# Primary Sources on Copyright - Record Viewer

PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

SACEM's act of constitution, Paris (1851)

Source: N/A

Citation:
SACEM's act of constitution, Paris (1851), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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            Chapter 1 Page 4 of 8 total




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      The Syndicate will determine the internal administrative regulations that are to apply among its members.
      It will draw up a separate agreement with the Agent-General:
      1° Regarding the mode of collection and the proportion of royalties to be collected;
      2° Regarding the commission or the royalty entitlement of the Agent with a view to his remuneration;
      3° For the general expenses of the Society which might be left to the care of the aforementioned
Agent.
      A record of the proceedings will be maintained by an employee of the Agent in the capacity of
secretary.

Responsibilities of the Syndicate

      ART. 15 – The Syndicate will represent the Society in all conventions, acts, legal proceedings, disputes
and circumstances which are of concern to it.
      It will negotiate, contract, litigate, compromise, and commit in the name of the Society, and will conduct
all administrative dealings: it will conclude with all establishments or entrepreneurs of whatever sort the agreements
which are to determine the royalties of authors, composers, and publishers of music.
      It will ensure the fulfilment of such agreements, both by members of the Society, and by third parties which
shall have entered into dealings with the Society.
      It will authorize and follow through all legal proceedings which any member of the Society may happen to
institute as a result of some performance of his works or musical properties [propriétés musicales] and the royalties
duly ensuing therefrom. These proceedings will be instituted or upheld upon the request of members of the Syndicate
or its representative, or also at the discretion of the Syndicate, upon the request of authors, composers and publishers
,
or of one of the latter, as demanded by the particular case, and in all cases through the agency of the Agent-General,
the expenses being borne by the Society.
      However, the Syndicate must not initiate any legal proceedings without obtaining beforehand the advice of the
judicial council that is to be consulted in this regard.
      The Syndicate will supervise the collection of royalties due to members of the Society, which is to be carried out
by the Agent-General. It will dispose of all the Society funds and decide how these are to be invested, transferred, and
employed.
      It will authorize any expenses incurred by the Agent-General, will accord the remedies that are invoked by members
of the Society, their widows or heirs.
      It will give its formal approval to all transfers of income, sign these and collect the required fee.

      ART. 16 – Every member of the Society, by virtue of signing up to the present articles, assigns to the members of
the Syndicate a special mandate whereby it may initiate on the former's behalf and upon his request, but at the expense
of the Society:
      1° Any proceedings which he might personally have vis-à-vis third parties, following the public performance [audition]
of his works or musical properties [propriétés musicales] and the royalties ensuing from said performance;
      2° Any proceedings which concern all members of the Society and which it would be helpful to undertake upon the
the request of all or several of the latter.
      The Syndicate shall have the right to replace, under the terms of the present mandate, all agents, solicitors, barristers
and counsels for the defence at the courts of first instance, appeal or cassation, or before arbitrating judges.


    


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