2012 EUROVISION SONG CONTEST RULES - Svt

2012 ESC Rules
SPG 17252
6.10.2011
2012 EUROVISION SONG CONTEST RULES
EVENT SCHEDULE
Country/city:
Host Broadcaster:
Venue
Amount of the total Contribution to be financed by the
Participating Broadcasters
Broadcasting details
Date and timing of the Semi-Final 1
Date and timing of the Semi-Final 2
Date and timing of the Final
Duration of the voting window
Broadcasting of the ESC vignettes before the
national programmes leading up to the ESC
Baku, Azerbaijan
Ictimai
TBD
5,720,000 CHF
Tuesday 22 May 2012 - 21.00-23.00 CET
Thursday 24 May 2012 - 21.00-23.00 CET
Saturday 26 May 2012 - 21.00-00.15 CET
Starting just after the performance of the last song and
lasting 15 minutes
Compulsory
Deadlines
Date before which the songs entered for the ESC must not have been commercially released 1 September 2011
and/or publicly performed, in full or in part
("Release Date")
Date of despatch of the Rules to EBU Members 31 October 2011
Presentation of the organization committee by the Host Broadcaster and submission thereof 15 August 2011
for approval by the Reference Group
Presentation of the final budget by the Host Broadcaster 1 December 2011
Deadline to apply to participate
24 November 2011
("Application Deadline")
Communication of the preliminary participation fees to the Participating Broadcasters
1 December 2011
("Communication Deadline")
Latest date for withdrawal from participation without financial consequences
15 December 2011
("Withdrawal Deadline")
Notification of the final amount of the Participation Fees to the Participating Broadcaster
5 January 2012
("Notification Deadline")
Deadline to request a dispensation from the compulsory televoting
("Dispensation Deadline")
Expiry of the reservation time for International Sponsors with respect to the Programme
sponsorship rights and commercial air-time
("Sponsorship Deadline")
Publication by each Participating Broadcaster on its national ESC website of the rules for its
national selection process and the rules and criteria used for the national televoting
Deadline for Participating Broadcasters to establish national ESC websites
("National Website Deadline").
Indication of the televoting preferences and televoting tariffs by the Participating
Broadcasters
("Televoting Deadline")
Meeting of the Heads of Delegation
("HoD Meeting")
1 January 2012
10 January 2012
31 January 2012
No later than 16 weeks before the
Shows and at the latest by
1 February 2012
28 February 2012
Date 18-19 March 2012
Place
Baku
"Payment Deadline" for the participation fees 22 April 2012
Delivery of stage performance materials and information
See Delivery Schedule
End of the Event Week Sunday 27 May 2012
Provision of viewing figures by the Participating Broadcasters to the EBU
See Delivery Schedule
Provision of copy of broadcasts by the Participating Broadcasters to the EBU
See Delivery Schedule
Payment of revenue share from the centralized exploitation Before 31 December 2012

2012 ESC Rules
2012 EUROVISION SONG CONTEST RULES
DELIVERY SCHEDULE
Materials/information to be delivered
to the EBU Permanent Services by each Participating Broadcaster
Materials for the production of the ESC Countdown Shows
and other audiovisual programmes.
Digital recording of the broadcast of the Final of the national selection
Materials for the CD/DVD compilation
Original master recording (professional studio recording) of the track as it is
being performed at the ESC:
o A full version (on CD, on FTP server or via www.yousendit.com)
o A full version without the lead vocal(s) (but including backing singer vocals) to be used as karaoke
version (on CD, on FTP server or via www.yousendit.com)
Complete label copy including the following exact information on the participating
song (on FTP server/ESC Intranet):
o Title
o Artist name(s)
o Name(s) of the Composer(s)
o Name(s) of the Lyricist(s)
o Name(s) of the Publisher(s), if any
o ISRC Codes - one on the full version, one on the karaoke version
High Resolution photo(s) of the Artist(s) for e.g. release booklets (on FTP
server/ESC Intranet)
The Lyrics (in Roman letters) of the participating song as it will be performed at the
ESC possibly for e.g. release booklets (on FTP server/ESC Intranet)
Video of local performance, music and/or presentation video (the "Preview
Materials") possibly for e.g. inclusion on the DVD and/or in TV/Internet marketing (on
DigiBeta).
