), An Pierlé (pop), David Linx (jazz)

Denmark: Kashmir (rock), Lillë (elec.), Under Byen (pop), Junior Senior (rock), The Raveonettes (rock)

Spain: Ojos de Brujo (world), Paco de Lucia (world), Vicente Amigo (world), La Oreja de Van Gogh (pop), Estrella Morente (world), Ana Salazar (world), Carlos Nuñez (world), Luz Casal (pop), José Padilla (elec.), Radio Tarifa (world), Amparanoïa (world/reggae)

Finland: Gjallarhorn (world), Värttinä (world), Redrama (rap), The Rasmus (rock), Pepe de Luxe (electro)

Great Britain: Sophie Ellis Bextor (pop), Robbie Williams (pop), Sting (pop), Craig David (R&B), Dido (pop), Elton John (pop), Stacey Kent (jazz), The Soulsavers (electro), Franz Ferdinand (pop), Radiohead (pop), Coldplay (pop), Muse (rock), Depeche Mode (pop), The Streets (hip hop)

Greece: Sakis Pouvas (pop), Eleftheria Arvanitaki (world), Notis Sfakianakis (world), Angélique Ionatos (world)

Ireland: U2 (pop), Danú (world), Clannad (world), Afro Celt Sound System (world), The Chieftains (world), Lunasa (world), The Corrs (pop),

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Italy: Eros Ramazzotti (pop), Laura Pausini (pop), Gianmaria Testa (pop), Zucchero (pop), Tiziana Ferro (pop), Pietra Montecorvino (pop), Umberto Tozzi (pop), Benny Benassi (elec.), Flavio Boltro (jazz), Stefano Bollani (jazz), Stefano Di Battista (jazz), Enrico Rava (jazz), Enrico Pieranunzi (jazz), Avion Travel (pop)

Norway: Mari Boine (world), Royksopp (elec.), King of Convenience (pop), JJ Johanson (rock), Sondre Lerche (pop), Bugge Wesseltoft (jazz), Nils Petter Molvaer (jazz), Jon Christensen (jazz), Madrugada (rock), Cato Salsa Experience (rock), Gluecifer (rock), Ralph Myerz & the Jack Herren Band (electro), Arve Henriksen (jazz), Nils Petter Molvaer (jazz)

Netherlands: Caesar (rock), The Nits (pop), Soundsurfer (pop/rock), Textures (rock), King Shiloh (reggae)

Portugal: Mariza (world), Misia (world), Cristina Branco (world), Dulce Pontes (world), Bevinda (world), Joao Afonso (world), Maria Teresa (world)

Sweden: Backyard Babies (rock), Mando Diao (rock), Lisa Ekdahl (jazz), EST (jazz), Nicolai Dunger (rock), The Cardigans (pop), The Hives (rock), Money Brothers (rock), The Soundtrack of Our Lives (rock)

Classification of some European artists per level of sales in France:

Less than 5000 sold albums:

Under Byen (Dk, pop), Junior Senior (Dk, rock), The Raveonettes (Dk, rock), Cato Salsa Experience (Nor, rock), Ralph Myerz & the Jack Herren Band (Nor, electro), Nicolai Dunger (Sw, rock), Ojos de Brujo (Sp, world), Pepe de Luxe (Fin, electro), The Soulsavers (GB, electro)

Between 5000 and 10 000 sold albums:

Gluecifer (Nor, rock), The Soundtrack of Our Lives (Sw, rock) Mariza (last album Fado Curvo) (Por, world), Maria Teresa (Por, world)

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Stacey Kent (GB, jazz)

Between 10 000 and 20 000 sold albums:

The Cardigans (Sw, pop), The Hives (Sw, rock), Gianmaria Testa (It, pop)

Certified gold albums in 2002 and 2003 (SNEP):

Craig David Slicker than your average (GB) David Bowie Reality & Heathen (GB) Las Ketchup Hijas del tomate (Sp) Morcheeba Fragments of freedom (GB) Robbie Williams Live summer 2003 & Swing when you're winning (GB) The Cardigans Gran turismo (Sw) Benny Benassi Hypnotica (It) Maurane Quand l'humain danse (Bel) Sophie Ellis Bextor Read my lips (GB) Sting Sacred love (GB)

Double gold 200 000: Axelle Red Face a face b (Bel) Eros Ramazzotti 9 (It) Jacques Brel Infiniment (Bel) Robbie Williams I've been expecting you (GB) Sting Brand new day (GB) U2 The best of 1990 –2000 (Ir)

Platinum 300 000: Dido Life for rent (GB) Phil Collins Testify (GB) Robbie Williams Escapology (GB) The Corrs Best of (Ir) Luz Casal Best of (Sp) Eros Ramazzotti Stile libero (It)

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Double platinum 600 000: Laura Pausini E ritorno da te - best of (It) Phil Collins Hits (GB)

Diamond 1000 000: Dido No angel (GB)

The weight of repertoires in the principal European countries in 2002:

Local sales in percentage

Country

Local

International

Classical

France

59

36

5

Greece

57.4

38.8

3.8

Germany

44.7

48.7

6.6

United Kingdom

41.5

52.7

5.8

Spain

37.7

55.6

6.7

Poland

35.1

56.3

8.6

Denmark

33.9

61.8

4.3

Hungary

32.4

53.2

14.4

Ireland

19.2

80.8

0

Netherlands

16.8

77.2

6

Belgium

13.7

83.5

3.3

Portugal

13.2

83.5

3.3

Austria

10.1

79.1

10.8

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1.3

THE NEW MEDIA

1.3.1

Online music

The last figures published by the telecom controlling authority classify France as number one regarding the progress of broadband Internet access. The number of broadband subscribers increased by 50% in the second half of 2003, with 1.2 million new lines, against 1.1 million in Italy, 900,000 in Great Britain, 700,000 in Germany and 400,000 in Spain. With a penetration rate of 6.2% of broadband access, France already exceeds the European average of 6%. The European record is held by Denmark (12.7%), which precedes Belgium (12.1%), the Netherlands (11%) and Sweden (10.4%). ADSL represents 89% of the market with 3 million subscribers, against 400,000 for cable and other access technologies. According to Médiamétrie, in 2003 the French spent on average 14 hours and 66 minutes per month surfing on the Internet (+30% compared to 2002). In France, 8.5% of French Internet subscribers had a broadband connection in February 2003. Broadband access, making it possible to download musical files 10 times faster than the other types of Internet connection, is the source of the phenomenon of illegal downloading.

In Europe, 13% of the Net surfers used peer-to-peer networks in 2002 and half of them were less than 24 years old. 75% of the European broadband subscribers connected on peer-topeer at least once in 2002. In the same year, the rate of piracy was 10% in France. 16.4 million audio files are downloaded in one day in France.

Having become aware of the extent of the problem generated by illegal downloading, the authorities set up the site www.promusicfrance.com, the French version of the European site pro-music.org. It is intended to promote the legal services of online music and to explain the dangers of piracy to the public which threatens the music industry.

As in the United States, a public awareness campaign on the consequences of piracy was launched in France by the SNEP, the National Union of Phonographic Publications. It aimed at making it clear to the public that free downloading is an illegal practice which could lead to legal proceedings in front of the French court. Moreover, the SCPP (Association of Music Producers) announced in June 2004 that more than twenty complaints against X were made in France against individuals practising illicit downloading of music through peer-to-peer networks.

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In 2003, the online world music market represented between one and two billion dollars including 400 million in Europe, according to SCREEN and NPA Conseil. Faced with the digital revolution, the record industry must adapt its production and distribution methods and be protected from piracy. The whole model of the economic sector is called into question. As for the worldwide market of ADSL, it doubled between 2001 and 2002. According to an Ipsos survey conducted in 2003, in France 28% of the Net surfers claim to listen to the radio online and 21% download music. (We can compare these figures with the situation in the USA, where 50% listen to the radio and 40% download music). In 2003, the number of titles downloaded in the world rises to 150 billion i.e. twice as much as in 2002 and three times more than in 2001.

Legal websites of online music:

1. In June 2004 Apple comes out with its site for online music sales, the iTunes Music Store in France, Germany and Great Britain (www.apple.com/fr/itunes/store/). 700 000 titles are available (including 12 000 for classical music), released by majors and a dozen of independent labels.

2. Launched in April 2002, website virginmega.fr, the subsidiary of Virgin Megastore France, renewed its design in May 2004 and extended its catalogue to 350,000 titles. This catalogue will reach the number of 600 000 titles available at the end of 2004. Catalogues from all majors as well as catalogues from the principal independent labels are available

3. Fnac launched its site for online music sales fnacmusic.com in September 2004, replacing Digifnac which had been created in March 2001. It already offers 300,000 downloadable titles, with an objective of 500.000 available tracks by the end of 2004 and nearly 1 million at the beginning of 2005.

4. Universal Music France launched e-Compil.fr at the end of 2001, by then the first European legal downloading site. With its 100,000 titles available, e-Compil sold 800,000 tracks, representing an average of 40,000 titles each month. E-compil offers the catalogues of the majors with the exception of EMI, and the catalogues of some independent labels ( Na ï v e ,Sc or pi o…) .

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5. OD2, the first European wholesaler of virtual music, presents a catalogue offering nearly 320 000 titles, a number that should double by the end of 2004 (including catalogues from all majors).Its online music platform Sonic Selector is accessible from the sites of Wanadoo (wanadoo.fr), Tiscali (tiscali.fr), MSN Music (msn.fr), Packard Bell (packardbell.fr), MTV (mtv.fr) and alapage.com. Its catalogue, currently offering 320,000 titles, should double by the end 2004.

1.3.2

Mobile ringtones

Mobile phone ringtones are in full boom. According to the Mobile Data Association, the worldwide sales of ringtones rises to $70 million in 2003 compared to the $40 million reached in 2002. That gives an increase of 60% in only one year. In France, 6.5 million mobile phone users download ringtones in 2004. They introduce the new concept of“ mus i cf orl e i s ur e ” ,t owhi c hf uns ma l lpl a y -gadgets are added more and more: associated screen backgrounds, music related to the agenda, etc... These ringtones are generally selected from the best sales in the charts.

The aggregators are suppliers of services for mobile phones. They work in collaboration wi t hr e c or dc ompa ni e s ,c ompa ni e sf ort hepr ot e c t i onofa ut hor s ’r i g ht sa ndmo bi l es e r v i c e providers in France which are SFR, Orange (France Telecom) and Bouygues Télécom. The main aggregators are Musiwave, Digiplug, Mobivillage and K-mobile.

In March 2004, the SPPF (Syndicate of French Record Producers) signed a draft agreement with each principal editor of musical ringtones for mobile phones: DIGIPLUG,

MOBIVILLAGE,

MUSIWAVE,

ACOTEL

FRANCE,

BONGIORNIO

VITAMINIC FRANCE and UNIVERSAL MOBILE INTERNATIONAL. This agreement aims to support and promote the exploitation of the records of French independent producers within the framework of payable musical ringtones. Moreover, it determines the minimal remunerations which would be applicable in the contractual relationship between independent labels and ringtone editors, as well as the individual standard contract which is likely to be signed with each label. The members of the Board of directors of SPPF hope to be able to sign identical agreements quickly with all ringtones editors.

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2.

THE RECORD LABELS 2.1

GENERAL INFORMATION

Five major companies represent around 84 % of the French market if we include the independent labels distributed by the major companies. If we count approximately 600 independent labels in France, distributed by approximately 75 independent distributors, we can probably consider that a maximum of 200 labels for about twenty distributors have a regular activity in the market.

Practical information:    Artists' contracts are negotiated between 5 % and 9 %, the advances are refundable on the royalties to be collected but the marketing investments are not, except if it is for the advertising campaigns on the television, neither are the tour supports.    Licensing agreements are negotiated between 18 % and 22 % and the advances are refundable on the royalties to be collected but the marketing investments are not, except if it is for the advertising campaigns on the television, neither are the tour supports.    The distribution contracts are negotiated around 40 % - 60 % on the Gross PPD (40 % for the distributor and 60 % for the label) or 30 % - 70 % on the after tax amount charged.    Royalties for the licenses or the artists' contracts are established every six months with a payment within 60 or 90 days at the end of the month.    The sale statements are sent every month to the labels by the distributor and paid within 60 or 90 days.    The distr i but or sa ndt hel a be l sr e t a i n15% oft hes a l e s ’a mountf ort her e t ur ns . These 15 % are reintegrated after six months to a year.

2.2

MAJOR COMPANIES

UNIVERSAL MUSIC The most important one is Universal Music, which represented 33,6 % of the French market in 20031. Universal Music in France is subdivided into seven labels: 1

Figures communicated by the SNEPr e pr e s e n t i n gt h ema j orc ompa n i e s ’ma r k e ts h a r ei n2003

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AZ, Barclay, Mercury, Polydor, Universal Licensing Music, Universal Classics, Universal Music Jazz France Except from Universal Classics and Universal Music Jazz France, it is hard determine a music style for each of these labels. Among the main local artists or artists' repertoires at Universal Music France, we find: Serge Gainsbourg, Georges Brassens, Jacques Brel, Léo Ferré, Jean Ferrat, Vanessa Paradis, Noir Désir, Florent Pagny, Johnny Halliday, Nana Mouskouri, Lara Fabian, Eddy Mitchell, Mylène Farmer, Maxime le Forestier, Maurane, Gé r ar ddePal mas ,Al a i nBas hung,…

SONY MUSIC FRANCE Sony Music is the second record company in France. It represented 20,5 % of the French market in 2003. Sony Music is subdivided into four labels who are sometimes subdivided themselves. Columbia (Columbia, Saint George, Yelen Musiques), Epic Group (Epic, EGP, Sony Classic and Jazz), SMALL and Sony Music Media. Trying to not classify the labels too much, we can still note that their national catalogues, Epic and Columbia rather produce mainstream French pop, Saint George works with world music and Yelen Musiques is orientated towards a young audience and rock music … Among the main local artists or artists' repertoires at Sony Music France we find: Patricia Kaas, Jacques Dutronc, Francis Cabrel, Jean-Jacques Goldman, Indochina, Céline Dion, Garou, Deep Forest, Pascal Obispo, Michel Polnareff, Idir, Sanseverino,…

EMI MUSIC FRANCE Emi Music France represented 18,1 % of the French market in 2003. It is subdivided into two big labels, themselves subdivided: Capitol (Capitol, Hostile Records, Delabel, EMI Classics, Blue Note) and Virgin France (Labels, Virgin France) The labels Capitol and Virgin France are more orientated towards French pop music; the labels Hostile Records, Delabels, Labels, towards young music (rap, rock, Electro), Virgin France Collective towards world music and EMI Classics towards classical music et Blue Note towards jazz music. Among the main local artists or artists' repertoires at EMI Music France we find:

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Charles Aznavour, Michel Fugain, Michel Jonasz, Claude Nougaro, Jane Birkin, Gilbert Becaud, Rita Mitsuko, M, Alain Chamfort, Akhenaton, Keziah Jones, Daft Punk, Etienne Daho, Mano Negra, Jean-Louis Aubert, Alain Souchon, Axelle Red, Jul i e nCl e r c ,Re naud,Fr anç oi s eHar dy,Che bMami , He nr iSal vador ,AI R,…

WARNER MUSIC FRANCE Warner Music France represents 14,2 % of the French market in 2003. Warner Music France consists of three labels: WEA Music, Warner, Up Music. Warner is rather specialized in French pop music, WEA represents the international catalogs and Up Music the special marketing. Among the main local artists or artists' repertoires at Warner Music France we find: Veronica Sanson, France Gall, Michel Berger, Charles Trenet, Linda Lemay, Mano Solo, Hélène Segara, MC Solaar, Jil Caplan, Youssou Not Dour, Jean-Michel Jarre, Archive, Dolly, Arkoll …

BMG FRANCE BMG France represented 9,4 % of the French market in 2003. The major company is divided into 4 labels: BMG Media, Jive Records, RCA Arista and BMG jazz. The French subsidiary of BMG is divided into two parts : BMG France and BMG Jazz. Among the main local artists or artists' repertoires at BMG France we find Laurent Voulzy, Patric Bruel, Cesaria Evora, Bénabar, Kyo, Roch Voisine, Pierre Bac he l e t , …

2.3

INDEPENDENT RECORD LABELS

We count in France approximately 600 independent labels which distribution is taken care of by independent distributors. They represent about 16 % of the French market.

Some independent labels are distributed by the major companies. According to the UPFI (Union of the Independent French Producers), their turnover would represent around 7 % of the market.

