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A
Administration expenses

(See: Statutory deduction at source)


Admittance

Any author, rights holder or publisher that wishes to become an Associate of SOFIA must:
1)    formally agree to abide by the Articles of Association of the Society and provide appropriate documentation certifying his identity and status,
2)    purchase a share to the value of €38,
3)    submit the lists of works and documents required to substantiate his application.
The Board of Management alone is empowered to rule on the admissibility of applications for membership submitted to it. It will formally announce the acceptance or rejection of an application.
 
(See also: Membership, Associate, Notification of new work, Resignation, Categories of SOFIA Associate authors, Member of SOFIA)
 


AGESSA

A regime for enhancing social protection of authors was introduced by legislation dated 31 December 1975 (articles L.382-1 et seq. and R.382-1 et seq. of the Social Security Code). The Association pour la Gestion de la Sécurité Sociale des Auteurs (AGESSA) was instituted in 1977 to collect and manage social security contributions from published authors.
 
AGESSA has legal competence in respect of activities associated with creativity in the literary, dramatic, musical, choreographic, audiovisual and photographic fields, while the Maison des Artistes manages the branch concerning graphic and plastic arts. Article R.382-2 of the social security code details categories of works relating in particular to classes of writers (book authors, writers of brochures and other written works in the literary and scientific fields, authors of translations and adaptations, illustrations of written works, authors of dramatic works, freelance software authors).   

AGESSA does not usually deal with authors whose works are not sold within the traditional publishing system. Publishers of works destined for the internal or external communication purposes of companies or institutions are those most often excluded from this regime. Graphic designers or illustrators of graphic novels or books are usually affiliated to AGESSA when their work is distributed via traditional publication channels. They come under the Maison des Artistes when their works are marketed using procedures that are more akin to the art market.
   
(See also: Statement of rights or summary of rights, Payment, Deductions at source)


Associate - status and rights

The status of Associate is attributed by the Board of Management to candidates wishing to subscribe to a share in SOFIA that meet the conditions for membership of the society.
As Associates of a non-trading company for the collection and distribution of rights, they are entitled to obtain accounting and social information relating to the activity of the society. This right is governed by intellectual property legislation contained in articles L. 321-5 and R. 321-2 et seq., provisions that have been incorporated in article 24 of the Articles of Association of SOFIA.
 
(See also: Membership, Admission, Transfer of management responsibility, Information and Monitoring Committee, Notification of new work, Resignation, Associates: Right to Information, Categories of SOFIA Associate authors, Member of SOFIA)


Associates: right to information

In joint application of article L.321-5 of the Intellectual Property Code and of article 1855 of the civil code, Associates have the right, once a year, to obtain information about books and social documents, in accordance with the conditions of articles R. 321-6 and R. 321-6-1 of the Intellectual Property Code, and to ask questions relating to social management, which must be answered in writing within one month. However, an Associate cannot obtain information concerning the amount of money distributed individually to any rights holder other than himself.

 (See also: Associate, Information and Monitoring Committee)



B
Book Pricing

Law n°81-766 dated 10 August 1981 (the LANG Law) relating to book pricing states that "any legal entity or individual who publishes or imports books is required to fix a retail price for those books he/she publishes or imports".

C
Case of Overseas Territories (TOM) and Mayotte

In article L 811-1 of the Intellectual Property Code, it is explicitly stated that articles L.133-1 to L133-4 and L.335-4 of the said code do not apply to Mayotte or to the TOM: French Polynesia, the Wallis and Futuna Islands, French Australian and Antarctic Territories and New Caledonia. As a result, remuneration under library PLR must not be collected by the bookshop for books purchased by libraries or lending organisations within these territories. Remember that the provisions of the law dated 10 August 1981 relating to book prices do not apply within these territories.

However, since the organic law dated 21 February 2007 that approved the award of Department status to Mayotte with effect from 1 January 2008, PLR legislation should be applicable in Mayotte, as in the DOMs. Further details are awaited from the public authorities on this matter.

Catalogue

List of works that have been signed over by its Associates to a society for the collection and distribution of rights; this society represents the said Associate in respect of the rights detailed in the society's objectives. The SOFIA catalogue thus consists of works published in book form across all genres: literature, science and technology, scholastic works, theatre, illustrated books, graphic novels, books of photographs, etc. 
 
(See also: Transfer of management responsibility, Literary works, Collaborative works)

Categories of SOFIA Associate authors

Associate authors are categorised into three grades:
- student,
- member,
- shareholder.
Common arrangements relating to Associate categories and conditions applying to access to the various grades are defined in the General Regulations. Founder members are ex-officio granted shareholder status.
Student Category
Be the author of one or two works published in print at the expense of a publisher.
Member Category
Be the author of between three and five works published in print at the expense of a publisher.
Share Holder Category
Be the author of at least six works published in print form at the expense of a publisher.
An upgrade can be obtained by submitting an up-to-date list of published works for inclusion in the SOFIA catalogue. 
 
(See also: Associate, Heir, Member of SOFIA)

Change of address

Any change of address must be notified to SOFIA Administration by letter or email to avoid any delay in payment.

