Good practices on the drafting of bipartite contracts
For bipartite contracts, not signed by the APP, that include an access clause, it is your responsibility to draft the contract or clauses providing for access to the deposited elements in the APP. In this case, we cannot guarantee its applicability.
However, we recommend that:
- the APP be clearly cited as the third party trustee of the deposited elements;
- all the deposited elements are precisely named, and that the name of the deposit made in the APP is identical to the name specified in the contract. It is strongly recommended to indicate the IDDN number of the creation in order to avoid any ambiguity;
- ideally the elements to be deposited should be precisely listed;
- the access cases are described as precisely as possible;
- the procedure for access to the deposited elements should be in accordance with article 6 of the General Regulations of the APP. The examination of the access request and the access procedure to deposited elements may not be modified.
- the beneficiaries are informed of the costs of examining and implementing an access procedure (see price list).
In order to subscribe to our offer called “Management of an access clause”, you are invited to choose the option (by checking a box) when making a deposit on the InterDeposit platform (accessible from your Member Area). If the deposit has already been made, please complete and send us the subscription request form.
This will allow beneficiaries access to the entire IDDN filiation of a work (for effective access to deposited elements, we will in all cases study precisely the agreement signed with the beneficiaries).