GUIDELINES FOR THE DEPOSIT OF AUDIOVISUAL MATERIAL AT

Commission européenne, B-1000 Bruxelles / Europese Commissie, B-1000 Brussel - Belgium. Telephone: +32 22991111.

http://ec.europa.eu/dgs/communication Questions about the EU? Call the free number 00800 67891011

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

available online at: https://myintracomm.ec.europa.eu/corp/comm/AtAGlance/Pages/CentralDeposit.aspx

UPDATE: MAY 2015

TABLE OF CONTENTS

1. INTRODUCTION ....................................................................................................... 2

2. GENERAL INFORMATION ..................................................................................... 2

3. SPECIFIC INFORMATION ....................................................................................... 3

3.1. Video ................................................................................................................. 3

3.2. Photo .................................................................................................................. 6

3.3. Audio ................................................................................................................. 7

ANNEX 1 ............................................................................................................................ 8

ANNEX 2 .......................................................................................................................... 13

Assignment of exclusive rights with payment for videos, photos and sound

recordings acquired from third parties outside a framework contract ....................... 13

ANNEX 3 .......................................................................................................................... 18

A. Licence for non-exclusive rights with payment for videos acquired from

third parties outside a framework contract ................................................................ 18

B. Licence for non-exclusive rights with payment for photos acquired from

third parties outside a framework contract ................................................................ 22

ANNEX 4 .......................................................................................................................... 26

A. Model release form for photos or videos of adult persons ........................................ 26

B. Model release form for photos or videos of children ................................................ 28

ANNEX 5 .......................................................................................................................... 30

A. Model release form for sound recordings of adult persons ....................................... 30

B. Model release form for sound recordings of children ............................................... 32

ANNEX 6 .......................................................................................................................... 34

Form for the declaration of music rights ........................................................................... 34

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

 Indicate which type of publication is wanted: EbS, audiovisual

portal, EU-tube or only for archives

Editorial

context

 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

Delay

 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.

Whom to

inform

 In general:

[email protected]

 EU-Tube:

[email protected] and

[email protected]

Where to send

your material

 DG COMM

Service audiovisuel

Médiathèque centrale

Sandra Nsambi Nzali

BERL -1/ME26

Contact

 tél.: 59471

 e-mail: [email protected]

Technical

issues

 tél.: 95235

 e-mail: [email protected]

EU-Tube

 tél.: 98971

 e-mail: [email protected]

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 [email protected] 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://212.3.234.50

 login: UploadEC

 pswd: Berlaymont

 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).

Any questions regarding formats, compression and other technical

details must be cleared with the audiovisual library before delivery

([email protected]).

Audiovisual

Signature

Videos have to end by an audiovisual signature (including the

) in

compliance with the visual identity guidelines of the European

Commission:

http://www.cc.cec/dgintranet/comm/communication_services/visual_id

entity/index_en.htm?openTab=graphic.

All language versions of the signature can be downloaded from the

following folder:

ftp://video:[email protected]/PRESS/audiovisual/generiques/

Metadata

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)

Insert the year of publication, e.g. 2014

 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

3.2. Photo

Technical

aspects

 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

Metadata

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

3.3. Audio

Technical

aspects

 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

Metadata

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

ANNEX 1

For complete and updated information as well as copyright clauses of other contract

types please see:

http://www.cc.cec/budg/imp/procurement/imp-080-030-010_contracts_en.html

For in depth information on Intellectual Property Rights and clauses in procurement

documents please see:

http://intracomm.ec.testa.eu/budg/imp/procurement/_doc/_pdf/ipr-note-en.pdf

I – SPECIAL CONDITIONS

Article I.8

- Exploitation of the results of the FWC

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

contracting authority:

(i) shortening

This clause must be filled in and adapted with care. All information is in the Explanatory

note on Intellectual Property Rights on:

http://intracomm.ec.testa.eu/budg/imp/procurement/_doc/_pdf/ipr-note-en.pdf

As an absolute minimum, delete all irrelevant elements including especially those in italics

and add missing parts if need be.

(ii) summarizing

(iii) modifying of the content

(iv) 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

(v) addition of new elements, paragraphs titles, leads, bolds, legend, table of

content, summary, graphics, subtitles, sound, etc.

(vi) preparation in audio form, preparation as a presentation, animation,

pictograms story, slide-show, public presentation etc.

(vii) 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.10.5.

[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

accordance with Annex B and the relevant evidence listed in article II.10.5 as

appropriate.]

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.

Annexes A and B are to be taken from the IPR explanatory note

http://intracomm.ec.testa.eu/budg/imp/procurement/_doc/_pdf/ipr-explanation-en.pdf

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;

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;

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.

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

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.

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 forms in French or German as well as forms of an assignment of rights for free see:

https://myintracomm.ec.europa.eu/corp/comm/AtAGlance/Pages/CentralDeposit.aspx

The forms can also be downloaded from the following address:

http://ec.europa.eu/avservices/mediatheque/copyrights.html

Commission européenne, B-1000 Bruxelles / Europese Commissie, B-1000 Brussel - Belgium. Telephone: +32 22991111.

http://ec.europa.eu/dgs/communication Questions about the EU? Call the free number 00800 67891011

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 sub-

titles, 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,

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.