Collaborative works

A collaborative work is one to which two or more persons have contributed. Graphic novels (comic strips) are often produced by an author/scriptwriter, a draftsman and perhaps a colourist. They have a legal status as they are the joint property of their co-authors. The exercise of their rights must be undertaken jointly as they are indivisible.
All co-authors of a book must therefore join SOFIA if they wish to assign to it the management of payments for PLR or rights to private reproduction. Otherwise, they will receive their share of the remuneration from their publisher who will calculate this on the basis of the sharing arrangements provided for in the publishing contract in respect of derived rights.
 
(See also: Transfer of management responsibility, Literary works, Catalogue)

Collection

The operation of accruing at source the sums due to rights holders, undertaken by a Society for the collection and distribution of rights (SPRD).
In respect of PLR, SOFIA receives annually two payments:
-    one corresponding to the contribution from the government;
-    the other from suppliers/book sellers arising from the 6% levy on the pre-tax retail price of books sold to lending libraries.
For private digital reproduction, SOFIA receives sums from SORECOP (Société de perception de la rémunération pour la copie privée sonore) and from Copie France. In respect of remuneration for private reproduction of images, these sums are paid out by a holding company, SORIMAGE.
 
(See also: Distribution)

Collective management

All operations undertaken by civil companies termed "Societies for the collection and distribution of rights" ("SPRD"), tasked with the monitoring and payment of rights due to authors, publishers, artistic interpreters and producers for the exploitation of their works. These societies are made up of authors or rights holders usually grouped within these societies as a function of the repertoire being managed.
The following societies are concerned with authors or publishers: SACEM for music, SACD for cinema, television, theatre, opera and dance, SCAM for television, radiophonic or written documentary works, SOFIA for lending and private reproduction of books, CFC for photo-reproduction for the press, still images and books, ADAGP or SAIF for graphical and plastic arts, photography and applied arts, SEAM for the copying of musical scores and SCELF for the assignment of rights for audiovisual or theatrical adaptation.
 
(See also: Mandatory collective management)

Consultative Committees under the SOFIA Articles of Association

Under article 23 of the SOFIA Articles of Association, the Board of Management may create Consultative Committees. It will determine their objectives, composition and duration and will appoint members. Such Committees must consist of equal numbers of authors and publishers selected from amongst Associates. They are as far as possible to reflect the categories of works and publishing sectors affected by the rights to be distributed. These Committees are to report their findings relating to processes and conditions for the distribution of sums collected by the Society, in accordance with the legislation. Under no circumstances can they interfere with the administration of the Society. The task of the Committees is to study matters referred to them by the Management Committee and to formulate appropriate solutions. Their suggestions will be submitted to the Management Committee which may approve, reject or modify them.

Resolutions by the Management Committee relating to distribution rules are to be notified to the Minister for Culture at least two months prior to their scrutiny by the General Assembly.

D
Deductions at source

These are the subscriptions and social security contributions paid on behalf of the author at the time of the payment of his/her authors' rights.
These payments are mandatory in respect of any payment of authors' rights. They include the following deductions:
-  Social security contributions: 0.85 % of gross pre-tax income
-  C.S.G. (supplementary social security contributions): 7.50 % on 97 % of gross pre-tax income
-  C.R.D.S. (social security surcharge): 0.50 % on 97 % of gross pre-tax income.
SOFIA applies these deductions at source to those rights payments it makes to authors and pays these sums to AGESSA. 
 
(See also: AGESSA)

Derived or Associated Rights

Derived or associated rights relate jointly to all rights arising from adaptations of a work, its translation or its exploitation on media or in formats other than that of its first publication. 
 
(See also: Rights to audiovisual adaptation, Patrimonial rights or author's exclusive rights)

Digital Rights Management (DRM)

IT measures implemented by rights holders to manage authors' rights and ensure control over the use of the work when the latter is publicly distributed in digital form.
 
(See also: Technical protection measures (TPM))

Discounted books - PLR

Remaindering - resulting in the termination of the commercial exploitation of the book and, consequently, the termination of the publication contract - places the books outside the application of the law relating to remuneration in respect of public lending. Thus, any remaindered works are exempt from notification. Although they are not listed as exempt in the "fichier exhaustive du livre" (FEL - comprehensive book index), they appear with the statement that their marketing has been terminated. This entry is sufficient.
Apart from the above case, "ex-display" or "shop-soiled" works or those subject to "discounting" where prices lower than the retail price are charged, are not marketed in accordance with the requirements of law dated 10 August 1981. Consequently, they are considered, in PLR terms, as new books fully subject to the levy calculated on their pre-tax retail price. In fact, their marketing continues normally, and no specific entry is made in the list of available books.
However the "Lang law" provides, at article 5, for an exception that exempts retailers from applying the fixed price regime to books published or imported more than two years previously and where the last delivery was more than six months ago. Nevertheless, these books are still subject to a levy calculated on the pre-tax retail price, and the retailer therefore needs to take care to calculate his/her discount taking due account of any payment he/she may have to make to SOFIA.
 
(See also: PLR in public libraries, Old and Second-hand Books, Foreign books, Remuneration in respect of lending from libraries)

Distribution

Operation by means of which the collecting societies redistribute to rights holders the sums that have been collected in respect of the exploitation of the work. All works are not remunerated in the same way. The basis for the distribution is established within the societies of authors by category of rights or of type of work.
 
