1. General rules
All provisions of Sabam’s Articles of Association and General Rules remain fully applicable.
2. Privacy Protection
Sabam and its employees undertake to ensure that any transfer and processing of personal data complies with the requirements of the Belgian law on the protection of privacy with regard to the processing of personal data as well as with all additional conditions provided for by Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Sabam’s “Privacy policy” can be consulted at following address https://www.sabam.be/en/privacy-policy. The person concerned can obtain further information about this regulation and the exercise of his/her rights by contacting our Data Protection Officer per e-mail to dpo@sabam.be.
3. Definition of the service
The “Sabam AIR” (AIR - Automatic Image Recognition) service consists in uploading the images of the works from Sabam’s visual, graphic and photographic repertoire into a digital database and this within the framework of Cisac’s AIR project, which proposes an automatic identification service of the disseminated and reproduced works. This digital uploading service of the visual, graphic and photographic repertoire is being set up in order to enable Sabam and its sister societies, members of Cisac, to track the exploitations of this repertoire and this within the framework of their collection and distribution duties of the royalties.
Within the framework of this service, the right holders of the visual, graphic and photographic works belonging to Sabam’s repertoire are invited to communicate to Sabam images in digital format of their works.
Thanks to this service, Sabam will be able to participate, within the framework of Cisac’s Air project, to the creation of a database made up of images in digital format of the visual, graphic and photographic works. This database and its content may only be used within the framework of Cisac’s AIR project and for the sole purpose of identifying the works of the visual, graphic and photographic repertoire of the management societies participating to the Cisac AIR project that are being disseminated and reproduced.
The “user” of this service is any Sabam associate member, moral or natural person, who wishes to use Sabam’s AIR Service and who is a right holder of a work of the visual, graphic and photographic arts.
When the Sabam associate member is a moral person with the capacity of intellectual right owner, only the author can be the user of this service.
4. Definition of the works of which the reproductions can be uploaded digitally
All works can be subject, through this service, to a digital uploading of their image on condition that:
1. The works belong to the category “works from the visual, graphic and photographic arts”;
2. At least one of the work’s right holders be a Sabam associate member;
Only the works’ right holders who are associate members of Sabam can send to Sabam a digital fingerprint of their works.
5. Guarantee
No royalties will be owed for the digital reproduction of the works when uploading their image, as the objective is to set up a database that is necessary for Sabam and its sister societies in their collection and distribution duties.
The right holders who send to Sabam the digital fingerprints of their works undertake to be right holders in the works and to have obtained all required authorizations with the possible other right holders concerned by the digital reproductions of these works so that Sabam, its sister societies and Cisac can do free of charge all required operations with a view to putting the database made up of the digitalized reproductions at the disposal of the AIR (Automatic Image Recognition) technology in order to track the dissemination of visual, graphic and photographic works of the repertoire of the management societies that are part of the Cisac Air project.
Sabam, its sister societies and Cisac will not be liable for any royalties within the framework of the exploitation of this database. These operations only allow Sabam and its sister societies to fulfil their management duties more efficiently. Sabam and its sister societies have besides no obligation of result as to the collection of royalties for the exploitation of visual, graphic and photographic works.
The users of the Sabam Air service ensure that all right holders concerned by the uploading of a digital image of a work agree with the digital uploading, with the quality and the version of the image that is being uploaded as well as with the current conditions of use of this service. Sabam denies all responsibility, the right holders who use this service are solely liable.
6. Liability of the users of this service
The right holders who use this service are solely liable as to the accuracy of the digital communication of the works’ images. Sabam cannot be held responsible for a distribution error due to an incorrect digital uploading. Consequently, the right holders who use this service undertake, for each reproduction of a work that has been communicated incorrectly in a digital way, that a new communication be carried out as soon as possible. So, the right holders who use this service will be able to always modify the digital communication of the works’ images that concern them; only the last communication for a same work will be taken into account in the database. Sabam denies all responsibility as to the agreement of all right holders on the reproduction that will be taken into account in the database.
Sabam reserves the right to control the capacity of right holder of the users of this service whose image is being uploaded digitally as well as to ask for evidence of this and/or further information.
Sabam reserves the right to refuse and/or withdraw the digital upload of a work’s image if there is insufficient evidence as to the capacity of right holder of the user of this service.
Sabam reserves the right to refuse and/or withdraw the digital upload of a work’s image in case a conflict occurs, among others regarding the uploading of this work’s image.
Any upload or attempt to upload a work’s image that would be incorrect or of which the user of this service would not be a right holder, will lead to a prohibition to use this service.
This users of this service exempt Sabam of all liability if they communicate in digital format the image of a work of which they are no right holders and they undertake to pay back, if need be, all royalties that would have been received wrongly in the meantime.
For its part, Sabam will not be required to make any reimbursement or any rectification.
7. Liability of the users as to non-compliance with the current general conditions of use
The users are solely liable for complying with the current general conditions related to the use of this service.