GUIDELINES FOR THE DEPOSIT OF AUDIOVISUAL MATERIAL AT THE AUDIOVISUAL LIBRARY OF DG COMM 1

Transcription

1 EUROPEAN COMMISSION DIRECTORATE-GENERAL COMMUNICATION Strategy and Corporate Communication Audiovisual Services GUIDELINES FOR THE DEPOSIT OF AUDIOVISUAL MATERIAL AT THE AUDIOVISUAL LIBRARY OF DG COMM 1 UPDATE: NOVEMBER 2014 TABLE OF CONTENTS 1. INTRODUCTION GENERAL INFORMATION SPECIFIC INFORMATION Video Photo Audio... 7 ANNEX Copyright clauses for framework service contracts:... 8 ANNEX Assignment of exclusive rights with payment for videos, photos and sound recordings acquired from third parties outside a framework contract... ANNEX A. Model release form for photos or videos of adult persons B. Model release form for photos or videos of children ANNEX A. Model release form for sound recordings of adult persons B. Model release form for sound recordings of children ANNEX Form for the declaration of music rights available online at: Commission européenne, B-1000 Bruxelles / Europese Commissie, B-1000 Brussel - Belgium. Telephone: Questions about the EU? Call the free number

2 1. INTRODUCTION The Audiovisual Library of DG COMM functions as central deposit for any audiovisual material (photo, video, audio) produced by the services of the Commission. It only accepts material for which the Commission is the copyright owner. If a service wants to integrate some material into the Audiovisual library for long term archiving and distribution/publishing via EbS, EU-tube or the audiovisual portal, the following guidelines should be respected. 2. GENERAL INFORMATION Publication Editorial context Delay Whom inform to Where to send your material Indicate which type of publication is wanted: EbS, audiovisual portal, EU-tube or only for archives If the material is news/event related, give short information about its context and the desired publication date. Name of the editor responsible for the content Material (including metadata and copyright information) should be sent at least 2 days before publication/transmission! In case of larger quantities of material to be published (multiple videos or multiple language versions), please contact the service in advance in order to fix a reasonable delay. In general: COMM-DEPOT-CENTRAL@ec.europa.eu EU-Tube: COMM-DEPOT-CENTRAL@ec.europa.eu and COMM-SOCIAL-MEDIA-TEAM@ec.europa.eu DG COMM Service audiovisuel Médiathèque centrale Sandra Nsambi Nzali BERL -1/ME26 Contact tél.: Technical issues tél.: EU-Tube tél.: COMM-DEPOT-CENTRAL@ec.europa.eu COMM-E-team@ec.europa.eu COMM-SOCIAL-MEDIA-TEAM@ec.europa.eu 2

3 3. SPECIFIC INFORMATION 3.1. Video Technical aspects The preferred delivery is by FTP following these guidelines: SD files: Format: o DV25 in MOV or MXF container o H264 (MP4) HiP@L3 between 6 and 8Mb/s (VBR) Resolution: 720x576, 25 pictures / 50 fields per second ("PAL") Aspect ratio: 16:9 (preferred), 4:3 Interlaced - Top Field First Chroma sampling 4:2:0 1 file per language version HD files: Format: - DVCProHD in MOV or MXF container - H264 HiP@L4.1 between 10 and 18Mb/s (VBR) - Other formats can be accepted after prior consultation. Resolution 1080i50 (1920 or 1440) 1 file per language version Sound, if transmission on EbS is intended: Single mono sound track (NO stereo) Multiple sound tracks or A/B sound tracks are not acceptable Applies only to the international version. On request, other language versions may be transmitted on EbS depending on the product and editorial choice. Upload for internal and external users on: ftp://fts.ec.europa.eu (port21) login: eu_upload pswd: Eur0pe_Upl0ad OR eur0pe_upl0ad No other FTP server allowed Internal users may also upload on the inter-dg common server: \\net1\commonservices\file_exchange\public (Files are erased automatically after one week.) Alternatively a delivery on a physical support is also accepted: SD items: 1 copy of all language versions in a professional format (preferably BetaDigital or BetaSp, BetaSX, DVCpro25-50). Consumer formats will not be accepted HD items: 1 copy of all language versions on an IT support (external hard disc in Windows format, solid state memory), P2 (DV100) or HDCAM Each version has to be preceded by a title. Different versions on the same tape have to be separated by black images. Clear description of the sound tracks Indication of the duration of the product Tapes have to be clearly identified (title, producer, duration, sound tracks, timecoded clips and description). 3

