AGAINST GREENWICH BEFORE THE TRIBUNAL DE GRANDE INSTANCE , PARIS , FOR PAYMENT OF ROYALTIES IN RESPECT OF THE PUBLIC PERFORMANCE OF THE MUSIC FOR TWO FILMS AND THAT GREENWICH , IN THE COURSE OF THE PROCEEDINGS , CAUSED LABRADOR TO BE JOINED AS A THIRD PARTY IN ORDER TO OBTAIN FROM IT THE REIMBURSEMENT OF ANY SUMS WHICH IT MIGHT BE REQUIRED TO PAY TO SACEM . THE TRIBUNAL FOUND THAT THE COMPOSERS OF THE MUSIC FOR THE TWO FILMS IN QUESTION WERE MEMBERS OF SACEM AND HAD ASSIGNED TO THE LATTER THE EXCLUSIVE RIGHT THROUGHOUT THE ENTIRE WORLD TO AUTHORIZE OR PROHIBIT THE PUBLIC PERFORMANCE OF THEIR WORKS . IT ALSO FOUND THAT GREENWICH , IN ORDER TO OBTAIN THE SERVICES OF THE TWO COMPOSERS IN RELATION TO THE TWO FILMS WHICH IT WAS PRODUCING , HAD CONCLUDED CONTRACTS WITH LABRADOR , WHICH WAS ITSELF A MEMBER OF SACEM AND THE PUBLISHER OF THE MUSIC OF THE TWO COMPOSERS . THE TRIBUNAL ALSO ESTABLISHED THAT GREENWICH CLAIMED TO OWN THE COPYRIGHTS IN THE MUSIC FOR THE TWO FILMS , HAVING ACQUIRED THOSE RIGHTS FROM LABRADOR WHICH HAD OBTAINED THEM DIRECTLY FROM THE COMPOSERS ; AND FINALLY THAT THE TWO COMPOSERS HAD JOINED SACEM BEFORE THE CONTRACTS BETWEEN GREENWICH AND LABRADOR WERE CONCLUDED .
4 IT IS FURTHER CLEAR FROM THE FINDINGS MADE BY THE TRIBUNAL THAT , WITH REGARD TO ROYALTIES PAYABLE IN RESPECT OF THE PUBLIC PERFORMANCE OF FILM MUSIC , A DISTINCTION MUST BE DRAWN BETWEEN TERRITORIES WHERE SACEM COLLECTS FEES DIRECTLY AND TERRITORIES WHERE IT DOES NOT . IN ACCORDANCE WITH THE WORDING EMPLOYED BY SACEM THE LATTER TERRITORIES ARE TERMED ' ' NON-STATUTORY COUNTRIES ' ' . SACEM ' S CLAIM RELATES EXCLUSIVELY TO ROYALTIES PAYABLE IN RESPECT OF PUBLIC PERFORMANCE IN ' ' NON-STATUTORY COUNTRIES ' ' . AN AGREEMENT WAS CONCLUDED BETWEEN GREENWICH AND LABRADOR TO THE EFFECT THAT IF GREENWICH WERE OBLIGED TO PAY TO SACEM SUMS IN RESPECT OF THE COMPOSER ' S AND PUBLISHER ' S RIGHTS FOR SUCH TERRITORIES THE SUM CONSTITUTING THE PUBLISHER ' S SHARE WOULD BE FULLY REIMBURSED BY LABRADOR .
5 ON THE BASIS OF THOSE FINDINGS OF FACT THE TRIBUNAL ORDERED GREENWICH TO PAY THE SUMS DUE TO SACEM IN RESPECT OF THE PUBLIC PERFORMANCE OF THE MUSIC FOR THE TWO FILMS IN QUESTION IN THE ' ' NON-STATUTORY COUNTRIES ' ' . IT APPOINTED AN EXPERT TO ASCERTAIN THE EXACT AMOUNT OF SUCH SUMS . THE TRIBUNAL CONSIDERED WITH REGARD TO THE THIRD-PARTY CLAIM THAT LABRADOR MUST REIMBURSE TO GREENWICH THE ' ' PUBLISHER ' S ' ' SHARE OF THE SUMS WHICH GREENWICH WAS BOUND TO PAY TO SACEM .
6 GREENWICH APPEALED AGAINST THAT JUDGMENT ON THE GROUND THAT SACEM ' S CONDUCT , IN PARICULAR ITS REQUIREMENT THAT THE TWO COMPOSERS , IN ACCORDANCE WITH ITS DOCUMENTS OF ASSOCIATION IN FORCE AT THE TIME , SHOULD EXECUTE A GENERAL ASSIGNMENT OF ALL CATEGORIES OF RIGHTS THROUGHOUT THE ENTIRE WORLD