(See also: Statement of rights or summary of rights, Consultative Committees under SOFIA Articles of Association, Sums not distributed)

DOM-TOM - Applicability of PLR

Application of PLR in overseas departments (DOM)
Provisions relating to PLR apply in the overseas departments (Martinique, Reunion, Guiana and Guadeloupe).
Under the law dated 10 August 1981, the text of the decree dated 5 January 1983 introduced the principle of surcharge coefficients on book prices in the DOM to take account of the constraints due to the distances involved; a recent amendment to article 10 of law n° 81-766 dated 10 August 1981 relating to book pricing, now aligns prices for school books in the DOM with those in mainland France, so that the surcharge coefficient of 1.15 for all DOM now only applies to non-school books.

Duplication
Duplication or photo-reproduction rights were introduced in 1995 under articles L.122-10 of the Intellectual Property Code, which states that the publication of a work infers the transfer of the right to reproduce by duplication to a society approved by the Minister for Culture. The management of this right has thus been assigned, since 1996, to the Centre Français d'exploitation du droit de Copie (CFC), a society that brings together book publishers and the press, authors and the societies that represent them, including SOFIA (see also the CFC internet site).
  
(See also: Undocumented sums)

E
Electronic Data Interchange (EDI)

Returns from book sellers relating to libraries and their acquisitions for lending are digitally submitted to SOFIA in accordance with a protocol. This information is also exchanged computer-to-computer, which simplifies management processing for the book seller and SOFIA. The EDI uses standardised networks and formats set up by SOFIA on the Dilicom platform that manages the book-publishing network in France. For any information relating to the automatic data processing of returns, contact SOFIA on "Freephone" number (in France) 0810 034 034 after having referred to its IT service provider (SSII).

F
Foreign books - PLR

In the context of PLR, all books, including foreign books, sold to a lending library are subject to the levy of 6% on their retail pre-tax price, including foreign books. However, for sales invoiced up to 31 December 2006, this levy has been subject to a moratorium aimed at consolidating equality of application of competition rules between French and foreign suppliers of foreign books.

(See also: PLR in public libraries, Old and Second-hand Books, Discounted books, Remuneration in respect of lending from libraries)

H
Heir

Heirs and/or legatees of authors may join SOFIA.
To comply with these Articles of Association, any heir or legatee of an author must provide evidence of their status in accordance with conditions determined by the Board of Management.
On the death of an Associate, any person(s) inheriting under the Associate's testamentary arrangements will receive his/her share, jointly if applicable. The written proof that such person(s) must provide does not therefore amount to an application for membership, but must contain all documents required to establish their status as inheritor(s) such as a grant of probate or devolution of estate.
When an author leaves his/her estate to several heirs or legatees, the latter are required to designate a single representative and to give him/her full powers to represent their interests to the Society and, more generally, to exercise the prerogatives attached to the status of author.  
If exceptional circumstances prevent the appointment of a single representative, the Board of Management will take appropriate action.
The category of the heirs or legatees will be that of the author at the time of his/her death, in respect of the rights to be received, subject to the provisions of article 27.2 or the Articles of Association in respect of voting rights. 

 
(See also: Associate, Public Domain - Duration of protection for authors' rights, Categories of SOFIA Associate authors, Member of SOFIA)

I
Information and Monitoring Committee

Under the terms of article R.321-6-3 of the Intellectual Property Code, reflected in article 25 of the SOFIA Articles of Association, Associates who are refused access to information concerning the administration of the Society have the right to appeal to the "Information and Monitoring Committee". The role of this body is to issue a reasoned judgement within thirty days of the appeal by the Associate and to notify the management of the Society. The Committee will report annually on its activity to the General Assembly. Its report is communicated to the Minister for Culture and to the Standing Account Audit Committee set up under article L.321-13 of the Intellectual Property Code.
 
(See also: Associate, Associates: right to information)

Infringement

Infringement is the term applied to any act that adversely affects authors' rights. It is subject to legal sanction under the Intellectual Property Code in accordance with articles L.335-2 et seq. :
"Any written publication, musical composition, drawing, painting or any other production, which is printed or engraved in whole or in part in contravention of the laws and regulations relating to copyright, is an infringement; any infringement is an offence".
"Any infringement in France of works published in France or abroad is punishable by three years imprisonment and a fine of €300,000" (law n° 2004-204 dated 9 March 2004, art. 34, I).
Failure to pay the levy of 6% of the retail pre-tax price of each book sold to a lending library is punishable by the same fine and also constitutes infringement (art. L. 335-4 of the Intellectual Property Code).

Interoperability

Interoperability is the ability of a computer product or system to operate with other products. Article L.331-5 of the Intellectual Property Code states that Technical Protection Measures (TPM) "must not have the effect of preventing the effective implementation of interoperability, and respect copyright". It is the "Autorité de Régulation des Mesures Techniques" that is responsible for ensuring that TPM rights holders deliver the information that is essential to ensure this interoperability.

