Authors' rights make the creative world go round


Terms and conditions
for the SACEM Internet site

General conditions

  • Site edited by:
    SACEM - Society of authors, composers and publishers of music
    Non-trading open-stock company (société civile) registered with the RCS Nanterre under number 775 675 739
  • Headquarters:
    225, Avenue Charles de Gaulle
    92200 Neuilly-sur-Seine (France)
    Tel: +33 (0)1 47 15 47 15
  • Managing Editor:
    Jean-Noël Tronc (Director General, Manager of SACEM)
    225, Avenue Charles de Gaulle
    92528 Neuilly-sur-Seine Cedex (France)
  • Host:
    SIGMA Informatique
    3 rue Newton
    BP 4127
    44241 La Chapelle-sur-Erdre (France)

Photographic credits

  • Photographers: Thomas Bartel, Bernard Brun, Marc Chesneau, François Fleury, Raphaël Frydman, Serge Guidi, Michel Martin, Lionel Pagès, 20Syl.
  • Agencies: Getty Images, Opale, Rue des Archives, Roger Viollet, Sipa Press, Visual Press Agency
  • SACEM

SACEM WEBSITE - GENERAL TERMS & CONDITIONS OF USE

Last updated on : 28 May 2018

SACEM (the Society of Authors, Composers and Music Publishers) is a Collective Management Organisation subject to a strict legal framework provided for by Articles L. 321-1 et seq. of the French Intellectual Property Code (hereinafter "IPC") . In keeping with these regulations SACEM implements rules of transparency, ethics and good governance.

SACEM is a non-profit non-trading entity, incorporated as a civil society organisation, whose principle task is to collect authors' rights and distribute them to its members.

This website, the property of SACEM, was designed both to meet the expectations of its members and clients by providing them with services to facilitate the collection and distribution of authors' rights, and to inform the public about the rights of songwriters, composers and music publishers and the obligations incumbent upon music users. You agree to use this website in accordance with the regulations in force, respecting public order and decency, and to comply with these terms and conditions and other specific conditions as stated on certain pages of the website (for example, in sections reserved for members or clients).

You must read them and, as they are likely to be updated frequently, consult them regularly. If you continue to use the site after any changes have been posted, the terms of use of the website will be those applicable at the time that you access the site.

1. PROTECTION OF YOUR PERSONAL DATA: :

Personal data is information that allows you to be identified, as a natural person, either directly (e.g. your surname, first name etc.), or indirectly by means of a reference (e.g. your membership access code (COAD), your client reference number etc.).

SACEM is particularly committed to the protection of your personal data. The society complies with the legislation in force as defined by the General Regulations on Data Protection of 27 April, 2016 (hereinafter the "GDPR"), which came into force on 25 May, 2018, and Act No. 78-17 of 6 January, 1978, entitled "Informatique et Libertés" (Information Technology and Freedom of Information).

For this purpose, in 2010, SACEM appointed a Correspondant Informatique et Libertés (Computer and Freedoms Correspondent - CIL) renamed, in 2018, as the Data Protection Officer (hereinafter "DPO"). Its tasks and prerogatives have been reinforced by the GDPR to ensure that SACEM's data processing is in compliance with the new regulations.

In accordance with Article 30 of the GDPR, SACEM keeps a register of its data processing in which is recorded all the data processing that has taken place either through the public website or in the private areas.

1.1 Purposes and retention periods

SACEM, in its role as data controller, collects and processes your personal information, or makes your information available in your private areas, as follows:

  • If you are a member of SACEM:

When you joined SACEM, you provided the information necessary to enable SACEM to fulfill its obligations to you. SACEM, in its role as data controller, processes your information on the basis of the provisions laid down by the IPC and in accordance with its Statutes and General Regulations, available on the website. Your information is also processed in the legitimate interest of SACEM to keep you informed of the work it is doing but also, more generally, to send you the latest news about SACEM that would be of interest to you as a member.

