Audiovizual Productions
Do you use music in an audiovisual production? The rights of music producers should also be regulated and reimbursed. In accordance with Article XI.209 of the Code of Economic Law (WER), music producers and/or their rightholders have the exclusive right to authoritate or prohibit the reproduction of phonograms. For example, when using a phonogram ("track") in a television programme, a reproduction agreement is required for the consent of the relevant music producer. SIMIM organizes a one-stop shop to clear these reproduction rights of the music producers for the use of pre-existing phonograms (both commercial and library) in certain audiovisual productions. The rates that SIMIM uses as a basis for this can be found here. This scheme covers all phonograms belonging to the SIMIM repertoire (see our membership list on the website), with the exception of the phonograms listed in the Exclusion List audiovisual productions. The phonograms contained in this list cannot be licensed by SIMIM for use in audiovisual productions. Is your specific audiovisual production not covered by SIMIM's one-stop-shop scheme? Then you have to arrange the rights directly with the music producer. Fees must be regulated before the operation of an audiovisual production starts. There are 2 ways to regulate the reproduction rights mentioned:
1) Through a global collection agreement between SIMIM and the broadcaster
These are certain audiovisual productions which:- produced by the broadcaster itself or on its behalf by an external producer and which
- are intended for a first televised broadcast by that broadcaster itself on Belgian territory. Contact SIMIM to check if your audiovisual production is regulated in a global collection agreement with the broadcaster for which you produce.
2) Through an agreement between the music producer and the audiovisual producer
The arrangements for the reproduction rights of phonograms in certain audiovisual productions should be arranged directly with the music producer concerned, regardless of whether the first broadcast is carried out by a broadcaster on Belgian territory. These are the following audiovisual productions:- productions for which specific original music is produced in collaboration with a music producer
- movies (regardless of duration)
- Commercials
- spots for movies
- spots for music albums
- spots for activities/projects
- productions of political parties or with a clear political message
- private companies or public institutions specifically intended for their employees, their customers or their subcontractors
- productions or parts of productions that place the recorded music in a context in which the moral right of the artist may be compromised
- productions or parts of productions that place the recorded music in context of tobacco, drugs, alcohol, pornography or illegal activities or behaviors
The reproduction rights of phonograms in all audiovisual productions which are not broadcast for the first time by a Belgian broadcaster on Belgian territory should be arranged directly with the music producer concerned. These may be audiovisual productions that are broadcast for the first time via a VOD platform.