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Create my bookSACEM for short-term rentals: what French law says in 2026
A TV, radio or smart speaker in your Airbnb? You probably owe an annual SACEM royalty.
📻 Une TV ou une radio dans le logement ?SACEM considers that as soon as you provide a music-restituting device (TV, radio, smart speaker) to your guests, you must sign a General Representation Contract and pay an annual royalty. 2025 SACEM rate (Furnished Tourist Rentals & B&Bs schedule): €130.35 ex. tax General Tariff, €104.28 ex. tax Reduced Tariff (with prior declaration + contract signed within 15 days). The SPRÉ neighbouring rights are billed in addition at 65% of the SACEM royalty (minimum €58.31 ex. tax), unless via the Gîtes de France agreement (€37.04 inc. tax flat fee, SPRÉ included).
Legal framework: why SACEM can claim a royalty from you
SACEM is the French collective management society for music copyright. Its legal basis is Article L. 122-2 of the French IP Code, which defines 'representation' as 'communication of the work to the public by any means'. Article L. 122-4 requires the author's prior authorisation.
The European Court of Justice (SGAE v. Rafael Hoteles, 7 December 2006, C-306/05) ruled that providing TV sets in hotel rooms — even private ones — is a "communication to the public".
The French Cour de cassation (1st civil chamber, 14 January 2010, n° 08-16.022) applied this in France for hotels. SACEM and the Ministry of Culture extend the same logic to gîtes, B&Bs and short-term tourist rentals. No Cassation ruling has yet specifically addressed independent Airbnb-type rentals — the legal debate is open, but SACEM applies the same tariff.
In practice: if you provide your guests with a device capable of broadcasting music (TV with operator box, FM radio, Bluetooth speaker, CD player), SACEM considers you a "debtor" likely to receive a formal notice followed by a contract.
Which equipment triggers the royalty?
Cases sorted by SACEM's public position. The general rule: any device that can play a musical work to the guest triggers the obligation, regardless of actual use.
| Equipment present | SACEM position | Notes |
|---|---|---|
| TV connected to an operator box (Orange / Free / SFR / Bouygues / Canal+) | Liable | Clearest case (Cass. 14 Jan 2010 directly applicable). |
| TV with terrestrial DTT only | Liable | No DTT-only exemption — broadcast diffusion is still public communication. |
| FM or DAB+ radio | Liable | Same principle as TV: transmission of broadcast work to the public. |
| Bluetooth speaker / Sonos provided | Likely | Covered by SACEM's 'any diffusion device' wording. Some lawyers contest if no streaming service is integrated. |
| No audiovisual equipment provided | Not liable | No diffusion device = no public communication = no royalty. |
| Wifi only (no TV or speaker) | Not liable | Guest uses their own devices; you broadcast nothing. SACEM does not tax mere internet access. |
| Video projector with no broadcast / music distribution | To verify | If only used for guest's own content (personal Netflix, photos), grey zone. With HDMI to a box/DTT, liable. |
How much does it cost in 2025?
SACEM's 'Furnished Tourist Rentals & B&Bs' schedule is annual and flat-rate. Amounts depend on whether (or not) you declared the activity in advance, and on possible federation membership. <strong>SPRÉ (performers and producers' equitable remuneration) is billed in addition</strong> at 65% of the SACEM royalty, with a €58.31 ex. tax annual minimum, except under the Gîtes de France agreement where it is bundled.
SACEM General Tariff
Per furnished rental / B&B in the absence of prior declaration. + SPRÉ ≈ €84.73 ex. tax (65% of the royalty). Total ~€215 ex. tax per accommodation.
SACEM Reduced Tariff
Applies if you declared the activity before any SACEM letter AND signed the General Representation Contract within 15 days. + SPRÉ ≈ €67.78 ex. tax. Total ~€172 ex. tax.
Gîtes de France member
Best valueCentralized SACEM × FNGF agreement (2023). Single flat fee SPRÉ included. Confirmed by parliamentary response AN n° 1331.
Protocol discount
2025 protocol discount published by SACEM for furnished tourist rentals & B&Bs — applicable only on the Reduced Tariff and via membership of a referenced partner organisation.
⚠️ 2025 SACEM rates from the General Authorization & Tariff Schedule (RGAT), 'Furnished Tourist Rentals & B&Bs' annex (UMIH circular 01.25 of 03/01/2024). Verify the official 2026 grid on sacem.fr before any payment.
The 6 most common misconceptions
« I rent as an individual, this doesn't apply to me. »
False. Legal status (individual vs professional) is irrelevant. What matters is the paid rental activity with a diffusion device. An LMNP renter on micro-BIC is just as liable as an SCI.
« My guests already pay Orange / Netflix subscriptions, no need for SACEM. »
False. A diffusion service subscription (Orange, Netflix, Spotify) covers the subscriber's domestic consumption. SACEM additionally collects for public communication in a commercialized space. Both are cumulative.
« If I only have free DTT, I don't owe. »
False. DTT is free for the private viewer, but its diffusion to a paying public (your guests) remains a public communication under article L. 122-2 IP Code. No DTT exemption.
« It's Airbnb / Booking that should pay SACEM, not me. »
False. Platforms are mere intermediaries. The royalty targets the establishment 'operator' — i.e. you, the host. If a property manager subleases commercially under their own brand, they may become liable instead, but rare.
« SACEM never audits short-term rentals. »
False and increasingly risky. Several parliamentary questions (n° 571, 1331, 12265 between 2022 and 2024) confirm intensified SACEM controls on seasonal rentals since 2022. Notice letters are mass-mailed to hosts identified via Airbnb, Le Bon Coin, etc.