Among the independent labels distributed by the major companies, we can mention, by music genre:

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All styles V2 Music France (Passi, FFF, Isabelle Boulay), M6 Interactions (Eve Angeli, L5, Wha t f or … 1st French label for the sale of singles, represents up to 25 % of the singles market), BG Productions (Hélène Segara, Dalida)…

Pop/rock Atmosphériques (Louise Attaque, Tahiti 80, Les Wampas), Recall (Tommy Hools, Jeff Buc k l e y …)

French chanson Tôt ou Tard (Lahsa, Vincent Delerm, Mathieu Boggaert, Les Têtes Raides) Disques Meys (Juliette Greco, Francis Lemarque, Isabelle Aubret)

Dance Scorpio (Village People, Ritchie Family), Happy Music (Ozone, Robert Miles, Benny B), Ascot Music (Alabina, De funk)

Hip Hop IV my people (Kool Shen), Boss of Scandalz Strategy (Joey Starr, DJ Spank)

Musical Pomme music (Notre Dame de Paris), Baxter Music (Roméo et Juliette, Georgian Legend)

Jazz Dreyfus Jazz (the most important jazz label in France, with Jean-Michel Jarre, Alain Stivell, Michel Petrucciani), Cream Records (Joe Zawinul)

World Music Créon Music (Malavoi, Edith Lefel, Soldat Louis), Lusafrica (Cesaria Evora, Sally Nyolo, Bonga), RVM (Carrapicho, CumbaGwa l o…)

Soundtracks Milan Music, Mk2 Music

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Techno, House Airplay (dj fred and Arnold T, 666), RKG (Dead or alive, BoyGe or g e …), Indépendance Re c or ds … Among the labels which are distributed by independent distributors, here are the most important by music genre:

All genres: Wagram (Corneille, Zuco 103, Massilia Sound System), Naïve (Mirwais, Aston Villa, Carla Br uni …) ,M10( Nightwish, Mich Gerber, Lio, Laurent Wolf), XIII bis Record (Jeanne Mas, Guesch Patti, Murielle Moreno), FLG Productions (Robert Charlebois, Hervé Cristiani, Les Tê t e sRa i de s …) ,Noc t ur ne( Clotaire K ), Discograph (Gotan Project, Banggang, Café del mar, Dimitri from Paris), Pias (Miossec, Agoria,Lepe upl edel ’ he r be )

Electronic music: Fcommunications (Laurent Garnier, Frédéric Galliano), Pschent (Stéphane Pompougnac), Versatile, Uwe, Le Maquis, Diamond traxx, Tiger Sushi, Yellow pr oduc t i ons…

World music: Celluloïd (Skatellites, Sapho, Be v i nda ,Ca c e r e s …), Indigo ( Rokia Traoré), Night & Day (Positive Black Soul, Ilenes Barnes, Omar Sousa), Next Music, Iris Musique Production, Marabi, Pygmalion Records, The Fingerprint, Buda, Ocora, Keltia Musique, Coop breizh, Long distance

Pop/rock: Village vert (Autour de Lucie), Tricatel ( AsDr a g on,Mi c he lHo ue l l e be c q) ,I c id’ a i l l e ur s( Yann Tiersen), Vicious Circle …

Jazz: Label Bleu (Louis Scalvis, Daniel Humair, Julien Lourau), Birdology (Sixun, Stéphane Grapelli, Ahmad Jamal, Mc Coy Tiner), RDC Records (Django Reinhardt, Sylvain Beuf, Manuel Rocheman) Black and Blue (René Urtreger, Stéphane Grappelli) Nato (Denis Colin, François Corneloup), CC Productions, Fremeaux e tAs s oc i é s…

Classical music: Harmonia Mundi/Chant du Monde, Auvidis, Arion, Abeille

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Compilation: George 5 (compilations Buddha Bar, Ba r r i o La t i no…), Indépendance music (Café de Fl or e …)

2.4

TRADE FAIRS

For the record industry, the MIDEM remains the trade fairs of reference. Professionals of the whole world, coming from every artistic background and from every professional family, are welcome every year at the end of January in Cannes for 5 days of total immersion in the music industry. 9 000 professionals of 94 countries are meeting to participate in this international record, music publishing and music video market.

MIDEM 11 rue de Colonel Pierre Avia BP 572 75726 PARIS CEDEX 15 Ph: +33 1 41 90 44 60 Fax: +33 1 41 90 44 50 [email protected] www.midem.com

Musicora, The Music trade fair, is hosting its 21st edition. For 3 days in September, the trade fair promotes all kinds and all forms of music through concert, competitions, masterclasses and debates. The previous edition got 34 500 visitors and 14 000 professionals

MUSICORA 62 rue de Miromesnil 75008 PARIS Phone: +33 1 49 53 27 00 Fax: +33 1 49 53 27 04 [email protected] www.musicora.net

3.

THE DISTRIBUTION

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3.1

DISTRIBUTORS

The distribution in France is handled as in most of the western countries by major companies (Universal, Sony, BMG, EMI, Warner) on one hand and by a certain number of independent distributors, sometimes non-specialized, sometimes specialized, on the other hand. The percentage of the major companies in the distribution market in France (84 %) is very important if we compare it to the situation in the United Kingdom for example (75 %). The independent distributors, who thus represent approximately 16 % of the market, divide up between the non-specialized distributors (Wagram, Naïve, M10, Melody, Night and Day, Night-, Next Music, PIAS, Harmonia Mundi, Nocturne-) and more specialized distributors (Discograph,l ’ Aut r e di s t r i but i on,Chronowax, La Baleine, Tripsichord, Coop Breizh, Abeille Musique, DAM, DG diffusion, Orkhestra,Pr oduc t i onsSpé c i a l e s …) You will find more complete information on each distributor in the section "Contact".

3.2

STORE CHAINS

The record sale to consumers in shop is made through three types of networks appropriate for the French market.

1) On one hand, the food hypermarkets (generalist hypermarkets such as Carrefour, Auchan, Leclerc, Casino), which represent approximately 55 % of the record sales in France and which offer a very restricted number of records to the public. We can estimate an average which would be around 1000 records for a hypermarket. The record catalogue which you can find in the generalist large-scale distribution is essentially constituted by hit records, compilations as well as a certain number of low price or budget collections in such or such type of music. The discount rates on the Gross PPD asked to the distributors oscillate between 15 % and 20 %, with possibilities of return close to 100 %. The length-period of records displayed in the store lasts for around a month (depending on the sales).

2) On the other hand, specialized chain record stores which represent approximately 35 % of the market and which are actually dominated by 2 companies: Fnac and Virgin Mégastore. For many independent labels, these two companies represent 80 % of their catalogue sales in France.

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The records number is around 100 000 for the ten most important shops and can decrease to 20 000 for the smallest ones. The discount rates are around 15 % and the length-period of records displayed in the store lasts for about 90 days or more. The number of record stores is around 63 for Fnac and around 33 for Virgin Mégastores

3) Finally, the network of the independent traditional record dealers which, both by the quality of their managers and by the multiple services which they brought to their customers, contributed mostly to the distribution of the music creation. Today, and since 1980, these record dealers have been disappearing for the greater part from French cities (between 2000 and 3000 record dealers have ceased their activity). They represent nevertheless with the mail order sales around 10 % of the record sales in France and divide up in the following way:    the independent record dealers associated in networks like Starters ( 67 selling locations), Madison Nuggets ( 64 selling locations), Les Espaces Culturels Leclerc ( 36 selling locations).    the independent record dealers not associated in networks (approximately 300) and which generally are record dealers more specialized in a music style (with many import) or which sell second-hand records. You also find some record dealers which represent catalogue of electronic music, techno, rock, metal, reggae, rap e t c .… Mos toft he s er e c o r dd e a l e r swor k a lot with the import. It helps them to financially compensate for a part of the discounts which are granted by the distributors to the food or specialized hypermarkets.    There are also distributors who own their own record dealers' networks. The company Harmonia Mundi today owns about forty shops in France representing their name.    It is important to note the case of networks non-specialized in music which sell records. You can find records in some bookstores, stores specialized in a particular field (like « Nature and Découvertes ») or in gas stations on the highways which offer hit records and relaxation albums 3.3

IMPORTERS

The three importers: CAIF (the former Fnac Import Services), Virgin Import and Starter Import only distributes in their own chain record stores.

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CAIF (Fnac Import Services) Contact: Bernard Vuillemin Phone: +33 1 41 61 35 37

Starter Import Contact: Georges Fangon Phone: +33 1 43 42 09 45 [email protected]

Another alternative is to contact the main wholesaler for the music import in France : SBA.

SBA Contact : Patrick Verbecke 2 rue Fourier 59000 Lille Phone : +33 3 20 09 82 83 Fax : +33 3 20 09 85 30 [email protected]

4.

COPYRIGHTS

In 2002, 530.8 million euros were distributed in France for copyrights and for social and cultural action. This figure is a progress of 2.7% compared to 2001. Rights for public diffusion were paid for 603,623 different works (+ 13% compared to 2001), and for 461,484 works (+ 6.5%) for their reproduction on compact disc, cassette, video, DVD and multimedia formats. Among the creators and publishers whose accounts were credited, 43,686 members of the SACEM received rights, including 34,405 living authors and composers and 4,072 publishing companies. These figures do not include the 53,500 foreign authors and composers who receive the rights collected by the SACEM through their national organisations. Thus in 2002, the SACEM paid into more than a hundred foreign a ut hor s ’or g a ni s a t i onsf ort her i g ht sc or r e s pondi ngt ot hee xpl oi t a t i onofwor k soft he i r members in France. Among the 100 creators who received the most royalties, 69 work in the field of French chanson and pop (21 of whom are also performers), 8 are symphonic France Export Handbook

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composers, 12 are composers for cinema, television and multimedia and 11 are authors of sketches. TF1, France 2, France 3, Arte, France Inter, France Culture, RTL, Europe 1, Sud Radio, Nostalgie, Rires et Chansons, diffused more than 50% of works of French origin. In the field of record production, the national repertoire progresses by 2 points compared to the result of the year 2001, to reach 48%.

The most diffused foreign works in France originate from the United States, Great Britain, Germany, Italy, Canada, Belgium, Switzerland, Spain and Australia. In October 2002, distribution of royalties after downloading of works used as mobile ringtones took place for the first time. It should be emphasised that the year 2002 was marked by the rise in power of the global documentation and distribution network (GDDN) developed within FastTrack. Thi sne t wor kpr ov i de sme mbe ra ut hor s ’or g a ni s a t i onst oha v eonl i nea c c e s st omor et ha n8. 2 million musical works. It largely facilitates the exchange of documentation, this is why other companies wish to enter FastTrack. This will soon be the case with some Dutch (BUMA/STEMRA) and Canadian (SOCAN) companies. Finally, the CISAC recently asked to study the possibility of using the search engine developed by FastTrack in order to connect to the network, the base of works WID (Works Information Database) developed within the framework of the CIS plan (Common Information System).

4.1

THE LEGAL FRAMEWORK

The first laws concerning copyrights were voted during the revolutionist era (1791 and 1793) on the basis of 2 principal rights: the right of reproduction and right of performance. The concept of moral rights, in opposition to patrimonial rights, appears as a jurisprudence term in the 19th century. The law of March 11, 1957, used in the Code of Intellectual Property (CPI) with the modifications made by the law of July 3, 1985 (known as the Lang law), codifies the principles worked out by jurisprudence since the revolutionary laws. Authors are acknowledged patrimonial rights, moral rights, and the right for legal remuneration and we anticipate the conditions of exercise and remuneration of these rights. Certain contracts, including those of publishing, are regulated.

The SACEM manages the intellectual property rights of authors, composers and music publishers. The SACD acts for dramatico-musical works as well: opera, musical comedies.

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Nearly all authors-composers-arrangers and music publishers are represented by the SACEM, whose competence is broad: it directly manages the right of performance and the right of mechanical reproduction (this last via the SDRM, Organisation for the Administration of Mechanical Reproduction Rights).

Moral rights are perpetual (transmitted to the heirs), inalienable and imprescriptible. They incl udet her i g htf orpubl i cdi s c l os ur e ,t her i g htt or e s pe c tt hea ut ho r ’ squa l i t y ,t her i g htt o respect the work, the right for withdrawal and repentance.

Patrimonial rights give place to remuneration, their duration is 70 years after the death of the author. They include:

a-

The right of performance

It applies in the case of a performance of a work (concert) or its public execution (diffusion of recorded music in public places and by the media)

* the collection of the right of performance:

-

For live show entrepreneurs: the royalty is 8.8% on entries and 4.4% on additional

receipts (consumption) - for free shows: 6.6% of additional receipts or the amount of the contract (a fixed price exists for small events).

-

For discotheques (an agreement saw the day in 1994 after much dispute): from 4.4%

to 5.55% on the receipts.

-

Forr a di os t a t i ons :6% ona dv e r t i s i ngr e c e i pt s ,a ut hor ’ sr oy a l t i e s( f ort hepubl i c

sector) or grants.

-

For television channels: between 4 and 5% on advertising receipts, royalty and

subscription receipts.

-

For cinema operators: 1.5 to 2% on projection receipts.

-

For places diffusing music (cafés, restaurants, shops...): fixed price.

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* The distribution of the right of performance: The key of division is statutory: 1/3 publisher - 1/3 author - 1/3 composer. In the case of the sub-publishing of a foreign work, whose authors are not associated with the SACEM or a foreign management organisation that it represents, is anticipated as an exception.

If a work is subject to an arrangement, a share of 1/12th is taken on the 8/12ths being allocated to the author and/or the composer.

Since 1997, DJ's profit from 1/12th for mixed tracks diffused during a public execution. b-

The right of reproduction

It is related to the material fixation of the work, its mechanical reproduction by a recording and the manufacturing of records (and cassettes), graphic reproduction by a score.

* The collection of mechanical reproduction rights by the SDRM (civil organisation whose associates are the SACEM, SACD, and SCAM)

The system of work by work delivery was replaced little by little by general contracts: the Biem/Ifpi contract for majors and the contract of phonographic authorisation of reproduction (CARP) for independent labels (inscription with the trade register, minimum turnover of 53,000 euros and 4500 euros of SDRM payments necessary).

The calculation of royalties is thus based on sold copies instead of copies produced. In r e t u r n,t heSDRM e ns ur e sag ua r a nt e et ot hea ut ho r s ’or g a ni s a t i ona ndpa y samont hl y advance payment into it.

The same royalty applies: 9% on the wholesale price or 7.4% on the retail price of each copy (after the abatement for cover sleeves and rebates or reductions), with an applicable minimum according to the type of format and its duration.

New abatements on export sales, new formats (DCC, mini-discs), returns, free copies, and sales offers are negotiated.

* The distribution of the Mechanical Reproduction Right Contrary to the rights of public execution, the percentage of distribution is not statutory but freely negotiable between authors, composers and publishers.

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In practice, it is almost always divided in half, that is to say: 50% publisher –25% author –25% composer.

The percentage for the arranger or the adapter is generally 10% (on the author-composer shares).

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c-

The right of adaptation

It applies to any transformation, variation, arrangement, translation and passage to another genre (audiovisual in particular).

* The right to legal remuneration allows remuneration for private copying paid by the manufacturers and importers of virgin cassettes (divided between producers and performing artists), and extended recently to the CDR.

The rights not entrusted to be managed by the SACEM and thus in direct control of the publisher –with preliminary authorisation of the authors (or not, according to the specific case), concern: - graphic edition - audiovisual exploitation (audiovisual adaptation and the right of synchronisation) - modifications made to the work: arrangements and adaptations, fragmentation and use in the form of extracts in another work - exploitation abroad (sub-publishing).

The publishing contract must be put in writing. There is no standard contract really recognised by the profession.

4.2

AUTHORS AND PUBLISHERS

The term author often refers to the creators of a work, and thus composers as well as song text authors. In 2002, among more than 100,000 authors registered by the SACEM, only 34,405 living authors received royalties. For the music which interests us, many authors are also performing artists or teachers, in the case of classical music.

The music publishing market is difficult to evaluate. It can be estimated at more than 457 million euros with: - SACEM collections, including the royalties paid directly to authors and composers - the rights for audiovisual adaptation, synchronisation, fragmentation - receipts for graphic edition - hiring of orchestra material (scores) - the graphic edition and the hiring of orchestra material which primarily relates to classical music.

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Approximately 4070 publishers are listed at the SACEM in 2002. There are 2 syndicate chambers for publishers: the CSDEM (pop) –the CEMF (classical) and 1 syndicate chamber for authors –composers: the SNAC.

With the reduction on behalf of graphic edition, the other forms of exploitation of works became primary (phonographic and audiovisual exploitation, performances, in France and abroad). Phonographic exploitation is the principal mode of exploitation of musical works today. The development of author-composer-performers altered the publisher – music producer relationship: author-composer-performers are often already bound by or in relation with a music producer. Certain publishers, however, intervene beyond music production, participating in the financing of first productions, models, rehearsals, and supporting the promotion of works. Only 1 to 2% of the publishing turnover is made by graphics today, even if it remains obligatory. The management of rights derived from the other modes of exploitation of works t husc ons t i t ut e sa st hema i npa r toft hepubl i s he r ’ sr e s our c e s .

