Notices

Publisher

Société des Auteurs et Compositeurs Dramatiques SACD, a non-trading society with a variable capital, entered in the Paris Trade and Companies Register under number D 784 406 936
Registered office: 11 bis rue Ballu, 75009 Paris – FRANCE
Tel.: +33 (0)1.40.23.44.55

Head of publication : Pascal ROGARD, SACD Director General

Website Hosting :

Axess ONLINE, a limited liability company with a single shareholder and a capital of €150,000, entered in the Paris Trade and Companies Register under number 489 548 065
Registered office : 1, rue Mozart – Espace du Parc - 26000 VALENCE - FRANCE
Tel.: +33.(0)4.75.82.00.80
Web: www.axess-online.com
Contact: contact-online@axess.fr

Electronic Safe Hosting :

Cecurity.com, a limited company with a share capital of €1,089,000, entered in the Paris Trade and Companies Register under number B 434 330 338
Registered office : 75 rue Saint-Lazare - 75009 PARIS - FRANCE
Tel: +33.(0)1.56.56.43.16.21.
Web : www.cecurity.com

e-dpo

GTU

Version #8, 26 december, 2023

The purpose of these General Terms of Use is to specify the conditions for access to and use of e-dpo online service.

Article 1. Definitions

Account: depositor’s own secure electronic space from which he/she identifies him/herself for handling his/her deposits.

Author: a natural person who materially creates a work of the mind.

Co-author: a natural person who jointly contributes to the creation of a so-called joint authorship work.

Depositor: a natural person (being the Author or not of the deposited Work) or a legal entity creating an Account in order take the responsibility of depositing works, either under its own name and/or on behalf of one Author or several Co-authors.

Electronic Safe: a digital storage space in which are deposited digital files which are securely stored along with the data related to the Works they contain. In order to gain access to the secure storage space, the depositor previously has to be identified through his/her account.

File: every digital document (pdf, word, etc.) containing the Work (text, image, video, sound, etc.) being deposited in the Electronic Safe.

Originality: expression of the Author’s creative activity, being a condition of protection of the Work under the Intellectual Property Code.

Related Data: descriptive data of the deposited Work (title and category of the Work, type of medium, first name and family name of the Depositor and Co-authors).

Related Documents: documents generated by e-dpo for each deposit made by the Depositor, namely: deposit certificate, renewal certificate and invoice which are generated upon the deposit or the Work or its renewal. These documents are available on the Depositor’s Account.

Work: original creation being perceivable by the senses.

Article 2. Scope of the e-dpo service

e-dpo is an online work deposit service which is based on the deposit of Files containing Works in an Electronic Safe, in such conditions that they can reliably be stored in a secure and confidential way throughout an initial and renewable period of five years.

e-dpo is a service offered to every Author, whether or not he/she is a member of a collective management organisation, possibly represented by one of them or by a third party which deposits the Work in their own name and on their behalf, regardless of its genre (audiovisual, drama, still image, science, literature, music, multimedia, radio, others) and stage of development (synopsis, scenario, etc.).

e-dpo is a service providing an evidence of the existence of the Work at a given time which can therefore be submitted to a judge as a proof of the anteriority and/or ownership of the Work.

Article 3. Access to the e-dpo services

1. Availability of the e-dpo services: The e-dpo online services are free-of-charge.

2. Access to the e-dpo service, with the availability of the Electronic Safe, is subject to the creation of an Account. The Depositor may only have one active Account. The Account ID is the Depositor's valid e-mail address and the password is the one he/she created when opening the Account in accordance with the requirements of the e-dpo services. The Depositor is solely responsible for the communication of his/her ID and password to third parties, including the authors of the Deposited Works, and for the use that may be made thereof. For the proper management of the Account and deposits, the Depositor must update the information relating to his/her Account and deposits, in accordance with the procedures set out in the paragraph “their rights by data subjects” in the Personal Data section of the e-dpo services.

3. By default, the language used for the Account and the Related Documents is the e-dpo website language used upon the first connection and the creation of the Account (French, Dutch or English). It can be changed at any time by the Depositor from his/her Account. Those documents generated before the change of the related language will remain in the language in which they have been created.

4. The Depositor formally declares that he/she has full legal capacity to subscribe to e-dpo. Failing that, the Depositor shall previously send an e-mail (administration@e-dpo.com) or a letter (SACD, 11 bis rue Ballu, 75009 Paris - FRANCE) containing the authorisation of his/her legal representative(s).