« I'm abroad, SACEM can't do anything against me. »
False. SACEM jurisdiction follows the place of operation, not the owner's residence. If your property is in France, you're subject to French IP Code. SACEM can sue at the location's tribunal.
How to declare and pay (in 5 steps)
If you decide to comply (or received a SACEM letter), here is the process.
Identify your situation
List the broadcasting devices in your unit: TV (with box or DTT), radio, Bluetooth speaker, projector. Note the count, location and accommodation capacity.
Check federation agreements
If your property is or could be Gîtes de France-classified, the membership unlocks the €37.04 / year rate. No global agreement confirmed for Clévacances or Atout France yet.
Declare voluntarily (before letter)
Go to sacem.fr → 'Tourist accommodation'. Fill out the online form. The Reduced Tariff (€104.28 vs €130.35 ex. tax, i.e. 20% lower) requires prior declaration AND signature of the General Representation Contract within 15 calendar days. Past that: General Tariff applies.
Sign the general representation contract
SACEM sends you a contract to sign within 15 calendar days. Read carefully (annual tacit renewal, termination terms).
Pay the annual royalty
Annual payment by SEPA, transfer or online. The fee is owed regardless of operating duration within the year (4-month seasonal renter pays the same as 12-month). Keep the invoice (deductible expense under réel regime).
What happens if you don't pay?
Failure to pay after formal notice can be qualified as counterfeiting under article L. 335-2 IP Code, theoretically punishable by 3 years imprisonment and €300,000 fine (aggravated penalties if organized). In practice SACEM almost always uses civil recovery: unpaid fee on the non-prescribed period + interest + procedural costs.
Standard process: (1) initial letter with contract proposal; (2) reminders; (3) formal notice; (4) court action. SACEM relies on a network of regional sworn agents empowered to record findings. To date no Cassation ruling specifically convicts an independent Airbnb host — the 14 Jan 2010 ruling concerned a hotel. Actual risk is more the cumulative cost (fee × undeclared years + interest) than the theoretical criminal sanction.
While you sort out SACEM, professionalize your hosting
Create a free digital welcome book for your Airbnb guests: wifi, rules, local tips. A pro welcome means fewer disputes and more 5-star reviews.
Frequently asked questions about SACEM for short-term rentals
What is the SACEM rate for an independent Airbnb in 2025?
The 2025 SACEM schedule (Furnished Tourist Rentals & B&Bs annex) provides two tariffs: General Tariff at €130.35 ex. tax per year (no prior declaration) or Reduced Tariff at €104.28 ex. tax (with prior declaration and signature of the General Representation Contract within 15 days). On top of that, SPRÉ neighbouring rights at 65% of the SACEM royalty (minimum €58.31 ex. tax). Total per accommodation per year: ~€172–€215 ex. tax, before federation membership.
I'm with Gîtes de France, what do I pay?
Thanks to the 2023 SACEM × Fédération Nationale des Gîtes de France agreement, members benefit from a single flat fee of €37.04 incl. tax / year, including SPRÉ neighbouring rights. About 6× cheaper than standalone. Confirmed by parliamentary response n° 1331.
If I only have DTT-only TV (no box), am I liable?
Yes, per SACEM's public position. DTT is free for the private viewer, but its diffusion in a rented unit remains a public communication under article L. 122-2 IP Code and the Cass. 14 January 2010 ruling. No DTT exemption is in the SACEM tariff.
What if I don't install any TV or radio?
No SACEM royalty: without a diffusion device, there's no public communication. Mentioning 'Wifi included' on Airbnb doesn't trigger the obligation — guests use their own devices.
And SPRÉ (equitable remuneration)?
For independent furnished rentals & B&Bs, SPRÉ is billed in addition to the SACEM royalty, at 65% of the royalty amount, with a €58.31 ex. tax annual minimum. SACEM collects it on SPRÉ's behalf (you get a single invoice with two distinct lines). Exception: the Gîtes de France agreement (€37.04 inc. tax) bundles SPRÉ — confirmed by parliamentary response AN n° 1331.
Can a property manager pay instead of me?
SACEM bills the accommodation 'operator'. If the property manager acts as a simple agent (mandate in the owner's name), the operator status remains in principle the owner's — so the owner remains liable. If the manager sub-leases commercially under their own brand, they may become liable. In the absence of specific case law on this split, it is recommended to clarify the allocation explicitly in your concierge contract.
I haven't declared in 5 years — what now?
Declare now, before any letter. SACEM can claim unpaid fees on the non-prescribed period (in practice 5 years), plus interest. Based on the 2025 schedule (General Tariff €130.35 ex. tax + SPRÉ ~€84 ex. tax per year), 5 undeclared years come to roughly €1,070 ex. tax (~€1,180 inc. tax), before interest. Compare to ~€172 ex. tax under the Reduced Tariff for the current year if you declare voluntarily — about a 6–7× factor.
Are there lawyers contesting the obligation?
Yes: some firms (Bougeard, Cottigny) contest the extension of the Rafael ruling (which targeted hotels) to independent short-term rentals, arguing there is no 'forced sound diffusion' and that the guest has private use. No Cassation ruling validates this defense for an Airbnb to date. SACEM's position remains as described in this article.
Go further on regulation
Sort out SACEM — and professionalize the rest
Once your SACEM royalty is paid, structure the rest of your hosting: digital welcome book, house rules, security deposit, damage report. All in one, free.
Create my free bookThis article is informational only. The amounts, articles and case law cited are accurate at publication; for any financial or contestation decision, consult a lawyer or the official 2026 SACEM tariff on sacem.fr. LivretAccueil does not provide legal advice.
