{"id":62,"date":"2023-10-10T09:16:49","date_gmt":"2023-10-10T07:16:49","guid":{"rendered":"https:\/\/avocat-dg.com\/?page_id=62"},"modified":"2024-10-11T12:22:46","modified_gmt":"2024-10-11T10:22:46","slug":"offre-de-service-artistes-et-auteurs","status":"publish","type":"page","link":"https:\/\/avocat-dg.com\/en\/offre-de-service-artistes-et-auteurs\/","title":{"rendered":"Authors &amp; Performers"},"content":{"rendered":"<p>The firm offers you <strong>two possible forms of support <\/strong>according to your needs and aspirations.<\/p>\n\n\n\n<p>Our <strong><a href=\"#mission-generale\">general mission<\/a><\/strong> as a lawyer is to advise and represent you <strong>occasionally<\/strong>We can offer you a range of solutions to meet your needs in an increasingly complex legal environment in the arts sector.<\/p>\n\n\n\n<p>If you're looking for a deeper relationship and closer collaboration, you might be interested in working with us as a<strong><a href=\"#mission-specifique-de-mandataire-dartiste-et-dauteurs\">lawyer representing artists and authors<\/a><\/strong>. This form of support ensures collaboration with <strong>long term<\/strong>We are committed to supporting you at every stage of your artistic career, in addition to our general work as lawyers.<\/p>\n\n\n\n<p>The rest of this page details these two offers.<\/p>\n\n\n\n<\/div> <!-- .ADG23_TEXT_CONTAINER --><div class=\"HM23_CONTENT_BLOCK fond_gris\"><div class=\"HM23_CONTENT_BLOCK_TEXT\"><h2 id=\"mission-generale\">General mission<\/h2><h3>Protecting the Diversity of Your Practices<\/h3>\n<p>As an artist-author or performer, your act of creation, whether it is performed as a <strong>independent<\/strong> (scriptwriters, writers, illustrators, photographers, visual artists, etc.), <strong>employee<\/strong> (actors, musicians) or <strong>mixed<\/strong> (directors, sometimes scriptwriters in workshops, etc.), has an economic value that is often underestimated. You also have the freedom to become <strong>co-producer<\/strong> or <strong>co-publisher<\/strong> to exercise greater control over your creative process, according to your aspirations.<\/p>\n<h3 id=\"retablir-lequilibre-creatif-et-financier\">Restoring Creative and Financial Balance<\/h3>\n<p>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 (<strong>Upstream<\/strong>) to the financial exploitation of your rights (<strong>Downstream<\/strong>). These insufficiently protective contracts for you, combined with <strong>often abused<\/strong>can leave you vulnerable during the creation phase.<\/p>\n<h3 id=\"un-role-complementaire-aux-accords-collectifs-agents-et-organisations-professionnelles\">A complementary role to collective agreements, agents and professional organisations<\/h3>\n<p>Although the number of collective agreements is increasing, they are struggling to <strong>rebalance<\/strong> 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 <strong>conflicts of interest and tensions<\/strong> likely to be involved in the creative sector.<\/p>\n<h3 id=\"notre-expertise\">Our expertise<\/h3>\n<h4 id=\"connaissance-pragmatique-du-secteur-de-la-creation\">Pragmatic knowledge of the creative sector<\/h4>\n<p>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.<\/p>\n<h4 id=\"accompagnement-en-cas-de-conflit\"><strong>Conflict Management<\/strong><\/h4>\n<p>In the event of a dispute or infringement of your rights, we will guide you through the necessary procedures.<\/p>\n<h4 id=\"solutions-amiables-privilegiees\"><strong>Preferred Amicable Solutions<\/strong><\/h4>\n<p>Our initial approach is to find solutions <strong>amicable<\/strong> to avoid the costs and uncertainties associated with legal action. If all else fails, we can represent you in court. <strong>across France<\/strong>to ensure that your rights are respected and protected.<\/p>\n<span class=\"ADG23_CTA ADG23_RENVOI_CONTACT\">Contact<\/span><\/div><\/div><div class=\"ADG23_TEXT_CONTAINER\">\n\n\n<\/div> <!-- .ADG23_TEXT_CONTAINER --><div class=\"HM23_CONTENT_BLOCK fond_blanc\"><div class=\"HM23_CONTENT_BLOCK_TEXT\"><h2 id=\"mission-specifique-de-mandataire-dartiste-et-dauteurs\">Specific mission as agent for artists and authors<\/h2><h3>The added value of the Retained Lawyer<\/h3>\n<h4 id=\"collaboration-long-terme\"><strong>Long-term collaboration<\/strong><\/h4>\n<p>By choosing to work with an attorney-at-law, you are opting for a long-term partnership. We are committed to accompanying you at every stage of your artistic career, using our dedication and professional expertise to offer you personalised support.<\/p>\n<h4 id=\"confidentialite-et-loyaute\"><strong>Confidentiality and loyalty<\/strong><\/h4>\n<p>As an attorney-at-law, we are governed by a code of ethics.