France

[FR] Court of Appeal annuls proportional remuneration for video cassette authors

IRIS 1996-1:1/13

Théo Hassler

Lawyer, Strasbourg

In practice, most authors whose works are recorded on video cassettes receive lump-sum remuneration while article L 132-25 CPI provides for proportional remunaration. A decsion by the Paris Court of Appeal (Cour d'Appel) of 13 October 1995 upheld the quashing of this clause. The Court of Appeal went further than the first judges, stating that the royalties should be paid not according to the ex-tax selling price, but must be based on the tax inclusive price.