Notices

This website is edited by the SCALA SARL company, which is registered in the Paris Trade and Companies Register under number 383 353 174.
Head office: SCALA
Address: 11 bis rue Ballu 75009 PARIS
Phone: + 33 (0)1 40 23 46 72
e-mail: marie-agnes.landeau@sacd.fr

Editor: Jean-Louis Blaisot, manager

This site is hosted by Cecurity.com, 75 rue Saint Lazare 75009 Paris,
phone: 01.56.43.16.21., www.cecurity.com

Ownership of contents as published on www.e-dpo.com:

The contents (text, logo, tradename) as published on www.e-dpo.com are protected under the national and international provisions with respect to Intellectual Property.
Subject to the provisions of Articles L 122-5, L 211-3 and 342-3 of the Intellectual Property Code, no part of these contents may be reproduced without prior approval.

 

GTU

These General Terms of use are agreed upon by and between:

SCALA, a limited liability company with a share capital of €76,224.51, registered with the Paris Trade and Companies Register under number 383 353 174, with its registered office located at 11 bis rue Ballu in Paris (75442), the e-dpo manager on behalf of the Partner societies, namely SACD France and the Maison des Auteurs in Brussels, an association whose members are SACD Belgium, SCAM Belgium, SOFAM and deAuteurs on the one hand,

AND

Every natural or legal person who wants to enjoy the e-dpo service being offered for depositing works in a secure electronic safe on the other hand,

The e-dpo Internet site is hosted by Cecurity.com (www.cecurity.com), a limited company with a share capital of €1,089,000 euros, registered with the Paris Trade and Companies Register under number B 434 330 338, with its registered office located at 75 rue Saint-Lazare in Paris (75009).

Article 1. Definitions

Account: depositor’s own secure electronic section from which he/she identifies him/herself for handling his/her deposits. Access to that section can only be gained through the combination of the depositor’s e-mail address and password.

Author: a natural person who materially creates an intellectual work.

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

Depositor: a natural person (either the deposited work author or someone else) or a legal entity creating an account in order take the responsibility of depositing works, either under its own name or on behalf of one or several co-authors.

Electronic safe: a service provided for depositing 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.) and being deposited in the electronic safe.

Originality: expression of the author’s creative activity, work protection condition under the Intellectual Property Code.

Related data: deposited work descriptive data (work title and category, medium type, depositor’s and co-authors’ names).

Related documents: deposit certificate, renewal certificate and invoice as generated upon the work deposit or the renewal. These documents are available on the depositor’s account.

Work: original creation, being perceivable by the senses.

Article 2. Scope

e-dpo is an on-line work deposition service which is based on the deposition of files containing the works in an electronic safe, in such conditions that they can reliably be stored in a secure and confidential way as long as set out in Article 5 of these General Terms of use.

e-dpo is a service offered to every author, whether he/she is an affiliate of the Partner Societies or not, possibly represented by one of them or by a third party which deposits the work in their own name or on their behalf whichever the work genre (audiovisual, drama, still image, science, literature, music, multimedia, radio, others) and development stage (synopsis, scenario, etc.) may be.

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

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

The depositor acknowledges that he/she has read and understood and unconditionally accepts these General Terms of use, which are freely accessible on the e-dpo website (www.e-dpo.com).

Article 3. Availability of the e-dpo electronic safe

1. The electronic safe is made available free of charge. The access fees for the e-dpo website shall be borne by the depositor.

2. The availability of the electronic safe implies the creation of an account. The depositor may have only one active account.

3. The account identifier is the valid e-mail address of the depositor who formally accepts its use within the context of e-dpo, particularly for the electronic communications involved by the service (deposit confirmation e-mail, alerts with respect to deposition or subscription deadlines, etc.).

4. The depositor formally declares that he 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 (SCALA, 11 bis rue Ballu, 75009 Paris) containing the authorization of his/her legal representative(s).

5. The depositor is solely responsible for the communication of his/her identifier and password to third parties, including the authors of the deposited works, as well as for the potential use thereof.

6. By default, the language used for the account and the related documents is the e-dpo website language 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 which will have been generated before the change of related language will remain in the language in which they have been created.

Article 4. Using the e-dpo electronic safe : deposition and renewal

1. The depositor uploads from his/her account, into the related electronic safe, the files containing his/her works. One file corresponds to one deposit.

2. The depositor may enter any file type and format into his/her electronic safe. The maximum size of each file is 150 Mo. Each file can be zipped. Zipping has no effect of the value of the deposit. When the work comprises several files, then it is advisable to zip them in order to get a single file having a size under 150 Mo and accordingly ensuring the legal validity of the deposit. e-dpo does not make any check in that respect.

3. The depositor may deposit an unlimited number of works in his/her electronic safe.

4. Once the files are entered into the electronic safe, the depositor cannot download them; accordingly, the legal validity of the deposits is ensured. He/she can, however, refer to the history of his/her current deposits, as well as to the 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 and 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 after 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 after 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 the work depositor 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 (SCALA, 11 bis rue Ballu, 75009 Paris) along with the cheque for the settlement of the renewal, together with a copy of the deposit certificate and an ID document.