Representation in sub-publishing or catalogue repurchasing is necessary to start a publishing activity. The structure of the turnover, however, can strongly vary from one publisher to the ot he r ,a c c or di ngt ot he i rpr i or i t i e s .I nf a c t ,t hepubl i s he r ’ swork carve different realities. It is very segmented at the majors, where a function generally corresponds to one person. Work is different in independent labels which have less means, and specialise in one direction or another.

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EVOLUTI ONOFPUBLI SHERS’TURNOVERSI NCE1996( I NMI LLI ONEUROS)

Source: SNEP

4.3

COLLECTIVELY MANAGED COPYRIGHTS AND NEIGHBOURING RIGHTS

Collections which remunerate, by the means of civil organisations, the various participants of the network for copyrights and the rights known as neighbouring rights rose with a total of 856.75 million euros in 2003. This figure is in a progression of 7.8% compared to 2002:

Authors, composers, publishers: SACEM / SDRM: 708.5 million euros in 2003 (+5.4% compared to 2002)

NB. the SACD collects on behalf of dramatic authors and composers, which include lyrical works and musicals for the musical sector.

Performing artists and musicians: ADAMI: 42.4 million euros in 2003 (+7.8% compared to 2002) SPEDIDAM: 28.2 million euros (+9.6% compared to 2002)

Music producers: SCPP: 58.6 million euros (+13.7% compared to 2002) SPPF: 11.78 million euros (+6% compared to 2002)

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Rights resulting from the legal licence: SPRE (Civil organisation for the collection of equitable remuneration): 61.25 million euros (+7.7% compared to 2002).

Rights resulting from private copying of sound recordings: SORECOP (Organisation for the remuneration of private copying of sound recordings): 87 million euros (+22 millions compared to 2002).

NB the amounts collected by SPRE and SORECOP are paid to the various civil organisations quoted above to be distributed among those entitled.

4.4

THE ORIGIN OF RIGHTS COLLECTED IN 2002 (SACEM / SDRM)

The repertoire of the SACEM includes approximately 5.4 million works. In 2002, 603,623 works were the subject of payment of rights due to their public diffusion and 461,484 works due to their reproduction on record, cassette or video. The diffusion of works of French origin represents 57.5% of the sums distributed. In 2003, the SACEM recorded more than 5000 new members, both French and foreigners. The overheads are 15.1% in 2002, which locates the SACEM in a rather low range in Europe. The other 84.9% represents the sums perceived and redistributed in 2002.

The origin of rights collected in 2003 (SACEM/SDRM):

television

25%

public diffusion of recorded music

20%

CD, video, Internet, telephony, multimedia

21%

international

9%

live shows

9%

radio

7%

private copying

7%

cinema

2%

Source: Sacem

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Thepubl i c ’ spa s s i onf orDVD’ smade it possible to almost double its sales (49.2 million copies in 2002 against 25.5 million in 2001). The rate of equipment in homes corresponds to this evolution: 2.8 million DVD players were sold in 2001 and 5.5 million in 2002. Nearly one in every four homes thus has a DVD player. The rights generated from the exploitation of musical works experienced a favourable evolution in the field of telephony with the downloading of mobile phone ringtones (1.3 million euros). In addition, thanks to the setting up of contracts for the use of works intended to illustrate Internet sites, collections experienced a significant progression since May 2002. On the other hand, the rights coming from multimedia formats (games, cultural CD-ROMs) are falling.

Lastly, in the field of downloading musical works from Internet sites, two important agreements were made with OD2 and Vitaminic France. These agreements, signed by the SACEM, the SDRM and Sesam for the period of one year, make it possible to use the r e pe r t oi r eofa ut h or s ’or g a ni s a t i onsont heWe b.OD2a ndVi t a mi ni cFr a nc ed i r e c t l yr e g ul a t e the copyrights for the on-request online diffusion of musical works, which can be in the form of streaming (uninterrupted diffusion) or downloading, including subscription services like Vitaminic Music Club.

Regarding the remuneration for private copying, collections coming from Sorecop and Copie France increase by + 68.5% and represent 6% of the whole of the rights collected by the SACEM. Private copying of sound recordings represents henceforth nearly 3/4th of the collected rights. This result shows that the application of the January 2001 decision (collection on virgin digital formats) played its full effect in 2002. To note: the number of recordable formats sold in 2003 is estimated at 248 million recordable CDs (including 17 million CD-RW and 11 million audio CD-R) and 9 million DVD-Rs.

The diffusion of soundtrack and background music represents 60.3% of the rights generated from the public diffusion of recorded music. The increase in the rights for background music (+ 5.7%) corresponds to the good economic health of ambiance and theme bars.

Shows, concerts and balls with live music still represent 8% of the collected rights, which remains constant. The sector of pop tours was stabilised with a slight progression of rights by 0.8% and the number of shows by 2%. This situation is explained on the one hand by the reduction in the number of large performances by foreign, in particular American artists

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following the attacks of September 11, and on the other hand by a more important participation of French artists emerging and/or resulting from the television programmes Pop Stars and Star Academy. The classification of the ten best musical artists, groups and shows is primarily francophone: Jean-Jacques Goldman, Les Dix Commandements, Garou, Star Academy, Lorie, Indochine, Julien Clerc, Laurent Gerra, L5 and André Rieu. The rights generated from abroad represent 14% of the whole of the rights of the SACEM, the increase is only 0.5% compared to 2001. Direct collections experience a rise of 13.2% which corresponds mainly to the increase in the rights coming from RTL.

The rights collected from the public diffusion of our repertoire abroad increased by 4.8%. Mor et ha n60% o ft he s er i g ht sc ont i nuet oc omef r om t hea ut hor s ’or g a ni s a t i onsoft he member states of the European Union (including 49.5% of the euro zone). The 10 countries paying us the most rights are Germany, Belgium, Italy, the United States, Japan, Switzerland, Great Britain, the Netherlands, Spain and Canada. The mechanical reproduction rights (outside centralisation contracts) coming from abroad drop by - 6.2%. More than 62% still comes from of the European Union.

4.5

SYNCHRONISATION

The rights of synchronisation relating to audiovisual reproduction, that is to say assembling an audio band with an image (films, television programmes, publicity, multimedia works...) belong to the publisher of the work and the producer of the recording. In fact, the rights relating to musical score sales and the rights of synchronisation, in general, are paid directly by the publisher to the author, based on the statement sent to him. The right of synchronisation is not recognised by the code of intellectual property.

Synchronisation became an alternative in weight to the music market as much on the national level as in export.

Advertising generates important profits, like one can see by the impact on sales of campaigns lik et hos eofEv i a n( r e pl a yof“ Wewi l lr o c ky ou” ) ,ort hos eofLe v i ' s( Mr .Oi z o) , Renault Mégane (Moby), Air France (The Chemical Brothers) and Coke (DJ Bobo with the s ong“ Chi hu a hua ” ) .Cinema and video games seem also to be really promising niches for the value chain of the music industry. The latter ones constitute a new sector in full boom

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regarding synchronisation. Today, they have become such an integral part of youth culture that the followers of video games, being very active consumers, are a new target for advertising executives. Record companies and publishers also use games more and more to promote their artists to a new public. All the majors have a department devoted to synchronisation.

For cinema: -

AIM (Artiste Intermediaire Multimedia)

Executive Production of film music - Counselling –Musical supervision –musical rights, Search for financial partners for original film soundtracks Amelie de Chassey and Delphine Mathieu 99 rue du Faubourg du Temple 75010 Paris Tel: 33 1 42 06 07 77 [email protected] www. a2caim.com

-

Creaminal

Clément Souchier [email protected] 27 rue des Balkans 75020 Paris Tel: 33 1 43 72 42 70 www.creaminal.com

For advertising:

-

Euro RSCG BETC

Passage du désir, 85/87 rue du faubourg Saint Martin 75010 PARIS Tel: 33 1 56 41 35 00 Fabrice Brovelli Director of the television production service [email protected] Christophe Caurret Music Supervisor [email protected]

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-

Première Heure/Schmooze

Matthieu Sibony [email protected] Music Supervisor 23 av Bernard Palissy 92210 St Cloud Tel: 33 1 41 12 30 00

-

Volvox Music

Olivier Lebeau [email protected] 5 rue Pasteur 75011 Paris Tel: 33 1 47 00 15 43

-

Saatchi & Saatchi

Martine Joly [email protected] 30 Boulevard Vital-Bouhot 92521 Neuilly-Sur-Seine Tel: 33 1 40 88 40 00

-

Comptoir du son et des images

Frank Marchal [email protected] 78r ueJ ouf f r oyD’ Abba ns75017Pa r i s Tel: 33 1 47 64 62 62

-

Attention o chiens

Pascal Bonifay pascal@ aoc-production.com Fabrice Smadja fabrice@ aoc-production.com 117, rue Jean Jaures 92300 Levallois Perret Tel: 33 1 41 06 61 61 www.aoc-production.com

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-

La Maison de la Radio

Remy Peronne [email protected] 23 Quai Alphonse Le Gallo 92100 Boulogne Billancourt Tel: 33 1 46 04 77 05

-

Young & Rubicam

Loïc Benart [email protected] 57, avenue André Morizet - BP73 92105 Boulogne Cedex Tel: 33 1.46.84.30.38

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II. THE LIVE SCENE If live shows have been a trend in France lately, it still remains very difficult for a foreign artist not well known by the French public to tour. Finding one date can be done relatively easily but as soon as you want to organise a real tour, a good French tour agent will have to be sought.

The eighties experienced a multiplication of artistic activities and structures with promising projects. Places of diffusion, production structures and management accompanied the new artistic forms and invented new ways to put shows together. Today, judged by some as the best medium of music, festivals and concert halls are the last to take risks in their programming. The French scene is rather dynamic today and is in good health. Louise Attaque, Tryo, Les Têtes Raides, Rachid Taha and Thomas Fersen were thus devoted to stage shows before being diffused on the radio.

1.

THE GEOGRAPHIC DISTRIBUTION OF LIVE SHOWS

The Ile de France (Paris + suburbs) represents more than 40% of the receipts on ticket sales. The regions Rhône-Alps and Provence-Alpes-Côt ed’ Az ureach represent nearly 10%. The weight of Paris remains overwhelming (more than 90% of the receipts of Ile de France), whereas the weight of Lyon and Marseilles in their respective region is closer to 50%. The other principal cities in terms of concerts/festivals are Lille, Strasbourg, Caen, Bourges, Rennes, Nantes, Rouen, Bordeaux, Belfort, Toulouse, Dijon, Grenoble, Lyon, Montpellier, Nice, Toulon and Marseilles.

This geography more largely reflects the French cultural and economic geography, with a Paris-province split which remains important, but also the inter-regional imbalances, advantageous to the regions Rhône-Alps and Provence-Alpes-Côt e d’ Az ur(which, in addition to their economic dynamism, concentrate many festivals, especially taking into account the i rc l i ma t ea ndt our i s m) ,t ot hede t r i me ntofa n“ a r i ddi a g ona l ”f r om t heNor t hEast to the South-West (from the Ardennes in the Pyrénées, and partly including the regions Champagne-Ardennes, Franche-Comté, Bourgogne, Auvergne, Limousin, Midi-Pyrénées). In these regions, the demographic deficiencies and a loose urban infrastructure create intraregional imbalances, favouring regional metropolises, which exert a dominating weight.

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This is, for example, the case with Toulouse, which radiates in the Midi-Pyrénées region. Other poor regions are Normandie and Picardie.

A strong demography-cultural geography correlation underlines the urban character of cultural activities. In addition, France has a cluster of cities less dense and regular than many European countries. The increase of supply, largely irrigating the territory (and venues in particular, cf further) did not re-absorb much of the big structural imbalances concerned with demographic, economic, social or historical factors.

The development of cultural supply benefited the medium-sized cities (30 to 50,000 inhabitants) a lot, whereas the rural milieu remains rather absent, except for the activities r e l a t e dt ot our i s m( wi t ht hel a be l“ c i t ya ndc ount r yofa r ta ndhi s t or y ”a ndc e r t a i nf e s t i v a l s ) .

2.

CONCERT VENUES

INSEE listed 4580 concert venues in France in 1990, that is to say an increase of 25% compared to 1980. However, this figure takes into account all the occasional venues, assembly halls, historical monuments, sports halls, discotheques*, etc.

In July 2003, IRMA counts 415 concert venues with a capacity of less than 400 places in Metropolitan France, 343 venues from 400 to 1200 places and 92 venues holding more than 1200 places. It should be noted that it is very difficult to obtain correct figures concerning the venues with a capacity of less than 400 places, because of the constant change in the number of café-venues.

Lastly, the Ministry of Culture counts 400 venues intended mainly for music (including classical music).

From the eighties, the State with the local authorities, made an effort to improve the venue offer dedicated mainly to current and amplified music, supporting, on the one hand, the construction of venues of great capacity with the Zenith programme (ten in France, capacity of 3000 to 9000 places) and, on the other hand, gathering under the name SMAC (Scenes of Current Music), the creation or makeover of small and medium-sized venues, whose role is recognised in the development of artist careers.

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Moreover, the traditional cultural network (resulting in particular from the movement of theatrical decentralisation, born in the post-war period and developed in the sixties under the influence of Andre Malraux, the first French Minister of Culture), in the past ten years, also opens to popular music: national theatres, conventional stages, as well as town theatres, cultural centres, etc... Two great economic methods co-exist: ont heoneh a nd,v e nue sf u nc t i oni ngi n“ g a r a g e ” , which host tours (hiring) but do not produce shows, and obey a strictly private nature of logic. On the other hand, venues supported by public grants, develop an artistic policy, and bring corrective measures to the laws of the market.

On the whole, the number of adapted places is still insufficient (especially with mediumsized venues), more especially as the venue offer starts to age, facing the evolution of noise and safety requirements. The role of public intervention is determining in terms of investment but, at the same time, also in terms of support of the operation of these places, whose balance often remains precarious.

The distribution of concerts according to the capacity of the venues

Venues > 3000 places

66% of receipts

Venues of 1500 to 3000

12.6%

Venues of 700 to 1500

13%

Venues of 400 to 700

3%

Venues < 400

2.5%

NB. These figures do not reflect frequentation but the receipts of ticket sales. In fact, there are important gaps between entrance fees according to the capacity of the venue, among others (often much more important in large venues). In addition, one should not forget that these figures are established on a sample from 1997, limited to approximately 250 live show entrepreneurs and excluding the subsidised sector as well as public bodies (in particular cities) and a number of occasional organisers.

3.

FESTIVALS

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They constitute a network of determining diffusion, born in the post-war period. The 2/3 of the festivals are musical (most are dedicated to classical music and we count also more than 200 specialised in jazz), which is approximately 2000 music festivals, with considerable differences in size, function and objectives. While certain festivals show a true ambition for artistic innovation, others are also developed, following a closer logic to cultural tourism (many summer festivals, in particular).

The innovating and recognised festivals themselves often struggle with the requirements of profitability and visibility, which are difficult to cumulate due to their role of discovery, and by the divergent interests of sponsors. The intervention of the State (the Ministry of Culture, generally via the DRAC) often pulls the programming upwards and is a guarantee of quality but many festivals suffer from their current disengagement facing the communities, whose objectives often decline as well in terms of image and communication.

The organisation of large gatherings persists today, in particular with the pop, rock, but also techno or even traditional music wave, with the phenomenal Festival Interceltique de Lorient.

Let us quote some of the most important festivals of popular contemporary music in France: 

Le Printemps de Bourges –pop, rock, hip hop, reggae, electro, hard rock



Festival des Vieilles Charrues (Carhaix, Bretagne) –pop, rock, electro, world, hip

hop, jazz 

Les Francopholies (La Rochelle) - French Chanson, hip hop, rock, electro



Les Rencontres Trans-Musicales (Rennes) –rock, electro, world, French Chanson



Les Eurockéennes de Belfort –rock, pop, hip hop, electro, reggae



La Route du Rock (Saint Malo) –pop, rock



La Fiesta des Suds (Marseille) –world, pop, electro



Banlieues Bleues (Paris) - jazz



Sons d'Hiver (Paris) –jazz, world, hip hop



Le Festival de Nîmes –pop, rock, electro



Festival Musiques Métisses (Angoulême) –world, reggae

An interesting Internet site to get information on all topicalities of festivals and concerts in France can be found at www.concertandco.com.

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4.

TICKET PRICES

There is a correlation between the entry ticket prices to a concert and the commercial value of the artist. In fact, free concerts, financed by town councils, are rare. Prices generally increase with the capacity of the venue. The highest prices (regularly higher than 40 euros), can be experienced at popular music concerts, addressing a very large and relatively old audience, which does not go to concerts regularly (ticket prices went up to 150 euros at the Johnny Hallyday concert at the Stade de France, which took on an eventful nature). The reputation of the venue also acts as a variable on ticket prices (Olympia in Paris, for example), beyond the cost of the artistic s t a g ea ndt hea r t i s t ’ sr e put a t i on .Ce r t a i na r t i s t si nt e r v e nei nf i xi ngt het i c k e tpr i c e s ,t a k i ng into account their audience but also a possible commitment (prices often limited to 25 euros).