If available, Biographies and/or Artist Logos (on FTP server/ESC Intranet).
Signed CD/DVD licence Agreement
Materials in relation to the song
Two copies of a sound recording of its entry and the corresponding backing-track
(which shall contain no vocals of any kind or any vocals imitations), where applicable.
Two copies of a video clip of the song, on DigiBeta, Beta SP or SX tape, to be used as
a Preview so as to enable the Host Broadcaster to edit and copy the tapes and to
distribute them to the Participating Broadcasters during the HoD Meeting.
Information for the Official ESC Website and the CD/DVD Compilation album
(to be completed and materials to be uploaded in the data entry sheet on the ESC Intranet)
The lyrics of the song in the language in which it will be sung at the Shows, together
with English and French translations (as applicable), for duplication and distribution to
the Participating Broadcasters.
Song details, MP3 sound file, WMV video file.
Recording and broadcast information.
Biographies (with English and French translations, as applicable), pictures of the
artist(s), and any relevant material, as well as, on a regular basis, as much information
and as many pictures as possible for, inter alia, publication on the official website of
the ESC.
Promotional details.
Deadline
Within two weeks of the
broadcast of the Final of
the national selection
At the HoD Meeting and
in any case by no later
than eight weeks prior to
the ESC Event week
At the HoD Meeting
No later than eight weeks
prior to the ESC Event
week
By the date of the HoD
Meeting
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2012 ESC Rules
Stage performance Materials
Video presentation of the song on stage by the artist(s) participating in the Shows (for
internal use by the camera director, any format therefore being acceptable), clearly
showing how the song will be performed on stage
Stage performance information
Information on the stage performance (including the positions and movements on
stage), the performers, make-up and hair-dressing, commentary booth booking and
tickets requests, etc. to be indicated on specific forms to be distributed in due time.
Whether or not pyrotechnical effects on stage are desired. This matter shall be
decided by the Host Broadcaster and the EBU Permanent Services in close
cooperation with the fire and security authorities at the venue.
Whether a drum kit and/or grand piano or other instruments and/or stage design
elements on stage for decorative purposes are needed. No instruments on stage shall
be connected to a microphone. (Dummy microphones shall be possible.) If the request
is acceptable to the Host Broadcaster, the latter shall accord its permission in writing.
Provision of qualitative and quantitative information on the ESC
Viewing figures for the Semi-Finals and the Final
An off-air VHS or DVD recording of the national broadcasts of the Semi-Final and of
the Final
The completed feedback questionnaire.
By the date of the HoD
Meeting and no later than
30 days before the first
Semi-Final
By the date of the HoD
Meeting and no later than
30 days before the first
Semi-Final
No changes or corrections
shall be allowed, and no
exceptions shall be made
as from 30 days before
the first Semi Final
Within 48 hours of the
Final
Within two weeks of the
national broadcast of the
Final
Within two weeks of the
national broadcast of the
Final
The Host Broadcaster shall decide, in conjunction with the EBU, whether it is able to comply with requests and
instructions from delegations regarding such matters as camera direction, use of a backing-track, pyrotechnic effects,
etc. If a Participating Broadcaster has not provided any the above-mentioned information or material in part or in full
by the Deadline, the Host Broadcaster shall remain free to decide on the use of the above-mentioned elements
without any right for the participating delegation to intervene.
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2012 ESC Rules
2012 EUROVISION SONG CONTEST
CONFIRMATION FOR PARTICIPATION
This form should be completed and returned, signed by a duly authorized representative,
to Mrs Stephanie Caflisch of the Eurovision TV Department
by e-mail caflisch@ebu.ch or by fax: +41 22 747 44 59
by 24 November 2011 at the latest.
………
I (name and function)
……………………………………………………………………………………………………...
of (organization)
……………………………………………………………………………………………………..
e-mail……………………………………..
