Collecting Society Projects/France

below you find the Pilot outline as agreed between Creative Commons, Creative Commons France and SACEM. for more information please see the SACEM-FAQ

SACEM – Creative Commons Pilot

The SACEM – Creative Commons pilot aims at enabling the SACEM creative members to promote their works, alongside SACEM management, through the Creative Commons Non-Commercial Licenses on the conditions set out hereinafter, all other forms of use remaining subject to SACEM’s exclusive management in accordance with the provisions of its Statutes and General Regulations.

This pilot will be carried out for an experimental 18-month period as of 1 January 2012. At the end of such period, SACEM members must cease to opt for Creative Commons Non Commercial Licenses for additional works provided, for the avoidance of doubt, that the works that have been placed under this regime during the duration of the pilot will continue to be subject to such regime in accordance with the license and the present pilot terms.

Works licensed under one of the Creative Commons Non-Commercial Licenses at SACEM’s members’ disposal that can be used by SACEM members may not be used in any manner where there is a commercial advantage in consideration thereof.

For the avoidance of doubt, the following uses of works licensed under one of the Creative Commons Non-Commercial License are considered to be commercial at all times and consequently as falling outside the scope of this pilot:

• any use of the work by a for-profit entity;
• any use of the work giving rise to any compensation, whether financial or other, whatever the form, the reason and the motive and whoever the beneficiary;
• any use of the work in order to promote or in connection with the promotion of products or services whatsoever and for the benefit of whomever;
• any use of the work by broadcasting entities as well as in workplaces, stores and retail spaces;
• any use of the work in restaurants, bars, cafes, concert venues and other hospitality establishments;
• any use of the work by an entity as part or in connection with revenue generating activities;
• any exchange of the licensed work for other copyrighted works by means of digital file-sharing or otherwise but only when there are advertising or sponsorship receipts, whether direct or indirect, or payment of any kind in connection with the exchange of copyrighted works.

SACEM will license and collect royalties on behalf of SACEM members for all forms of use that fall outside the scope of the Creative Commons Non-Commercial Licenses delivered pursuant to the terms of this experimental pilot (see section 4.c/d.i of the BY-NC-SA (Attribution-Non-Commercial-Share Alike) and section 4.b/e.i of the BY-NC (Attribution-Non Commercial) and BY-NC-ND (Attribution-Non Commercial-NoDerivs) licenses - version 3.0 France).

SACEM will also license and collect royalties for works licensed by SACEM members under one of the Creative Commons Non-Commercial Licenses whenever such works are used by the same entity in the framework of the same event and/or activity with works under SACEM management that are not so licensed ("mixed use")

Applying a Creative Commons non-commercial license is without prejudice to the acts of private copying authorized by the French Intellectual property Code and the collection of the payment for such private copying (see section 4.c/d.i of the BY-NC-SA (Attribution-Non-Commercial-Share Alike) and section 4.b/e.i of the BY-NC (Attribution-Non Commercial) and BY-NC-ND (Attribution-Non Commercial-NoDerivs) licenses – version 3.0 France).

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