Invoicing

(See also: Payment)

IRCEC

The new system for supplementary pension introduced by the law dated 18 June 2003 relating to the lending of books from libraries is managed by the "Institution de Retraite Complémentaire de l'Enseignement et de la Création" (IRCEC). This institution is a supplementary pension fund that, since January 2004, has covered all those benefiting from authors' rights. IRCEC, 21 rue de Berri, 75403 Paris cedex 08 - email: correspondance@ircec-berri.org    
 
(See also: Supplementary pension for writers and translators)

L
Legal licence

The right to use or prevent the use of a work is, in principle, the prerogative of the author or rights holders. However, in the context of a legal licence, this authorisation is given by the law that, in exchange, confers on the author a right to remuneration.
In respect of author's rights (copyright), the PLR payments system arises from the legal licence. Article L. 133-1 states that, where the work has been the subject of a publishing contract in the form of a book, the author cannot contest the loan of this published work by a lending library. In exchange, the loan of the book gives rise to a right to payment, a right that authors cannot renounce, any more than they can transfer it to their publishers. The law states that this remuneration is to be shared equally between the author and his/her publisher.
 
(See also: Mandatory collective management, Remuneration for Private Reproduction, Remuneration in respect of lending from libraries)

Literary works

The Intellectual Property Code does not define a "published author" as such, but gives a very broad definition of the works that he/she might create. Thus, article L.112-1 protects the rights of authors of all forms of intellectual works, regardless of the genre, mode of expression, merit or destination. The following in particular are considered intellectual works in the publishing context (article L.112-2): books, brochures and other written literary, artistic and scientific works, conferences, speeches, sermons, appeals and other works of similar nature, dramatic or musical theatrical works and more generally scenarios, prefaces, annotations, anthologies, missives, correspondences, bibliographies, etc. The term "Published author" therefore includes all those designers, writers, translators, and illustrators etc. who participate in the creation of a printed work.
 
(See also: Transfer of management responsibility, Collaborative works, Catalogue)
 

M
Mandate (power of attorney)

A mandate is the instrument by means of which an individual assigns to another, the authorised agent or attorney, the power to do something for him/her and in his/her name. In respect of the payment of specific rights other than those contained in the transfer of management responsibility, rights holders may assign to a joint management company the task of receiving on their behalf remuneration in respect of lending from libraries or that corresponding to the book element of private digital reproduction.
 
(See also: Transfer of management responsibility)

Mandatory collective management

Mandatory collective management is different from voluntary collective management. Under a mandatory collective management regime, the law assigns the management of rights to a society that must be approved and this management becomes mandatory for authors or rights holders. The statutory framework of the society and the make-up of its elements are prescribed by law. Similarly, the methods and conditions for the exploitation of rights or the payment of remuneration may be set statutorily or by administrative decree. In principle, it is the Minister for Culture that approves these societies; they are designated as a function of the criteria and conditions imposed by the legislative. Distribution of rights must be made under the same conditions for all authors and rights holders whether or not they are members of an approved society. SOFIA and the CFC are mandatory collective management societies.
 
(See also: Collective management, Legal licence, Remuneration for Private Reproduction, Remuneration in respect of lending from libraries)

Member of SOFIA

As an author or illustrator of books, you may become a member of SOFIA if you hold at least one publishing contract for a work to be published by a publisher.
 
As a publisher, you may become a member of SOFIA by submitting, with your membership application, your catalogue and an example of a publishing contract with one of your published authors.

Authors who publish their works privately or at their own cost cannot be members of SOFIA on this account. 
 
(See also: Membership, Admission, Associate, Change of address, Notification of new work, Categories of SOFIA Associate authors

Membership

Membership represents a contract by means of which the author or rights holder of at least one book designates SOFIA as the agency for collecting and distributing that share of remuneration due in respect of his/her current and future publications; the following rights are included:
-  remuneration for lending from libraries,
-  remuneration for digital copying for private use,
-  rental rights,
- sums originating from the Centre Français d'exploitation du droit de Copie (French Centre for the Management of Reproduction Rights) (CFC). 
 
In addition to the transfer of management responsibility of the above rights, members also acquire a share to the value of €38 (thirty eight euros). This share can be inherited.
 
Membership is subject to approval by the SOFIA Board. It remains valid for the life of the Company. No annual fee is required from SOFIA members.
 
By joining, the member undertakes:
1)    to comply with the Articles of Association and General Regulations which he is to acknowledge to have read and understood; (in particular, associates undertake to provide the Society with all information relating to the works that are the subject of one of the rights subject to management and to notify the relevant SOFIA office of any change of address),
2)    not to conclude any agreement that conflicts with the transfer of rights made to the Society, 
3)    to list, on acceptance of his application, those of his/her works for which he/she may previously have assigned to a third party the exercise of those rights for which he/she is obligated to transfer management responsibility (in so doing, he/she undertakes to enter the said rights in the Society's register once the said rights assigned to a third party have expired).
 
(See also: Admission, Transfer of management responsibility, Associate, Change of address, Notification of new work, Resignation, Categories of SOFIA Associate authors, Member of SOFIA)


Moral rights

Moral rights are attached to the person of the author. The author thus enjoys the right to respect for his/her name, skill and work. This right enables him/her to decide when and how his/her work will be released. The author also has the right to reconsider or withdraw with respect to the assignee those rights that the author has the right to exercise even after publication of his/her work, provided he/she compensates the assignee in advance for any loss such reconsideration or withdrawal might cause him/her. Moral rights are perpetual, inalienable and inviolable. They are transferred on death to the author's heirs. They can also be transferred to a third party under the provisions of a will.
 
