General Conditions of Access and Use for the platform "Works Undergoing Identification"
(version of January 2019)
1. As required under the legislation governing Collective Management Organisations (CMO), the purpose of this platform is to provide the public with access to works on which the SACD has collected royalties that the SACD has been unable to distribute because of missing information regarding the identification and/or location of the authors or rightholder(s).
2. As a user of this platform you expressly accept the general conditions of use (GCU) detailed below. Using this platform implies fully respecting the laws, regulations and other legal texts in force. Therefore, the onus is on you to comply with all of these rules and regulations under all circumstances. The SACD is free to modify, at any time, the content of its Internet site, of which you are considered as having accepted all and any modifications that might take place since your connection, and following approval of the modifications of the GCU new version.
3. You can determine if royalties have been distributed in regards to a given work by carrying out a search using the work title and/or author’s name, and, as the case may be, by notifying the SACD that you have elements likely to allow identification of an author and/or a work so that the SACD’s services contact you.
The royalties amount available for distribution shall only be indicated and paid once the identity of the author (or his/her rightholder or representative) has been proven, and once the work has been declared to the SACD’s repertoire. Therefore you must provide the SACD with all information required for the completion of the identification and declaration procedure. For full information on this procedure, you can contact the Authors/Users section (T: +33 (0)1 40 23 44 55 – E: poleauteurs@sacd.fr).
4. Information provided on the platform and those collected, as the case may be, from the platform is processed so as to allow the SACD to pay to the authors concerned (or their rightholder or representative) the royalties it has collected. This processing, of which the SACD is responsible, is based on articles L. 324-14 and R. 321-5 of the French Intellectual Property Code and on the SACD statutes. The information provided by you is updated regularly to reflect the royalties distributed by the SACD. In keeping with the provisions concerning confidentiality and protection of personal data, only minimum information is required. The SACD shall not incur any liability in regards to errors or omissions in the information provided, notably as regards royalty amounts to be paid. Only authorized SACD personnel are recipients of the processed information. Such information is kept for the duration necessary for the identification of the author and declaration of the work in the SACD’s repertoire and, as the case may be, throughout the period of exploitation of the rights in the work.
5. Actions seeking the payment of royalties shall be statute-barred after five years according to Article L. 324-16 of the French Intellectual Property Code. Royalties not distributed because the relevant author(s) or rightholder(s) cannot be identified or located shall be allocated, as from the end of the three-year period provided for in Article L. 324-15 of the French Intellectual Property Code, to activities determined by the Board of Directors in accordance with the general policy on the use of non-distributable sums adopted by an SACD’s general meeting, without prejudice to claims for payment within the abovementioned five-year deadline.
6. Regarding your personal data you have rights (to access, modify and delete your data, to limit its processing) that you may exercise by contacting the SACD’s Data Protection Officer (DPO) by email (dpo@sacd.fr) or by post (SACD-DPO, 11bis rue Ballu, 75009 Paris, France). In case of doubt about the identity of the person exercising these rights, additional information may be requested for confirmation of identity. You can also file a complaint with the “Commission Nationale Informatique et Libertés” (CNIL).
7. Data made available on this platform can be re-used subject to respecting the SACD’s statutes, the applicable legal provisions, as regards obtaining the consent of the persons concerned, or in the case of preliminary anonymization.
8. You bear full and sole responsibility for using data provided by means of this rubric or by means of the SACD’s services. You agree not to use the data in any way that could cause direct or indirect prejudice to any party whomsoever. To this end, you agree not to participate, directly or indirectly, in any misappropriation of works. You agree not to make any false or inaccurate declarations. You also agree that all your works declared by you shall be original to you, and shall not contain copyright infringement nor plagiarism nor any illegal or unauthorized excerpts.
9. Any false declarations that you might make while using this site and that breach the above provisions shall render you liable to civil or penal proceedings, notably on the grounds of forgery (maximum sentence of three years imprisonment and a penalty of €45,000) and/or real or attempted fraud (maximum sentence of five years imprisonment and a penalty of €375,000).