Telephone number…………………………….
hereby confirm that my organization wishes to take part as a Participating Broadcaster in the Eurovision Song Contest
2012, which is due to take place as follows:
Semi-Final 1 Tuesday, 22 May 2012
Semi-Final 2 Thursday, 24 May 2012
from 21.00 to approx. 23.00 CET
Grand Final Saturday, 26 May 2012 from 21.00 to approx. 00.15 CET
hereby certify that my organization agrees to abide by the Rules of the Eurovision Song Contest 2012.
hereby confirm that I am aware that, in case of acceptance of my organization as a Participating Broadcaster, the EBU
Permanent Services will notify the amount of my organization's
‣ preliminary participation fee, by the Communication Deadline
‣ final participation fee, by the Notification Deadline
hereby acknowledge that if my organization has not withdrawn by the Withdrawal Deadline (the latest date to withdraw
without financial consequences), my organization shall be liable to participate in the Eurovision Song Contest 2012 and
shall be required to abide by the Rules thereof.
hereby confirm that my organization shall obtain the signature of the Standard Licence Agreement as attached hereto
under Annexe 4 (without any modification) by the HoD Meeting.
Name of terrestrial television channel(s) broadcasting the Semi-Finals
Name of terrestrial television channel(s) broadcasting the Grand Final
Signature:…………………………………………
Date:……………………………...
______________________
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2012 ESC Rules
TABLE OF CONTENTS OF THE RULES FOR THE EUROVISION SONG CONTEST
SECTION 1
THE EUROVISION SONG CONTEST
1.1) Description .................................................................................................. 2
1.1.1) EBU Coproduction .................................................................................................. 2
1.1.2) Content................................................................................................................... 2
1.1.3) Determination of the scores and of the winning song .............................................. 2
1.2) Criteria of eligibility .................................................................................... 3
1.2.1) Songs ..................................................................................................................... 3
1.2.2) Performances and artists ........................................................................................ 3
1.3) National Juries ............................................................................................ 4
1.3.1) Composition ........................................................................................................... 4
1.3.2) Implementation ....................................................................................................... 4
1.3.3) National Juries' voting procedure ............................................................................ 4
1.4) Procedure in case of a tie in the Semi-Finals or in the Final ................. 5
SECTION 2
LEGAL AND FINANCIAL PROVISIONS
2.1) Application process ................................................................................... 6
2.1.1) Eligibility of Members .............................................................................................. 6
2.1.2) Procedure ............................................................................................................... 6
2.2) Participating Broadcasters' commitments .............................................. 6
2.2.1) Next ESC ............................................................................................................... 6
2.2.2) Undertakings .......................................................................................................... 7
2.3) Rights acquisition ...................................................................................... 8
2.3.1) Rights, authorizations and undertakings to be obtained
by each Participating Broadcaster .......................................................................... 8
2.3.2) Guarantee/indemnification ...................................................................................... 10
2.4) Exploitation/Grant of rights ....................................................................... 10
2.4.1) Broadcasting obligations of the Participating Broadcasters ..................................... 10
2.4.2) Participating Broadcasters' rights ............................................................................ 11
2.4.3) EBU's rights and obligations ................................................................................... 12
2.5) Funding ....................................................................................................... 14
2.6) Measures intended to compensate for damage caused or a
breach of the ESC Rules by a Participating Broadcaster ...................... 15
2.6.1) Indemnification ....................................................................................................... 15
2.6.2) Fines ...................................................................................................................... 16
2.6.3) Sanctions ............................................................................................................... 18
2.7) Postponement, transfer or cancellation of the Shows ........................... 20
SECTION 3
CENTRALIZED EXPLOITATION
3.1) Centralized marketing activities ............................................................... 22
3.1.1) Centralized Event sponsorship ............................................................................... 22
3.1.2) Centralized Programme sponsorship ...................................................................... 22
3.1.3) Offer of commercial air-time .................................................................................... 23
3.1.4) Merchandising ........................................................................................................ 23
3.2) Centralized televoting ................................................................................ 24
3.2.1) Rules for implementation ........................................................................................ 24
3.2.2) Centralized televoting operation ............................................................................. 24
3.2.3) Guidelines .............................................................................................................. 24
3.2.4) Instructions related to the televoting ....................................................................... 25
3.2.5) Announcement of the results of the televoting 25
3.3) Sharing of revenue ..................................................................................... 25
3.3.1) Sharing key ............................................................................................................ 25
3.3.2) Distribution ............................................................................................................. 26
Annexe 1 Duties of the Host Broadcaster ............................................................................................... 27
Annexe 2 Role of the Reference Group .................................................................................................. 30
Annexe 3 Duties of the EBU................................................................................................................... 32
Annexe 4 Standard licence agreement for the CD/DVD compilation ...................................................... 33
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2012 ESC Rules
1.1) Description
1.1.1) EBU Coproduction
SECTION 1
THE EUROVISION SONG CONTEST
The Eurovision Song Contest (the "ESC") is an international coproduction by EBU Members which is
carried out under the auspices of the European Broadcasting Union (the "EBU") as part of the
television programme exchange known as Eurovision.