<strong> strictly controlled deontology<\/strong> by our Conseil de l'Ordre, guaranteeing in particular <strong>loyalty<\/strong>, <strong>independence<\/strong>, <strong>probity<\/strong>, <strong>courtesy<\/strong> and <strong>confidentiality<\/strong>protecting you from everything<strong> conflict of interest<\/strong>. This approach sets us apart from traditional professionals in the sector.<\/p>\n<h3 id=\"un-accompagnement-global-et-personnalise\">Comprehensive, personalised support<\/h3>\n<p>Our role is not limited to one-off assistance. We offer comprehensive, tailor-made support, adapted to your needs and at every stage of your creative activity. Our commitment is to inform you of the consequences of your actions, suggest alternatives and support you in protecting your interests.<\/p>\n<h3 id=\"un-engagement-intuitu-personae\">An Intuitu Personae Commitment<\/h3>\n<p>Trust and human relationships are at the heart of our mission. We are committed to establishing a close and lasting working relationship based on mutual understanding and respect for your artistic aspirations. We favour a personalised approach, <strong>reflecting the singularity of your career and your work.<\/strong><\/p>\n<h3 id=\"notre-offre-de-services\">Our services<\/h3>\n<p>With an in-depth knowledge of the artistic and cultural environment, we offer a full range of services, including :<\/p>\n<ul>\n<li>Legal support, negotiation and drafting of contracts.<\/li>\n<li>Protecting and promoting your rights.<\/li>\n<li>Defining strategies for your artistic projects.<\/li>\n<li>Legal advice and guidance for your professional development.<\/li>\n<li>Pre-litigation defence of the proper performance of your contracts and your remuneration.<\/li>\n<\/ul>\n<h3 id=\"notre-engagement\">Our commitment<\/h3>\n<p>We are committed to working alongside you, providing precise legal expertise for your artistic activity, and helping you to navigate effectively through the complexities of the various artistic sectors. We are here to support, advise and represent you.<\/p>\n<span class=\"ADG23_CTA ADG23_RENVOI_CONTACT\">Contact<\/span><\/div><\/div><div class=\"ADG23_TEXT_CONTAINER\">\n\n\n<\/div> <!-- .ADG23_TEXT_CONTAINER --><div class=\"HM23_CONTENT_BLOCK fond_gris\"><div class=\"HM23_CONTENT_BLOCK_TEXT\"><h2 id=\"honoraires\">Fees<\/h2><h3>General mission of a lawyer<\/h3>\n<p>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:<\/p>\n<ul>\n<li>the time spent on the case,<\/li>\n<li>research work,<\/li>\n<li>the nature and difficulty of the case,<\/li>\n<li>the importance of the interests involved,<\/li>\n<li>the benefits and results obtained for the customer, as well as the service provided,<\/li>\n<li>the client's financial situation.<\/li>\n<\/ul>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<h3 id=\"mission-particuliere-de-mandataire-dartistes-et-dauteurs\">Special mission as agent for artists and authors<\/h3>\n<p>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.<\/p>\n<p>Following the <a href=\"https:\/\/www.legifrance.gouv.fr\/juri\/id\/JURITEXT000047852438\" target=\"_blank\" rel=\"noopener\">Court of Cassation of 6 July 2023<\/a> (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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<\/div><\/div><div class=\"ADG23_TEXT_CONTAINER\">","protected":false},"excerpt":{"rendered":"<p>The firm offers two possible forms of support depending on your needs and aspirations. Our general mission as lawyers is to advise and represent you on an ad hoc basis, as and when required, in an increasingly complex legal environment in the artistic sectors. If you are looking for a more in-depth relationship and a more... <a class=\"more-link\" href=\"https:\/\/avocat-dg.com\/en\/offre-de-service-artistes-et-auteurs\/\">Continue reading <span class=\"screen-reader-text\">Authors &amp; Performers<\/span><\/a><\/p>","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-62","page","type-page","status-publish","hentry","entry"],"acf":[],"_links":{"self":[{"href":"https:\/\/avocat-dg.com\/en\/wp-json\/wp\/v2\/pages\/62","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/avocat-dg.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/avocat-dg.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/avocat-dg.com\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/avocat-dg.com\/en\/wp-json\/wp\/v2\/comments?post=62"}],"version-history":[{"count":42,"href":"https:\/\/avocat-dg.com\/en\/wp-json\/wp\/v2\/pages\/62\/revisions"}],"predecessor-version":[{"id":588,"href":"https:\/\/avocat-dg.com\/en\/wp-json\/wp\/v2\/pages\/62\/revisions\/588"}],"wp:attachment":[{"href":"https:\/\/avocat-dg.com\/en\/wp-json\/wp\/v2\/media?parent=62"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}