When do I have to pay Sacem ?
Do I have to pay Sacem for a wedding ?
Who should pay the Sacem ?
This recurrent subject inflames the debate, sometimes even between DJs.
QWHAT DOES SACEM DO ?
The Sacem is the society in charge of collecting and redistributing the remunerations for the artists and authors of music. Without it, the artists could not continue their activity and the French musical landscape would be very poor.
DO WE HAVE TO PAY THE SACEM ?
In view of the regulations, it is however quite clear.
The declaration and payment of the company that will pay the artists is done in several cases :
-if your event is public, i.e. open to all and free of charge.
-if your event is not free of charge: entrance fee
-if your event generates profit: paid consumption, or anything else that can generate income.
The calculation of the amount to be paid will be done in relation to the declared profits: beverage…
DO YOU HAVE TO PAY SACEM FOR A WEDDING OR PRIVATE PARTY ?
The Sacem also says that it is necessary to pay a payment for a private party, if you pay a provider for the music: orchestra, disc jockey… However, this case is the subject of a tolerance on behalf of the Sacem and is not applied.
Indeed, you do not have to pay any Sacem fee for your wedding party. Except if you decide to charge the entrance to your wedding party, wherever it is open to the public… Article L 122-5-1 of the Intellectual Property Code stipulates that the author cannot prohibit “private and free musical broadcasts made exclusively in a family circle”. These 3 conditions must be cumulatively met.
BEWARE OF ABUSE OF THE SACEM !
Some unscrupulous DJs do not hesitate to add a line in their estimate : “Payment of Sacem rights”, which they then pocket in their own name. This is both abusive and illegal, because this amount will not be redistributed to the artists as you may believe !
Also, it has sometimes been noted that some wedding venues privatized by the bride and groom, require the payment of a “package for the Sacem”. This is also a scam.
Indeed, when you privatize a room for a wedding, it is in the family and friendly. You are like at home. Some halls that have a restaurant part playing music all year long pay an annual fee to the Sacem. They try to make you pay a part calculated “pro rata temporis” for the time you privatize a room. They claim that “the music can be heard in the common areas”. Here again it is totally abusive, this is nothing but a pretext to charge you a supplement by using the pretext of the legislation which is not well known nor verified…
Some future brides and grooms, after having entered into “conflict” with the management of their domain, have unfortunately ended up paying to “have peace”…
Defend yourself !
In any case, it is not up to the DJ provider to declare and pay the Sacem, this is the responsibility of the event or party organizer.
To conclude, if you have any doubts, the best thing to do is to contact the organization yourself, here is the link below.
Don’t worry, your precious day DJ is at your disposal. He will help you and give you the arguments that concern your party or event.