Videogram producer

A videogram producer is the natural or legal person who takes the initiative and bears the responsibility for the first fixation of a sequence of images, with or without sound (Article L. 215-1 of the French Intellectual Property Code). The producer holds a related right that protects the investment in the fixation, with no requirement of originality. This right differs from that of the producer of an audiovisual work, who is a presumed assignee of copyright, whereas the related right vests directly in the producer by virtue of the fixation.

The subject matter of protection

A videogram means any fixation of a sequence of moving images, whether or not it constitutes a work. Surveillance footage, raw footage of a match or a conference, or a corporate video devoid of any creative input benefit from the related right as soon as a person has taken the initiative and borne the responsibility for it. Where the fixation is also an audiovisual work, the two regimes overlap, and the related right dispenses with proof of originality.

Rights and their limits

The producer’s authorisation is required before any reproduction, any making available to the public by sale, exchange or rental, or any communication to the public of the videogram. Unlike the phonogram producer, the videogram producer is not subject to the statutory licence of Article L. 214-1 IPC, so that showing a videogram in a public place or broadcasting it requires the producer’s consent. The exceptions provided for related rights, in particular private copying, quotation and parody, may be relied upon against the producer under the same conditions as against other rightholders.

Term of the right

The videogram producer’s right lasts fifty years from 1 January of the calendar year following the first fixation. If the videogram is communicated to the public during that period, the rights expire fifty years after 1 January of the calendar year following that communication. The extension to seventy years introduced by EU law for phonograms does not apply to videograms.

Litigation and evidence

Exploitation without authorisation constitutes an infringement of related rights, falling within the jurisdiction of the judicial courts and opening the way to the saisie-contrefaçon procedure, to interim measures and to damages. Producer status may be proved by any means, in particular by production contracts, financial commitments and the credits. The related right is a convenient basis against the reuse of excerpts of footage, since it is sufficient to establish the initiative and the responsibility for the fixation.

Key points

The videogram producer holds a related right over any fixation of sequences of images for which it has taken the initiative and borne the responsibility, with no condition of originality. It authorises reproduction, distribution and communication to the public, without being subject to the statutory licence applicable to phonograms. The term is fifty years from the fixation or from communication to the public. Where excerpts are reused, rely on this related right in addition to copyright and keep the production records.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats is a patent litigation firm. Matters outside that field, such as trade marks, designs, copyright and IT contracts, are handled by practitioners the firm works with regularly, and by the firm itself when they arise in a patent dispute.

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