4 Any questions regarding formats, compression and other technical details must be cleared with the audiovisual library before delivery Audiovisual Signature Metadata Copyright Videos have to end by an audiovisual signature (including the copyright mention European Union [year of publication] 2 ) in compliance with the visual identity guidelines of the European Commission: entity/index_en.htm?opentab=graphic. All language versions of the signature can be downloaded from the following folder: ftp://video:videofiles@fts.ec.europa.eu/press/audiovisual/generiques/ Detailed information in English and/or French: Type of product: video news release, documentary, stockshots, clips, etc Title Original title (if different) Language versions Producer Director Place of production End date of production Place of event Start date of shooting End date of shooting Start date of distribution (if the distribution is authorised only from a certain date on) End date of distribution (if the video may not be distributed after a certain date) Summary Script or shotlist with names and functions of the personalities filmed and clear identification (e.g.: from left to right; 2nd from left; etc.) Links to IP note, other useful information/website, DG website where the product can be viewed or downloaded For EUtube: A "Punchy Title" Context Web link Pertinent tags in each version Videos realised within a framework service contract: copy of the signed framework service contract, the signed specific agreement and the offer. The contract has to contain the standard copyright clause (see annex 1) 2 Insert the year of publication, e.g

5 Videos and video sequences acquired from third parties (agencies, archives etc.) outside a framework contract: copy of the signed rights agreement (see annex 2) Persons filmed: signed model release for all persons that are not public figures. For children the model release has to be signed by their parents. (text of the model releases see annex 3) Work of art photographed: clear identification (author, title) and signed publishing agreement Third party rights (music, pictures): detailed information (author, title), copy of the rights agreement and/or copy of the declaration and payment to the appropriate collecting society (fill in form in annex 5) Site licensing and property release, where applicable 5

6 3.2. Photo Technical aspects Metadata Copyright Format: jpeg-file for news photos and tiff-file for thematic photos Resolution: news photos: 300dpi with a 15x21 cm picture size thematic photos: 300 dpi with an A3 picture size Image Quality in Photoshop: 10/12 compression 8Bit RGB Detailed information in English and/or French: Date when the photo has been taken Place where the photo has been taken Event description Description of each photo with names and functions of the personalities photographed and clear identification (e.g.: from left to right; 2nd from left; etc.) Name of the photographer Links to IP note, other useful information/website, DG website where the product can be viewed or downloaded Where technically possible, the IPTC metadata fields of the jpeg-file should be filled in by the photographer/producing service. Photos produced within a framework service contract: copy of the signed contract, the signed specific agreement and the offer. The contract has to contain the standard copyright clause (see annex 1) Photos acquired from third parties (agencies, archives etc.) outside a framework contract: copy of the signed rights agreement (see annex 2) Persons photographed: signed model release for all persons that are not public figures. For children the model release has to be signed by their parents. (text of the model releases see annex 3) Work of art photographed: clear identification (author, title) and signed publishing agreement Site licensing and property release, where applicable 6

7 3.3. Audio Technical aspects Metadata Copyright WAV (PCM) ou MP3 file (64Kbps to 192Kbps professional encoding CBR & VBR) international sound has to be mixed indication of the duration of the product Detailed information in English and/or French: Type of product: magazine, documentary, speech, interview Title Original title (if different) Language versions Producer Director Place of production End date of production Place of event Start date of recording End date of recording Start date of distribution (if the distribution is authorised only from a certain date on) End date of distribution (if the video may not be distributed after a certain date) Summary Script with names and functions of the personnalities interviewed Links to IP note, other useful information/website, DG website where the product can be viewed or downloaded Sound recordings realised within a framework service contract: copy of the signed framework service contract, the signed specific agreement and the offer. The contract has to contain the standard copyright clause (see annex 1) Sound recordings acquired from third parties (agencies, archives etc.) outside a framework contract: copy of the signed rights agreement (see annex 2) Persons interviewed: signed model release for all persons that are not public figures. For children the model release has to be signed by their parents. (text of the model releases see annex 4) Third party rights (music): detailed information (author, title), copy of the rights agreement and/or copy of the declaration and payment to the appropriate collecting society (fill in form in annex 5) Site licensing and property release, where applicable 7