A difference in price can often be noted between Paris and the province, the same concert can be seen for 20 to 30% less in province. (In addition to the differences in remuneration and standards of living, the return of investment is often anticipated at the first Parisian exploitation of the show, and the tour can touch a network of venues not obeying only market logics).

The following classification can be drawn up according to reputation: - “ di s c o v e r e d” or“ de v e l opi ng ”a r t i s t swi t ha v e r a g et i c k e tpr i c e sof10 t o 25 e ur os , programmed especially in the SMAC (Scenes of popular contemporary music) and the subsidised network.

- experienced artists, with prices between approximately 25 and 40 euros

- stars, programmed primarily in private venues, with prices beyond 40 euros.

5.

THE REPERTOIRES

The distribution of concerts by repertoire in 2001

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Pop

27%

French chanson

26%

Rock

12%

Humour

8%

Funk, rap, fusion

6.5%

Jazz, blues

3.5%

World, folk, ethnic

3%

Others

10%

In spite of the rather arbitrary (weight of large tours) and insufficient character (absence of techno) of this classification, we can underline the share of French chanson which remains important, as opposed to the strong variations of rock related to international tours (few French groups influence largely the figures).

6.

THE ARTISTIC AGENT, THE LIVE SHOW ENTREPRENEUR AND THE MANAGER

Agents exist especially for the theatre and classical music (concert offices). The managers, artists offices, collectives often place themselves in the sector of popular contemporary music, in a different context from that of the agent.

The Agent The investment cost of live show artists is the subject of an exemption from the principle of the State monopoly for the placement of salaried employees, in order to take into account the specificity of artistic professions. The law of December 26, 1969, modified in 1986 and 1992 defines this activity and fixes a very strict framework to it. The placement of an artist consists of finding engagements for a live show artist. The profession of agents is regulated, like that of live show entrepreneurs, it is subjected to obtaining an artistic agent licence issued by the Ministry of Labour to a legal entity, other than a limited company, for one renewable year. The artistic agent cannot in parallel be a music publisher or a phonographic or audiovisual producer (since 1992, they can also be live show entrepreneurs).

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Thel a ws a t e st ha t“ t hi sp r ov i s i on( c o nc e r ni ngt hea g e ntl i c e nc e )i si npa r t i c ul a ra ppl i c a bl e to those who, under the name impresario, manager, or any other denomination, during the same year, receive mandates of more than two live show artists to get engagements for t he m” .

The remuneration which an agent can collect in exchange for their activity is limited to 10% of the gross remuneration of the artist increased by the VAT (normal rate: 19.6%). The custom makes it possible for the agent to raise their commission by an additional 5% for professional expenses. However, the expenses paid to the artist cannot be taken into account. This commission is generally paid by the employer of the artist but can also be the responsibility of the artist, depending on the terms of the mandate which binds the agent to the artist. The profession of agents thus shows a commercial character, and agents are enlisted in the trade register.

Since 1997, the FNSAAL (national federation of syndicates of literary and artistic agents) r e pr e s e nt st hea g e nt s ’pr of e s s i on.I tg a t he r ss e v e r a la g e nt ss y ndi c a t e s ,i nc l udi ngt heAVJ (syndicate chamber of pop and jazz agents).

The live show entrepreneur

According to the law of March 18, 1999, which, in dialogue with the profession, modernised the order of October 13, 1945, a live show entrepreneur can be any person who exercises an exploitation activity of live show venues, live show production or diffusion, only, or within the framework of contracts signed with other live show entrepreneurs, whatever the form of management, public or private, the goal lucrative or not, of these activities.

These activities are subject to obtain a live show entrepreneur licence issued by the Ministry of Culture (more exactly by the Regional Directions of Cultural Affairs, which represent it regionally). The licence is personal and inalienable. It can be allotted to an individual (on justification of inscription to the trade register) or a legal entity. It is free, is issued for a 3 year renewable period, and is subordinated to the conditions concerning the competence or the professional experience of the applicant. It can be withdrawn if the entrepreneur did not respect their obligations regarding labour laws and the rights of intellectual property. Only individuals or entities who do not have the exploitation of live show venues, live show production or diffusion as their principal activity, as well as the grouping of voluntary

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amateur artists, can occasionally exercise the activity of a live show entrepreneur without holding a licence, within the limit of 6 performances per year. We distinguish between three types of licences: 1) licence of venue exploiters, who assume their maintenance and development, to rent them to a distributor or a producer/distributor; 2) licence of producers and tour agents, who have the responsibility for the show and that of the employer concerning the artistic plateau. They choose and edit the performances, they coordinate the human, financial, technical and artistic means necessary and assume the responsibility for it; 3) licence of distributors, who provide a venue or a concert hall in functioning order to the producer. They ensure, among others, the organisation of performances, the promotion of the shows and the collection of receipts.

In addition, a live show is defined by the code of trade as a commercial activity. Whatever the legal form (association or company) of the live show enterprise, it is comparable with a company. The live show entrepreneur is consequently an employer of the artists, and thus the person in charge of the respect of current legal and social obligations.

The law also distinguishes between professional and amateur live shows, according to the criterion of remuneration of the artists. Amateur live shows are not subjected to these legal provisions. Live show enterprises can be made up in various legal forms, the most current forms are associations law 1901 (the commercial nature of the activity is not incompatible with the non-lucrative goal), SARL (a type of limited liability company), and SA (limited company) for the largest. The venues exploited in direct control by public bodies and publicly-owned establishments now also have to hold a licence.

The Manager The law does not give a definition of a manager. Exploiting this legal gap, we can consider that it authorises the placement of any person who is mandated by more than two artists. This limitation does not apply for the interventions other than placement (counselling, supervision of contracts, follow-up of their execution). But as soon as they ensure the placement of artists, managers are in a delicate position, they can be accused of

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illicit exercise of the agent profession, and experience cancellations of their signed contracts. The usual duration of management contracts is 3 renewable years.

The commission is normally determined freely, and generally varies from 10 to 20%. Just like in the case of agents, the legal nature of the bond between artist and manager is qualified as mandatory. We can thus distinguish between the mandate (the artist) and the representative (the manager).

The association Music Manager Forum France, the subsidiary of the International Manager Forum, (present in twenty countries) was created in Paris in order to gather the interests of the profession. It does not defend the idea of a manager status, but thinks about the questions of possible structures for the profession. In the same way, it refuses to propose a standard contract, each artist-manager relation having its own particularities.

Contact: Music Manager Forum France MMFF Music Manager Forum France 23, rue D'Artois 75008 Paris France +33 6 86 67 41 11 [email protected] www.mmffrance.com

7.

THE LEGAL FRAMEWORK: THE ARTIST, LABOUR LAW AND PRESUMPTION OF EMPLOYMENT, EMPLOYMENT OF FOREIGN ARTISTS AND CONTRACTS 7.1

LEGISLATIVE AND ADMINISTRATIVE ASPECTS

The legislative and administrative aspects of concert organisation concern:

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- preliminary authorisation: the venue must have been subject to a safety visit. For unusual places (open-air, tents, gymnasiums, etc..., often for festivals in particular), it is necessary to obtain a favourable opinion from the commission of safety. - other administrative formalities can be necessary and raised either by the municipality or by the prefecture (prohibition of traffic or parking, establishments of banners or panels on the public highway, use of a sound system on the public highway, installation of tents...)

- insurance (civil liability and damage insurance covering material damages)

- security service, which comes under a regulated profession (law n° 83-629 of July 12, 1983). One month before the expected date, the organisers of cultural events whose public and personnel exceed 1500 people are obliged to declare the installation of a security service at the town hall (or, in Paris, to the police force). If the organiser employ st hes e c ur i t yg ua r dsdi r e c t l y ,t he ymus tc onf or mt ot he“ c o mpa ni e s ofs a f e t ya ndg ua r di ng ”r e g ul a t i on.

- declaration to the SACEM. A declaration in advance benefits from a reduction of 20% on the tariff applied when the contract is not concluded before the meeting. The artist, the representative of the artists in case of a group or the conductor, will fill in a programme of works executed, provided by the SACEM to the organiser. On receipt of these documents, which must be dispatched within the ten days following the concert date, the SACEM sends a debit invoice.

- parafiscal tax is also collected by the SACEM on behalf of the CNV

The number of professional performing artists According to the data of the INSEE (National institute of statistics and economic surveys), at the time of the last census of population in 1999 in France, 15,000 professional music or singing artists and 14,000 popular music artists (the latter category also includes circus and music hall artists) were counted. This data remains approximate because they do not take into account the fact that many musicians, who work under professional conditions, often have other occupations (teaching, animation...) and can be temporarily listed among jobseekers. Thus, in 1998, the ANPE counted a little more than 7,000 music and singing artists registered as job-seekers for less than a year.

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The share of live shows remains dominating in the professional activities of musicians and constitutes their principal source of income (although the average salaries are higher in the phonographic industry). Labour Law and presumption of employment The activity of performing artists is controlled by the Labour Law and the law of 1969: “Anyc ont r ac tbywhi c hape r s onore nt i t yi ns ur e s ,i nr e t ur nf orr e mune r at ion, the aid of a performer for his production, is supposed to be a contract of employment since this artist does not exercise the activity, subject of this contract, under conditions implying their inscription with the trade register (article L. 762-1) ”. This article states clearly that artists are renowned to have an employee status, unless they exercise their activity as selfemployed workers registered with the trade register; which is rather rare in France. This presumption of employment also applies to foreign artists performing in France, which implies the payment of taxes and important social security contributions by the employer, even if foreign artists are not able to profit from their compensations in France (social security, retirement, vacation...). This presumption remains whatever the mode and the amount of remuneration as well as the qualification given to the contract by the parties. Thus volunteership can easily be re-qualified as clandestine work. In the same way, the payment of expenses (per diem) without a salary is illicit and is regarded as a disguised salary, and thus is subject to the same taxes and contributions.

NB. The amateur practice can escape from this regulation but is also subjected to very precise provisions. The grouping of amateurs, constituted with in the association law of 1901, can in fact be recognised by law since they do not pursue a professional goal and draw their incomes from other activities, but must receive the approval of the Ministry of Culture or be affiliated with an already approved federation of amateurs.

Performing artists in the musical sector thus have the same employee status as actors, directors, or dancers. They can be employed individually or in a group- live show contracts are CDD (fixed-term contract) for use and establish a direct relation between the live show



An artist coming from the Eurpoean Union can refute the presumption of employment, and work in France as an

independent, on condition of providing the E 101 form attesting its affiliation to a social security system in quality of a selfemployed worker in their country of origin. In this case, the artist can provide a provision of services by providing a supporting accounting document (invoice). 

The contrat can apply to a group of musicians provided that they mention the name and the salary of all artists and is signed

by one of the artists qualified as the representative of the group (who will also be able to collect the remunerations).

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entrepreneur and the artist. The contracts of employment established with foreign artists are identical but include an additional clause anticipating the automatic cancellation of the contract if the employee does not follow the French legislation regulating the stay and work of foreign nationals. 

NB. The status of DJs is often determined by the quality of their employer (discotheque or live show company). It can in fact be regarded as executing a work of an animator in a discotheque (and not follow of the status of live shows but the general status of general salary) or as performing artists.

7.2

EMPLOYING A FOREIGN ARTIST IN FRANCE

The former minister of culture, Jean-Jacques Aillagon, introduced a plan to reinforce the hosting and training of artists and professionals of foreign cultures. Hosting conditions will be improved and the entry in France facilitated. Thanks to the signature of a draft agreement between the Ministry of Foreign Affairs and the Ministry of Culture and Communication, artists invited to France by recognised cultural institutions can profit from a favourable attention from the consular services for obtaining a visa, in exchange for respecting a code of good behaviour. Moreover, the lightening of the issuing procedure of temporary work permits for foreign artists from now on will be centered on the efficient control of employment and work. Other measures will simplify the tax procedures and the social protection of foreign artists:

-

extension in the field of application of a unique ticket office for occasional

shows -

the possibility of affiliating with the French social security of employees

delegated by a company not established in France is reinforced

From March 1, 2004, the site www.artistes-etrangers.com allows access to a series of legal and administrative information on the hosting of foreign artists.

All the relations between a foreign employee and a French employer, when the activity is exercised in France, are controlled exclusively by the French law. Under the terms of the

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principle of non-discrimination, foreign employees profit from the same rights, working conditions and protection as French employees.

Artists coming from the European Union:

For artists coming from the European Union, the terms of application of the principle of free movement imply that any paid activity is possible for them without a work permit. They are authorised to return to France by simple presentation of their identity card or their passport.

Artists coming from countries outside the European Union:

For other foreign artists coming to carry out one or more artistic performances, a work permit is essential. If the period of activity in France does not exceed three months, the artist must obtain a provisional work permit (ATP) from the services of foreign labour of the di s t r i c t ’ sdirections of labour. This permit is demanded by the employer on an individual or collective basis, for groups. Also, since the law of May 11, 1998, a new residence permit e xi s t sc a r r y i ngt her e ma r k“ a r t i s t i ca ndc ul t ur a lpr of e s s i on” .I ti sr e s e r v e df ort hea r t i s t s( a nd only to the artists) whose activity in France exceeds three months, and to holders “ofan employment contract or a contract of another nature than the employment contract, signed with a company or an establishment (public or private) whose social objective is the c r e at i on,di f f us i onand/ ore x pl oi t at i onofi nt e l l e c t ualwor k s ”.This permit is issued for the expected duration of the contract and for maximum one year. For e i g na r t i s t ss t a y i ngi nFr a nc ec ov e r e db ya“ s t ude nt ”ore v e n“ v i s i t or ”r e s i de nc epe r mi t c a na ppl yt oobt a i nt her e s i de nc epe r mi tf ort he“ a r t i s t i ca ndc ul t ur a lpr of e s s i on” ,ont he condition that they are able to produce a contract for one or the other of the categories described above.

Social protection

Foreign artists profit from the same rights and the same protection and working conditions as French employees. They are subject to the general social security system and, as long as they stay in France, profit from the social security services: health, retirement, disability, industrial accident, etc. Apart from the case where, under the regulations of the European 

E.g.: Public presentation of a work (promotion, conferences, courses, etc.), recording of a work

(recording a record or a music video) or residency welcoming.

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Union and the bilateral conventions passed regarding social security, the artists remain attached to the system of their country of origin, the concert organiser is obliged to pay unemployment insurance, supplementary pensions and paid vacation to the social security.

Artists delegated by a foreign company

A foreign company providing an artistic performance (shows, tours) to a French organiser can be the employer of the artists if its producer role is established (the producer is the initiative of the show and ensures responsibility for it). The following three criteria must be met: the foreign entity is juridically made up; it decides only on the booking and dismissal of artists; and it produces the show, i.e. it constitutes the dominating element of its concept and its realisation. In case of a defect in respect of one of these conditions, the circular of September 9, 1996 of the Direction of Population and Migrations specifies: “Whe noneof the three criteria is not met or the related written proof is not provided, it will be considered that the foreign artists are the employees of the French organiser, i.e. the one who provides the venue where the show takes place, who calls upon the public, who issues the tickets and c ol l e c t st her e c e i pt ”.

The foreign company is obliged to declare the artists who it delegates to the French social security and pay all contributions (social security, unemployment insurance, supplementary pensions and paid vacation) related to these services. The Labour Law (article L. 341-5) imposes equality of treatment between foreign and French artists. The employer can be exempted from these contributions, if, within the framework of conventions and international agreements, they provide proof that the artists are enrolled in the social security system of their country of origin. For artists from the European Union delegated in France, the employer must provide individual certificates of delegation of the social security system of their country of origin (form E 101). “Lar e t e nueàl as our c e ”( I nc omet ax) As regards tax, foreign non-resident art i s t sa r es ubj e c t e dt oa“ r e t e nueàl as our c e ” , a type of tax on the income whose declaration and payment is incumbent on the employer. Applicable since January 1, 1990, the tax is 15% of the taxable net remuneration.

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7.3

CONTRACTS

Live show diffusion is generally subject to contracts that define the relations between the producer or the diffuser and the artists (or their representative), or the producer and the diffuser. This practice of contractualisation, which is becoming more and more widespread in Fr a nc ea ndont heba s i sofa“ s t a nda r d”c ont r a c t ,a v oi dsma nydi s put e spr ov i de dt ha tt he signatories have the legal capacity for it.