8. If the deposit is not renewed and unless it is asked to return the file containing the work, it will be securely deleted, as well as the related data. The depositor, however, will have an access, from his/her account, to the deposit-related data during one year after the file has been destroyed.

Article 5. Duration

The deposit validity period is five years. It can be renewed at any time for another five years.

Article 6. Rates

1. The unit cost per deposit is €20 incl. VAT.

2. The subscription for three deposits amounts to € 40. 00 incl. VAT. It is valid for three years. Accordingly, the depositor may deposit two further deposits free of charge during the three years following the first deposit. If the depositor does not fully use his/her subscription during the three years after 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 after 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 an e-mail at his/her address, on the offer expiry day, notifying the expiry of his/her subscription.

3. The unit cost of the renewal per deposit is €10. 00, incl. VAT.

4. 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 deposition 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 out of the European Union is not liable to the 20 % VAT.

Article 8. Terms of payment

1. The depositor makes the payment of his/her deposit (on a per-deposit or subscription basis) or its renewal through the Société Générale’s Sogenactif remote payment system, the exchanges of which are made 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 authorization 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. Debitting the depositor‘s account means registering the deposit or the renewal which immediately becomes effective, without any possible withdrawal of the depositor, who accepts it.

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.

5. If no renewal is made, then the deposit-related invoice is available from the depositor’s account during one year after its expiry date.

6. Pursuant to Articles 289 of the General Tax Code and L. 123-22 Commercial Code, a copy of the invoice is kept for ten years in a secure safe held by e-dpo.

Article 9. 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 thereof, he/she has to forward the deposit or renewal certificate to the work co-authors to inform them about the deposit existence and conditions. e-dpo cannot be held responsible in that respect.

3. The depositor may commission a bailiff to gain access to the work contained in the file and make a copy thereof, with the written consent of the work co-authors and copies of their ID documents

4. Every author who is not the depositor of a deposited work may commission a bailiff to gain access to the related file with the written consent of the depositor and the work co-authors and copies of their ID documents.

5. The bailiff alone is empowered to take a copy of the work by downloading the related file onto a hardware which he possesses. The bailiff access to the work file does not invalidate the deposit priority date 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 work file takes place in the SCALA premises, at 11 bis rue Ballu, 75009 Paris (tel. : + 33 (0)1 40 23 44 55), without any access of the SCALA staff to the work.

7. For those deposits regarding Benelux, the bailiff access to the work takes placez in the Maison des Austeurs premises, rue du Prince Royal, 871050 Brussels (tel : + 32 (0)2 551 03 20 or 21), without any access of the Maison des Auteurs staff to the work.

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

Article 10. Returning the deposit

1. During the deposit validity period and within the three months after its expiry date, the depositor may request the return of the file containing the work, subject to the co-authors’ prior written consent.

2. The file return before the expiry date is tantamount to cancelling the deposit. As from the file return, e-dpo deletes all information on the deposit. Both depositor and co-authors then lose the proof of anteriority and ownership with respect to the deposited work, which, accordingly, they can no longer submit to a judge. The depositor should inform the co-authors of the work(s) about the consequences of the return before obtaining their consent.

3. The depositor shall send his/her request either by e-mail (administration@e-dpo.com) or by post (SCALA, 11 bis rue Ballu, 75009 Paris), along with the deposit certificate, the co-authors’ written consents, the copy of his/her ID document and those of the co-authors.

4. Every author who is not the depositor of the deposited work may, in the same conditions, apply to e-dpo for the return of the work file, subject to the co-authors prior written consent and in accordance with the procedure as set out in Article 8.2 & 3 above.

5. Returning the work file does not imply any reimbursement of the deposit or renewal coast by e-dpo.

Article 11. Closing the account

1. The depositor may, at any time, request the deletion of his/her account. Deleting the account involves automatically destroying the current deposits. The deposited work depositor and co-authors then lose the proof of anteriority and 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 (SCALA, 11 bis rue Ballu, 75009 Paris), along with the deposit certificate and the copy of his/her ID document. He/she should inform the author(s) of the deposited work(s) about the consequences of the deletion of the account with respect to the proof of the relevant works before obtaining their written consent which he/she should attach to his/her application for closure of account, along with the copies of their ID 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 the expiry of the twelve consecutive months, the depositor receives at his/her address an e-mail notifying him/her of the inactivity of his/her account and its deletion after the next thirty days, failing any connection within that time. Upon the 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 of the deletion of his/her account.

4. The depositor may subsequently and at any time create a new account.

Article 12. Information about work deposit

1. The deposit is not an act of attribution of any right. It provides an evidence for work anteriority and ownership. As such, only will a work copy be deposited and the depositor shall 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 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 related evidence.

4. Depositing a work does not involve membership of the work depositor and authors in the e-dpo’s Partner Societies.

5. Only will the voluntary membership of the author in and the work registration with the suitable Partner Society will allow royalties resulting from its exploitation to be collected and distributed.