5. Opposability of the General Terms of Use: the Depositor acknowledges that he/she is aware of and accepts these General Terms of Use without reservation when creating his/her Account. The SACD reserves the right to modify them. Subject to Article 6.4 below, each new version, numbered and dated, of the General Terms of Use shall apply as from their publication on the e-dpo website to all open and future accounts and all current and future deposits. The Depositor is therefore encouraged to regularly consult the General Terms of Use in force.

Article 4. Use of the e-dpo Electronic Safe: deposit and renewal

1. The Depositor uploads from his/her Account, into the Electronic Safe, the File containing the Work. One File corresponds to one deposit.

2. The Depositor may enter any file type and format into the Electronic Safe. The maximum size of each File is 150 Mo. Each File can be compressed. Compression has no effect of the value of the deposit. When the Work comprises several files, to ensure the legal validity of the deposit it is advised to compress the files in order to get a single File having a size under 150 Mo. e-dpo does not make any check in that respect.

3. The Depositor may make an unlimited number of deposits in the Electronic Safe.

4. Once the File is entered into the Electronic Safe, the Depositor cannot download it so as to ensure the legal validity of the deposits. He/she can however access the history of his/her current deposits and related data and invoices from his/her Account throughout their validity period.

5. The Depositor can renew the deposit at any time for a further validity period provided it is made no later than three months after the expiry date of the current validity period.

6. One month before the expiry date of the deposit, the Depositor will receive an –mail at his/her address, notifying him/her such expiry date. Failing to renew within the month following the first alert e-mail, the Depositor will receive a second alert e-mail at his/her address on the expiry day. Failing to renew within the three months following the deposit expiry date, the Depositor will receive an e-mail at his/her address, notifying that the deposit is no longer valid.

7. Every Author who is not a Depositor of the Work may also apply for the renewal of the deposit at any time and no later than three months after the deposit expiry date. The application should be sent by postal mail (SACD, 11 bis rue Ballu, 75009 Paris - FRANCE) along with the cheque for the settlement of the renewal, together with a copy of his/her identity document and the deposit certificate which the Depositor must communicated to the former according to the obligation set out in Article 10.2 below.

8. If the deposit is not renewed and unless a request for return is made under the terms and conditions set out in Article 11 below, the File and the Related Data will be automatically and securely destroyed, subject to the corresponding invoice that the Depositor may consult on his/her Account during one year after the file has been destroyed.

Article 5. Duration

The deposit validity period is five years as from its registering defined in Article 8.3 below. This duration can be renewed at any time for another five-year period.

Article 6. Rates

1. All rates (single deposit, subscription and renewal) are available in the “RATES” tab of our website.

2. The subscription for three deposits is valid for three years. Accordingly, the Depositor may deposit two further deposits free of charge during the three-year period following the first deposit. If the Depositor does not fully use his/her subscription during the three-year period as from the first deposit, then he/she will receive an alert e-mail at his/her address four months before the expiry date. If the Depositor has not fully used his/her subscription within the month following the first alert e-mail, he/she will receive a second alert e-mail at his/her address three months before the expiry date. If the Depositor has not fully used his/her subscription before the expiry date, then he/she will receive an e-mail at his/her address, on the offer expiry day, notifying the expiry of his/her subscription.

3. e-dpo reserves the right to change its pricing policy for deposits and renewals at any time. The change is brought to the Depositor’s attention on the e-dpo website and upon the deposit of a Work or a renewal. It is applicable to all the deposits and renewals made after its coming into force.

Article 7. VAT

1. A Depositor residing in France or having his/her registered office in France is liable to pay VAT.

2. A Depositor being a legal entity having its registered office in the European Union (apart from France) can reclaim the VAT by entering its intracommunity VAT number (Article 196 of the VAT 2008/8/EC Directive, dated 12 February 2008). e-dpo is not responsible for the validity of the entered intracommunity number and makes no check in that respect. In case of an input error, the Depositor can change his/her intracommunity number from his/her account.

3. A Depositor who resides or has its registered office outside the European Union is not liable to the 20 % VAT.

Article 8. Terms and conditions of payment

1. The Depositor makes the payment of his/her deposit (on a per-deposit or flat-flee basis) or its renewal through the Société Générale’s Sogenactif remote payment system, the exchanges of which are secured by an SSL protocol. The Depositor may use the CB, Visa or Mastercard credit cards.