7.3.1

The contract of commitment of artists

The contract of commitment is a fixed-term contract of employment, which implies a direct relation of employer with employee between the artist and the organiser of a show within the framework of one or more performances. Contrary to a traditional contract of employment, a contract of commitment can be signed for a group of artists (and not individually) provided that one of the artists is duly elected by the other members of the group to act as the signatory. This contract is practised with artists who do not have the framework of a legal structure to exercise their activity professionally. In the contrary case, many people in charge of venues feel reluctant to establish this type of contract which obliges them to assume the responsibilities of an employer. The contract of commitment of foreign artists is similar to that practised with French artists but it includes, in general, a clause stipulating its resolution of whole rights if the artists are not enrolled with the French legislation as for the terms of stay and employment. (see attached an example of the contract of commitment of artists).

7.3.2

The contract of transfer of the exploitation rights of a performance

This contract is drawn up between the promoter (the employer of the artists) and an organiser and stipulates that the promoter provides a legally available venue to the organiser, for one or more performances in exchange for a flat-rate amount. So juridically this type of contract corresponds to a right of exploitation yielded temporarily by a promoter to an organiser; in practice it is assimilated to a sale contract ofa pr ov i de d“ t ur nk e y ” performance. This type of contract is most frequently used by the diffusion structures in France (venues as well as festivals).

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The essential clauses for drawing up a contract of transfer in France: The contract fixes the responsibilities and obligations of the contractors, and in practice, in the following ways: - The producer (producer and/or tour agent) must have the right of performance of the show. This means that they must have agreed on necessary concerned conventions with authors or a ut hor s ’or g a ni s a t i ons . - The producer must fulfil formalities and obligations (preliminary declaration at the labour office, payment of salaries and social security contributions) of employers towards the artists and technicians who make up the artistic plateau. - The organiser is required to provide the venue or the place of performance in functioning order and to ensure the expenses (in particular salaries of the technical and administrative staff in charge of the technical production, the hosting staff, and the maintenance of the place). - The organiser is responsible for ticket sales and the local promotion of the show, and it is customary that the organiser discharges the payment of the patrimonial rights to the authors. - The activity of live show entrepreneurs is regulated; the organiser and the producer must hold a licence of live show entrepreneurs(except in the case of an occasional organisers). - The contract must specify the price negotiated between the producer and the organiser, the place and the schedule of the performance, as well as the characteristics of the show. - It is customary to add a clause in to the contract concerning the additional costs related to the execution of the contract (transport charge of the material and the artistic team, subsistence costs...). These expenses are generally the responsibility of the organiser who can take care of them directly or reimburse them to the producer.

The contracts of transfer are subject to a reduced VAT rate (5.5%), just like the majority of the contracts of live performances. Subsistence and transport costs, insofar as they constitute an element of the price of the service, are subject to the same rate.

7.3.3

The contract of co-realisation

The contract of co-realisation is rather similar to the contract of transfer; the difference lies primarily in the terms of the financial agreement. Like the contract of transfer, the contract of co-realisation is drawn up between the producer of a show and an organiser and stipulates 

Case of a foreign entrepreneur coming from the EU.

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that the producer agrees to commit, for a venue available legally to the organiser, one or more performances in exchange for a share of the receipt gained at the show. The responsibilities and the respective obligations of the producer and the organiser are the same as in the previous contract, and the negotiation relates to the percentage on the receipts that the two contractors will receive at the end of the performance. This type of contract is almost always accompanied by a clause agreeing on a guaranteed minimum in favour of the producer. This guaranteed minimum, fixed by the producer in agreement with the organiser, is calculated in order to cover a part of the costs which fall to the producer. This type of contract is particularly adapted for the shows of foreign artists still unknown in France, faced with organisers that cannot release a big budget to programme them.

7.3.4.

The contract of co-production

This type of contract is very different from the two previous ones, as it applies to the logic of live show diffusion. The contract of co-production implies an association (in fact or law) between partners, who share financial means or services for the production (creation) and the exploitation of a show. This contract, is more complicated to draw up on a legal level, favours the production of a show when the principal producer cannot support its financial cost alone. This is particularly used in the sectors of the theatre and the opera and remains more marginal in the sector of popular contemporary music. In any case, it is not adapted to a logic of live show diffusion in France.

7.3.5.

The contract of provision of services

There is no specific contract for live performance, but a general contract which allows the delegation of a task in exchange for a financial agreement. The contract of service can be drawn up, for example, between a producer, holder of the rights of exploitation of a show, and a local entrepreneur (local promoter or tour agent, holder of a licence of live show entrepreneur) who will be in charge of organising, on behalf of the producer, the organisation of an event or a tour. The contract of service can in particular be drawn up by foreign entrepreneurs, who benefit neither from a title equivalent to that of French live show entrepreneurs, nor from a temporary licence, with the French entrepreneur holding the licence corresponding to the planned activity.

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NB: Reminder of the essential elements for drawing up of a contract of transfer or corealisation between a foreign producer and a French organiser: - the foreign company must provide written proof of its inscription to a trade register or a professional register in its country of origin, - the foreign entrepreneur, being the employer of the artists, must provide the individual certi f i c a t e sofde t a c h me ntf r o mt hes oc i a ls e c ur i t ys y s t e m oft hea r t i s t ’ sc ount r yofor i g i n (E101 form for the artists coming from the EU), - the booking of a foreign performance by a French organiser (having an EU-national producer) is subjected to the French VAT. The foreign producer will have to name a French tax representative who will discharge VAT owed (which is generally 5.5% of the amount of the contract). If the French organiser is subject to VAT, they can be designated as the tax representative of the foreign producer.

8.

PROMOTION

France is equipped with a rather great diversity of venues and cultural facilities as for size, programming, status and the sources of financing (specialised places of diffusion, generalpurpose venues, new venues of the industrial fallow type...). By considering the evolution of the sector and the growth of the venue offer, one can very schematically distinguish between 5 types of places dedicated mainly or partially to popular contemporary music:

- Scenes of Current Music (SMAC): The denomination SMAC corresponds in a way to a label set up by the Ministry of Culture. In return for a financial aid granted by the Ministry (through the DRAC, Regional Direction of Cultural Affairs) and the local authorities, SMAC has to match a specification comprising the obligations in terms of artistic diffusion, in accompaniment of developing artists and training. 130 venues are subsidised within the framework of this label, and in spite of the relatively heterogeneous characteristics and operations, these venues function rather well in the network and are, without question, the most favourable places for discovering new artists. They have budgetary constraints, however (related to their specification, in particular), which sometimes limit their possibilities regarding the booking of shows or the remuneration of the artists.

- The Zeniths are the first facilities dedicated to popular contemporary music that we r ebui l tt ohos t“ t hebi g ”Fr e nc ha ndf or e i g np r oduc t i ons .The r ea r e11Ze ni t hsin France, built with the support of the State in large cities (Paris, Montpellier, Toulouse, Toulon, France Export Handbook

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Caen, Rouen, Lille, Pau, Clermont-Ferrand, Nancy, Orleans), with flexible capacities which can accommodate up to 7000 or 9000 spectators. Contrary to the SMAC, the Ministry of Culture does not take part in the financing of their operations; it is ensured by their own receipts (ticket sales) and the subsidies of the cities. - The national and conventional stages: The l a be l“ national stage” ,created in 1992 by the Ministry of Culture, gathers a little more than 60 establishments which have the role of supporting artistic productions and diffusions. These venues are obliged to have a multidisciplinary programming (theatre, dance, music) but popular contemporary music is still rather under-represented except for jazz, French chanson and world music. The conventional stages correspond to a new label recently set up by the Ministry of Culture, and covering a network of about sixty venues rather comparable with the national stages. This label is given to places already subsidised by local authorities and whose programming is either multidisciplinary, or more specialised. These two types of venues function rather spontaneously in diffusion networks and are characterised by cross-financing; Ministry of Culture (DRAC), local authorities, cities and receipts of ticket sales.

- Small venues and venues related to local authorities: This category, a bit hotchpotch, gathers a great diversity of venues: municipal theatres, c ul t ur a lc e nt r e s ,MJ C’ s (community youth clubs and arts centres), small venues or alternative venues managed by associations. Their method of management, financing (direct management by the cultural service of the city, management delegated by the city to an association...) and the nature of t he i rpr og r a mmi nga r ea l s ov e r ydi v e r s e .TheMJ C’ sand associative venues have generally relatively limited financial means, but they are often venues for discovering new artists and new musical genres. Some of these pl a c e sa l s opr of i tf r omt hel a be l“ SMAC” .

- Theatres and private venues: These places are quasi exclusively concentrated in Paris, and are financed primarily by their own receipts. Certain Parisian private venues dedicated to popular contemporary music, are managed by tour agents and/or live show entrepreneurs (e.g. LaCi g a l e ,l ’ El y s é eMont ma r t r e ...) and host foreign productions regularly (on the basis of hiring the venue or a division of receipts...).

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Contacts of the principal concert venues in Paris and their artistic director: L’ El ys é eMont mar t r e(pop, rock, world, jazz, electro, hip hop, French Chanson): 72 bd Rochechouart 75018 PARIS France +33 1 44 92 45 36 www.elyseemontmartre.com NANTILLET Nicolas [email protected] Le Bataclan (pop, rock, world, folk/bues): 50 Bd Voltaire 75011 Paris France +33 1.43.14.35.35 FRUTOS Jules [email protected] POUBELLE Olivier [email protected] +33 1 43 14 20 67 La Cigale (pop, rock, world, jazz, electro, folk/bues, French Chanson): 120 boulevard de Rochechouart 75018 Paris France + 33 1 49 25 81 75 www.lacigale.fr MIMRAM Corinne [email protected] Le Divan du Monde (pop, rock, world, jazz, electro, hip hop, French Chanson): 75 rue des martyrs 75018 Paris France c/o SAS Atalou 7/15 av. de la Porte de la Villette 75019 PARIS France +33 1 40 05 06 99 www.divandumonde.com [email protected] FOUCHER David [email protected] La Boule Noire (pop, rock, world, jazz, electro, folk/blues, French Chanson): 120 bd de Rochechouart 75018 PARIS France +33 1 49 25 81 75 ROSSELIN Jean-Paul [email protected] France Export Handbook

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Le Nouveau Casino (pop, rock, electro, hip hop): 109 rue Oberkampf 75011 PARIS France +33 1 43 57 57 40 www.nouveaucasino.net [email protected] CUINIER Nicolas [email protected] Le Triptyque (pop, rock, world, jazz, electro, hip hop): 142 rue Montmartre 75002 Paris France +33 1 40 28 05 55 www.letriptyque.com [email protected] BARBOTTIN Benoît [email protected] La Maroquinerie (world, jazz, folk/blues, French Chanson, Celtic): 23, rue Boyer 75020 Paris France +33 1 40 33 30 60 / 35 05 www.lamaroquinerie.fr [email protected] POUBELLE Olivier [email protected] Mai nsd’ Œuvr e s(rock, electro, world, hip hop): 1 r Charles Garnier 93400 SAINT OUEN France +33 1 40 11 25 25 www.mainsdoeuvres.org [email protected] ROUSSEAU Benoît [email protected] LeGl az ’ ar t(pop, rock, world, jazz, electro, hip hop, French Chanson): 7/15 av. de la Porte de la Villette 75019 PARIS France +33 1 40 36 55 65 www.glazart.com [email protected] SZKUDLAREK Peggy [email protected]

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As already mentioned previously, there are also numerous festivals throughout the territory and spread out over the whole year, even if the period from June to September is the most important.

9.

NETWORKS

Networks gather the different venues by structure type (FFMJC for youth club and arts centres, Réseau Chaînon for small and average capacity multidisciplinary venues, for example) or by artistic affinity. One can thus name FEDUROK for current/amplified music, Fédération for jazz venues, Technopol for electronic music...

Venues belonging to the Fédurok network on March 16, 2004: •Abordage: Ev r e ux•Agora: LeHa v r e•Antipode: Re nne s•Art'Cade: SainteCroix-Volv e s t r e•Astrolabe: Or l é a n s•Bato Fou: Saint-Pierre - LaRé uni on•Brise Glace: Anne c y•Cave à Musique: Mâ c on•Chabada: Ang e r s•Chato'do: Bl oi s• Clef: Saint-Germain-en-La y e•Confort Moderne: Poi t i e r s•Coopérative de Mai: Clermont-Fe r r a nd •Cr i ’ Ar t :Auc h •Cylindre: La r nod •Des Lendemains qui chantent Tul l e•File 7: Ma g nyLeHong r e•Florida: Ag e n•Fuz z ’ Yon:La-Rochesur-Yon•Gare: Cous t e l l e t•Grand Mix: To ur c oi ng•Grenier à Sons: Ca v a i l l on• Krakatoa: Mé r i g na c•Luciole: Al e nç on•Lune des Pirates: Ami e ns•Manège: Lor i e nt•MJC Montluçon: Mo nt l uç on•Moulin: Ma r s e i l l e•Moulin de Brainans: Pol i g ny •Nef: Ang oul ê me•Ninkasi Kao: Ly on •Noumatrouff: Mul ho us e• Olympic: Na nt e s•Omnibus: Saint-Ma l o•Ouvre-Boîte: Be a uv a i s•Passagers du Zinc: Avig non • Plan: Ris-Or a ng i s • Réservoir: Pé r i g ue ux • Rio Grande: Mont a ub a n •Rocksane: Be r g e r a c •Run Ar Puñs: Châ t e a ul i n •Tamanoir: Ge ne v i l l i e r s•Tandem: Toul on •Tannerie: Bourg-en-Br e s s e•Ubu: Re nne s• Victoire 2: Mont pe l l i e r•Vip: Saint-Na z a i r e•West Rock: Cognac

Likewise for festivals, we can name AFIJMA (Association of Innovative Jazz and Current Music Festivals) for jazz, and Zone Franche for world music (which gathers festivals but also labels, agents, etc...). As for the FAMDT (Federation of traditional music and dance associations), it has a promotion and diffusion activity of the various aspects (research, documentation, creation) of traditional music.

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Several European networks have relays in France: European Jazz Network (Banlieues Bleues in the Parisian area), European Forum of Worldwide Music Festivals (les Hauts de Garonne in Bordeaux, Musiques Métisses in Angoulême, Africolor in Saint-Denis, les Nuits At y pi que si nLa ng on,l e sSudsi nAr l e s ,l aFi e s t ade sSudsi nMa r s e i l l e ,Mus i ques url ’ î l e in Nantes), Yourope - European Festival Association (Les Méditerranéennes de Céret), the European Network of Traditional Music and Dance (related to the FAMDT).

The most renowned festivals also serve as meeting places for professionals, the Printemps de Bourges (with the Tam-Tam salon with an international vocation, and the Printemps Network which has several European correspondents) or the Transmusicales of Rennes (whose discovery function is largely recognised).

10.

THE UNIONS

Live show entrepreneurs are represented by various unions: PRODISS replaces SYNPOS, and from now on joins producers together, diffusers and users of the most representative concert venues of the popular music sector. PRODISS, whose number one objective is to take care of the respect and the perennity of cultural diversity, gathers more than 240 producers, diffusers and concert venues of chanson, popular and popular contemporary music, private and subsidised. SYNDEAC gathers the employers of subsidised live shows (national stages, certain festivals, more representative of the theatre sector). SNES primarily gathers music (classical and popular) producers and tour agents, but also theatre and dance, all stemming from the private sector. SYNAPSS-USR gathers small and average capacity venues. SYNPTAC gathers primarily technical, administrative and hosting staff of live show companies (all artistic disciplines).

11. CONTACTS FOR TOUR ORGANISATION IN FRANCE Non-exhaustive list of useful contacts for tour organisation in France

Tour Merchandising

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

Encore Merci

47 rue de la Sablière 75014 Paris Tel: 33 1 45 42 24 24 [email protected] contact: David Sechan 

Oscar

9 rue des Olivettes BP 41306 44013 Nantes CEDEX 1 Tel: 33 2 40 89 12 00 [email protected] contact: Jérome Maleinge www.oscar.tm.fr 

Flight Charmandising

Bp 99 - 93104 Montreuil CEDEX Tel: 33 1 41 72 10 10 [email protected] contact: Ludovic Siffre www.charmandising.com 

Goeland Productions

BP 169 –93104 Montreuil CEDEX Tel: 33 1 48 51 76 01 [email protected] contact: Olivier Renard www.goeland.fr 

I ma g i n’ Ac t i v e

8 Hameau La Fontaine 75016 Paris Tel: 33 1 42 88 92 27 [email protected] contact: Lyliane De Florival www.imagin-active.com

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Backline 

HOCCO

13, rue Camille Groult 94 400 Vitry Sur Seine Tel: 33 1 43 91 15 15 [email protected] contact: Jean Claude Grall www.hocco.fr 

Ned Music

6 rue Damiens 92100 Boulogne Billancourt Tel: 33 1 46 21 17 17 contact: Guy Boyer 

BBS

44/46 Rue Benjamin Delessert 93500 Pantin Tel: 33 1 48 46 68 46 [email protected] contact: Pascal Graticola www.bbs-backline.com 

Eurobackline

Paris Tel: 01.46.82.00.00 Marseille Tel: 04.91.67.01.00 Bordeaux Tel: 05.56.32.31.93 www.eurobackline.com [email protected] 

NewLoc Toulouse

33 Av. des Arènes 31130 Balma Tel: 33 5 62 57 00 42 [email protected] contact: Gilles Guiraud http://www.newloctoulouse.fr/

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

Newloc Paris

Tel: 33 1 48 34 48 48 [email protected] contact: Dominique Gros



Newloc Strasbourg

Tel: 33 3 88 30 68 50 [email protected] contact: Didier Hoffman Transport 

TRANS'ART

16 chemin latéral au chemin de fer 93 500 Pantin Tel: 33 1 48 40 70 30 Services offered: Minibus 9 places coverage: Europe 

Alternative Location

96 rue Marcel Sembat 33130 Begles Tel: 33 6 08 99 02 77 contact: Stéphane Giraud [email protected] Services offered: Minibus rental, converted for tours, 6 to 9 places, holds backline of 4 to 78m³, national coverage. 