Article 13. Warranties and liabilities

1. e-dpo guarantees, through the electronic safe supplier, the security, confidentiality and the 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, under the name(s) and on behalf of the co-author(s), where needed.

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 which the depositor he/she is liable.

5. e-dpo is not responsible for the file content; in particular, e-dpo cannot be held liable for the possibly illegal or unlawful nature of the file content, especially the counterfeiting nature of the works being 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/or the work authors. 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 contract when it is due to the depositor, the unpredictable and insurmountable fact of a third party or a case of force majeure.

9. If ever the word file and/or the related data is/are lost, destroyed or damaged, if it happens that the e-dpo’s liability is incurred, then it 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 falling within the subscription, the relevant cost of the initial deposit amounts to one third of the cost of the subscription in effect on the date of the loss.

Article 14. Interruption of the e-dpo service

1. The account is accessible 7 days a week and 24 hours a day, subject to the aforesaid 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 15. 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 a technical difficulty being encountered by the depositor. That takes place during the service time slots, i.e. 9:30 to 5:00 p.m. from Monday to Thursday - 9:30 to 4:00 p.m. on Friday.

Article 16. Personal data and work data

1. In accordance to the law of 6 January 1978, as amended in August 2004, relating to computer technology, data files and civil liberties, the e-dpo website has been registered in the register of the Correspondant Informatique et Libertés (CIL) of SACD, of which SCALA is a branch. The personal data submitted to e-dpo are collected, processed and stored in accordance with the aforesaid law. The data are exclusively used for managing the deposits. They are neither transmitted, nor transferred, nor leased to other third parties but the Partner Societies. All the fields marked with an (*) must be completed. If no answer is provided in any of the mandatory fields, no action will follow on this case.

2. In accordance with the loi Informatique et Libertés of the 6 Januaryr 1978 as amended in August2004, the depositor has rights of access, query, rectification, deletion to/of the data he/she has submitted, which rights can be exercised with the CIL due to any reasonable cause, either by e-mail (cil@sacd.fr) or by post (SCALA – Correspondant Informatique et Libertés – 11 Bis , rue Ballu, 75009 PARIS), attaching a copy of his/her ID document.

3. The depositor guarantees e-dpo against any or all proceedings or claims which would be instituted due to the communication of third parties’ personal information.

4. For a proper handling of the deposit, the depositor shall update all the information relating to the deposit, particularly the personal data, through e-dpo as necessary.

5. The depositor can modify the following information from his/her account: the intracommunity VAT number (e.g. in case of a mistake when creating his/her account), his/her membership of a society of authors (e.g. in case of a subsequent membership), the account handling language, his/her e-mail address, his/her phone number, his/her country of residence, his/her postal address and his/her password.

6. The depositor may ask e-dpo to change the following information in the deposit: the work category and genre, the addition or deletion of a co-author. The depositor will send his/her request either by e-mail (administration@e-dpo.com) or by post (11 bis rue Ballu, 75009 Paris), attaching the copy of his/her ID document and those of all the work co-authors.

7. The depositor may ask e-dpo to modify the following information in his/her account: his/her/its status (person or company), his/her full name or the name of his/her company. The depositor will send his/her request either by e-mail (administration@e-dpo.com) or by post (11 bis rue Ballu, 75009 Paris), attaching the copy of his/her ID document.

8. In order to ensure the legal validity of the deposit, the title of the deposited work may not be amended.

Article 17. Miscellaneous

1. e-dpo reserves the right to change the formulations, conditions and mentions in these General Terms of use. Subject to the provisions of Article 6.4 above, the General Terms of use are enforceable as soon as they are placed online on the e-dpo website for all the current or future accounts and deposits. Accordingly, the depositor is encouraged to regularly visit the prevailing General Terms of use.

2. The fact that one party or another one does not request the application of one 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 which arise from the said provision for it.

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

2017/07/07 - V4

CNIL

a. Personal data
The e-dpo website was stored in the register of the SCALA's Correspondant Informatique et Libertés (CIL), according to the law of 6 january 1978, as amended in August 2004, on data processing, data files and individual liberties.
Your own personal data which you submit to e-dpo are collected, processed and stored in accordance with said law.

These data are used for the sole purpose of handling your deposits. They are neither passed on nor assigned no leased to third parties other than the e-dpo partners, namely SACD and the Maison des Auteurs (SACD Belgium, SOFAM and deAuteurs).

All those fields marked with an (*) are mandatory. A failure to fill in any of the mandatory fields will result in a nullification of your procedure.

The information about the content of this deposit is entered as submitted by and under the responsibility of the applicant; e-dpo may not be rendered liable for its content.

b. Rights of access
Under the Loi Informatique et Libertés law of 6 January 1978 as amended in August 2004, you have the right to access, query, amend, delete you personal data through the Correspondant Informatique et Libertés- CIL, who is shared between e-dpo, SCALA and SACD, either by a regular mail to be sent to: SCALA – Correspondant Informatique et Libertés – 11 Bis , rue Ballu 75009 PARIS, or by an e-mail to: cil@sacd.fr attach a copy of your identity document to your application).