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SESAM

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Digital media

What exactly is a multimedia application?

It is a complex combination of a variety of input -- images, animation, video, music, written or spoken text -- in an interactive presentation.

The applications are non-linear and usually involve some degree of random access. The time and route which users take to move through interactive applications are variable.

A multimedia application can be defined as: "any material form or program which, although not in itself a computer program, incorporates, combines and manipulates, using software which offers interactive possibilities to users, data which constitute works within the meaning of Article L.112-1 of the Intellectual Property Code, it being understood that said data must include different genres, including inter alia, music or sound, text, fixed or moving images, irrespective of the media or means of transmission used (either on-line or offline , technology now known or hereafter devised)."

What repertoires are involved?

Multimedia productions usually include a variety of works from different repertoires: images, photographs, music, etc.

Authors' rights are administered by different authors' societies depending on the repertoire: ADAGP, SACD, SACEM, SCAM, or SDRM. For multimedia (CD-ROMs, Internet), these societies have joined forces under SESAM.

How do I know who the real rights-owners are?

You must be sure you are dealing with the author's rights representative or assign.

For videos and films, this is either a SESAM member society of authors, in which case SESAM grants authorization, or it is the producer who owns the rights and grants authorization.

For music, the rights-owners are the author, composer and publisher of the work; their rights are usually administered collectively by SACEM. As SACEM belongs to SESAM, SESAM grants authorization.

SESAM has forms available (on diskette or paper) which can be completed. SESAM will then find the rights-owners through its member societies (ADAGP, SACD, SACEM, SCAM).

Where can I find information on requirements for authorization?

Requests for information on the rates and terms of licenses for multimedia can be addressed to SESAM, which covers the repertoires of ADAGP, SACD, SACEM, SACM and SDRM.

Who needs to obtain authorization?

Private individuals, non-profit organizations and commercial companies: as suppliers of content, you will all be held liable if you do not have the authorizations required.

You have taken the initiative of copying protected works and making them available to the public. Other parties such as the Internet service provider and host, can also be held liable.

If I only use a few seconds or a few bars of music, I don't have to pay any rights?

No. This widespread rumor is quite unfounded.

As soon as a work is recognizable, an authorization is required for its use, no matter what length is used. Some works registered with SACEM are only a few seconds.

What do I have to do to obtain authorization to use a work in a repertoire administered by SESAM so as to include it in a multimedia format (e.g. cultural, educational or encyclopedia CD-ROMs or video games), and how much should I expect to pay?

The SESAM Web Site provides information on conditions for authorization and rates charged by SESAM for the different repertoires (musical compositions from SACEM repertoire, graphic and visual art works from ADAGP repertoire, documentary works from SCAM repertoire, and drama works from SACD repertoire) and for the different categories of programs that can be copied (e.g. cultural, educational or encyclopedia CD-ROMs and video games).

This site will soon have facilities for making declarations on-line and obtaining the corresponding authorizations.

 
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