By-laws
Section I - General provisions
ARTICLE 1.
1.1. An individual open-end non-trading company (société civile particulière à capital variable) called "SESAM" is hereby formed by and between the legal entities or natural persons authorized to accede to the present articles of incorporation and bylaws, hereinafter referred to as the "Society". The founding members of the Society shall initially comprise:
- la Société des Auteurs dans les Arts Plastiques et Graphiques (ADAGP), having its principal office located at 11 rue Berryer, 75008, Paris, France.
- la Société des Auteurs, Compositeurs Dramatiques (SACD), having its principal office located at 11 rue Ballu, 75009, Paris, France.
- la Société des Auteurs, Compositeurs et Editeurs de Musique (SACEM), having its principal office at 225 avenue Charles-de-Gaulle, Neuilly-sur-Seine, France.
- la Société Civile des Auteurs Multimédia (SCAM), having its principal office located at 5 avenue Velasquez, 75008, Paris, France.
- la Société pour l'Administration du Droit de Reproduction Mécanique (SDRM), having its principal office located at 225 Avenue Charles-de-Gaulle, Neuilly-sur-Seine, France.
1.2. It is hereby agreed that any legal entity, regardless of nationality, empowered to authorize, in any form or manner whatsoever, the use of a significant repertoire of works by multiple authors capable of being reproduced in multimedia programs as said terms are defined in Article 6 below, shall qualify to become a member of the Society.
ARTICLE 2.
This Society shall be governed by the provisions of Articles 1832 et seq. of the Civil Code (Code civil), Section II, Book III of the Intellectual Property Code (Code de la propriété intellectuelle), Sections III and IV of the Act of July 24, 1867, and the present bylaws and associated general regulations.
ARTICLE 3.
The members themselves shall be bound by the provisions of the present bylaws and general regulations, which require that members also cause their own members, principals or assigns to comply therewith.
Each member hereby agrees to carry out or cause to be carried out all amendments which may be required to its own bylaws, general regulations or, more generally, any internal provision, as a result of its admission to the Society.
Section III - Purpose of the society
ARTICLE 6.
The purpose of the Society is as follows:
- To maintain and strengthen the unity and solidarity of copyright owners and their assigns in connection with the reproduction, performance or any other form of use of their works as part of the creation or use of multimedia programs.
For the purposes of the company bylaws, the expression "multimedia program" shall be taken to mean 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 constitutes works within the meaning of Article L.112-1 of the Intellectual Property Code, it being understood that said data must include different genres, with inter alia: music or sound, text, fixed or moving images, irrespective of the media or means of transmission used (either on-line or off-line, technology now known or hereafter devised).
Radio or television broadcasts of works shall not constitute use of multimedia programs, even when broadcast on request, given that said works or the circumstances of their use do not fulfill the requirements specified in the foregoing paragraph. - To exercise and manage in the name of members, on the basis of the rights which said members have transferred to the Society or of the exclusive license granted for all countries (subject to specific exceptions), all of the privileges attached to the rights of reproduction and performance, or any other intellectual property right, for the works contained in their repertoires, whether original or preexisting, where the reproduction, performance or other use of said works forms part of the creation or purposes of a multimedia program. Accordingly, the Society may authorize or prohibit said reproductions, performances or other uses, define the terms and conditions on which the license will be granted, and collect any royalties owing and distribute them to members.
- To be responsible, in the interests and on behalf of its members, for monitoring cultural, legal, technical and economic developments in all countries liable to have an impact on the Society's stated purpose.
- To defend the material and moral interests of its members, and their own members, in all countries worldwide, falling within the scope of the Society's stated purpose.
- More generally, to carry on any and all activities whatsoever related either directly or indirectly to the corporate purpose stated above and liable to further its continuing achievement or development.
Download the by-laws of SESAM
in their entirety, in PDF format.