8 ANNEX 1 COPYRIGHT CLAUSES FOR FRAMEWORK SERVICE CONTRACTS: For complete and updated information as well as copyright clauses of other contract types please see: For in depth information on Intellectual Property Rights and clauses in procurement documents please see: I SPECIAL CONDITIONS Article I.8 - Exploitation of the results of the FWC 3 I.8.1 Modes of exploitation In accordance with Article II.10.2 whereby the Union acquires ownership of the results as defined in the tender specifications (Annex I), these results may be used for any of the following purposes: [(a) use for its own purposes: (i) making available to the staff of the contracting authority (ii) making available to the persons and entities working for the contracting authority or cooperating with it, including contractors, subcontractors whether legal or natural persons, Union institutions, agencies and bodies, Member States' institutions (iii) installing, uploading, processing (iv) arranging, compiling, combining, retrieving (v) copying, reproducing in whole or in part and in unlimited number of copies (b) distribution to the public: (i) publishing in hard copies (ii) publishing in electronic or digital format (iii) publishing on the internet as a downloadable/non-downloadable file (iv) broadcasting by any kind of technique of transmission (v) public presentation or display (vi) communication through press information services (vii) inclusion in widely accessible databases or indexes (viii) otherwise in any form and by any method (c) modifications by the contracting authority or by a third party in the name of the contracting authority: (i) shortening 3 This clause must be filled in and adapted with care. All information is in the Explanatory note on Intellectual Property Rights on: As an absolute minimum, delete all irrelevant elements including especially those in italics and add missing parts if need be. 8

9 (ii) (iii) (iv) (v) (vi) (vii) summarizing modifying of the content making technical changes to the content: - necessary correction of technical errors - adding new parts or functionalities - changing functionalities - providing third parties with additional information concerning the result (e.g. source code) with a view of making modifications addition of new elements, paragraphs titles, leads, bolds, legend, table of content, summary, graphics, subtitles, sound, etc. preparation in audio form, preparation as a presentation, animation, pictograms story, slide-show, public presentation etc. extracting a part or dividing into parts (viii) use of a concept or preparation of a derivate work (ix) digitisation or converting the format for storage or usage purposes (x) modifying dimensions (xi) translating, inserting subtitles, dubbing in different language versions: - English, French, German - all official languages of EU - languages used within EU - languages of candidate countries - [list other languages] (d) the modes of exploitation listed in article II.10.4 [(e) rights to authorise, license, or sub-license in case of licensed pre-existing rights, the modes of exploitation set out in any of the points (a) to (d) to third parties.] Where the contracting authority becomes aware that the scope of modifications exceeds that envisaged in the FWC, specific contract or order form, the contracting authority shall consult the contractor. Where necessary, the contractor shall in turn seek the agreement of any creator or other right holder. The contractor shall reply to the contracting authority within one month and shall provide its agreement, including any suggestions of modifications, free of charge. The creator may refuse the intended modification only when it may harm his honour, reputation or distort integrity of the work. I.8.2 Pre-existing rights and transmission of rights [All pre-existing rights shall be [licensed to the Union in accordance with Article II.10.3.][fully and irrevocably acquired by the Union as provided for in Article II.10.2 and by derogation to Article II.10.3.]] [All pre-existing rights incorporated in the results and directly related to the uses foreseen in Article I.8.1 shall be fully and irrevocably acquired by the Union as provided for in Article II.10.2 and by derogation to Article II.10.3.] The contractor shall provide to the contracting authority a list of pre-existing rights and third parties' rights including its personnel, creators or other right holders as provided for in Article II [The contractor shall present relevant and exhaustive evidence about the acquisition of all the necessary pre-existing rights and third parties' rights [together with delivery of the final report at the latest] [together with presentation of relevant result] [specify other stage]. This obligation should be fulfilled by presentation of the contractor's statement prepared in accordance with Annex A and third parties' statements prepared in 9