A maximum of 46 Active EBU Members shall be allowed to participate (the "Participating
Broadcasters"). Active EBU Members from a maximum total of 26 countries shall compete in the
Final. There shall be six guaranteed places therein (i.e. one for the producing organization (the "Host
Broadcaster"), five EBU Members from France, Germany, Spain, Italy and the United Kingdom).
Subject to a decision by the EBU in consultation with the Reference Group, the number of guaranteed
places in the Final may be modified depending on circumstances. Apart from the six broadcasters
with guaranteed places, all Participating Broadcasters from a maximum of 40 countries shall compete
in one of the Semi-Finals for the 20 remaining places in the Final.
1.1.2) Content
The ESC is composed of three live Shows, two Semi-Finals usually taking place on Tuesdays and on
Thursdays and one Final taking place on Saturdays. The Shows are produced and transmitted live by
the Host Broadcaster (see the Event Schedule) and are made available over the Eurovision satellite
network for live broadcast by the Participating Broadcasters.
Each Show is a state-of-the-art, world-class television production and consists chiefly of successive
live televised performances of songs by artists entered by the Participating Broadcasters to represent
their countries. Each song which competes in the ESC shall be selected through a national selection
to be organized by each Participating Broadcaster. The national selection is organized under the sole
responsibility of the Participating Broadcaster in question.
The main title of the Shows is the "Eurovision Song Contest", followed by the year during which it
takes place. It shall be used by all broadcasters, although they may instead use a translation into their
national language, subject to the approval of the EBU Permanent Services. If the translation is
approved, the main title need not be used. Broadcasters are also permitted to include a minor title
under the main title, using the name by which the ESC has been known in recent years in their
respective countries.
The allocation of the countries to the two Semi-Finals is decided by the Reference Group (a group of
representatives of the Participating Broadcasters). The order of appearance of the songs in the
Shows is decided by means of draws organized by the Host Broadcaster. The Shows are presented
on stage, in both English and French, by the international presenters. National commentary by
commentators appointed by each of the Participating Broadcasters is added to the international
version of the Shows for broadcast in their respective countries.
1.1.3) Determination of the scores and of the winning song
Viewers in the countries of the Participating Broadcasters are invited to vote for their favourite songs
(without the possibility of voting for the song representing their own country) by means of televoting,
which shall be implemented in all the countries of the Participating Broadcasters.
In both Semi-Finals and in the Final, the final scores of the songs in each country shall be calculated
on the basis of both the results of televoting and the National Jury's vote. The exact ratio that will be
applied shall be determined by the Reference Group and notified to the Participating Broadcasters.
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2012 ESC Rules
The final scores shall be determined as follows:
12 points shall be allocated to the song having obtained the highest number of points from the
combined number of votes from the televoting and from the National Jury;
10 points to the song having obtained the second-highest combined number of votes from the
televoting and from the National Jury,
8 points to the song having obtained the third-highest combined number of votes from the
televoting and from the National Jury,
7 points to the next,
and so on, down to 1 point for the song having obtained the tenth-highest combined number
of votes from the televoting and from the National Jury.
Once all the songs have been performed, the results shall be announced. In each Semi-Final, the ten
songs which have received the highest number of points from the combination of the televoting and
jury points shall be selected for the Final. The results in each Semi-Final shall be announced by the
international presenters, opening envelopes containing the names of the countries which have
qualified from the Semi-Finals for the Final. In the Final, the results in each country shall be
announced in turn by the spokesperson of each Participating Broadcaster, clearly and distinctly in
English or in French (stating first the name of the country concerned and then the points allocated to
the songs, in ascending order).
The respective winners of the Semi-Finals and of the Final shall be the song(s) which, according to all
information made available to the EBU Permanent Services by the pan-European televoting partner,
has/have obtained the most points from the combined calculation of the televoting results and of the
National Juries' votes at the time of announcement of the results.
