12.07.2006
INSTRUCTION FOR “VISUAL ART ELEMENTS”
Private Copying
The COMPANY......
(company name, registered office, share capital, company registration no.) represented by ......
(surname, first name, exact position in the company)
hereby declares that it appoints as its representative:
S.C.P.P. (Société Civile des Producteurs Phonographiques), a Civil Law Company incorporated and acting under the regime established by Book III, Title II of the Intellectual Property Code, having its registered office in NEUILLY (92200) at 14 Boulevard du Général Leclerc, the intervening party for the purpose of acceptance of the said instruction by its Managing Director.
The text of this standard instruction of joint interest was adopted by SCPP's Board of Directors on 12 July 2006. Conferring an instruction in accordance with this standard instruction is not a necessary condition for membership of the Society and for remaining a member of the Society.
The represented person gives the representative the exclusive power to:
A. – Collect, or to have collected, all royalties or remuneration for private copying accorded by legislation, international agreements and/or by general or individual contracts concluded by the Society, including by similar overseas private organisations that it has instructed to do so, for elements of visual arts and of text associated with phonograms, music videos and videograms for which the represented person is assigning the management of certain exploitation rights to SCPP, for the part due to publishers of the said elements, as set out in Article L.311-7 of the Intellectual Property Code.
Elements of visual arts and text elements associated with phonograms, music videos and musical or comedy videograms means in particular, but not exhaustively, photographs on record sleeves, on CD booklets, on jackets of audio or video cassettes, on DVD jackets, the textual information included therein and all equivalent elements, whether such phonograms, music videos and musical or comedy videograms are marketed on physical media or as digital files.
The following are expressly excluded from this instruction:
-elements of visual art and text elements of musical works
-remuneration for private copying that may fall into the category of individual management by the producers as part of digital rights management (DRM) systems.
B. – Negotiate, if applicable, the amount of such royalties or remuneration
C. – Distribute the amount of such royalties or remunerationaccording to the conditions set in the Society’s General Regulation or by its Board of Directors.
In order to collect his or her share, each member of the Society must first:
- have declared the phonogram, music video or videogram with which said elements of visual arts and text elements are associated, according to the conditions and timescales set in the Society’s General Regulation and by its Board of Directors,
- have indicated, if applicable, to which similar organisations of right-holders or to which right-holders should be paid a part of the remuneration due to the publisher of the said elements.
D. – And establish, in coordination with similar organisations of right-holders, whether French or overseas, any register, file or database that may facilitate performance of this instruction.
Since this instruction may apply to only a part of the repertoire registered with SCPP by the represented person, it is up to the latter to notify SCPP of any part of his or her repertoire to which this instruction shall not apply, according to the procedures in force.
The represented person may ask for this instruction to be withdrawn at any time, by registered letter with proof of receipt.Withdrawal of the instruction shall take effect at the end of the calendar year following the year in which the represented person notified SCPP of his or her request to withdraw the instruction.
Done at Neuilly on
(in duplicate)
THE REPRESENTED PERSONTHE REPRESENTATIVE: S.C.P.P.
Marc GUEZ
Managing Director
add the words “read and approved”Instruction accepted
Instruction given
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