10 accordance with Annex B and the relevant evidence listed in article II.10.5 as appropriate.] 4 II GENERAL CONDITIONS FOR SERVICE FRAMEWORK CONTRACTS Article II. 10 Ownership of the results - Intellectual and industrial property rights II.10.1 Definitions In this FWC the following definitions apply: (1) 'results' means any intended outcome of the performance of the FWC which is delivered and finally accepted by the contracting authority; (2) 'creator' means any natural person who contributed to the production of the result and includes personnel of the contracting authority or a third party; (3) 'pre-existing rights' means any industrial and intellectual property rights, including background technology, which exist prior to the contracting authority or the contractor ordering them for the purpose of the FWC performance and include rights of ownership and use by the contractor, the creator, the contracting authority and any third parties. II.10.2 Ownership of the results The ownership of the results shall be fully and irrevocably acquired by the Union under the FWC including any rights in any of the results listed in the FWC and order forms or specific contracts. Those rights in the results may include copyright and other intellectual or industrial property rights, as well as all technological solutions and information contained within these technological solutions, produced in performance of the FWC. The contracting authority may exploit them as stipulated in this FWC or order forms or specific contracts. All the rights shall be acquired by the Union from the moment the results are delivered by the contractor and accepted by the contracting authority. Such delivery and acceptance are deemed to constitute an effective assignment of rights from the contractor to the Union. The payment of the price as set out in the order forms or specific contracts is deemed to include any fees payable to the contractor in relation to the acquisition of rights by the Union including all forms of use of the results. The acquisition of rights by the Union under this FWC covers all territories worldwide. Any intermediary sub-result, raw data, intermediary analysis made available by the contractor cannot be used by the contracting authority without the written consent of the contractor, unless the FWC or order form or specific contract explicitly provides for it to be treated as a self-contained result. II.10.3 Licensing of pre-existing rights The Union shall not acquire ownership of the pre-existing rights. The contractor shall license the pre-existing rights on a royalty-free, non-exclusive and irrevocable basis to the Union which may use the pre-existing right as foreseen in Article I.8.1 or in order forms or specific contracts. All the pre-existing rights shall be licensed to the Union from the moment the results were delivered and accepted by the contracting authority. 4 Annexes A and B are to be taken from the IPR explanatory note 10

11 The licensing of pre-existing rights to the Union under this FWC covers all territories worldwide and is valid for the whole duration of intellectual property rights protection. II.10.4 Modes of exploitation The Union shall acquire ownership of each of the results produced as an outcome of the FWC which may be used for any of the following purposes: (a) giving access upon individual requests without the right to reproduce or exploit, as provided for by Regulation 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents; (b) storage of the original and copies made in accordance with this FWC or order form or specific contract; (c) archiving in line with the document management rules applicable to the contracting authority. II.10.5 Identification and evidence of granting of pre-existing rights and rights of third parties When delivering the results, the contractor shall warrant that they are free of rights or claims from creators and third parties including in relation to pre-existing rights, for any use envisaged by the contracting authority. This does not concern the moral rights of natural persons. The contractor shall establish to that effect a list of all pre-existing rights and rights of creators and third parties on the results of this FWC or parts thereof. This list shall be provided no later than the date of delivery of the final results. In the result the contractor shall clearly point out all quotations of existing textual works. The complete reference should include as appropriate: name of the author, title of the work, date and place of publication, date of creation, address of publication on internet, number, volume and other information which allows the origin to be easily identified. Upon request by the contracting authority, the contractor shall provide evidence of ownership of or rights to use all the listed pre-existing rights and rights of third parties except for the rights owned by the Union. This evidence may refer, inter alia, to rights to: parts of other documents, images, graphs, tables, data, software, technical inventions, know-how etc. (delivered in paper, electronic or other form), IT development tools, routines, subroutines and/or other programs ("background technology"), concepts, designs, installations or pieces of art, data, source or background materials or any other parts of external origin. The evidence shall include, as appropriate: (a) the name and version number of a software product; (b) the full identification of the work and its author, developer, creator, translator, data entry person, graphic designer, publisher, editor, photographer, producer; (c) a copy of the licence to use the product or of the agreement granting the relevant rights to the contractor or a reference to this licence; (d) a copy of the agreement or extract from the employment contract granting the relevant rights to the contractor where parts of the results were created by its personnel; (e) the text of the disclaimer notice if any. Provision of evidence does not release the contractor from its responsibilities in case it is found that it does not hold the necessary rights, regardless of when and by whom this fact was revealed. 11