    Your personal information is used for the purposes of:

    • - collecting and distributing authors' rights, and more generally, to manage your SACEM membership and the interests of your beneficiaries (access reserved for members)
    • - processing your claims
    • - processing the declaration of your works made on-line, using the services of DOCAPOST (please refer to the general conditions of use for the service of the declaration of works on-line)
    • - reviewing and verifying works in the process of being identified
    • - granting you, on request, financial assistance within the framework of SACEM's cultural activity schemes
    • - managing your permissions for use
    • - managing your delegations in accordance with Article 55 of SACEM's General Regulations
    • - publishing, on request, your personal website (for more information see Article 5 of the General Terms & Conditions of Use).

Your information is intended for use by SACEM's internal services, tax, social and financial bodies and, for information relating to the exploitation of your works, other collective management organisations with which SACEM has reciprocal representation agreements (for more details, see the section "Who we are - Our Network". The exchange of data with other collective management organisations around the world ensures greater efficiency in the distribution of your rights.

Your information is processed as long as you are a member of SACEM and for the duration of the exploitation of rights as provided for by the IPC. If you leave SACEM you will still be able to access the private areas of the website to see specific information relating to the exploitation of your works.

  • If you are a SACEM client:

Since SACEM is a Collective Management Organisation governed by the IPC, whose main activity is to collect the rights from those that use music, the notion of a "client" should not to be understood in the commercial sense of the term.

If you make use of music in the course of your activities, you must seek authorisation from SACEM. On the basis of this authorisation, or with a view to issuing this authorisation, SACEM, in its role as data controller, processes your information for the purpose of collecting authors' rights and monitoring the client relationship (tracking authorisations, information related to your client relationships), billing, and the accounts prior to collection. Your information is also processed in the legitimate interest of SACEM to keep you informed of the work it is doing but also, more generally, to send you the latest news about SACEM that would be of interest to you as a client.

If you are already a client of SACEM, you can apply for authorisation online. To do this you should refer to the terms and conditions for online authorisation that are available in your private membership area.

You can get a quote before confirming your request for authorisation. As long as you have not confirmed your request, which remains at the draft stage, the pricing conditions can still be modified. Please be aware that a record of the number of tariff quotations that you make is kept for six months.

You can pay the royalties due for authors' rights either at the time that the application is confirmed, by credit card or direct debit, or by sending a cheque to SACEM.

You can also pay your invoices online. To pay using our secure platform, simply log into your client account and select the invoices you wish to pay. You can pay by credit card or direct debit.

The terms of use that apply specifically to online payment transactions are those provided by SOGENACTIF. Please read them before making any payment. SACEM cannot be held responsible for any technical malfunction of SOGENACTIF.

The information collected is intended for use by SACEM's internal services as well as for tax, social security and financial organisations. Some of your information may also be sent to SPRE (Société pour la perception de la rémunération équitable) if "equitable remuneration" is paid pursuant to Article L. 214-1 of the IPC. If you are due a deduction for your membership in a professional group that has signed a memorandum of understanding with SACEM, SACEM may have to confirm that you are a member of this group.

The information is kept for the duration of the contractual relationship and in accordance with the statutory requirements applicable in the event of a dispute. In certain instances you may be asked to provide, on a voluntary basis, supporting documents to confirm your identity. These documents are kept for a period of two years.

If you are not already a client and wish to receive information about your obligations and the steps required in your interaction with SACEM, your information will be accessed in order to respond to such requests for information and this may result, within the framework of projects planned by the IPC, in some of your professional information being retained in order to verify whether any of the works from its directory have been used.

You can also enter sample data online to assess the amount of authors' rights that you would have to pay for the use of music. The information collected in this way is kept for a period of three years after SACEM's latest check has shown that you no longer use music.

  • If you are seeking funding for your project:

In areas dedicated to requests for project assistance, SACEM, in its role as data controller, will process your information, in accordance with Article L. 324-17 of the IPC, in order to be able to grant you the financial assistance you have requested to support creative work, for staging performances, and for the development of artistic and cultural education and training activities for artists. In such circumstances, SACEM is required to make your surname and first name public, as the recipient of the aid, as well as the amount and usage of the sums allocated to you, in accordance with Article L. 326-2 of the IPC.

Your personal information is also used, in the legitimate interest of SACEM, to inform you of its project funding activities, SACEM's own projects and, more generally, to keep you up-to-date with the latest news from SACEM in connection with these activities.