2. The Depositor expressly acknowledges that his/her validation of payment is tantamount to an authorisation to debit his/her bank account with an amount equal either to the rate applicable to the deposit he/she has selected or the renewal rate.

3. Debiting the depositor‘s bank account means registering the deposit or the renewal which immediately becomes effective, regardless the exercise of the Depositor’s right of withdrawal provided for in Article 9 below.

4. As soon as the deposit or renewal is validated, the Depositor receives the related invoice at his/her e-mail address; he/she can also download the invoice from his/her Account throughout the deposit validity period, then during the year following the expiry date of the deposit or last renewal.

5. Pursuant to Articles 289 of the French General Tax Code and L.123-22 of the French Commercial Code, a copy of the invoice is kept for ten years in a secured safe.

Article 9. Right of Withdrawal

1. The Depositor has a period of 14 days as from the date of deposit or renewal, as defined in Article 8.3, to exercise his/her right of withdrawal. He/she must send his/her request by e-mail to: administration@e-dpo.com, accompanied by the deposit certificate, a copy of his/her identity document and, if applicable, the written agreement of the co-authors and a copy of their identity document.

2. Upon receipt of the request for withdrawal and at the latest within 14 days of receipt, e-dpo shall cancel the deposit or renewal concerned; return the File of the Work to the Depositor and refund the corresponding amount to the bank account used to pay for the deposit or renewal.

Article 10. Evidences of deposit and renewal

1. As soon as the deposit or the renewal has been validated, the deposit or renewal certificate is e-mailed to the Depositor who can also download it from his/her Account throughout the deposit validity period.

2. When the Depositor is not the author of the Work contained in the File or is a Co-author Depositor, he/she has to forward the deposit or renewal certificate to the Co-authors of the Work in order to inform them of the existence of the deposit and the terms and conditions thereof.

3. The depositor may commission a bailiff to take a copy of the Work contained in the File, with the written consent of the Co-authors of the Work and copies of their identity documents.

4. Every Author who is not the Depositor of a deposited Work may commission a bailiff to access the related File, with the written consent of the Depositor and of the Co-authors of the Work and a copy of their identity documents.

5. The bailiff alone is empowered to take a copy of the Work by downloading the related File onto a device which he/she possesses. The bailiff access to the File of the Work does not invalidate the anteriority date of the deposit nor its storage up to its expiry date.

6. For those deposits regarding France and every other country but Benelux, the bailiff access to the File of the Work takes place in the SACD premises, at 11 bis rue Ballu, 75009 Paris – FRANCE (tel.: +33.(0)1.40.23.44.55), knowing that the SACD authorised personnel has no access to the Work.

7. For those deposits regarding Benelux, the bailiff access to the File of the Work takes place in the Maison des Auteurs premises, rue du Prince Royal, 871050 Brussels (tel.: +32.(0)2.551.03.20 or 21), knowing that Maison des Auteurs personnel has no access to the work.

8. Every bailiff may, in the same conditions, access the deposit as an enforcement of a court decision.

Article 11. Returning the deposit

1. During the deposit validity period and within the three-month period following its expiry date, the Depositor may request the return of the File containing the Work.

2. He/she shall send his/her request either by e-mail (administration@e-dpo.com ) or by post (SACD, 11 bis rue Ballu, 75009 Paris - FRANCE), along with the deposit certificate, the Co-authors’ written consents, the copy of his/her identity document and those of the Co-authors.

Every author who is not the Depositor of the deposited Work may, in the same conditions, ask e-dpo to return the File of the Work under the terms and conditions defined above.

3. As from the return of the File, e-dpo will delete all information on the deposit. The Depositor and the Co-authors then lose the proof of anteriority and of ownership with respect to the deposited Work, which, accordingly, they can no longer submit to a judge. The Depositor must inform the co-authors of the Work of the consequences of the return before obtaining their consent.

4. Returning the File of the Work does not imply reimbursement of the deposit or renewal cost by e-dpo.

Article 12. Closing the Account

1. The Depositor may, at any time, request the deletion of his/her Account. It involves automatically destroying the current deposits. The Depositor and the Co-authors of the deposited Works then lose the proof of anteriority and of ownership which, accordingly, they can no longer submit to a judge.