12 The contractor also warrants that it possesses the relevant rights or powers to execute the transfer and that it has paid or has verified payment of all due fees including fees due to collecting societies, related to the final results. II.10.6 Creators By delivering the results the contractor warrants that the creators undertake not to oppose that their names be recalled when the results are presented to the public and confirms that the results can be divulged. Names of authors shall be recalled on request in the manner communicated by the contractor to the contracting authority. The contractor shall obtain the consent of creators regarding the granting of the relevant rights and be ready to provide documentary evidence upon request. II.10.7 Persons appearing in photographs or films If natural, recognisable persons appear in a result or their voice is recorded the contractor shall submit a statement of these persons (or of the persons exercising parental authority in case of minors) where they give their permission for the described use of their image or voice on request by the contracting authority. This does not apply to persons whose permission is not required in line with the law of the country where photographs were taken, films shot or audio records made. II.10.8 Contractor's copyright for pre-existing rights When the contractor retains pre-existing rights on parts of the results, reference shall be inserted to that effect when the result is used as set out in Article I.8.1 with the following disclaimer: - year European Union. All rights reserved. Certain parts are licensed under conditions to the EU. II.10.9 Visibility of Union funding and disclaimer When making use of the results, the contractor shall declare that they have been produced within a framework contract with the Union and that the opinions expressed are those of the contractor only and do not represent the contracting authority's official position. The contracting authority may waive this obligation in writing. 12

13 ANNEX 2 ASSIGNMENT OF EXCLUSIVE RIGHTS WITH PAYMENT FOR VIDEOS, PHOTOS AND SOUND RECORDINGS ACQUIRED FROM THIRD PARTIES OUTSIDE A FRAMEWORK CONTRACT Header and content of the form to be filled in by DG For other assignment of rights forms (non-exclusive assignment or assignment for free) see: The forms can also be downloaded from the following address: 13

14 EUROPEAN COMMISSION ASSIGNMENT OF RIGHTS Assignor: Content of documents assigned: Entire duration: ARTICLE 1 The assignor shall assign exclusively to the European Commission all copyright and related rights associated with the film, photographs, sound recordings or other elements of the film necessary for producing, making, publicising and distributing the film, photographs and/or sound recordings. These rights shall include rights of reproduction, communication to the public, secondary use and derived use of the film, photographs and/or sound recordings and, in particular, the rights listed below: 1.1. The right of reproduction and, in particular: the right to record or commission the recording of photographs in black and white and in colour, in two and three dimensions, original and dubbed sound, titles or subtitles, fixed film photographs and animated sequences, texts and programmes which comprise the film, and to do so on all media, whether mechanical, optical, magnetic, electronic, etc., known or unknown at this date, and by all analogue or digital processes known or unknown at this date, in all definitions and in all formats, using all framing ratios; the right to make and/or commission the making of, in such numbers as the European Commission or those entitled under it see fit, one or more originals, duplicates and/or copies, in all formats and by all procedures known or unknown at this date and on all mechanical, optical, magnetic, electronic, analogue or digital and/or optical-digital media known or unknown at this date; the right to deal with all manufacturers and producers of videos and sound recordings for the use, reproduction, communication to the public and distribution of the film, photographs and/or sound recordings on all videos and sound carriers and, 14

15 in particular, on videocassettes, videodiscs, DVDs, CD-Roms or on any other medium or by any procedure known or unknown at this date; the right to put into circulation or commission the putting into circulation of these originals, duplicates and/or copies, for sale, hire, loan for public use and private use by the public, and in general for all communication to the public using the methods of distribution set out in the following paragraphs; the right to create or commission the creation of all language versions of the film and/or sound recording as well as dubbed, sub-titled and/or localised versions in all languages; the right to digitise the film, the photographs and/or sound recordings, to store it on any medium, to modulate, compress and decompress or use any other technical procedure of the same kind with regard to the film, digital photographs and/or sound recordings, for the purposes of storing, transferring and/or distributing the film or sound recording; the right to hire and loan The right to communicate to the public, in particular: the right to communicate to the public or authorise the communication to the public of the film, the photographs and/or sound recordings, worldwide, in all original, localised, dubbed and/or subtitled versions, in all languages, in all public places, by all broadcasting bodies, by wave transmission, cable transmission, satellite transmission, digital television, and all other telecommunication networks, etc. and by all audiovisual procedures on all media known or foreseeable, unknown and unforeseeable at this date; the right to authorise the communication of the film, the photographs and/or sound recordings by all bodies other than the broadcasting and television company and in a general manner, the right to show, make or distribute the film, the photographs and/or sound recordings in any way using all methods known or unknown at this date; the right to broadcast or to commission the broadcasting of all or part of the film, the photographs and/or sound recordings worldwide, to all audiences in the original, dubbed and subtitled versions, in all languages and on all networks, such as IT and computer networks, in particular on the Internet, by all procedures used for these types of distribution; the right to use the film, the photographs and/or sound recordings privately; the right to communicate the film, the photographs and/or sound recordings to the public on the premises of cultural and educational institutions, whether public or private, whether domestic or foreign (museums, libraries, educational and training establishments, etc.), on internal networks belonging to companies, corporate groups or all other natural or legal persons, whether public or private, domestic or foreign; the right to communicate the film, the photographs and/or sound recordings to the public by means of videos, whether linear or interactive, such as videocassettes, videodiscs, CD-ROMs and DVDs (this list being indicative and not exhaustive); the right to distribute the film, the photographs and/or sound recordings by all processes which are known, unknown or unforeseeable at this date; all forms of communication to the public which are designed to provide information, promote, demonstrate and publicise the film, the photographs and/or sound recordings. 15