Clockwork

6 bis rue du Colonel Taylor 85600 Montaigu Tel: 33 6 07 97 35 02 contact: Stéphane Pietrucci Services offered: Minibus 9 places, 6 m³ for backline and stage manager, international coverage.

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

Locabest

39Av .Fo nt a i ne bl e a u94270Kr e ml i nBi c e t r ePor t ed’ I t a l i e Tel: 33 1 49 60 20 00 contact: Pascal Florestano Services offered: Minibus 9 places, 6 m³ for backline, utility and industrial vehicles, from 2 to 55 m³ (with or without driver), coverage: Europe 

Reservoir Tour

18 rue Adolphe Cherioux 92130 Issy Les Moulineaux Tel: 33 1 41 08 98 20 [email protected] contact Buba Doyen Services offered: Minibus 9 places, with or without production, coverage: France, Europe

Hotels 

CMT C'est ma tournée

44 rue de Miromesnil 75008 Paris Tel: 33 1 53 30 83 55 Contact Martine Mezzadra 

Helene Khim-Tit Organisation

2 impasse du Château 78125 Orphin Tel: 33 6 80 89 54 69 [email protected] contact: Hélène Khim-Tit Services offered:Hot e lr e s e r v a t i onsf ora r t i s t s ’t our s .

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III. MEDIA

1.

PRESS 1.1

GENERAL AND SPECIALISED PRESS

General press,da i l y( l eMonde ,Li bé r a t i o n,l ePa r i s i e ni nPa r i s ,a swe l la sl ’ Huma ni t éa nd le Figaro) and some cultural weekly magazines (Télérama) constitute a media open to specialised current events. Often privileged for its quality, it acts more in terms of image and recognition than sales (except Télérama, with its keys for record columns in particular).

Regarding specialised press, editors, rather overcautious in the beginning, finally decided to use the Internet as a privileged information medium supplementing their paper media.

1.2

PRESS BY MUSICAL GENRE AND ITS CIRCULATION IN NUMBER OF COPIES

- Pop/Rock: Les Inrockuptibles: 70 000 copies Rolling Stone: 120 000 Rock & Folk: 50 000 Rock Sound: 55 000 Magic: 45 000 Guitar Part: 50 000 Ne w’ Zi k :85000 Rock Mag: 50 000

- Hard-rock: Hard & Heavy: 40 000 Hard Rock Magazine: 30 000

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- Rap,R’ n’ B: Groove: 50 000 R&B:40 000 Ragga: 50 000 RAP: 85 000 RER: 35 000 The Source: 70 000 Reggae Magazine: 40 000 Track List

- Electronic Music: Trax: 40 000 Coda Onl yForDJ ’ s BPM

- Chanson, French pop: Chorus Platine

- Blues, jazz: Diapason: 60 000 JazzMan: 35 000 Le Monde de la Musique: 50 000 Jazz Mag Jazz Hot Jazz Notes Soul Bag Jazz Magazine

- World, traditional, celtic music: Le Monde de la Musique: 50 000 Diapason: 60 000 Univers Celtes: 40 000 Tr a d’ Ma g a z i ne World Musique Destination

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- Free press: Epok, the magazine of the FNAC, printed in 400,000 copies (300,000 distributed to members), MCM Mag: 90,000 copies, published by television channel MCM Mondomix Papier: 100,000 copies, magazine of Internet site mondomix.com, world music portal Long ue urD’ Onde s :100,000 copies, distributed all over France at concerts and festivals Campus Mag: 165,000 copies, distributed in universities

1.3

CYBER –PRESS

Cyber-press was late in developing but nevertheless more and more sites and portals exist with informative contents launched by traditional media: inrocks.com, ouirock.com, r f i mus i que ,mc m. ne t ,… as well as specialised webzines: mondomix.com, reggaefrance.com, digitalhip-hop.com, jazzmagazine.com,

digitalrockvision.com, keyboards.fr,

hardrockmagazine.com,

musicrun.com,

openmag.fr,

jazzhot.net, rollingstone.fr,

longeurdondes.com, chronicart.com, lehiphop.com, musicactu.com, novaplanet.com.

2.

RADIO

In 1981, the FM liberalisation causes an expansion of local, private, independent and associative radios, and an unprecedented development of this media. Previously, the radio was a state monopoly, thus only Radio France and the peripheral radio stations, RTL, Europe I and RMC existed.

Today, with more than 6000 exploited frequencies, the French radio-phonic landscape is a unique case in Europe. 99.1% of French households are equipped with a radio and 62% of listeners mention music as the most important reason for listening. Music on the radio represents less than 40% of radio listening in France according to Music & Copyright. However, the audience remains very concentrated (33 stations representing 95% of the audience in France) as well as musical programming (the top 40 represents nearly 2/3 of the programming of the FM networks).

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After years of trial and error, the radio seems to have reached a certain maturity (stabilisation of networks) and a ceiling of listeners. The principal questions crossing the sector relate to the diffusion quotas of francophone music, the weight of networks on the radio-phonic landscape, with consequences that risk musical pluralism, touched by the tendency of reducing play-lists. Networks, having found their positioning and public, are trying to extend their weight regionally, while remaining essentially local.

And lastly, new methods of diffusion record good results: - 3.8 million French per month listen to the radio via cable or satellite, - according to the Ipsos survey Profiling, in December 2003, 28% of French Net surfers state that they listen to radio via the Net. The average listening duration is 65 minutes.

The monthly volume of listening via Internet was multiplied by 10 between the beginning of 2001 and the end of 2003, with a peak between 9 and 17 hours. It is also noted that 37% of listeners are connected at their work place to mitigate the absence of a set.

French supply reaches 300 free FM radios and almost 100 Web radios accessible online. (Cf. the directory site of radios on Internet: www.comfm.com). The most listened to radios are Skyrock and Radio France and RTL for public radios.

2.1

THE LEGAL FRAMEWORK: QUOTAS OF DIFFUSION (LAWS OF 1986 AND 2000)

CSA (the Superior Audiovisual Council) is the competent administrative authority regarding radio and television. It delivers broadcast authorisations and guarantees respect of legislation.

The audiovisual law of September 30, 1986, imposes quotas on the diffusion of francophone music on radios. It was revised by the law of August 1, 2000 (which more largely aims at adapting the communication sector faced with the development of Internet).

The proportion of musical works performed in French or a regional language used in France must reach a minimum of 40% of musical programmes - including at least half (20%) by new talents or new productions, diffused at significant listening hours. (Chérie FM, Europe 2, NRJ, RTL 2 and Skyrock chose this option)

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The revision of August 2000 allows CSA to authorise the following exemptions for specific formats: -

60% francophone titles, including minimum 10% by new talents or new

productions° and at least one title per hour on average, for radios specialised in highlighting mus i c a li nhe r i t a nc e( “ ol di e s ”f or ma t :Nos t a l g i e ,RFM,MFM) ,

-

35% francophone titles, including minimum 25% by new talents, for radios

s pe c i a l i s e di npr omot i ngy oungt a l e nt s( “ y out h”f or ma t :FUN, VOLTAGE, ADO FM, OUI FM,CONTACT,KI SS,…) .

Even if the diffusion of music on radio still has serious limits (in particular for specialised repertoires), this law allowed a spectacular growth in album sales of national pop and largely contributed to the recovery of a threatened sector.

2.2

RADIOPHONIC LANDSCAPE

National Radios

Private general radios: RTL Europe 1 RMC

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Private music radios: NRJ Rire et Chansons Nostalgie (classified most musical by Yacast° with a total of 140,932 musical diffusion in 2003) Chérie FM (diffused most international pop, 31% of diffusions in 2003) Europe 2 Skyrock RTL 2 Fun Radio RFM MFM

Public general radios (Radio France): France Inter France Info Radio France Internationale (RFI) France Culture France Bleu

Public music radios (Radio France): France Musiques Radio Classique Loc a lr adi os( FM’ soft hepr ovi nc e ) .

Private local radios: Local independent radios dynamise regional radios. They often obtain a higher audience than national radios at local levels. The group of“ I n de pe nde ntr a di o s ”g a t he r s93l o c a ls t a t i onswhot og e t he rr e pr e s e nt11. 4% of the audience. One can mainly retain: Wit FM (Bordeaux), Scoop (Lyon), Ouï FM, Voltage, Kiss FM (Paris), Top Music (Strasbourg), Contact FM, Alouette (Nord Ouest) and Radio Star (Marseille). Yacast allotted the title of the radio diffusing the most of new music in 2003 to Champagne FM, another radio of the group, with 85% of diffusion.

°

Research and analysis centre of television, radio and advertising diffusions

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Public local radios (Radio France): TheMouv ’ ,ar oc kr a di oc r e a t e di nToul ous ei n1 997t a r g e ts the 15-24 year olds. FIP is classified as the most eclectic radio by Yacast with a diffusion of 21,899 different titles in 2003. It is also the radio which diffused the most blues/jazz (22%) and world music (12%) in 2003.

Associative radios

Associative radios have independent programming. Some of them are organised in networks.

-

Ferarock: the federation of associative rock radios (23 French radios, 3 Belgian and Canadian radios). It edits two classifications, one monthly and another weekly. Site: www.ferarock.com

-

Iastar: the French federation of student radios. It gathers 18 Campus Radios and offers a monthly classification of the 40 most diffused albums on student radios. Site: www.radio-campus.org

To note: the classification Power 70 established by Musique Info Hebdo which analyses single diffusions on the antennas of general independent radios, and Muzicast 100, classification carried out from musical diffusions 24/7 listed on radios of the YACAST panel.

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2.3

MUSICAL GENRES

Distribution of different musical genres:

In terms of diffusion

In terms of audience°

Francophone pop

19% (-1)

31% (-1)

International pop

9% (+1)

11% (+1)

International pop/rock

23% (-)

19% (+1)

Gr oov e / R’ n’ B

18% (+2)

14% (+1)

Dance

11% (-2)

6% (-2)

Rap

6% (-2)

6% (-3)

Francophone pop/rock

8% (+2)

7% (+1)

Ragga/Reggae

3% (-)

3% (+1)

Others

3% (-)

3% (+1)

Source: Médiamétrie

Rock and pop represented more than one quarter of the music supply in 2003. This represents a true reinforcement of the genre on the waves. Among radios diffusing pop/rock, we find RTL 2 and Ouï FM in Paris (the radio diffusing most pop/rock in 2003 with 92%, according to Yacast). Moreover, the installation of a rock format on Mouv' contributed to t hi st e nde nc y .Ge ne r a l( Fr a nc eI nt e rwi t hda i l ypr og r a mme“ C’ e s tLe noi r ” )a nds omel oc a l stations also have specialised programmes. To note: The most diffused title in 2003 was “Whi t eFl ag”byDI DO. Rap/ R’ n’ B:Skyrock introduced rap on FM and still remains the radio broadcasting this musical genre the most with 53% of diffusion in 2003 (Yacast). Ado FM (Ile de France) is t hes pe c i a l i s e dR’ n’ B/ g r oov er a di obr oa d c a s t i ng62% oft hi sg e nr ei n2003.Craig David wi t h“Ri s eandFal l ”r e ac he ss e c ondpl ac ei nt hege ne r alc l as s i f i c at i onofr adi ot i t l e si n 2003 (top 100) carried out by Yacast. In Paris, we can also name Générations 88.2 and Radio Nova.

°

diffusion weighted by the audience every quarter of an hour

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World music is diffused primarily on Radio Nova (Paris, Montpellier, Angers, Dreux), RFI, FIP, Radio Latina for Latin music, and community radios (Radio Soleil, Méditerranée, Mé d i aTr opi c a l ,Ra di oAl i g r e ,Al f a ,Be urFM … i nt hePa r i s i a nr e g i on) .Some local radios are also very open to traditional and world music (Campus in Toulouse, Coteaux in Auch and Tarbes, Grenouille in Marseille). On general radios, only some programmes are devoted to this musical genre, s uc ha sFr a n c eMus i quea ndFr a nc eCul t ur e( “ Equi nox e ”–Caroline Bourgine).

French chanson has some specialised programmes with good reputations, such as: on Fr a n c eI nt e r( “ Lepopc l ub”–J os éAr t ur ,“ Lepon tde sa r t i s t e s ”–Isabelle Dhordain, “ Pol l e n”–Jean-Lou i sFoul qui e r ,“ LeFouduRoi ”bySt é ph a neBe r ne )a ndonFr a nc e Cul t ur e( “ Cha ns on sda nsl anui t ”–Hélène Hazera). Jazz is diffused in specialised programmes on general radios: Fr a nc eI nt e r( “ Ex t é r i e urj a z z ” –Julie nDe l l iFi or i ) ,Fr a nc eCul t ur e( “ Bl a c ka ndbl ue ” ,Al a i nGe r be r )a ndFr a nc eMus i que ( “ Lej a z ze s tunr oma n”- A.Ge r be r ,“ Lej a z zpr oba bl e me nt ”–Xa v i e rPr é v os t ,“ J a z z: s ui v e zl et hè me ”–Ar na udMe r l i n,“ J a z zdec œur ,j a z zdepi que ”- Al e x.Dut i l h , …) .Some local and associative radios also devote an important, even quasi-exclusive place to it: FIP in Paris (Jazz à FIP en soirée), Fréquence Jazz in Lyon, Génération Paris Jazz, TSF in Paris ( “ J a z zt r i bune ”byJ e a n-Michel Proust).

Dance is represented in Paris by Radio FG and Voltage. Big networks took over the specialised programmes on local radios, but even there, new artists are diffused rarely. Contact FM (Lille) programmed 79% of dance in 2003 according to Yacast.

Electronic music is programmed on Radio Nova and Radio FG but generally suffers from the absence of specialised radios. It is found in general programmes, on the periphery: “ A t out ea l l u r e ”byGé r a r dLe f or ta nd“ El e c t r onl i br e ”b yDi di e rVa r r odonFr a nc eI nt e r , “ Zi k we b”byFr a nc i sZe g utonRTL.

The share of francophone diffusions (24h/24h, balanced by the audience) in 2003 remains stable (47%) compared to 2002. It is dominating on general radios (52%) and less strong on youth networks (36%). The most francophone radio in 2003 is France Bleu with 70% of diffusions in French.

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Oldies (productions older than 3 years) progress in a strategic way on certain very targeted radios.

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2.4

ROTATION OF TITLES AND EVOLUTION OF PLAYLISTS, CLASSIFICATIONS

In 2003, the total number of different titles diffused adds up to 66,107 (+ 10% compared to year 2002) including 22% francophone, 55% international and 23% instrumental titles. For over all radios, the audience for new music represents 52% against the 41% audience of “ ol di e s ”f or ma tt i t l e s .Thi sme a nst ha tbarely one out of two titles heard by the listener is new music. One feels the weight of oldies networks (Nostalgia, RFM, Blue MFM and France) where the diffusion of new music is concentrated over weak listening hours.

The reduction of playlists continues in a worrying way. The average rate of weekly rotation is 6.5 for francophone and 4.8 for international titles (both in increase). Certain stations reach a record of concentration level, for francophone titles in particular (Ado FM=14,3). The rates of francophone rotation are always higher on youth networks (around 10 on Fun Radio, NRJ and Skyrock). The number of different titles per week continues to drop: 260 on NRJ, 291 on Fun, about 737 on Nostalgie, 210 on Voltage. Overcautiously, even specialised radios take less and less risks in their programming and privilege sure values. The most diffused artist in 2003 was Jean-Jacques Goldman with 66 different titles.