Your personal information is intended for the use of SACEM's internal services and its partners and is kept for the duration of the funding agreement plus ten years, in accordance with the legal provisions to which SACEM is subject

  • If you are a general user of the SACEM website:

SACEM, in its role as data controller, may process your personal information, either for use with its projects and activities or after receiving consent from you. As you use the site, SACEM will collect certain information, or make it available in your private area, which may include strictly personal information, that allows you to identify yourself as a particular person, as well as information that does not allow SACEM to identify you directly (such as your browsing data), but which is still considered to be personal data.

    Your information is processed for the purposes of:

    • - responding to your requests for information or any other question
    • - to satisfy your requests regarding access to the private areas of the site (changes to your password, username or other personal information, etc.) and, more generally, to manage your accounts
    • - to enable you to participate in a contest or competition
    • - to ensure that the site's features and databases are being used correctly.

SACEM, as a non-profit civil society, does not specifically engage in any commercial activity. Therefore your personal information is neither provided, either free or for a fee, to any third parties and is not subject to any commercial exploitation.

Your personal information is kept for the time necessary to process your request and then for the duration of the statutory requirements applicable, in case of any legal action. In the event of your participation in a contest or competition, the information is kept until the prize has been awarded, up to a maximum period of one year.

Information collected on the website or through your private areas is stored with our service providers, located in France.

Finally, you are reminded that any personal information made available on the website cannot be recorded and used by you without the prior written consent of the person concerned. In particular, it is absolutely prohibited to collect and use this data, either manually or automatically, especially to send out unsolicited advertising.

1.2 Your rights

    Under the GDPR, you have the following rights, the scope of which may vary depending on the usage involved:

    • - the right of access (allows you to confirm that your personal data is being held and to verify its accuracy)
    • - the right to rectification (allows you to complete and update your personal data)
    • - right to erasure or the "right to be forgotten" (allows you to request the deletion of your data if it is inaccurate or out of date)
    • - right to restriction of processing (allows you to request the restriction of data processing of any inaccurate, ambiguous or outdated data)
    • - the right to object (allows you, for reasons related to your particular situation, to object to the processing of any data concerning you)
    • - right to data portability (allows you to request personal data you have provided in a commonly used structured format, machine-readable and interoperable, for sending to another data controller)
    • - withdrawal of consent (where the data processing required your consent, you may withdraw it at any time).

In addition, in application of the Data Protection Act, you have the right to define specific instructions for how your personal data should be handled after your death.

    How to exercise your rights:

    • - If you have private access, SACEM has developed tools to enable you to access your personal information and make certain changes whether you are a member, client or an applicant for project assistance
    • - if you have submitted your information in a form, SACEM has endeavoured to specify, for each of them, the department you need to contact to exercise your rights by post or electronically, if necessary
    • - Finally, you can exercise your rights using the "help and contact" form on our site.

In the event that you do not obtain a response from SACEM, even after sending reminders, you can contact the Data Protection Officer (DPO) directly at: DPO, exercise your rights, SACEM - 225 Avenue Charles de Gaulles - 92528 Neuilly-sur-Seine Cedex or can lodge a complaint with the Commission Nationale Informatique et Libertés (CNIL).

1.3 Data security

To ensure the protection of your personal information, SACEM implements appropriate technical and organisational measures to ensure a level of security appropriate to the risks, including procedural rules to ensure the strength of your password.

It is your responsibility to manage your username and password, which are strictly personal and confidential. To protect your information we ask you to choose a password that is personalised, secure and robust, that is to say, difficult to crack using automated tools or for any third party to guess, and we advise you to change it regularly.

Any activity carried out on the SACEM website using your username and password will be considered to have been carried out by you. The computer records of these activities, or their reproduction on a digital storage device or paper medium, will be used in your dealings with SACEM, who must be informed immediately of any unauthorised use of your username and password:
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By identifying yourself, you acknowledge that you have read the conditions of access to private areas and services, and accept the rules of use and evidence.

1.4 Personal data processed on behalf of SDRM

SACEM collects, in certain sections of its website, personal information on behalf of SDRM in order to enable them to process applications for authorisation for mechanical reproduction rights.

This information is intended for SDRM, SACEM and AGESSA and is kept for the duration of the contractual relationship that you have with SDRM and for the duration required by law, particularly for the the collection and distribution of rights.