2. The Depositor shall send his/her request either by e-mail (administration@e-dpo.com ) or by post (SACD, 11 bis rue Ballu, 75009 Paris - FRANCE), along with the deposit certificate and the copy of his/her identity document. He/she must inform the Author(s) of the deposited Work(s) about the consequences of the deletion of the Account with respect to the proof of deposited Works before obtaining their written consent which he/she shall attach to his/her application for deletion of Account, along with the copies of their identity documents.

3. In case of no connection to the Account over a continuous period of twelve consecutive months and if no valid deposit is made in the Electronic Safe during that period, the Account is automatically deleted. Upon expiry of the twelve consecutive months, the Depositor receives at his/her address an e-mail notifying him/her the inactivity of his/her Account and its deletion after the next thirty days, failing any connection within that time. Upon expiry of the thirty-day deadline and in the absence of any connection within that time, the Depositor receives at his/her address an e-mail notifying him/her ohe deletion of his/her account.

4. The Depositor may subsequently and at any time create a new Account.

Article 13. Information about the deposit of Works

1. The deposit is not an act of attribution of any right. It provides an evidence for the anteriority and ownership of a Work. As such, only a copy of the Work must be deposited and the Depositor must keep the original of the Work on an inalterable medium.

2. The deposit does not make it possible to prejudge the Originality of the Work contained in the File, which the judge alone can assess.

3. Making a new deposit is advisable in case of changes or amendments in the deposited Work in order to provide a corresponding means of proof.

4. The title of the deposited Work may not be modified so as to ensure the legal value of the deposit.

5. The deposit does not imply membership of the Depositor and of the Authors of the Work to the SACD or any e-dpo’s partner Societies.

6. Only the voluntary membership of the Depositor and the registration of the Work with the competent collective management organisation will allow royalties resulting from its exploitation to be collected and distributed.

Article 14. Warranties and liabilities

1. e-dpo guarantees, through the supplier of the Electronic Safe, the security, confidentiality and respect for the integrity of the File containing the Work throughout the duration of the deposit.

2. e-dpo guarantees the proof of the day and time of the deposit made by the Depositor, where needed in the name and on behalf of the Co-author(s).

3. e-dpo guarantees it can at any time return the File in the same condition as upon its entry into the Electronic Safe.

4. e-dpo guarantees it never becomes acquainted with the File content. Accordingly e-dpo does not make any check for the readability of the File deposited by the Depositor in the Electronic Safe for which he/she is responsible.

5. e-dpo is not responsible for the content of the File; in particular, e-dpo cannot be held liable for its possibly illegal or unlawful nature, especially the counterfeiting nature of the Works deposited in the Electronic Safe. As such, the Depositor guarantees the custodian against any or all proceedings or claims which would be instituted under the intellectual property rights protecting the deposited Works.

6. e-dpo is not responsible for the accuracy and legality of the information provided by the Depositor. Pursuant to the legal definition of the author both in French law and in these General Terms of Use, e-dpo is not liable, in particular, for the registration of the legal entity Depositor as the Author of the deposited Work.

7. The deposit is confidential and is made under the full responsibility of the Depositor and the Authors of the Work. In that respect, the Depositor certifies he/she is allowed by the Authors to deposit the Work into the Electronic Safe.

8. e-dpo cannot be held liable for the non-performance or improper performance of the deposit contract when it is due to the Depositor, the unpredictable and insurmountable fact of a third party or a case of force majeure.

9. Should the File of the Work and/or the Related Data be lost, destroyed or damaged, if it happens that the e-dpo’s liability is incurred, then this liability shall not exceed the cost of the deposit in effect on the date when the incurred loss was determined provided that no prejudicial effect has been caused. In case of a deposit on a flat-fee basis, the relevant cost of the initial deposit amounts to one third of the flat-fee price in effect on the date of the loss.

Article 15. Interruption of the e-dpo service

1. The e-dpo services are accessible 7 days a week and 24 hours a day, subject to the following provisions.

2. e-dpo undertakes to take the necessary steps so that the continuity of e-dpo is preserved, subject to interruptions which are liable to occur due to any reasonable cause, particularly for such reasons as the website maintenance and updating, a judge’s decision or circumstances of force majeure, which do not result in any eligibility to the payment of a compensation.

Article 16. Assistance and contact

1. e-dpo provides an online help in the form of frequently asked questions.