Trimestrial analysis of average weekly rotation of different titles and artists by format

Formats

(2003):

Number of different titles diffused

Number of different artists diffused

Min

Max

Ave

Min

Max

Ave

Young

192

447

320

130

359

241

Young adult

155

1611

616

92

1132

381

Adult

390

949

638

198

476

307

General

123

1160

613

111

698 418 Source: Yacast 2003

KEY INDICATORS OF YEAR 2003 DIFFUSIONS

AVERAGE WEEKLY ROTATION BY TITLE (24h/24h): 

Francophone titles: 6.5 diffusions (6.5 in 2002 and 6.1 in 2001)



International titles: 4.8 diffusions (4.7 in 2002 and 4.5 in 2001)

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TOTAL NUMBER OF ENTRIES ON PLAYLISTS: 2 827 titles (+3.3% compared to 2002), including: 

Francophone titles: 32% of entries, i.e. 907 titles (+9 compared to 2002)



International titles: 59% of entries, i.e. 1670 titles (+111 compared to 2002)



Instrumental titles: 9% of entries, i.e. 250 titles (-29 compared to 2002)

Regarding changes, we can thus see a fall of instrumental, a stability of francophone and a progression of international titles.

3.

TELEVISION

In 2003, the French from age 4+ make up an average daily audience of 3 hours 22 minutes, thus television represents the most consumed media in France.

3.1

TERRESTRIAL TELEVISION

The place for music on television drops regularly (8.4% of the programming in 2000). Generally, cultural programmes are concentrated at night and over the summer period. In France almost no regular music programme remains, only special evenings and entertainment (Michel Drucker, Jean-Pierre Foucault...) are present during prime time. Award ceremonies are relatively well broadcast. Beside the traditional Victoires de la Musique awards and Eurovision, TF1 and NRJ launched the NRJ Music Awards (French and international stars) and M6 the M6 Music Awards, both very close to their respective play-lists. These televised shows have a very positive effect on the albums sales of the invited artists.

Offers of music programmes on terrestrial channels in 2002 (documentaries and magazines):

France 2

France 3

France 5

Arte

TF1

M6

Canal+

75h13

37h45

93H56

114H24

15H24

90H11

13H03

Source CSA

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M6 considerably reduced the share reserved for music in its programming and created a channel available on satellite and cable, M6 Music, which is exclusively reserved for music. On M6, time slots devoted to video music diffusion were restricted to morning (6h-7h) and night (1h-4h/5h). The channel also offers magazines devoted to popular contemporary musical events.

The profession regularly complains that the public service (France 2, France 3, France 5 ARTE) is led to play a major role to improve the place for music on television, the terrestrial channels being regarded as one of the essential means of record promotion. France 2 and France 3 are obliged to diffuse music programmes. On France 2, the weekly programmes are CD’ Auj our d’ hui(lasts 90 seconds and deals with all genres, with nearly 10 million viewers in 2002, celebrating its 3rd birthday in 2004) and Mus i que sauCœur(classical) attracts an audience dedicated to music. There is also an programme diffused every 2 months, Trafic Music, presented by Guillaume Durand at 11pm. Music represents 18% of its cultural programmes.

France 3 concentrates on classical music with programmes like Les Matinales, Toute la mus i quequ’ i l sai me nt . Sorties de nuit is more eclectic and deals with popular contemporary musical events in general. Music represents 12% of these cultural programmes.

France 5 diffuses documentaries on music but does not have a 100% musical programme, it is not obliged to diffuse music.

Canal+ is not obliged to diffuse music on the air either, and approaches it only through reports.

Arte, in addition to its weekly programme Tracks devoted to new musical tendencies, offers numerous thematic evenings in all musical genres.

Over the past few years, the constant success of musically dominated reality shows like A La Recherche de la Nouvelle Star or PopStars (M6) and especially Star Academy (TF1) has the merit of recreating the popular dimension of spectacular singing shows for the youth. Nevertheless, the success of these formats should not hide the continuing tendency, present over all on general channels: the disappearance of programmes in the first and second half of the evening centered around hosting artists that perform their latest creations. France Export Handbook

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TF1, in addition to reality shows, offers French and international pop concerts (first or second half of evening) and classical music (night).

Generally speaking, videos have nearly disappeared from terrestrial television and it is now necessary to have cable or satellite to have access to them, thanks to music channels. The audience of terrestrial channels slips under the 90% bar in 2003. This fall, slight but constant, is related to the increase in the number of households subscribed to cable or satellite channels.

Total number of diffusions of music videos in year 2003: 424,659 diffusions (against 447,568 diffusions in 2002)

Share of francophone diffusions (24h/24h): 38% (37% in 2002)

Average weekly rotation of videos (24h/24h): International: 3.6 diffusions (3.7 in 2002) Francophone: 5.9 diffusions (6 in 2002)

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Distribution of music supply on TV (2003):

Source SNEP

3.2

CABLE AND SATELLITE

Following a late start, the number of subscribers to widen offers in France reached nearly 12.5 million in March 2003 (4.9 million for cable, 5.3 million for satellite and 3.2 for TPS). Cable records an increase of 7.1% of subscribers and satellite 6.8% between 2001 and 2002. The sales turnover of thematic channels rose to 848.7 million euros in 2001. However, in 2002, this figure stagnates at 847.5 million, which even represents a very slight reduction (-0.01%) compared to 2001. The major causes of this evolution are the fall of royalties paid by distributors and the reduction in advertising receipts. Regarding thematic tendencies, cinema is at the head, its 2002 sales turnover represented 21% of the total resources of thematic channels against 6% of music.

TV5, the international francophone television channel, present on cable and satellite, diffuses 3 music programmes weekly. Acoustic offers a plateau of francophone artists live. Paroles de clip diffuses at least 3 videos of francophone artists subtitled in French. This programme is not available on the France-Belgium-Switzerland network. L’ i nv i t émus i que presents a francophone music personality who answers questions of TV5 editors.

On the 91 channels diffused on French cable and satellite, music comes in 3rd place (after cinema and documentaries, before sport and news) with 10 channels, which compensates for France Export Handbook

85

the fall of music supply on terrestrial channels in terms of programming volume but not on viewing time. Among these 10 channels only one diffuses classical music, the rest are devoted to popular contemporary music. Each one tries to find its niche while specialising in a slot:

Thematic music channels:

Their audience in September 2003 - February 2004 (individuals aged 4 and up): Share of market

Audience°

Fashion TV

75%), - radio: 21% (NRJ: 40%, Skyrock: 15%), - press: 3% (les Inrockuptibles: 20%, Musique Info Hebdo: 15%), - placarding, internet°, cinema, others: 2%.

Distribution by format in 2002: - best of: 25%, - various artist compilations: 20%, - albums: 45%.

The increase of the amounts devoted to advertising investments is one of the principal obstacles for independent labels, which cannot at all follow the higher bid of the majors and the development of new marketing and sales promotion strategies.

As an example, in 2002, Universal Music invested 190.42 million euros gross including 75.1 million on television, 20.8 million on radio, 2.3 million on press, 1 million on placards and 0.8 million on Internet. This year, the major even progressed three places in the classification of the first 100 French advertisers and positioned itself as the second French advertiser, behind Renault (with 273.8 million euros of gross investments) and in front of Carrefour (with 177.6 million euros of gross investments).

°

The amount of advertising investments of the phonographic industry on internet went from 1 million euros in 1998 to more

than 8 million in 1999 (which is 8 times more than cinema, resting stable at a million).

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IV. PROFESSIONAL AND INSTITUTIONAL ORGANISATIONS While public intervention in favour of culture is very old in France, a centralised country with a strong interventionist tradition, the creation of the Ministry of Culture dates back to André Malraux (1961). Contrary to classical and contemporary music, popular mus i cwast ake ni nt oac c o untasa“l e g i t i mat e ”f i e l dofi nt e r ve nt i onr at he rl at e . The real outline of public politics in favour of all kinds of music dates back to the first ministry of Lang Jack (1981-86) and to the activity of Maurice Fleuret, director of Music at the Ministry of Culture at that time.

Even if the role of the State is important, with a considerably present cultural activity as much at the direct (subsidies, help with facilities, activities in favour of creation, training and diffusion, installation of programmes) as the indirect level (laws and regulations, taxes...), local authorities also play a strategic role, being the number one bodies to finance culture.

In addition, the State often prefers to install indirect financing mechanisms through civil companies (in accordance with the law of 1985) and professional organisations, in which it takes part.

1.

EXPORT HELPING ORGANISATIONS 1.1.

THE FRENCH MUSIC EXPORT OFFICE

THE FRENCH MUSIC EXPORT OFFICE is a non-lucrative association created in 1993, by the initiative of French professionals with the support of the authorities and the professional organisations of the record industry and live performances. Its goal is to help French record companies promote their artists abroad. By connecting necessary synergies between various partners, it connects French and foreign professionals.

The network: The French Music Export Office wove a network of 9 offices throughout the world in partnership with local embassies: United Kingdom (London), Germany (Berlin), Japan

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(Tokyo), Brazil (Sao Paulo), Spain (Barcelona), Mexico (Mexico City), Russia (Moscow), New York (USA) and Australia (Sydney). According to the territory and its partners, each office can propose its own tools and help. For more information on each office, consult our Internet site and our database: www.french-music.org.

The network of the Offices, connected to the cultural services of the French Embassies and AFAA, has a double mission: - to carry out proximity work which makes it possible to identify and develop the possible networks of development, - to relay the activities of professionals.

Who can benefit from the activities of the Export Office? -

French record companies

-

French tour agents

-

French artists and managers (via record companies)

-

French music publishers

-

the French cultural network abroad

-

French and international media

-

foreign music industry professionals interested in French artists: record

companies, tour agents, festivals and music publishers

The Export Office is financed by:  French record companies  the authorities: Ministry of Foreign Affairs, Ministry of Culture and Communication and the French Association for the Promotion of the Arts (AFAA)  professional organisations: the Association of Music Producers (SCPP), the Syndicate of French Record Producers (SPPF), the National Union of Phonographic Publications (SNEP), the Musical Support Fund (FCM), the SACEM and the National Center for Chanson, Jazz and Popular Music (CNV)

The Export Bureau has a total budget of 2,315,500 million euros, half of it ensured by the Ministry of Foreign Affairs, the Ministry of Culture and AFAA ( Ag e nc eFr a nç a i s ed’ Ac t i on Artistique), a quarter by record producers (SNEP, SCPP, SPPF), and another quarter by professional organisations (SACEM, ADAMI, FCM, CNV).

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The activities of the French Music Export Office 

Help with prospection and development:

- Organisation of professional meetings in France and abroad: The Office organises study trips for professionals in charge of export in record companies, on new territories of prospection, in partnership with Ubifrance (French Agency for International Business Development). - Coordination of the French presence at professional expos abroad: The Office works for a greater representation of French producers at the large international expos (such as the MIDEM, the WOMEX, the POPKOMM, etc.) by organising stands and by supporting the presence of show-cases for French artists, in partnership and with the assistance of Ubifrance. 

Help with promotion:

The Export Office has promotion and marketing tools at the free disposal of French and foreign professionals:

- an Internet site: www.french-music.org, with a database of more than 6000 contacts - the Music News From France: a newsletter on artists produced in France - compilations: pedagogic (French Generation), thematic (In Bloom, So Frenchy So Chic), event-related (MIDEM, Popkomm...) and DVDs (video compilations), - thematic guides.

Information:

-

Putting online a regularly updated export database,

-

Providing a Resource Center offering specialised studies and publications for

professionals, -

Production and publication of the Export Books, studies related to the music

industry of various countries, -

Personalised consulting service for labels, managers and live show

entrepreneurs, -

Organisation of briefings for French tour agents in collaboration with the CNV,

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-

Updating Export Certifications in collaboration with the SNEP and the UPFI.

The support of export projects: 

Help with foreign tours:

Through its Export Commission, the Export Office subsidises foreign tours of artists signed by French record companies. These projects are helped in order to optimise the work on the record and the investment (promotion, marketing, financing) at the same time, carried out by record companies in France and abroad. 

Help with the promotion of artists:

TheExpor tOf f i c ef i na nc i a l l ys uppor t spr omot i ona c t i v i t i e s ,a r t i s t s ’t r a v e l sf orpr omot i ona l ends as well as travel expenses for producers by the means of its Promotion Commission. 

Help with musical audiovisuals:

The Videomusic Export Commission helps with the adaptation of videomusic for foreign markets. It is supported by the Ministry of Culture, the FCM and the CNC.

1.2

THE FRENCH ASSOCIATION FOR THE PROMOTION OF THE ARTS/AFAA

Created in 1922, the French Association for the Promotion of the Arts/AFAA is the delegated operator of the Ministry of Foreign Affairs and the Ministry of Culture and Communication for international cultural exchanges and helping to develop the fields of performing arts, (theatre, circus and street arts, dance, music), visual arts, architecture, cultural inheritance and engineering (big projects, foreign cultural seasons in France).

The AFAA is largely financed by the French authorities present within its Board of directors, where qualified experts are also in office.

In permanent relation with the various French and foreign cultural professional environments, the AFAA also works in partnership with more than twenty French territorial communities (cities, departments, regions) mostly in the form of triennial conventions and financed with equal shares or with the intervention of the Regional Direction of Cultural Affairs (DRAC). This pooling via the means and the expertises makes it possible for artists

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strongly established in their city or region to be discovered abroad, to accommodate creators from all over the world on French territory and, in return, to weave durable bonds between French and foreign artistic teams.

With the assistance of the French embassies and cultural establishments abroad, the AFAA takes diffusion actions (circulation of works, creators and professionals) and implements projects of co-operation, co-production, training and residences in the world.

At the same time it takes part in international cultural exchanges, the support of the music industry through its financial participation in the Export Commission of the French Music Export Office and its direct assistance to the French Music Export Offices in Berlin, London, Barcelona, Sao Paulo and New York.

In addition, the AFAA ensures the hosting of foreign professionals at times of great cultural events in France (festivals, biennials etc).

It also contributes to the hosting of foreign cultures in France, following the foreign cultural calendar over seasons or years in France established by the authorities over several years. Thus, AFAA will organise the France-China cross-years (China in France until the summer of 2004 and France in China as of September 2004) and will host Nova Polska, the Polish season in France from May to December 2004, while already preparing the Brazilian season in 2005, and the Surprising Latvia festival. These events sometimes bring about the opportunity of a similar rendez-vous in the invited country.

Its resource center (with access to an online database on French and African contemporary creators) and its publications (Rézo international, Rézo Afrique, Topographies, Chroniques del ’ AFAA. . . )supplement this mechanism by keeping it permanently up-to-date.

In addition to its traditional missions, the forever on the move AFAA, dynamic to respond to current artistic stakes, will accompany the creators with new programmes. AFAA will, among others, implement Music Generation, an exchange programme bound for the Maghreb and Middle East.

1.3.

FRANCOPHONY DIFFUSION

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Created in 1993, it is an association which aims at the diffusion and the promotion of francophone music through a network of more than 150 radios in 70 countries of the world.

Twice a month, Francophony diffusion sends about a dozen new records selected by record companies to the radios of the network, which in exchange send their comments and intentions of programming, as well as information on the musical and audiovisual topicality of the country. The received data is processed and transmitted to the record companies. A bi-monthly bulletin as well as a weekly E-letter publishes this information as well as an international prize list of the francophone music. The exchange of information and twinned operations are favoured through the world network of partner radios.

Francophony diffusion benefits from the support of the Ministries of Foreign Affairs and Culture, the French Community of Belgium, Télémedia in Montreal, professional organisations and Radio France Internationale.

2

THE INTERVENTION OF THE STATE AND TERRITORIAL COMMUNITIES 2.1. THE MINISTRY OF CULTURE AND THE DRAC

The DDAI (Delegation for Development and International Affairs) is a department of the Ministry of Culture whose help goes primarily to inter-state co-operation projects and to organisations responsible for setting up support programmes at a European and international level. It also supports directly or via the DRAC (Regional Direction of Cultural Affairs) the hosting of foreign events by big festivals or organisations channelled abroad (Musiques Métisses in Angoulême, the Printemps de Bourges for the Tam-Tam organisation, the Ba t of a rf ort heEur ope a nc i t i e s ,Pa r i sdi s t r i c tofSumme r ,e t c …) .Only the strong initiatives associating other public partners and privileging a promising network logic are retained.

Besides the DDAI, it is the DMDTS (Direction of Music, Dance, Theatre and Show business) that lays down and directs the policy of the Ministry in the field of music. However, the majority of the credit is now regionally decentralised by the DRAC.

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The Regional Directions of Cultural Affairs (DRAC) regionally represent the Ministry of Culture and distributes credit to projects that correspond to their criteria, in particular in terms of professionalism and artistic excellence.

2.2

LOCAL AUTHORITIES

Their share in financing culture is dominant (>60%). The weight of cities is determining, they represent almost 80% of the territorial cultural expenditure (department = 17% regions = 5%).

The laws of decentralisation did not concern the cultural field much, and did not reserve a particular competence to public bodies for live events. They all intervene in this field, however, not within a very constraining legal framework.

- the communities (cities) finance the cultural facilities in particular.