1.2. 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.

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.

1.4. 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.

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

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”)

ANNEX 3

A. LICENCE FOR NON-EXCLUSIVE RIGHTS WITH PAYMENT FOR VIDEOS ACQUIRED

FROM THIRD PARTIES OUTSIDE A FRAMEWORK CONTRACT

Header and content of the form to be filled in by DG

For licence forms in French or German as well as a licence form for free see:

https://myintracomm.ec.europa.eu/corp/comm/AtAGlance/Pages/CentralDeposit.aspx

The forms can also be downloaded from the following address:

http://ec.europa.eu/avservices/mediatheque/copyrights.html

LICENCE AGREEMENT

Name

Address:

represented for the purposes of signing hereunder by its duly authorised representative

[Mr/Ms.] [Name, Title/Function],

hereinafter referred to as "the Licensor",

on the one part, and

the European Union, represented by the European Commission, having its seat at 200,

Rue de la Loi, 1049 Brussels, Belgium (hereinafter referred to as "the Licensee"),

on the other part,

individually hereinafter referred to as "the Party" and collectively as "the Parties".

Whereas the Licensor is the owner or has the necessary legal rights to grant the present

licence for use of the Video described below (hereinafter referred to as "the "Video"), the

Parties agree as follows:

1. For good and valuable consideration, the Licensor grants the Licensee a non-

exclusive, worldwide licence for the entire duration of the copyrights and related

rights to use the Video described above for the following purposes: to store, to

Name of the Legal Entity or Name and Surname of the natural person

Only for legal entities

Title and brief description of the Video (s)

Duration of the video:

Owner and Author of the Video (if different):

Names of actors playing in the Video:

Year(s) of creation

reproduce, to distribute, to modify, to create derivate Videos, to present in public, to

broadcast, to shorten, to quote, to make technical changes, to communicate to the

public or otherwise make publicly available, in any format, medium and language,

including on the European Union websites or third parties websites or on the

television, as well as to add new elements to the Video - paragraphs titles, leads,

bolds, legend, table of content, summary, graphics, subtitles - or to add sound, to

prepare in audio form, prepare as a presentation, animation, pictograms story, slide-

show, public presentation, to extract a part from the Video or to divide into parts.

The Licensee is permitted to authorise its employees and contractors to exercise on its

behalf the foregoing rights granted to it by the Licensor.

2. The Video, together with all the rights pertaining to it - including, where applicable,

copyrights and any other intellectual property rights - is under the control of the

Licensor whose rights are valid and legally existing, and the Licensee does not acquire

any ownership rights in the Video.

3. Derivative Works include original Videos created by the Licensee or its contractors

which incorporate or make of use of the Video. Derivative Works shall be owned by

the Licensee.

4. The exercise of the rights granted to the Licensee hereunder is subject to the display

by the Licensee of the following notice in due acknowledgement of the Licensor:

[Copyright notice of the Licensor - example: © Licensor, year]

5. The exercise of the rights granted hereunder is subject to the payment of the total sum

of €[amount] by the Licensee to the Licensor. Upon payment of this amount, the

Licensor shall not request or claim any further reimbursement or compensation from

the Licensee related to the Video.

6. The Licensor guarantees that it has obtained all the necessary authorisations in order

to be entitled to license the rights mentioned in point 1 above, in particular he

warrants that it has obtained all the appropriate authorisations from the holders of

as well as written authorisations of persons depicted or playing in the Video, where

applicable.

7. The Licensor warrants that the use of the Intellectual Property rights licensed in this

Agreement to the Licensee does not and will not infringe the rights of any third party.

In particular, but not limited to, the Licensor warrants that the Video does not infringe

third parties' copyrights, related rights or image rights.

8. The Licensor undertakes to indemnify, defend and hold harmless the Licensee from

and against claims, demands or actions against the Licensee, as well as any costs or

expenses, including legal costs relating to legal judgements and proceedings

concerning liabilities arising from the exercise of the Intellectual Property rights

licensed under this Agreement.

9. The exercise of the rights granted hereunder shall be governed by and construed in

accordance with the law of the European Union, complemented where necessary by

the substantive laws of Belgium. In case any dispute, controversy or claim arising out

of or relating to the subject matter hereof cannot be settled amicably between the

Licensor and the Licensee, it shall be submitted to the exclusive jurisdiction of the

General Court of the European Union in Luxembourg insofar as such dispute,

controversy or claim relates to or involves the liabilities of the Licensee.