In accordance with the regulations in force, you have the right of access, rectification, deletion, restriction, objection and portability on this data. To exercise this right, you can send your request to the SDRM - 225 avenue Charles de Gaulle - 92528 Neuilly-sur-Seine Cedex or by email to phono.opo@sacem.fr.

SACEM requests that you read the information on the various forms, which you may have to fill in on the site, which tells you in more detail, depending on your request, the data controller responsible, the purposes of the processing and the way in which you can exercise your right of access, rectification, deletion, limitation, objection and portability and the name of the department to which you should address any enquiries.

2. COOKIES :

When you visit the website one or more cookies may be automatically downloaded onto your computer in order to record certain information about your browsing activity (pages viewed, date and time they were viewed, etc.). These cookies are only used to optimise your navigation of the site.

You can block the installation of cookies by configuring your device's browser (Internet Explorer, Mozilla, Chrome etc.). Each browser has information on their website explaining how you can configure your device to block cookies.

If you have a private area on the SACEM website, cookies are necessary to ensure the security and integrity of this account. As a result, please be aware that if you deactivate cookies, you will no longer be able to browse your private area.

3. INTELLECTUAL PROPERTY :

All content (text, sound, image, software, logo, etc.) published on SACEM website is protected in accordance with the provisions of French law and international conventions relating to intellectual property.

Subject to the provisions of Articles L. 122-5, L. 211-3 and L. 342-3 of the IPC (French Intellectual Property Code), as well as the various conditions of use determined by open source licences, when the contents are identified as coming under such licenses, any reproduction and/or distribution to the general public of all or part of this content will be subject to authorisation.

Moreover, any reproduction and/or unauthorised publication of the brands and logos on this site constitutes an infringement and the perpetrator will be liable to criminal penalties, in particular the those provided for in Articles L. 335-2 and L. 343 -1 of the IPC

The databases, if any, on the website or on its associated applications (such as the mobile phone app, which contains the catalogue of SACEM works) are protected by the same laws as those for the protection of databases. The unauthorised reuse, duplication or extraction of data could lead to legal action been taken against you.

4. HYPERTEXT LINKS:

4.1 Hypertext links to the SACEM website

The creation of a hypertext link pointing to SACEM website is the sole responsibility of the person who created the link and cannot engage the responsibility of SACEM, which reserves the right to request the removal of these links, especially when the site hosting the link violates copyright or imputes the reputation of SACEM

4.2 Hypertext links pointing from SACEM website to other sites

The website contains hypertext links to other sites that are not under the control of SACEM. These websites and their content may be modified, updated or deleted at any time at the sole discretion of the publisher of the site. SACEM cannot be held responsible for any content, advertising, products or services provided by external sites or sources accessed by hypertext link from its website.

5. "WEBSITE" ENTRIES:

If you are a member of SACEM, you can make link to your personal website in this section.

SACEM reserves the right not to publish the site of any member who is not engaged in activities that concern authors, composers or music publishers, or sites that are not in line with the editorial policy of its website or that are in breach of any statutory or regulatory provision.

Apart from the checks it carries out on the nature of its members' sites it links to, SACEM cannot verify the authenticity of the information provided by advertisers. This is the sole responsibility of the users

SACEM plays no part in the financial transactions or the delivery of the products or services offered. SACEM can, under no circumstances, be held responsible in this respect.

6. LIABILITY :

The information published on SACEM's website comes from reputable sources. However, SACEM cannot guarantee that this information is accurate, complete and up-to-date. You are solely responsible for using the information available on this site in a proper manner, using your own judgement and common sense.

SACEM is free to modify, at any time and without notice, the content of the site.

SACEM cannot be held responsible for any damage, direct or indirect, resulting from the use of the website or the total or partial unavailability of the site, due to technical maintenance operations or technical problems of any kind.

Furthermore, the information or documents that you may have to submit using the forms available on SACEM website, of which you should always keep a copy, must not contain any content constituting a criminal offence, which would be contrary to public order or morality, intellectual property rights or personal rights.

You must also refrain from sending any unsolicited advertising or promotional material (spamming), and any content infected with computer viruses.