- the departments, via the general councils, are primarily involved in the conservation and the diffusion (diffusion in rural zone, raising consciousness of musical practices).

- the regions, via the regional councils, develop artistic productions and live events (festivals) in particular.

Music is the first sector of intervention, with the financing of large amenities (orchestra, opera houses...), especially in large cities. The communities also play an essential role in the financing of music pedagogy.

As a consequence of the decentralisation, over the last few years, the various communities sought to develop international projects that little by little break the traditionally very centralised French operation (Paris-province). They initially intervened within the framework of three types of exchanges: 1. bilateral twinning and exchanges, 2. co-operation networks between regions and transborder co-operation (the Atlantic arc, euroregions),

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3. assistance to specific operations within the framework of events of international fame. Culture, neglected in the beginning, becomes little by little a major element of the interregional agreements.

The ADDMD and the ARDMD (departmental and regional associations of music and dance, whose initials and names have some variants) are the associations financed by the State and the communities (departments and regions respectively), which coordinate music life and can be good interlocutors (in terms of information, training and diffusion). Regional popular contemporary music poles are also set up. They can either be specific entities (Trempolino in Nantes, Avant-Mardi in Toulouse, the RAMA in Bordeaux), or a popular contemporary music mission within a regional music and dance association, as ARCAM PACA (Pr ov e n c e Al pe sCôt e d’ Az u r ) in Aix. However, not all regions have them (Languedoc-Roussillon for example).

3

PROFESSIONAL ORGANISATIONS AND CIVIL SOCIETIES 3.1.

PROFESSIONAL ORGANISATIONS

IRMA A general interest organisat i on,I RMA( I nf or ma t i ona ndr e s our c e sc e nt e rf ort oda y ’ smus i c ) was set up in 1994 on the occasion of the regrouping of the CIR (Information center of rock and pop), the CIJ (Information center of jazz), and the CIMT (Information center of traditional music). As a service tool of the music network, IRMA intervenes in the fields of information, advice and training and puts its resources at the disposal of the actors of the sector (IRMA does not bestow any financial support on musical projects).

To provide information for professionals, IRMA develops:

- a permanently updated database of more than 50,000 professional contacts (artists, professional organisations, training organisations, live show entrepreneurs, record companies, music publishers, distributors, media, services....), - edition and distribution of yearbooks ( “ Of f i c i e ldel aMu s i que ” ,“ J a z z2004”–annual g ui deofJ a z z ,“ Pl a nè t e sMus i que s ”–annual guide of traditional and World music), and pr of e s s i ona la ndt he ma t i cg ui de s( “ Mus i cc ont r a c t s ” ,“ Live show” , “ Ar t i s tPr of e s s i on” . . . ) .

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- an Internet site and documentary resources accessible online as well (collection of practical records, professional library), - a reception and orientation space open to the public and 3 specialised information centers, - a department of continuous training (short modules and long cycles depending on the development and framing of musical projects), - a counselling service animated by experts in the fields of music production and publishing, live shows, and artist careers, - a network of 75 regional and European correspondents

NATIONAL CENTER FOR CHANSON, JAZZ AND POPULAR MUSIC

The CNV was created in October 2002, from the former Chanson, Jazz and Popular Music Support Fund. It is an aid organisation financed by the parafiscal tax on live show ticket sales. The CNV helped 443 files in 2002 (against 434 in 2001), granting a total amount of 6.38 million euros of aid (against 7.25 million in 2001).

This aid was divided in the following way in 2002: - aid to companies: 3.93 million euros, against 4.6 in 2001 - helping the promotion of artists and the creation of shows: 1.46 million euros, against 1.32 in 2001 - promotional and economic development: 0.78 million euros, against 0.86 million in 2001 - concert halls and facilities: 0.21 million euros, against 0.42 million in 2001

When issuing its first statement based on the activity report of the year 2003, the CNV records a very strong progression of the aid allocated in 2003: the total rises to 10.34 million euros for 562 accepted files, which is a progression of more than 61% compared to 2002 (6.39 million euros for 443 files). Apart from 60,000 euros, the volume of aid allocated in 2003 is equivalent to the total amount of the parafiscal tax on concerts collected in 2002.

2003 promises a very good evolution with more than 13.2 million euros collected (+ 27%) proving that live shows are in good health. The number of concert companies affiliated to the CNV rose from 700 (2002) to 846 (2003).

NATIONAL OFFICE OF ARTISTIC DIFFUSION (ONDA)

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ONDA was created in 1975 to encourage the diffusion of artists whose work is centered on contemporary creation and the renewal of genres. It covers all artistic disciplines, with sectoral counsellors (music, street and circus art were added to theatre and dance). It intervenes with the structures of diffusion to help them to be better informed about the artistic projects in progress and to financially support them according to their choice of programming (financial guarantee on the deficit).

ONDA develops its international network and supports the diffusion of foreign performances on national territory, but intervenes financially only with the places of diffusion. Financing of a performance can be demanded if it is held under professional conditions, outside the region of production, within the framework of a tour (no help for an isolated date).

ONDA can also facilitate information diffusion and the setting up of tours for innovative foreign performances (via the GRAC).

3.2.

CIVIL ORGANISATIONS

Small glossary of legal terms:

- Copyrights: Rights belonging to the author on the exploitation of their work. We distinguish primarily between patrimonial and moral rights. These rights are managed by the SACEM. - Ne i g hbour i ngr i g ht s :Thea r t i s t ’ sr ights, recognised by certain national legislations, to authorise any recording and any exploitation of their performance, as well as the right for equitable remuneration and remuneration for private copying. - Private copy: Right to reproduce a work withoutt hea ut hor ’ sa ut hor i s a t i onf ort hec opy i s t ’ s strictly personal use.

- Legal licence: As soon as a record is in the trade - some modes of marketing: compact disc, cassette, Internet... - the performer and the producer lose the right to authorise its diffusion, s e e i nga st h i sa ut hor i s a t i onr e s ul t sdi r e c t l yf r om t hel a w( “ l e g a ll i c e nc e ” ) .In compensation for the loss of this right, the use of records under the legal licence system opens the right to ar e mune r a t i onk nowna s“ e qui t a bl er e mune r a t i on” .Col l e c t ed by the Civil organisation for

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the collection of equitable remuneration of the communication for the public of commercial phonograms (SPRE) for distributors, it is divided between performing artists and record producers.

- Equitable remuneration: royalty paid by commercial phonogram broadcasters such as radio stations, television channels, discotheques, and more generally, all public places playing music (restaurants, hotels, shops...). It goes to music performing artists and music producers published for commercial means when their phonograms are used in public places other than those for music performances or diffused simultaneously on cable TV.

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3.2.1

Author organisations

THE SACEM (COPYRIGHT AND ROYALTIES ORGANISATION)

The SACEM, created in 1851, is the civil organisation of authors, composers and music publishers, as well as audiovisual producers. The SACEM only manages the works registered by its members, which were accepted in accordance with the terms laid down by the general regulations.

The SACEM set up a series of specific support programmes for popular contemporary music (pop, jazz, rock, traditional music). However, apart from supporting festivals, which can apply to a foreign festival programming a French repertoire, and in the absence of specific agreements with a country, the support is reserved for French professionals.

Festival support This programme “f av our se v e nt st hatgi v eac hanc et oy oungpr of e s s i onal sandwhos e theme reveals an effort of creativity and artistic risk-t ak i ng ”. The presence of wa r mup’ sfor young artists, open stages and training workshops for young authors and composers constitute the major elements of appreciation. The festival must propose a programming relevant to the repertoires protected by the SACEM, take place over a period of a minimum of 3 days and/or a minimum of 8 concerts over at least 15 days and have a regional, national or international significance. The grant can reach a maximum of 12% of the artistic budget.

Other support Support is also provided for the residences of creators, the places of diffusion and the production of live shows. There are also individual grants for projects, a fund for the encouragement for live music, as well as a fund for the higher standing of jazz improvisations. Lastly, a support fund for independent music publishing and programmes reserved for audiovisual music supplement the system.

In 2003, the total amount of distributed grants (including all repertoires) was 10.53M€ (+29% compared to 2002).

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Distribution of grants:

Creation and production support

4.55 M€

Live music support

4.86 M€

Artist and author training

1.11 M€

FCM

1.10 M€

SACEM action Funds and Franco-American funds

0.93 M€

Source: SACEM 2003

3.2.2

Artist organisations

Two organisations manage the rights of artists in France.

ADAMI

(ORGANISATION

FOR

THE

ADMINISTRATION

OF

RIGHTS

OF

PERFOMING ARTISTS AND MUSICIANS)

Created in 1955, Adami manages the rights of 160,000 performing artists and counts more than 12,000 related members, an important population owing to the fact that it also represents stage actors, dancers, soloists and conductors. In 2003, the organisation collected 42.4 million euros, which is an increase of 7.8% compared to 2002. ADAMI manages the rights of performing artists of music and dance whose name is mentioned on the label of a phonogram or in the credits section of a videogram (equitable remuneration, audio and audiovisual private copy). Within the framework of artistic action, it takes part in an efficient creation support policy, centered on two points (by devoting 25% of distribution rights to it): to support the creation and diffusion of live shows and to help the professional training and career development of artists. In 2003, more than 800 projects were supported. The amount of the allotted grants rose to 10.1 million euros (against 9.9 million euros in 2002).

Live events are supported by grants for the creation of live shows (a minimum of performances is necessary), tours or festivals. There is also a support for records (intended for the producer, even in the event of auto-production, provided that a proof of distributor engagement can be provided). The requests must be presented by an institution (company or association) which respects the social legislation and the guaranteed minimum salaries by

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inter-professional agreements; individual requests are not accepted. Requests for support for operation or annual programming are not accepted either. A period of twelve months is necessary between each request, which cannot exceed the third of the total budget of the pr oj e c t .Th er e que s t sa r ee xa mi ne da c c or d i ngt omu s i c a lg e nr e ,e i t he rbyt he“ c onduc t or s a nds ol oi s t s ”c ommi s s i onorbyt he“ pop”c ommi s s i on,wh ome e te v e r ymont h( e xc e ptover the summer). They must reach the artistic action service 3 months before the date of the first performance (2 months before the first day of recording a phonogram).

SPEDIDAM (ASSOCIATION OF PERFORMING ARTISTS OF MUSIC AND DANCE)

Spedidam, founded in May 1959, is a society managing the rights of intellectual property for the performing artists. TheSpe di da m’ smi s s i oni st oma k es ur et ha tt h ei nt e l l e c t ua lpr ope r t yc odei sr e s pe c t e d.

The Spedidam collects and distributes the money recognized by the intellectual property code as benefiting the performing artists : money from private copies, from secondary use and equitable remuneration for which it represents the exclusive rights of the performing artists. TheSpe di da m’ sc ul t ur a ldi v i s i on,upont hec ommi s s i ons ’de c i s i ons ,g r a nt ss ubs i di e sf ort he creation, promotion of the life scene and for the training of performing artists. Theg r a ntg i v e nbyt h eSpe di da ma r edi r e c t l yl i nk e dt ot hepe r f or mi nga r t i s t s ’wor ka ndt o the total wage bill of the project. The demanding organisation must be the employer of the artists.

3.2.3

Producer organisations

SCPP (ASSOCIATION OF MUSIC PRODUCERS)

The SCPP was created in 1985, with the aim of ensuring the management and the protection of the rights of phonogram and videogram producers.

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With more than 700 members including the 5 majors, the SCPP manages approximately 1,300,000 phonograms and 20,000 music videos, representing more than 80% of the rights of French producers. Just like the association of performing artists, the SCPP collects remunerations in the name of (audio and audiovisual) private copying and equitable remuneration and redistributes them between those entitled. The SCPP supports live events (tour support for music producers, but also live shows and festivals) and phonographic creation. These supports primarily concern inexperienced artists and career restarters. The amount of grants for 2003 was 8.43 million euros of which 50% were devoted to the creation of albums.

SPPF (SYNDICATE OF FRENCH MUSIC PRODUCERS)

Created in 1986 by 12 independent producers, today SPPF counts nearly 450 members and manages a repertoire as important as that of the SCPP. It takes part in the redistribution of remunerations in the name of (audio and audiovisual) private copying and equitable remuneration. Likewise it has supported the use of the ISRC code with its members for many years. It also contributes to the widening of the protection and the collection of the rights of its foreign members (Switzerland, Quebec, Italy, etc). It devotes a part of its total budget (1.75 million euros in 2003) to the support of creation and diffusion (1.463 million euros in 2003), live shows (243,500 euros in 2003) and the training of artists (21,250 euros in 2003). The SPPF offers a support programme bound for discographic productions carried out in France, whatever language is used, as well as export (development of structures abroad), and tour support.

3.2.4

General interest

FCM (MUSICAL SUPPORT FUND)

The FCM is an association which brings the civil organisations together which collect and distribute copyrights and neighbouring rights, professional organisations and syndicates, as well as the authorities around music support programmes. It receives grants from civil organisations and the State. In 2003, it allocated a little less than 3 million euros to musical creation (against 3.13 million euros in 2002). The FCM supports the production and promotion of live shows (concerts, tours), festivals, exportation, contemporary lyric creation

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and musical theatre. Its grants also help phonographic and video music production, as well as production in the musical audiovisual field. Lastly, it intervenes with artist training organisations. The support requesting files must necessarily be deposited at least one month before the meeting date of the commission managing the concerned programme. The support of live shows The Musical Support Fund develops four programmes reserved for live shows: support of live shows (tours, concerts, wa r m up ’ s ), support of export tours, support of festivals in France and support of festivals abroad. The grants can concern foreign artists as well, provided that they have rights in France. Thes uppor toff e s t i val sabr oadwhos eai mi st oai dr e que s t spr e s e nt e dby“Fr e nc h establ i s hme nt sr e s pons i bl ef orr e pr e s e nt i ngFr anc ei n ourt e r r i t or y”.The yc anno t e x c e e d25% oft hef e s t i va l ’ sbudge tde vot e dt ot hepr ogr ammi ngofFr e nc har t i s t s .

The support of live shows fits in with the dynamics of artist career development. It favours actions built on a stage/record synergy, and particularly concerns artists with a new record to promote, who profit from support from their music producer. It is addressed exclusively to organisations holding a live show entrepreneur licence and to artists and groups who have already produced at least one album (except for the support of warm up groups). The support of export tours concern French and/or francophone artists.

Support of phonographic production The FCM develops two support programmes for phonographic production. The applicant must have a written agreement of distribution and the record should not be marketed before the meeting date of the commission concerned.

The first programme is a support of phonographic production of the following genres: classical (works rarely or never recorded), contemporary, children, creative jazz, traditional music. The access to this programme is reserved for commercial institutions. The support of the FCM cannot exceed 25% of the budget. The number of grants per label is limited to three per annum.

The second programme supports production of pop records, intended in priority to artists of French expression.

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3.3

TRADE UNIONS

SNEP (NATIONAL UNION OF PHONOGRAPHIC PUBLICATIONS)

Created in 1922, the National Union of Phonographic Publications gathers 48 members including –spokesperson and representative, as much face to face with the Government, the members of Parliament and the administration, as other professional organisations, press and the public.

The SNEP is a professional union affiliated with the MEDEF (the Movement of French Enterprises). It is also a member of the International Federation of the Phonographic Industry (IFPI).

The members of the SNEP, who represent approximately 80% of the turnover of the French record market are: -

manufacturers,

-

music producers and publishers,

-

exclusive phonogram distributors, producers, exclusive distributors and publishers of video music.

The activities of SNEP are multiple and cover all questions over a legal, financial, social or economic nature: -

the negotiation of draft agreements, defence and recognition,

-

rights of producers of phonograms and video music,

-

information on the profession, through economic and statistical studies,

-

the promotion of brand image in the phonographic industry.

SNEP de v e l ope dt h es y s t e m of“ wor kc ommi t t e e s ”whi c ha l l owsi tt oi n t e r v e nemor e efficiently in the economic and legal life of the profession. The setting up of these committees contributes largely to the development of the activities of SNEP while reinforcing the collaboration between organisations, members of the syndicate and its staff.

Subjects as diverse as the classification of sales, the problems of record distribution, the follow-up of titles on the radio, database, support of exportation, development of the classical repertoire, legal matters, social questions and, from now on more particularly, the

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questions related to the digital environment of music, are regularly discussed and covered within the framework of these commissions, whereby every one tries hard to put forward each point of view represented within the SNEP, in order to find constructive solutions. This year these work committees were reorganised around 5 principal commissions: legal matters, economic affairs, communication, media, classical repertoire & jazz.

UPFI (UNION OF FRENCH INDEPENDENT PRODUCERS)

The UPFI is a professional syndicate which gathers and represents independent producers and phonographic distributors in France and in French-speaking countries. Its principal activities consist of federating and centralising all actions allowing the French independent production and distribution to develop. The council of administration of the UPFI is composed of 18 organisations.

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