For the Licensor,

Place and Date:

Signature:

[Mr/Ms.] [Name]

[Capacity/Title, if applicable]

B. LICENCE FOR NON-EXCLUSIVE RIGHTS WITH PAYMENT FOR PHOTOS ACQUIRED

FROM THIRD PARTIES OUTSIDE A FRAMEWORK CONTRACT

Header and content of the form to be filled in by DG

For forms in French or German as well as a licence form for free see:

https://myintracomm.ec.europa.eu/corp/comm/AtAGlance/Pages/CentralDeposit.aspx

The forms can also be downloaded from the following address:

http://ec.europa.eu/avservices/mediatheque/copyrights.html

LICENCE AGREEMENT

Name

Address:

represented for the purposes of signing hereunder by its duly authorised representative

[Mr/Ms.] [Name, Title/Function],

hereinafter referred to as "the Licensor",

on the one part, and

the European Union, represented by the European Commission, having its seat at 200,

Rue de la Loi, 1049 Brussels, Belgium (hereinafter referred to as "the Licensee"),

on the other part,

individually hereinafter referred to as "the Party" and collectively as "the Parties".

Whereas the Licensor is the owner of the work described below (hereinafter referred to

as "the "work"), the Parties agree as follows:

Name of the Legal Entity or Name and Surname of the natural person

Only for legal entities

Please tick the appropriate box(es).

 Drawing/Illustration/Picture  Publication/Literary

Title and brief description of the Work(s)

Name(s) of the author(s)/photographer(s):

Year(s) of creation

1. The Licensor grants the Licensee a non-exclusive, worldwide licence for the entire

duration of the copyrights, related rights and any extensions thereof to use, store,

reproduce, modify, create Derivate Works, display, print, publish, disseminate,

communicate to the public or otherwise make publicly available, in any format,

medium and language, whether in print or electronically, the Work described above.

The Licensee is permitted to authorise its employees and contractors to exercise on its

behalf the foregoing rights granted to it by the Licensor.

2. The Work, together with all the rights pertaining to it - including, where applicable,

copyrights and any other intellectual property rights - is under the control of the

Licensor whose rights are valid and legally existing, and the Licensee does not acquire

any ownership rights in the Work.

3. Derivative Works include original works created by the Licensee or its contractors

which incorporate or make of use of the Work. Derivative Works shall be owned by

the Licensee.

4. The exercise of the rights granted to the Licensee hereunder is subject to the display

by the Licensee of the following notice in due acknowledgement of the Licensor and

the Work's author:

5. The exercise of the rights granted hereunder is subject to the payment of the total sum

of € [amount] by the Licensee to the Licensor. Upon payment of this amount, the

Licensor shall not request or claim any further reimbursement or compensation from

the Licensee related to the Work.

6. The Licensor guarantees that it has obtained all the necessary authorisations in order

to be entitled to license the rights mentioned in point 1 above, in particular he

warrants that it has obtained all the appropriate authorisations from the holders of

as well as written authorisations of persons depicted in the photographs, where

applicable.

7. The Licensor warrants that the use of the Intellectual Property rights licensed in this

Agreement to the Licensee does not and will not infringe the rights of any third party.

In particular, but not limited to, the Licensor warrants that the Work does not infringe

third parties' copyrights, related rights or image rights.

8. The Licensor undertakes to indemnify, defend and hold harmless the Licensee from

and against claims, demands or actions against the Licensee, as well as any costs or

expenses, including legal costs relating to legal judgements and proceedings

concerning liabilities arising from the exercise of the Intellectual Property rights

licensed under this Agreement.

9. The exercise of the rights granted hereunder shall be governed by and construed in

accordance with the law of the European Union, complemented where necessary by

the substantive laws of Belgium. In case any dispute, controversy or claim arising out

of or relating to the subject matter hereof cannot be settled amicably between the

Licensor and the Licensee, it shall be submitted to the exclusive jurisdiction of the

General Court of the European Union in Luxembourg insofar as such dispute,

controversy or claim relates to or involves the liabilities of the Licensee.

For the Licensor,

Place and Date:

Signature:

[Mr/Ms.] [Name]

[Capacity/Title, if applicable]

ANNEX 4

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:

https://myintracomm.ec.europa.eu/corp/comm/AtAGlance/Pages/CentralDeposit.aspx

The forms can also be downloaded from the following address:

http://ec.europa.eu/avservices/mediatheque/copyrights.html

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).

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:

https://myintracomm.ec.europa.eu/corp/comm/AtAGlance/Pages/CentralDeposit.aspx

The forms can also be downloaded from the following address:

http://ec.europa.eu/avservices/mediatheque/copyrights.html

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

ANNEX 5

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:

https://myintracomm.ec.europa.eu/corp/comm/AtAGlance/Pages/CentralDeposit.aspx

The forms can also be downloaded from the following address:

http://ec.europa.eu/avservices/mediatheque/copyrights.html

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”)

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:

https://myintracomm.ec.europa.eu/corp/comm/AtAGlance/Pages/CentralDeposit.aspx

The forms can also be downloaded from the following address:

http://ec.europa.eu/avservices/mediatheque/copyrights.html

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

ANNEX 6

FORM FOR THE DECLARATION OF MUSIC RIGHTS

DECLARATION OF MUSIC RIGHTS - Copies of contracts and declarations to the collecting societies should be annexed to this declaration.

Original music

Library music

Commercial music

Composer /

Arranger

Member of collecting

society (Name)

Music title

Identification

(Reference

number /

catalogue

number /

ISRC

)

CD Name /

Track

number

Publisher

Duration

of the

music

Rights acquired/paid?

Synchronisation

Publication

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