16 1.3. Rights of secondary use, in particular: the right to authorise the reproduction and communication to the public of any extract or fragment of the film, the photographs and/or sound recordings, as well as all the images and sound elements of the film with a view to distribution using all procedures and on all media; the right to include the film, the photographs and/or sound recordings in the European Commission s database, accessible to the public free of charge The European Commission shall be able to exercise the aforementioned rights and do so by the conclusion of any contract for this purpose. It shall be able to assign or grant all or some of the rights assigned and all or some of the extracts of the film, photographs and/or sound recordings. ARTICLE 2 For each of the methods listed above, the assignment of rights shall apply worldwide for the entire duration of the copyright, related rights and any extensions thereof in exchange for a lump-sum payment of. The payment shall be divided equally between each distribution method. ARTICLE 3 The assignor guarantees: that he has acquired all the copyright on the subject, screenplay, dialogue, shooting script, editing, names, image, photographs of individuals and other creative elements of the film and of any individual involved in making the film; that he has had assigned to him all the rights ordinarily acquired for all the methods of televisual and audiovisual distribution of the film, photographs and/or sound recordings, these rights being the most extensive possible (including the right of distribution on videos and videodiscs, via transmission on digital networks, via all forms of televisual and audiovisual communication, including pay per view (video on demand, near video on demand, cable, satellite)), on the subject, screenplay, dialogue, shooting script and the other creative elements of the film and, in particular and in a general manner, all the rights of distribution and reproduction on all media and in all formats, all rights to communicate the film and/or sound recordings to the public in cinemas and by audiovisual means, and the right to add or authorise the adding of publicity messages to episodes of the film and/or sound recording, worldwide and for the entire duration of the copyright; that he has acquired or is confident of acquiring all the related rights from everyone involved in the performance side and production side of the film, photographs and/or sound recordings; that he has settled all the copyright on the music track of the film; that the film, the photographs and/or sound recordings do not violate the rights of any third party and that, where appropriate, he has obtained all the requisite authorisations from these third parties and has met all his obligations towards these third parties; that he has obtained all the requisite authorisations from all recognisable persons represented in the film, photographs and/or sound recordings and has met all his obligations towards these third parties. 16

17 ARTICLE 4 The assignor guarantees that: the film, the photographs and/or sound recordings will not make any allusions to persons or events which are likely to provoke a lawsuit, nor bear any unlawful resemblance to other works; the elements used in the production of the film, the photographs and/or sound recordings are not borrowed unlawfully from other works; the rights acquired have not been assigned to third parties and are not held by them; the exercise of these rights has not been entrusted to third parties, other than copyright belonging to authors who are members of authors associations with respect to rights which these associations normally manage and, to the extent necessary for the management of these rights, the rights which they acquire from authors and other service providers do not violate the rights of third parties; this contract sets out all the rights and obligations of the parties and that there is no other impediment or commitment to third parties which could make it impossible or more difficult to perform the services which each party has guaranteed to the other to perform. Should it transpire that the rights acquired by the assignor have not been acquired lawfully as provided for in this contract, the party at fault shall bear the full cost of, and assume full liability for, the resultant losses and shall assume liability for any costs, compensation and other expenditure which could arise from such fault, including legal defence costs, without prejudice to any rights to damages on the part of the other party. (Signature of the assignor preceded by read and approved ) 17

18 ANNEX 3 A. MODEL RELEASE FORM FOR PHOTOS OR VIDEOS OF ADULT PERSONS Header and content of the form to be filled in by DG and/or its contractor For model release forms in other languages see: The forms can also be downloaded from the following address: 18

