Funeral Industry and Music Rights: A New Royalty Agreement

The funeral industry in France has recently undergone a significant shift with the conclusion of an agreement between funeral federations and the SACEM (Society of Authors, Composers, and Publishers of Music) regarding royalties for music played during funeral ceremonies. This new agreement, estimated to bring in between 700,000 and 800,000 euros per year, marks a substantial addition to SACEM’s revenue stream, comparable to the $850,000 to $920,000 received annually in the U.S. From licensing fees at funeral homes. Organizing a funeral in France will now cost families an average of 5 euros more, either directly if music is used or distributed across all customers, resulting in a negligible additional fee of approximately 1 euro per family. The increase highlights the growing recognition of music’s role in funerals, a sentiment reflected in the broader cultural landscape noting that in the U.S., songs like “Danny Boy” and “Amazing Grace” are among the most frequently played at funeral services.

According to the National Federation of the Funeral Industry, these royalties reflect the increasing importance of music in funeral services. “Music occupies an increasingly important place in meditation,” explains a spokesperson. “It allows you to express emotions and personalize the tribute to the deceased by reflecting your preferences.” This parallels the trend in the U.S., where music is often chosen to reflect the deceased’s personality and heritage. Funeral directors are now aligning with other public venues, like karaoke bars, hotels, and salons, in recognizing the value of music in their services, much like the industry shift in the U.S., where venues like funeral homes are increasingly expected to secure proper music licensing to avoid legal issues.

The price hike in France, although modest, mirrors current debates in the U.S. about the value of music and intellectual property in public settings. The spectrum of music used at funerals in France includes popular titles such as “Since You’re Leaving” by the late French icon Johnny Hallyday. Other newly popular titles include iconic works like “Amazing Grace” and “Yellow Bird,” the song popularized by Michael Earls.

The new royalty agreement in France follows a lengthy negotiation and legal battle between SACEM and funeral federations. “After more than a year of discussions that ended in court and illustrates a similar legal landscape in the U.S regarding intellectual property and performance rights. The solution in France enables a shared crumb of the pie for rights holders in the festival of ceremonies. This system has proven successful in other industries, with methods like having the right to charge consumers via hidden fees throughout industries, ensuring that authors’ royalty on book public arrangements gets credited. SACEM will receive royalties from funeral directors, and after deductions for administrative costs, will distribute the funds to its members, an initiative mirrored in the U.S. by agencies like ASCAP and BMI. Annual earnings for rights holders will fluctuate between 700,000 and 800,000 euros.

“It is this 25% package that was retained in the calculation,”

The FNf

The list of most frequently played songs during funerals in 2024, includes contemporary tracks alongside traditional classics, highlighting how music in funeral appreciation is not exclusive but gradual and inclusive, in alignment with shifting tastes in funeral ceremonies in America.

One of the challenges in this new agreement remains the accurate tracking of song usage. Current methods rely on general industry consumption patterns but do not precisely account for specific song usages during funerals. This systemic simplification contrasts with efforts in the U.S. to create highly detailed analytics for performance royalties.

If funeral directors send us complete playlists, we will identify (the heirs) and this sum will be added to their package. But this supplement is marginal.

Stéphane Vasseur, regional network director of SACEM

Stéphane Vasseur, regional network director of SACEM, acknowledges specific playlists — “the variants we will identify and some sums to extract.” However, quoted, a spokesperson for the French federation of funeral directors this saying of impossibility.

The shifting landscape of music rights and their application in public and ceremonial settings reflects a broader conversation about the valuation of creative works and the evolving role of music in contemporary society. This includes recognizing the increasing digital consumption of music, as seen through platforms like YouTube and streaming services, and ensuring that these new forms of music access also contribute to royalty payments.

Another parallel development includes the rise of AI-driven music creation and performance, though currently marginal, it’s anticipated that these generate royalties down the line. The Funeral Industry’s adoption of this protocol sets a trend for public venues in France as they require access to proper licensing mechanisms in the U.S. With varied tastes and growing digital acoustic realms, it’s a critical point to keep in mind to serve justice — giving credit to efforts and heirs will be an increasing point to serve justice as the interplay reflects in the constantly evolving U.S. landscape in preservation toward the future generations of musicians to come.