Authors & Performers

General mission

Protecting the Diversity of Your Practices

As an artist-author or performer, your act of creation, whether it is performed as a independent (scriptwriters, writers, illustrators, photographers, visual artists, etc.), employee (actors, musicians) or mixed (directors, sometimes scriptwriters in workshops, etc.), has an economic value that is often underestimated. You also have the freedom to become co-producer or co-publisher to exercise greater control over your creative process, according to your aspirations.

Restoring Creative and Financial Balance

Producers and publishers, in their quest to maximise their financial assets, tend to draft complex transfer of rights clauses, unbalancing the creative and artistic process (Upstream) to the financial exploitation of your rights (Downstream). These insufficiently protective contracts for you, combined with often abusedcan leave you vulnerable during the creation phase.

A complementary role to collective agreements, agents and professional organisations

Although the number of collective agreements is increasing, they are struggling to rebalance the conditions under which you set up your business and sometimes legitimise practices that are contrary to the law. Belonging to a professional organisation or having an agent does not always guarantee appropriate advice, given the frequent conflicts of interest and tensions likely to be involved in the creative sector.

Our expertise

Pragmatic knowledge of the creative sector

Our experience means we understand the dynamics of the sector and the intricacies of contracts. Our aim is to advise you effectively by identifying problematic clauses, preventing common pitfalls, and understanding current trends. We help you understand production and operating accounts, identifying potential fraud to best protect your interests.

Conflict Management

In the event of a dispute or infringement of your rights, we will guide you through the necessary procedures.

Preferred Amicable Solutions

Our initial approach is to find solutions amicable to avoid the costs and uncertainties associated with legal action. If all else fails, we can represent you in court. across Franceto ensure that your rights are respected and protected.

Fees

General mission of a lawyer

Lawyers' fees are not regulated. It is therefore up to the lawyer and his client to agree on the amount of the fees, depending on each of the following elements:

• the time spent on the case,
• research work,
• the nature and difficulty of the case,
• the importance of the interests involved,
• the benefits and results obtained for the customer, as well as the service provided,
• the client's financial situation.

In principle, these elements are used to define an hourly rate, which serves as the basis for calculating fees according to the time spent on the case.

For cases that are not too complex, and for which we can reasonably anticipate the time involved, the fees may be fixed or capped. In the event of legal disputes, and if the case lends itself to it, we may consider fixing a proportion of the fees based on the outcome, for example on the amount of compensation obtained by the client, or conversely on the difference between the amount of damages initially demanded by the client's adversary and those obtained thanks to our assistance.

A fee agreement is proposed before any service is provided. It systematically provides for a deposit to be paid at the time of agreement. It sets out the amount of fees to be paid, excluding VAT and including VAT. Expenses related to the case (transport, photocopies) are recovered in addition to the fees.

Special mission as agent for artists and authors

As with fees relating to a lawyer's general work, fees for artists' and authors' representatives are not regulated. It is therefore up to the lawyer and his client to agree on the amount of the fees.

Following the Court of Cassation of 6 July 2023 (no. 21-21.768), it is no longer permissible for artists' and authors' agents to be remunerated solely on the basis of the success of their work, as is the case with traditional literary and artistic agents, who are remunerated solely on the basis of a percentage of 10% of the contracts actually concluded. Although remuneration based on results remains possible, it must be supplemented by a diligence fee.

The breakdown between fees for work performed and fees for results will depend on the complexity of the environment (particularly contracts) in which the artist operates and his reputation, taking into account the risk weighing on the lawyer's remuneration. The corresponding fees will therefore be invoiced in the form of fees. The corresponding remuneration will therefore be invoiced in the form of fees, and the agreement signed will state the amounts to be paid, excluding VAT and including VAT.

This flexible approach is designed to ensure fair remuneration for the attorney-at-law, while taking into account the specific characteristics and challenges of each artist or author.