19 EUROPEAN COMMISSION AUTHORISATION FOR THE TAKING OF PHOTOGRAPH(S)* OF AN ADULT FILM(S)* OF AN ADULT Subject of the photograph/take: [Describe briefly the situation/background of the picture/film, so that the picture/film covered by the present authorisation can be easily identified] Date of the photograph/take:... Location:... I the undersigned:... residing at:... hereby declare that I willingly agree to be photographed and/or filmed by:... [name of photographer, cameraman] working on behalf of the European Commission (EC). I authorise the EC: to use without restriction the photographs and/or films bearing my image as described above in all types of publications, in any form of televisual broadcasting or communication via the Internet; to include and archive these photographs and/or films in the European Union s online databases, accessible to the public free of charge online. Third parties having access to these databases may use the said photographs and/or films in compliance with the EC's Decision on re-use of Commission's documents (2011/833/EU) for information or education purposes only; in order to illustrate or promote the activities or projects, past, present or future, of the European institutions and the European Union. I hereby give my consent to the processing of my personal data to the extent necessary for the achievement of the purposes mentioned above. The EC guarantees that personal data relating to me are processed according to the rules set by the Regulation (EC) No 45/2001. Data may be archived by the EC. I understand that I have the right, as data subject, to access data relating to me, to be informed about the existence and the extent of data processing, to rectify incorrect personal data as the case may be and to oppose further processing on serious and legitimate grounds. To exercise these rights, please contact the EC at the following address:... [insert details of relevant person to whom such queries can be addressed]. This authorisation shall apply worldwide and for as long as my image is subject to legal protection. It can be withdrawn by informing the EC at the address mentioned above.... (Signature preceded by read and approved ) * Please tick the appropriate box(es). 19

20 B. MODEL RELEASE FORM FOR PHOTOS OR VIDEOS OF CHILDREN Header and content of the form to be filled in by DG and/or its contractor For model release forms in other languages see: The forms can also be downloaded from the following address: 20

21 EUROPEAN COMMISSION AUTHORISATION FOR THE TAKING OF PHOTOGRAPH(S)* OF A MINOR FILM(S)* OF A MINOR Subject of the photograph/take: [Describe briefly the situation/background of the picture/film, so that the picture/film covered by the present authorisation can be easily identified] Date of the photograph/take:... Location:... I, the undersigned,... [name of the legal representative in capital letters], as a legal representative of the child named..., and aged..., residing at:... hereby declare that the Child may be photographed and/or filmed by... [name of photographer/cameraman], working on behalf of the European Commission (EC). I authorise the EC: to use without restriction the photographs and/or films bearing the Child's image as described above, in all types of publications, in any form of televisual broadcasting or communication via the Internet; to include and archive these photographs and/or films in the European Union's databases accessible to the public free of charge online. Third parties with access to these databases may use the said photographs and/or films in compliance with the EC's Decision on re-use of Commission's documents (2011/833/EU), for information or education purposes only; in order to illustrate or promote the activities or projects, past, present or future, of the European institutions and the European Union. I hereby give my consent to the processing of my personal data to the extent necessary for the achievement of the purposes mentioned above. The EC guarantees that personal data relating to me are processed according to the rules set by the Regulation (EC) No 45/2001. Data may be archived by the EC. I understand that I have the right, or the Child has the right, if over the age of judgment, as data subject, to access data relating to him/her, to be informed about the existence and the extent of data processing, to rectify incorrect personal data as the case may be and to oppose further processing on serious and legitimate grounds. To exercise these rights, please contact the EC at the following address:... [insert details of relevant person to whom such queries can be addressed]. This authorisation shall apply worldwide and for as long as the image of the child is subject to legal protection. It can be withdrawn by informing the EC at the address mentioned above. Signature of the Child, preceded by the words read and approved" ** Signatures of the parent(s)/legal representative(s), each one being preceded by the words read and approved * ** Please tick the appropriate box(es). if child has reached the age of judgement 21

22 ANNEX 4 A. MODEL RELEASE FORM FOR SOUND RECORDINGS OF ADULT PERSONS Header and content of the form to be filled in by DG and/or its contractor For model release forms in other languages see: The forms can also be downloaded from the following address: 22

