Phonogram Production - In music, anything is possible, if you respect authors' rights.

Producing a record, reproducing a work (or an extract) and put it onto an album, adapt, arrange, remix a piece, publish a compilation … In music, everything is possible, under proviso of respect of the conditions.

Basically, before producing a CD, it is always necessary to ask the creator’s authorization to use his /her work.

The creator can also entrust third parties with the management, as the case may be, to SACEM (Society of Authors, Composers and Publishers of Music, the SACD (Society of Dramatic Authors and Composers) or the SCAM (Civil Society of Multimedia Authors).

The license is issued by a fourth society, the SDRM (Society for the Administration of Mechanical Reproduction Rights), designated by the other three to process applications and to perceive the rights or royalties, corresponding to these requests. Find below the procedure explained, step by step.

A CD is:

• The reproduction of a work onto a physical medium.
• SDRM licenses the mechanical reproduction of works from the repertoires it manages (SACEM, SACD, SCAM), sets the conditions for such licensing and collects & distributes the corresponding royalties.

The mission of the National Audiovisual Centre is to assure the protection of the national audiovisual heritage through legal deposit of audiovisual documents, films, audio produced in Luxembourg, given to a public whatever may be their technical process of production, publishing or distribution, in accordance with the law of June 25th, 2004 on the reorganization of the cultural institutes of the State and the grand ducal regulation of November 6th, 2009 pertaining to the registration of the legal deposit.

For further information, please visit :

http://www.cna.public.lu/fr/audio/depot-audio/index.html

The authorization allows the producer to :

• Record, in their original form, of works from the repertoires SDRM manages ;
• Share, from a matrix or a mastering, a number of registered copies, and to broadcast these copies under its name, to the public

The main steps of applying:

• Notification containing the list of the works to the Sdrm
• Verification of that list by the Sdrm
• Payment
• Issuing the authorization

General provisions (SDRM)

Fill in our online licence request form. 

An application for authorization Sdrm is a contract. The information indicated engages the producer’s responsibility. An incomplete authorization request cannot be taken into account and will be returned to the sender, which will further delay the process.

The document should include :

• Name and/or company name and address ;
• Contact details of the manufacturer and/or principal ;
• Contact details of the distributor, if the record is distributed by a third party;
• Album title
• A reference or catalogue number, assigned by the distributor ;
• Name of the principal interpreter, or the band;
• Media type (CD, cassette,…) ;
• In case of a CD box containing multiple CDs, it is important to fill out an authorization request for each one of them (CD 1 or A, 2 or B...) mentioning on each the title of the CD box;

Last but not least:

• The titles of the works to be reproduced, names and surnames of the authors, composers, arranger and adapters (a band should state the names and surnames of every single member);
• The duration of each works, indicating if it’s an excerpt or not

Special case :

In cases in which the works are represented neither by Sacem, nor by Sacd or by Scam, the form is sent back with, either the mention "Public domain" (DP), or with the mention "Owner at present unknown" (PAI) and therefore does not ask any fee.

The producer receives one of the copies of the form, with the following reference " bon pour autorisation", accompanied by the right to print the logo of the Sdrm on the phonogram.You will receive confirmation of your licence by e-mail as soon as SDRM has received your payment. Subsequently, you will receive a paid debit note, in lieu of an invoice.

Learn more about the feed for the production of a record

Disc production pricing (OPO)

The required statements that need to be on the phonograms are specified in paragraph 5 " general provisions " appearing on the back of the SDRM authorization request form.

Apart from the producers own legal mentions, the following information may appear on the record:

• The SDRM logo "facsimile", if all or part of the works registered works belongs to its repertoire
• The complete titles of all the works reproduced.
• The name of the composer, author, adapter of the text, arranger of the music (if the adaptation and/or arrangement is authorized).
• The indication: "Tout droit du producteur phonographique et du propriétaire de l'oeuvre enregistrée réservés. Sauf autorisation, la duplication, la location, le prêt, l'utilisation de ce disque (cette cassette) pour exécution publique et radiodiffusion sont interdits".
• The indication: "Interdit à la vente", if the phonogram  is distributed free of charge.
• The reference or catalogue number : numerical or alphanumeric identification number you assign to the phonogram and which must appear on the sleeve or the record. It must be the same as the one the authorisation application for SDRM.

This information represents the licence regime of a “work by work” production. SDRM offers different contracts, depending on the situation. 

Any questions? Contact us.

SDRM represents the repertoires of the 3 following societies:

• Sacem
• Sacd
• Scam

SACEM is a non-profit non-trading entity owned and managed by its members according to the business model of a cooperative.

To guarantee authors’ intellectual property rights over their works, SACEM collects and distributes royalties, thereby playing a crucial economic role to preserve musical creation.

The SACD’s missions and values

On behalf of and for authors, the SACD defends their rights and their liberties. It provides authors with support and assists them throughout their careers.

The SACD works alongside artists for the defense of human and democratic values:

• Freedom: This is the founding component of the creative act.
• Solidarity: The SACD reflects the solidarity of artists, united in their battles, their challenges and their fight to ensure access to culture for all.
• Diversity: Our wealth comes from our diversity. Fighting against discrimination and for the acceptance of others is in an artist’s DNA.
• Proximity: The SACD is committed to respecting authors’ values and being reactive and transparent. It listens attentively to authors’ problems and concerns in order to provide support and solutions.

La Scam comprises directors, authors of interviews and commentaries, writers, translators, journalists, video makers, photographers and illustrators. These creators form the documentary wealth of the audiovisual, radio and new media sectors. La Scam represents them in dealings with the lawmaker, producers and broadcasters. It negotiates their economic rights, collects and distributes their royalties, asserts their moral rights and defends their future interests.