Yes, you’ll have to pay a tax to Sacem for funeral music | EUROtoday

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LJustice has dominated, and its determination didn’t fail to arouse outraged reactions. As reported The InformedQuoted by The Parisianshe dominated in favor of the Society of Authors, Composers and Music Publishers (Sacem) to gather royalties for the published of music throughout burial ceremonies.

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Since 2019, General Funeral Directors (PFG) have now not paid beneficiaries. The Management and Financing Omnium (OGF), proprietor of the PFG, justified this selection by the drastic improve within the quantities requested by Sacem, from 1.93 to three.30 euros excluding tax per ceremony (+72%). She additional argued that the funeral came about in a personal setting.

READ ALSO What authorized standing for works generated by synthetic intelligence?OGF subsequently took authorized motion, contemplating that these broadcasts couldn’t be topic to copyright. But the Paris courtroom rendered a call in opposition to it: “The broadcast by the company OGF of musical works during funerals, without prior authorization (…), constitutes an unauthorized representation of these works and, therefore, an infringement of copyright,” the judges indicated of their determination dated January 31.

80,000 euros to Sacem

The burial large should subsequently “repay 70,000 euros to Sacem and 36,500 euros to the Society for the Collection of Fair Remuneration (Spré), and pay 10,000 euros in damages to each of them.

On social networks, the news caused, among other things, consternation. But according to lawyer specializing in intellectual property and digital law Pierre Pérot, interviewed by The Parisian, the decision is justified. “Here we are in a case of public broadcasting of music by a company as part of a lucrative activity. We can therefore consider that the broadcasting of music is part of the service offered by OGF,” he explains.

READ ALSO Sacem calls for copyright from seasonal rental homeownersAccording to Sacem, “author rights amount to less than 2 euros for a ceremony billed on average at 5,000 euros”. It remains to be doable, for funeral administrators, to “broadcast royalty-free music or to have their own music composed”, remembers M.e Pierre Pérot.