23 EUROPEAN COMMISSION AUTHORISATION FOR THE RECORDING OF THE VOICE OF AN ADULT Subject of the sound recording: [Describe briefly the situation/background of the sound recording, so that the sound recording covered by the present authorisation can be easily identified] Date of the sound recording:... Location:... I the undersigned:...residing at:... hereby declare that I willingly agree that my voice is recorded by:...[name of the sound engineer] working on behalf of the European Commission (EC). I authorise the EC: to use without restriction the sound recordings bearing my voice as described above in all types of publications, in any form of televisual broadcasting or communication via the Internet; to include and archive these sound recordings in the European Union s online databases, accessible to the public free of charge online. Third parties having access to these databases may use the said sound recordings in compliance with the EC's Decision on re-use of Commission's documents (2011/833/EU) for information or education purposes only; in order to illustrate or promote the activities or projects, past, present or future, of the European institutions and the European Union. I hereby give my consent to the processing of my personal data to the extent necessary for the achievement of the purposes mentioned above. The EC guarantees that personal data relating to me are processed according to the rules set by the Regulation (EC) No 45/2001. Data may be archived by the EC. I understand that I have the right, as data subject, to access data relating to me, to be informed about the existence and the extent of data processing, to rectify incorrect personal data as the case may be and to oppose further processing on serious and legitimate grounds. To exercise these rights, please contact the EC at the following address:...[insert details of relevant person to whom such queries can be addressed]. This authorisation shall apply worldwide and for as long as my voice is subject to legal protection. It can be withdrawn by informing the EC at the address mentioned above.... (Signature preceded by read and approved ) 23

24 B. MODEL RELEASE FORM FOR SOUND RECORDINGS OF CHILDREN Header and content of the form to be filled in by DG and/or its contractor For model release forms in other languages see: The forms can also be downloaded from the following address: 24

25 EUROPEAN COMMISSION AUTHORISATION FOR THE RECORDING OF THE VOICE OF A MINOR Subject of the sound recording: [Describe briefly the situation/background of the sound recording, so that the sound recording covered by the present authorisation can be easily identified] Date of the sound recording:... Location:... I, the undersigned,...[name of the legal representative in capital letters], as a legal representative of the child named..., and aged... residing at:... hereby declare that the voice of the Child may be recorded by... [name of the sound engineer], working on behalf of the European Commission (EC). I authorise the EC: to use without restriction the sound recording bearing the Child's voice as described above in all types of publications, in any form of televisual broadcasting or communication via the Internet; to include and archive these sound recordings in the European Union's databases accessible to the public free of charge online. Third parties with access to these databases may use the said sound recordings in compliance with the EC's Decision on re-use of Commission's documents (2011/833/EU), for information or education purposes only; in order to illustrate or promote the activities or projects, past, present or future, of the European institutions and the European Union. I hereby give my consent to the processing of my personal data to the extent necessary for the achievement of the purposes mentioned above. The EC guarantees that personal data relating to me are processed according to the rules set by the Regulation (EC) No 45/2001. Data may be archived by the EC. I understand that I have the right, or the Child has the right, if over the age of judgment, as data subject, to access data relating to him/her, to be informed about the existence and the extent of data processing, to rectify incorrect personal data as the case may be and to oppose further processing on serious and legitimate grounds. To exercise these rights, please contact the EC at the following address:... [insert details of relevant person to whom such queries can be addressed]. This authorisation shall apply worldwide and for as long as the voice of the minor is subject to legal protection. It can be withdrawn by informing the EC at the address mentioned above. Signature of the Child, preceded by the words read and approved" * Signatures of the parent(s)/legal representative(s), each one being preceded by the words read and approved * if child has reached the age of judgement 25

26 ANNEX 5 FORM FOR THE DECLARATION OF MUSIC RIGHTS 26

27 Original music 5 Library music 6 Commercial music 7 Member of collecting society (Name) Synchronisation 10 Publication 11 DECLARATION OF MUSIC RIGHTS - Copies of contracts and declarations to the collecting societies should be annexed to this declaration. Composer / Arranger Music title Identification (Reference number / catalogue number / ISRC 8 ) CD Name / Track number Publisher Duration of the music 9 Rights acquired/paid? Limitations: duration, territory, publication types Original music = music composed specifically for a video, audio or photo production Library music = music distributed by Library Music Publishers that can be used without prior authorisation by the publisher. Synchronisation and publication rights have to be paid directly to the Rights Collecting Society (SABAM for Belgium). Commercial music = any existing music record that is covered by copyright (except Library Music). Prior authorisation by the publisher and the Rights Collecting Society (SABAM for Belgium) are needed. International Standard Recording Code Duration of the music title within the video, audio or photo production, NOT the overall duration of the music title or of the production Synchronisation rights = the right to synchronise music with still or moving images Publication rights = the right to communicate the music or the production containing the music to the public 27