(See also: Patrimonial rights or author's exclusive rights)

N
Notification of new work

All Associates of SOFIA must notify details of new works, be they past, present or future, that belong in the Society's catalogue. Details to be notified include the title of the work, the name of the translator, the division of rights between joint authors, the EAN-13 number, the date of first publication and the genre (article 6 of the General Regulations).
A notification form is available on line or on request by letter or telephone.

O
Old and Second-hand Books - PLR

These books do not meet the first criteria of the law dated 18 June 2003 in that they no longer give rise, in their own right, to exploitation that generates authors' rights. They thus fall outside the field of application of the "Lang" law relating to fixed prices for books. They are therefore not subject to remuneration in respect of lending from libraries.
 
(See also: PLR in public libraries, Foreign books, Discounted books, Remuneration in respect of lending from libraries)

P
Patrimonial Rights or Author's Exclusive Rights

Patrimonial rights are one element of authors' rights, the other being those extra-patrimonial rights that are associated with the author himself (See also: Moral rights). Patrimonial rights consist essentially of two major modes of exploitation: rights to reproduction (art. L.122-2 of the Intellectual Property Code) and rights to representation (art. L.122-3 of the Intellectual Property Code). These are exclusive rights to exploitation that can be ceded by the author to his/her publisher against payment of remuneration subject to the conditions and format defined in the Intellectual Property Code at article L.131-3. These rights can be transferred on death to the author's heirs for a period of 70 years following his/her death. After this period, the work enters the public domain.
 
(See also: Public domain - Duration of copyright protection, Rights to audiovisual adaptation, Rights to representation or rights to communication with the public, Rights to reproduction, Rights to graphic reproduction, rights to graphic reproduction, Derived or associated rights, Moral rights).

Payment

The SOFIA Accounting department will settle authors' payments by cheque or bank transfer. The payment statement will include deductions made at source for social security contributions along with a VAT breakdown. In respect of PLR payments, a list will detail the titles covered and the total remuneration due to the Rights holder. If the sums are routed via the publisher, the latter will check correct payment in accordance with the "Publishers' Guide" attached to the payment and a summary of rights including details of deductions at source for social security contributions and the VAT breakdown.
 
(See also: Statement of rights or summary of rights, Sums not distributed, VAT)

PLR in public libraries

Law n°2003-517 dated 18 June 2003 relating to remuneration in respect of lending from public libraries and enhanced social protection for authors, introduced an official licence for PLR payments and set up a mandatory system for collective management. This regime is detailed in articles L.133-1 to L.133-4 of the Intellectual Property Code, in a new chapter III entitled "Remuneration in respect of lending from libraries".
This law authorises the lending of books from libraries, with authors and publishers in return benefiting from a fair remuneration funded by a government contribution fixed by decree and by a levy of 6% of the pre-tax retail price of books sold to a lending library, this sum to be paid by the book seller.
These sums are collected by SOFIA, approved on 7 March 2005 by the Minister for Culture, which then distributes a proportion to the authors and publishers of the books purchased. Out of the total sums collected, a proportion of the rights is equally divided between the author and the publisher and another percentage is set aside to pay part of the contributions due from authors for their supplementary pension. 
Non-payment of the levy by a book seller is punishable as an infringement offence under article L.335-4 of the Intellectual Property Code, with a fine of up to €300,000 and three years imprisonment.
 
(See also: DOM-TOM - Applicability of PLR, IRCEC, Legal licence, Old and second hand books, Foreign books, Discounted books, Remuneration for PLR in libraries, Supplementary pension for writers and translators).

Private reproduction

In France and in certain European countries, the law provides for individuals to make copies strictly for private use, and for this to fall outside the monopoly of the author. Directive 2001/29/CE dated 22 May 2001 on harmonisation of certain aspects of copyright and associated rights in the information society also cites this exception from copyright, providing rights holders receive fair compensation that takes account of the implementation or otherwise of technical measures to protect the work. Reproduction for private use of a work is only allowed in respect of a literary, musical, graphic, plastic or video-graphic work, excluding software.

(See also:  Rights to mechanical reproduction, Interoperability, Technical protection measures, Peer-to-peer, Remuneration for private digital reproduction)

Public Domain - Duration of copyright protection

The European directive dated 29 October 1993 relating to the duration of copyright protection was enacted in France by the law dated 27 March 1997. This law raises the duration of copyright protection to 70 years after death instead of 50 years, which means that works are protected throughout the life of the author and for 70 years after his/her death. If the work is a collaborative one, this duration is calculated from the date of death of the last of the co-authors. Once this period has expired, and subject to respect of perpetual, inalienable and inviolable moral rights, these works fall out of copyright. 
Finally, as an outcome of the First World War that effectively suspended any trade in literary and artistic works between 1914 and 1918, an initial law dated 3 February 1919 extended by six years and 152 days the initial period of 50 years. For the Second World War, the law dated 21 September 1951 made provision for an extension of copyright protection for eight years and 122 days. These extensions corresponded to the periods between the declarations of war and the signature of the armistice.

