New upheaval in the French funeral industry... Following a decision by the Paris judicial court on January 31, 2024, OGF, owner of Pompes funèbres générales, has been forced to pay royalties to Sacem (Société des auteurs, compositeurs et éditeurs de musique) for the broadcasting of music, notably duringfuneral ceremonies, as reported by our colleagues at l'Informé. This legal battle began in 2019, when the group suspended payment of broadcasting rights due to a 72% increase in the rates demanded by Sacem, from €1.93 to €3.30 excluding VAT.
On Wednesday, the courts ruled in favor of Sacem, underlining that "the unauthorized broadcasting of musical works at funerals constitutes copyright infringement". As a result, OGF will have to reimburse €70,000 to Sacem, pay €36,500 to Spré (Société pour la perception de la rémunération équitable), and a further €10,000 to each of the two companies to cover their legal costs.
The decision has sparked controversy, with some seeing it as a lack of respect for the deceased and grieving families. OGF had argued that the funeral took place in a private circle, but for the courts, the public broadcasting of music is considered a"service" forming an integral part of thecompany's profit-making activity.
Pompes funèbres now have the choice of broadcasting royalty-free music or paying royalties, which, according to Sacem, "amount to less than €2 on a ceremony invoiced at an average of €5,000".
