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France: YouTube, Universal and SACEM enter into a new agreement

Brad-Spitz“This agreement covers all types of videos broadcasted by YouTube.”

The French collecting society SACEM, which manages the rights of authors and publishers of musical works, announced, on 3 April 2013, that it has entered into a new agreement with YouTube and Universal Music Publishing International (UMPI). This agreement defines the conditions of use of SACEM’s repertoire and UMPI’s Anglo-American repertoire in videos broadcasted by YouTube in 127 countries across Europe, the Middle East, Africa and Asia. The deal, however, does not include the United States. This agreement, which commences on 1 January 2013, covers all types of videos broadcasted by YouTube, including user-generated content.

In its public announcement, SACEM explained that “This agreement enables greater transparency, due to better coordination in the exchange of data, while ensuring a fair remuneration of the right holders who are entitled to a share of the revenues generated by the platform”. However, the rights of authors and composers of Universal Music Publishing who are members of other European collecting societies remain subject to the agreements entered into between YouTube and the relevant collecting societies.

SACEM explains that the agreement was entered into as part of DEAL (Direct European Administration and Licensing), a joint initiative of SACEM and UMPI for the creation of an entity to deliver multi-territorial licenses for all types of online media.

SACEM has already entered into over 200 agreements for the collection of fees for the broadcasting of music on the internet. These agreements cover a wide range of internet business models, such as downloading, subscriptions for unlimited streaming and free online streaming. The following Internet players have entered into such agreements: Deezer, Spotify, iTunes, Qobuz, Wat, Beezik, Omnifone, Idol, Believe, Nokia, Orange, Yahoo, SFR, etc.

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