Nevertheless, and without needing to expand here on the additional extensions granted to authors who died in battle, the list of which was set by decree, it should be noted that the Appeal Court decided that the increased duration of protection under the war extension clause could not exceed 70 years after death.

Public lending library

Libraries that admit the general public and lend works are subject to the lending rights regime. Decree n° 2004-920 dated 31 August 2004 details the relevant categories. These include local and regional authority public reading libraries, libraries in public establishments of a scientific, cultural or professional nature coming under the ministry responsible for higher education (universities and the major establishments, etc.), libraries of works committees, and finally, libraries that cumulatively meet the criteria for giving public access to documentary resources and the allocation for lending of the majority of books purchased and that lend works in a regular and organised manner to users who subscribe individually or collectively, including associative libraries, documentation and information centres in lycées and colleges, etc.
 
(See also: Remuneration in respect of lending from libraries)

Published author

SOFIA welcomes all published authors: writers, illustrators, authors of graphic novels, translators, whose work has been the subject of a publication contract. 
 
(See also: Membership, Admission, Associate, Rights holder, Member of SOFIA)

Publisher

In accordance with article 3 of SOFIA General Regulations, a publisher of books or of digital products cannot be granted membership of the Society until it has provided evidence of the existence and validity of publishing contracts exploited as part of its activity. It will then acquire a share. Those legal entities or physical persons that publish works at the author's expense or are primarily involved in self publishing activities will not be considered as possessing the quality of assignees of works. 

Publishing contract

Under the terms of article L. 132-1 of the Intellectual Property Code, "the publishing contract is the contract whereby the author of an intellectual work or his rights holders, transfers under defined conditions, to an entity termed a publisher, the right to print or to have printed a number of copies of the work, it being the publisher's responsibility to ensure printing and distribution". Contracts where the author is wholly or partially responsible for the costs of publishing (contrat à compte d'auteur, à compte à demi), where reproduction rights are granted or a publisher's advance is paid are not contracts under the terms of the Intellectual Property Code. A publishing contract must comply with the legal formulation defined in articles L.132-1 et seq. of the Intellectual Property Code and include, for the publisher, an obligation to print, advertise and distribute the manuscript that is the subject of the contract.
 
(See also: Published author, Publisher)

Peer-to-peer

Peer-to-peer operation involves the point-to-point transfer of files over a network between internet users. The downloading of files containing literary works by internet users that thus become available to the public or to another user constitutes an infringement to the extent that this exchange is injurious to the rights of the authors who have the right to forbid or authorise such exchanges.
 
(See also: Private Reproduction)

R
Reproduction rights

Reproduction rights relate to the physical creation of a copy or copies of a work using any appropriate process that enable it to be indirectly communicated to the public. This may be achieved by printing, drawing, engraving, photography, moulding and all other graphic and plastic art processes, and mechanical, cinematographic or magnetic recording.
 
(See also: Rights to graphic reproduction, Rights to mechanical reproduction, Patrimonial rights or author's exclusive rights)

Rights to representation or rights to promotion to the public

Representation involves the promotion of the work to the public by any appropriate means. For a book, this may involve in particular a public reading or theatrical staging but also a presentation of the text on the television or computer screen. This promotion of the work may be achieved using any communication channel or process, via computer networks, via the Internet or TV broadcast.

(See also: Patrimonial rights or Author's exclusive rights)

Rights to Graphic Reproduction

The so-called rights to graphic reproduction relate to the impression of a text or image on a graphic support but also on digital media.  
 
(See also: Rights to mechanical reproduction, Patrimonial rights or author's exclusive rights)

Rights to Mechanical Reproduction

Rights to mechanical reproduction relate to the reproduction of the execution of a work on a sound or audiovisual support, such as a phonogram or video recorder.
 
(See also: Rights to graphic reproduction, Patrimonial rights or author's exclusive rights)

Remuneration

"Author's remuneration" refers to any income or revenue he/she receives as a result of the licences or disposals he/she has granted for the exploitation of his/her work. In principle the author's revenue is proportional and must be a percentage of the receipts resulting from exploitation of his/her work. In certain cases for library editions, first editions and with the agreement of the author, this remuneration will consist of a fixed sum.
SOFIA manages a special category of "remuneration", which is determined by law and differs depending on the manner in which the work is commercialised. This is remuneration for the lending to the public from libraries and remuneration for private digital reproduction of books and images. These two income streams come under the legal licence system that waives the exercise of the author's exclusive rights - in other words the author, in either case, cannot prevent either private reproduction or the lending out of his/her work. This authorisation accorded by the law gives rise to the payment of a remuneration that is equally divided between the author and the publisher of the book copied or loaned under conditions laid down in the Intellectual Property Code.
 