2. A contact form is provided by e-dpo for asking every questions about the operation of the service.

3. An assistance is provided by e-dpo in case of difficulty being encountered by the Depositor. Please use the contact form.

Article 17. Miscellaneous provisions

The fact that one party of the deposit contract does not request the application of any provision from the General Terms of Use or does not question its non-performance – be it permanent or temporary – shall not be construed as a renunciation, by that party, of the rights if holds which arise from the said provision.

Any dispute with respect to the interpretation or enforcement of these General Terms of Use shall be governed by the French law and be settled by a competent court in Paris, subject to the compliance with the mandatory provisions of national and international legislations relating to the governing law and competent court.

PERSONAL DATA

Processing of personal data: responsible, legal basis and purposes

As part of the e-dpo online filing services, the SACD collects and processes personal data as data controller (11 bis rue Ballu, 75009 Paris - FRANCE).

  • In accordance with the General Terms of Use of the e-dpo online services ("e-dpo.com"), the SACD processes the personal data of the Depositor (family name, first name, postal address, e-mail address, telephone number, bank details) for the purpose of creating his/her Account and accessing the e-dpo services.
  • These personal data as well as, if any, those of the Co-authors of the Works deposited by the Depositor (their family name and first name) are processed for the purpose of managing the deposits, in accordance with the General Conditions of Use.
  • In the legitimate interest of the SACD to provide any information and assistance related to the e-dpo online services, and in particular its operation, the SACD collects and processes the personal data of those persons who send the completed online contact form (family name, first name, e-mail address, country of residence) in order to respond to their request.

All fields marked with an (*) must be completed: the corresponding information is necessary for the SACD to carry out the purposes for which the data concerned are collected.

Recipients of personal data

Only the following persons have access to the personal data processed in the framework of the e-dpo services, within the limits of their respective powers: i) the authorised personnel of the SACD, ii) the authorised personnel of La Maison des Auteurs in Brussels (an association whose members are SACD Belgium, SCAM Belgium, SOFAM and deAuteurs), iii) the IT service providers who act on behalf of the SACD, iv) the bailiffs who act to make statements at the request of Authors or a judge.

Retention periods of personal data

Personal data is kept:

  • During the validity period of the Account (data necessary for its management),
  • During the validity period of the deposit (data relating to each deposit) and then for a period of three months from the expiry date of the deposit, and during the year following that date (data relating to invoices).

Exercise of their rights by data subjects

In accordance with the regulations relating to data protection (European Regulation No. 2016/679 of 27 April 2016 known as the "General Data Protection Regulation" or "RGPD", applicable as from 25 May 2018, and Law No. 78-17 of 6 January 1978 on Data Processing, Files and Freedoms as amended), any person whose personal data are processed by the SACD as part of the e-dpo online services has the following rights: access, rectification, erasure (right to forget) and portability of data, objection and restriction of processing, right to define general or specific guidelines concerning the fate of personal data after death (storage, erasure, communication, etc.).

These rights can be exercised at any time:

- By the Depositor:

  • From his/her Account. In particular, he/she may change the following information: intra-Community VAT number (e.g. in the event of an error when creating his/her Account), membership of an authors' society (e.g. in the event of subsequent membership), language in which the Account is managed, his/her e-mail address, telephone, postal address, country of residence and password.
  • By written request to e-dpo by e-mail (administration@e-dpo.com ) or by post (SACD - Service Dépôt, 11 bis rue Ballu, 75009 Paris - FRANCE). In particular, the Depositor may request the modification of the following information in the deposit: category and genre of the Work, addition or deletion of a co-author, by attaching to his/her request a copy of his/her identity document and, where applicable, that of all the co-authors associated with the Work concerned.

- By any person (Depositor, Co-author, user of the contact form):

  • To e-dpo, by electronic means (administration@e-dpo.com ) or by post (SACD - Service Dépôt ,11 bis rue Ballu, 75009 Paris - FRANCE),
  • To the SACD Data Protection Officer by e-mail (dpo@sacd.fr ) or by post (SACD - DPO, 11 bis rue Ballu 75009 Paris - FRANCE).
  • In the event of a complaint, the French “Commission nationale de l'informatique et des libertés” (CNIL) may also be consulted.

Lastly, any person may register on the telephone canvassing opposition list entitled "BLOCTEL".