The activity of a user of literary and artistic works changes depending on the different markets in the arts industry (e.g. recordings, video cassettes, film, radio, television, CD-ROMs, video games or various Internet services). Many different titles and terms are used: recording producers, video publishers, multimedia publishers, content suppliers etc.
To cover the physical multimedia format used, SESAM has instituted under contract the following definition:
For the purposes of the present agreement, the term "Producer" shall mean the natural person or legal entity entering into contracts with the various authors collaborating on the "multimedia program", and creating the first physical copy of said program and/or proceeding with the first mass reproduction of the medium on which the "multimedia program" is recorded under the trademark or label owned by the producer, or exploited under license, and intended for private use by the public. The producer also decides on the number of copies to be manufactured, issues orders to the manufacturer for this purpose, and receives the corresponding invoices for these orders.
The new storage capacities now widely available with the introduction of the CD-ROM standard and the steady improvement in the power of microprocessors have contributed to the emergence of multimedia programs which include reproductions of many works protected by copyright and offer unprecedented interactive potential.
Drawing on SDRM experience going back over more than sixty years, SESAM can now provide professionals with conditions for authorization using the following approaches:
- SESAM identifies the works reproduced on the medium, making a distinction between those from repertoires managed by SESAM and those outside its administrative scope (e.g. in the public domain or unidentified works),
- SESAM charges the appropriate rates due (a percentage on the sales of the product or, if applicable, a flat fee) calculated using the figures declared by the commercial user.
In general, SESAM must be given a list of all the works you wish to reproduce on the media in question, including the following details:
- the title of the multimedia product,
- the name and/or company name of the producer/publisher,
- the manufacturer stamping the copies,
- the distributor,
- the type of medium (e.g. CD-ROM, Photo-CD, CDI or cartridge),
- the number of copies,
- the retail sales price of the article,
- the commercial area covered,
- all titles of all works to be reproduced (music, still pictures, moving pictures and text) with full names (surname and given names) of the authors...
These declarations may be conducted as part of a contractual procedure if this is a regular part of your business, or on a one-off basis if you only occasionally publish multimedia products. For occasional productions, a declaration form is available, either on paper, or directly on-line.