Does the Sacem charge extend to… bookcases?

The case was plump: in its capacity as a collector, Sacem claimed that it was Kim, Monseñor, who bore the freeriders. Special tourist accommodation ” appeared, the accommodation began to pay a lump sum – almost 200 euros. The latter applies to everyone who broadcasts ”Music or TV in tourist accommodation“.

reading or communicating to the public

The request was final, and Sacem’s legal department had rolled over the mechanics to make sure everything was in order, citing an improbable surprise visit to the habitat. . Interestingly, the audiovisual and musical works were involved, but not the books on offer in the library due to a startling legal vacuum.

However, after a serious analysis of the situation, Me Magaly Lhotel came to a definite conclusion.Case law can thus be extended to books made available in the context of the activities that service providers provide to hotel customers or seasonal tenants.‘, indicated an intellectual property law attorney.

Problem: “Where this voluntary service provided by donors is subject to levies, no collective management system currently exists to manage this.He pointed to Stéphanie Le Cam, lecturer at the University of Rennes II and director of the Federation of Professional Writers. In other words, even if the law validates this perception, no one cares.

Research: Hotels, Lodging: Fees for use of books provided to customers

Asked by Actua Litté, neither Sacem nor the National Publishing Coalition responded – it is known that no one heard your screams in the middle of summer. It was the heat of the summer that questioned both the Ministry of Economy, and more specifically the Ministerial Delegation of SMEs, Trade, Crafts and Tourism.

Members of Parliament as Reinforcements

Philip Latomb (Democrat) [MoDem et Indépendants] —Vendée), Emmanuel Maquet (Les Républicains — Somme), and Olivier Falorni (unregistered —Charente-Maritime) used their best pens to get some clarification. Even better, they rely on the conclusions and case law referred to by his Actua Litté, but they understand the opposite of the decisions made by the Court of Justice of the European Union. That is.

All three of these lodges and roomsoften at the will of those who want to maintain and preserve the local heritage and maintain a certain liveliness in the commune“. And as such, the charge “purely financial, not taking into account the realities of their activities‘ said Emmanuel Macquet.

Punishing these poor donors, argues Philippe Latombe, is a recognition that threatens them even more through illegal prejudice – rightly so. “However, a SACEM agent without the privileges of public power has no right to voluntarily enter a private place not open to the public, and therefore such an act may be classified as trespassing into a residence by manipulation, article 226(4). may fall within the scope of crimes punishable bycriminal law’” he recalled, for all intents and purposes.

Finally, Olivier Falorni said:A request for fixed contributions from Sacem seems increasingly illegal as the process is entirely new and unprecedented for businesses recently approached.“.

One law, two measures?

Somewhat disconcerting at the corners, Rue Valois is famous for its “fair rewardBy author and composer. And before, the Court of Cassation forced the hotel world to pay for it – by necessity, lodging and other dwellings fell into the same category.It was set with reference to the minimum standards applicable to hotel facilities. Indeed, the particular treatment accorded to tourist accommodation should not distort competition to the detriment of hotel operators.“.

But not a word about the intrusion of Sacem agents into private homes of companies that boast of being able to inspect compliance. Spaces open to the public, like hotels, yes, seasonal rentals, no.

The same is true for the Ministry of Mandate, which is responsible for small businesses, trade, crafts and tourism. Not only is Sasem’s actions justified, but above all the body.”Discussions are currently underway with the main federations and associations representing stakeholders in tourism accommodation, with the aim of adapting the terms of the intervention to the realities of the most modest operations.“.

Also note that the answers addressed to MPs are identical in every respect. But what about all these books? “So, while you have the same copyright in the field of creation, please note that it does not apply in the same way by art.”, Stephanie Le Cam underlined at the end of July. Questions still remain.

Bookcase…same battle?

Especially since, from an absolute point of view, the management of bookcases by associations and the management of bookcases by fortiori communities also lead to collecting possibilities. In fact, the law states thatadditional intervention» refers to the voluntary submission of works resulting from the choice of service provider and is directly related to issues such as JIT.

Having your work available to the public in street libraries opens the door to taxation… oh yes, the problem. I don’t know who will handle this point.

This worried Jérôme Peugnez, vice-president of the association. Among its structure’s activities, the site Boite à livres lists street libraries throughout France via an interactive map. If your activity is recognized, you will be charged.”Many associations withdraw from box management. We don’t make money managing them. When we talk about inflation, it is disappointing to see this kind of free access to culture endangered in every field (quite the opposite, because no one can make money). is).‘, he explained to ActuaLitté.

In a rural town like ours in Calvados, it’s a real place to share, especially for seniors without transportation.»

Photo credit: Grant Barclay, CC BY 2.0

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