Diagnosis of the current state
Bruno Racine's report, The author and the act of creationhighlights the challenges facing the unions and professional organisations of artists and authors in France.
- Sector Division : Sector-based rather than professional approach.
- Lack of rules on representativeness : Refusal by the public authorities to organise any rules on representativeness.
Legislative context and regulatory autonomy
Paradoxically, the legislator has been encouraging self-regulation through professional agreements since 2016 in France and 2019 at European level. This French contradiction can be seen in the incomplete and sometimes problematic agreements. Some of these agreements sidestep the question of minimum remuneration by hiding it behind the notion of minimum envelopes to be shared, without providing transparent distribution keys or establishing real minimum remuneration for each of the co-authors who have to share this envelope. In our view, these agreements sometimes even go so far as to recognise practices that are contrary to the law.
Organisational challenges facing trade unions and professional organisations
- Low budgets : Impact on ability to recruit experienced lawyers.
- Dependence on collective management bodies : Possible conflicts of interest.
Expertise of Maître Denis Goulette
Maître Denis GouletteWith his dual expertise in the cultural sector, he offers a balanced view of the issues at stake. His experience working alongside producers and scriptwriters gives him an in-depth understanding of negotiation techniques and the needs of artists.
Our services
Strategic Interest Representation
A complex environment
Navigating the complex landscape of professional interests, influenced by increasing European standards, is a challenge. It involves strategically identifying the issues facing your organisation, with problems requiring resolution at different levels.
Our expertise for the right strategy
Our firm, authorised under thearticle 6.3.4 of the Règlement Intérieur National de la profession d'avocat (RIN), assists you in developing a short, medium and long-term strategy. He will accompany you at key strategic meetings to maximise the chances of achieving your objectives.
Transparency and commitment
If necessary, we can help you bring your organisation into line with the mandatory rules of the directory of interest representatives of the Haute Autorité pour la Transparence de la Vie Publique (HATVP).
Fees
The fees for this service are clearly defined in an agreement, separate from any other service.
ContactLegal Advice Service for Members
Personalised legal support
We can suggest that you set up a regular legal service for your members. This gives them the opportunity to discuss their legal problems with a lawyer, with the fees paid by your organisation.
Clear objectives for members and the organisation
- Members understanding the legality of situations and exploring options, from drafting a letter to taking legal action.
- Organisation Identifying issues with a wider impact, assessing whether legal action should be taken to support them.
From advice to in-depth legal assistance
Our service includes a preliminary study of the documents and a discussion session. For cases requiring in-depth assistance, a formal client relationship can be envisaged with the member concerned, at a negotiated preferential rate.
ContactOptimising Governance
Based on his experience as a trade union leader, Denis Goulette identifies your organisational challenges and proposes an approach inspired by corporate anthropology.
Our firm will guide your organisation through the process of changing its articles of association, with the aim of improving volunteer involvement, optimising efficiency and overcoming obstacles specific to your structure.
ContactLitigation and development of the profession's case law
Acting strategically to influence profound change
Your organisation, as a trade union or professional organisation, can take legal action to change practices and influence legislation. Identify strategic areas of case law to strengthen the rights of performers and authors.
Impacting court rulings
Our firm can help you target significant legal action, for example, reminding you of the ban on acceptance deadlines, defending directors' right to a final cut, arguing for a similar right for scriptwriters, etc.
ContactContinuing and Professional Training
Fees
Lawyers' fees are not regulated.
It is therefore up to the lawyer and his client to agree on the amount of the fees, based 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 subject to a flat rate or a ceiling.
In the event of legal disputes, and if the case lends itself to it, we may consider fixing a proportion of the fees according to the outcome, for example on the amount of compensation obtained, or conversely on the difference between the amount of damages initially demanded by your adversary and those obtained thanks to the assistance of our firm.
A fee agreement is proposed prior to any service. 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.
Costs related to the case (transport, photocopies) are recovered in addition to the fees.
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