(See also: Remuneration for Private Reproduction, Remuneration for Public Lending Rights, Duplication)

Remuneration in respect of lending from libraries

Article L.133-1 of the Intellectual Property Code states that "when a work has been the subject of a publication contract with a view to its publication and distribution in book form, the author cannot prevent the loan of copies of this published work by a library that is open to the public. Such loans give rise to remuneration paid to the author in accordance with the procedures laid down in article L.133-4".
This remuneration is calculated by SOFIA by reference to the number of copies purchased each year by the libraries as reported in their returns and those of their suppliers. It is based on a set scale of payment: the sum involved is the simple product of the amount to be distributed and the total number of copies purchased during the reference period. Thus it does not vary with the price of the book.
Under the law, authors and publishers receive equal shares. When the author's share is paid by the publisher, it cannot be amended, i.e. it cannot under any circumstances be set against the balance of the author's debit account with the publisher. Effectively, this remuneration results from the expropriation by the law of the author's copyright. It thus falls outside of a contractual framework and remains strictly independent from any annual income resulting from the commercial sale of the book. As it cannot be subsumed in the author's account at the publisher, it must appear, where applicable, on a separate line of his/her statement and is due to him/her under all circumstances.
 
(See also: DOM-TOM - Applicability of PLR, PLR in public libraries, IRCEC, Legal licence, Old and second hand books, Foreign books, Discounted books, Supplementary pension for writers and translators)

Remuneration for private reproduction

To compensate for copying carried out for private use by individuals under the appropriate exemption, authors, artist-interpreters and producers of works recorded on video and sound recording media have been entitled to remuneration for private reproduction since the enactment of law n° 85-660 dated 3 July 1985. Law n° 2001-624 dated 17 June 2001 extended this system of remuneration to authors and publishers of works, primarily books, on any other medium in respect of their reproduction on digital media. 
The value of the remuneration is determined by a Committee set up under article L.311-5 of the Intellectual Property Code and consisting of representatives from industry, consumers and rights holders of audio, audiovisual and graphic works (texts, scores and fixed images).
Appointed by the Minister for Culture, SOFIA represents on this committee the rights holders of the written word in order to negotiate the share due to the book publishing and press industries and the value of the remuneration levied by the manufacturers of recording media. This remuneration, once determined by the committee, is collected by SORECOP and Copie France from the manufacturers and importers of the relevant media. Thus CD-Rs, CDs, DVDs, memory cards, USB keys and external hard disks are subject to the payment of a levy, part of which is intended to compensate for private reproduction of the written word. SOFIA has been mandated by the other relevant joint management societies and receives from collecting societies a proportion of the rights collected which, with the agreement of the societies that have assigned it their mandate, it then distributes in equal shares to authors and publishers etc. as a function of the categories of the books copied. With a view to understanding the use made of book copying, surveys have been carried out amongst users to determine the types of book that are most copied. Finally, to take account of the equitable nature of this remuneration, 25% of the total sum collected must be assigned to activities in support of creativity.
 
(See also: Private reproduction, DRM, Interoperability, Technical protection measures, Peer-to-peer)

Resignation

In accordance with article 36 of the SOFIA Articles of Association, any author or publisher who wishes to resign from the Society must inform the Chairman of the Society by registered recorded delivery letter, at least 3 months prior to the end of the current calendar year. Such resignation will take effect on 31 December of the current calendar year. The Society will cease exercising any rights relating to the exploitation of the works of the Associate concerned after the date of effect of the Resignation or exclusion. The resigning Associate will be refunded the value of his share.

(See also: Membership, Admission, Associate)

Rights for audiovisual adaptation

Audiovisual adaptation is protected under the Intellectual Property Code to the same degree as translation, adaptation and arrangement. It is viewed as new creation derived from an existing work that required specific approval from the author. In practical terms we are referring to a derived right.
Approval by the author to adapt his/her novel for the cinema, television, or in the form of a documentary or to a multimedia format must be the subject of an agreement independent from the publishing contract. Signature of the contract for audiovisual adaptation is often requested by the publisher. It is the publisher who will be responsible for seeking and identifying a producer and for negotiating and managing any granting of audiovisual rights. The publisher will also receive, via the SCELF (Société Civile des Publishers de Langue Française), any rights payments received by the SACD or the SCAM in respect of any TV broadcast of the work, its mechanical reproduction or any remuneration for the private reproduction of video recordings.
 
(See also: Derived or associated rights, Patrimonial rights or author's exclusive rights)

Rights Holder

Individual or corporate entity entitled to rights within or outside the estate of the author. The Rights Holder becomes the holder of the copyright by transfer or inheritance. Publishers or heirs of the author are rights holders.
 
(See also: Membership, Associate, Published authors, Member of SOFIA)

S
Sharing of rights

Remuneration due in respect of both PLR and private digital reproduction must by law be shared equally between the author and the publisher. This rule is laid down in the Intellectual Property Code in respect of both PLR (article L.133-4) and private digital reproduction (article L.311-7, line 3).
For remuneration paid in respect of lending from libraries for financial years 2003-2004 and 2005, the share due to several co-authors is subject to the contractual sharing of derived rights as negotiated by the authors in their publishing contract, with translated works seeing this share reduced by half, the other half being due to the translator(s). These rules were adopted by the General Assembly of SOFIA on 26 April 2007.

