Section 3: Contracts between a performer and a phonogram producer

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Article L212-11

French Intellectual Property CodeIn force

Updated 8 Nov 2023

The transfer of the performer's rights mentioned in this code is subject to the condition that each of the rights transferred is the subject of a separate mention in the contract concluded with the phonogram producer and that the field of exploitation of these rights is delimited as to its extent and destination, as to the place and as to the duration.
Any clause which tends to confer the right to exploit the performer's performance in a form which cannot be foreseen or which has not been foreseen at the date of signature is express and stipulates, for the benefit of performers whose contracts provide for the direct payment by the producer of remuneration proportional to the revenue from exploitation, a correlative participation in the said revenue.
When a performer assigns to a phonogram producer a claim on the remuneration from future exploitations of his performance in return for an advance granted by the latter, this assignment may not relate to the remuneration mentioned in articles L. 214-1 and L. 311-1. Any clause to the contrary is null and void.
The assignment to the phonogram producer of performer's rights other than those mentioned in this code is subject to the condition that each of the rights assigned is expressly mentioned separately in the contract.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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