Society member

(See: Associate, Categories of SOFIA Associate Authors, Member of SOFIA)

Social Security for authors

(See: AGESSA)

Societies for the collection and distribution of rights

(See: Collective management)

Statement of rights or summary of rights

Details of all payments made by SOFIA are presented in the form of a statement of rights prepared by SOFIA in respect of the payment of remunerations due under public lending rights (PLR) or the private digital reproduction of the author's works, and including royalties in respect of un-documented sums arising from the CFC. For any information concerning the calculation of these rights, any SOFIA member may consult all records concerning him/her in his private space on the SOFIA internet site, or contact the SOFIA accounting department.
Non-members who receive remuneration distributed by SOFIA in respect of PLR receive the information relating to them, either from their publishers or, where applicable, from joint management companies to whom they have mandated such collection on their behalf.
 
(See also: AGESSA, Payment, Deductions at source, Sums not distributed, VAT)

Statutory levy or management charge

Sum required to finance the operating costs of the society for the collection and distribution of rights and levied by them, at a percentage rate, on the payments of rights made to their Associates. 
 
(See also: Collective management

Summary of rights

(See: Statement of rights)

Supplementary pension for writers and translators

Article 2 of the law dated 18 June 2003 concerning PLR payments enhanced the social status and rights of writers by making provision for the setting up of the first system for supplementary pensions for writers and translators; this system is half funded by the remuneration collected by SOFIA in respect of the lending of books in libraries. Authors affiliated to AGESSA can benefit from this; prior to enactment of this law, they had no access to a supplementary pension. Article L.382-12 of the social security code in fact states that those who benefit from the new system would be "those categories of individual mentioned in the first paragraph who, on the date of enactment of law nº 2003-517 dated 18 June 2003 concerning remuneration in respect of the lending of books in libraries and enhancing social protection for authors, were not covered by these regimes […]".
 
(See also: IRCEC)

Sums not distributed

Article L.321-9 of the Intellectual Property Code states that sums that have not been distributed after a period of ten years because their beneficiaries have not been identified or located must be assigned in their totality to activities in support of creativity, the broadcasting of live shows and activities to train artists. This applies to sums levied in respect of duplication (article L.122-10 of the Intellectual Property Code) private reproduction (article L.311-1 of the Intellectual Property Code), the use of sound recorders, television broadcast by satellite or retransmission by cable. These provisions do not apply to remuneration received in respect of lending from libraries.
 
(See also: Distribution)

Student

(See: Associate, Categories of SOFIA Associate authors, Member of SOFIA)

Succession

(See: Heir)

T
Technical protection measures (TPM)

Article 331-5 of the Intellectual Property Code defines technical protection measures as those that must be taken to prevent or limit use that is not authorised by the holders of a copyright or associated right. However, such measures must not have the effect of preventing the effective implementation of interoperability or of hindering the free use of the work in situations provided for under the law, for example, private reproduction. An "Autorité de Régulation des Mesures Techniques" (ARMT) has been tasked with ensuring that the implementation of these TPM does not deprive the beneficiaries of legal exemptions of their rights, and, in this case, with setting the minimum number of copies allowed in respect of private reproduction.

 (See also: DRM, Interoperability, Private Reproduction, Remuneration for private digital reproduction)


Transfer of management responsibility

Membership of SOFIA implies that the author or publisher transfers management responsibility of his right to remuneration in respect of private digital reproduction and the loan of books from libraries. These transfers of management responsibility are equivalent to mandates and relate exclusively to those works that have been the subject of a publishing contract.
 
(See also: Membership, Associate, Change of address, Notification of new work, Resignation, Mandate, Member of SOFIA, Literary works, Collaborative works, Catalogue, VAT)

U
Undocumented sums

On 26 June 2001, the Committee of the Centre Français d'exploitation du droit de Copie (French Centre for the Management of Reproduction Rights) (CFC) decided to distribute so-called Undocumented sums to authors and book publishers. The definition of "undocumented sums" is those levies collected in France from copying establishments and libraries and those collected abroad, for which the CFC has no information about titles or authors' names for the photocopied works. Such sums are equally distributed amongst authors and publishers. That which is due to authors is paid by the CFC to authors' societies that belong to its Collège Auteurs (ADAGP, SACD, SAIF, SCAM, SOFIA) leaving it to them to divide their share to their own rights holders. SOFIA, expressly tasked by its author members with managing the sums involved, pays this money to writers and translators. 
 
(See also: Duplication)

V
VAT on Authors' Rights

Authors' rights are subject to VAT at a rate of 5.5%. The same applies to all remunerations paid out by SOFIA to rights holders.
In the case of the direct payment by SOFIA to a beneficiary author, SOFIA will ask if he/she wants to register for VAT, in other words if he/she wants to make his/her own VAT return. If not, SOFIA will account for the VAT amount when paying his/her remuneration. The author will thus not be responsible for making a VAT return in respect of this liability and a "fixed refund" of the said VAT amounting to 0.8% will be paid back to him/her by SOFIA.
Authors who opt for the VAT regime must so inform SOFIA administration to whom they are to  provide a signed and dated statement when royalties are paid to enable it to collect the VAT at a rate of 5.5% on the corresponding rights. This option to join the VAT regime is advantageous to the author where the VAT paid on their professional expenses exceeds the 0.8% of the "fixed refund".

(See also: Transfer of management responsibility, Payment)