The song writer(s), artist(s) and Participating Broadcaster of the winning song(s) in the Final shall
receive the ESC Trophy, and the transmission of the Final shall end with a further performance of the
winning song(s).
The full results of the voting in the Semi-Finals and the Final shall be announced on the official
website of the ESC, www.eurovision.tv, shortly after the end of the Final.
1.2) Criteria of eligibility
1.2.1) Songs
a) The songs (lyrics and music) must not have been commercially released and/or publicly
performed, in full or in part, before the Release Date (see the Event Schedule).
b) The maximum duration of each song is three minutes. Any song/performance which is longer
may be disqualified by the EBU Permanent Services after consultation with the Reference
Group.
1.2.2) Performances and artists
a) Each performance may consist of a maximum of six people on stage. No live animals shall be
allowed on stage.
b) All artists competing in a Semi-Final must be aged at least 16 on the day of the Final. All
artists competing only in the Final must be aged at least 16 on the day of the Final.
c) No artist may compete for more than one country in the ESC in a given year.
d) Each Participating Broadcaster is free to decide the language in which its artist(s) will sing.
e) Artists shall perform live on stage, accompanied by a recorded backing-track which contains
no vocals of any kind or any vocal imitations. The Host Broadcaster shall verify respect for
this rule.
f) Changes to the lyrics, the artist or group (including its name), the title of the song and the
language of the performance (i.e. all elements which appear in printed material such as
brochures, CD covers and booklets) shall be allowed only up until the date of the HoD
Meeting. Any later changes may be approved only by the Host Broadcaster, in consultation
with the EBU Permanent Services, but in such a case an automatic penalty shall be applied
(see clause 2.6.2 a) below).
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2012 ESC Rules
g) The lyrics and/or performance of the songs shall not bring the Shows, the ESC as such or the
EBU into disrepute. No lyrics, speeches, gestures of a political or similar nature shall be
permitted during the ESC. No swearing or other unacceptable language shall be allowed in
the lyrics or in the performances of the songs. No commercial messages of any kind shall be
allowed. A breach of this rule may result in disqualification.
1.3) National Juries
1.3.1) Composition
In each participating country, there shall be a National Jury to be appointed by that country's
Participating Broadcaster to vote in the Semi-Finals and in the Final.
Each National Jury shall be composed of five members, including a chairperson. In addition, each
Participating Broadcaster shall appoint a back-up member in case a member cannot fulfil his duty.
Members of the National Juries must not be employees of Participating Broadcasters.
Members of the National Juries must pursue one of the following professions within the music
industry: radio DJ, artist, composer, author of lyrics or music producer.
There shall be a balance among the members of each National Jury to ensure sufficient
representativeness in terms of gender, age and background.
All members of the National Juries shall be citizens of the country they represent.
No member of a National Jury shall be connected in any way with any of the participating songs
entered and/or artists performing in the ESC in such a way that they cannot vote in complete
independence and impartiality.
The names of the members of the National Juries may not be disclosed until the day of the Final but
they must be made known on air during the Final by the national commentator(s) in the territory
concerned.
1.3.2) Implementation
All Participating Broadcasters having a contestant in a Semi-Final shall ensure that a National Jury
votes in that Semi-Final. The six Participating Broadcasters with guaranteed places in the Final shall
also appoint a National Jury to vote in the Semi-Final which they are required to broadcast. All
Participating Broadcasters shall appoint a National Jury to vote in the Final (even if their song is not
selected for the Final). The same National Jury shall vote in the Semi-Final and in the Final.
Implementation of the compulsory televoting shall not exempt any Participating Broadcaster from
appointing a National Jury. National Juries shall vote in all countries and in all cases.
The votes of the National Juries shall be used (i) in case of a technical or similar failure in the
televoting procedure, (ii) in all cases, for calculating the ranking of the songs in the Semi-Finals and in
the Final and (iii) to solve a tie situation should two or more songs receive the same number of
televotes . The exact ratio applied between the results of the votes from the National Juries and the
votes from the televoting shall be determined by the Reference Group.
The EBU Permanent Services shall decide during the Semi-Finals and the Final whether only the
National Jury votes shall be used. In particular, the EBU Permanent Services may decide to use such
votes in a given country if an insufficient number of televotes has been registered in that country.
1.3.3) National Juries' voting procedure
Each National Jury shall meet in its own country on the day of the second Dress Rehearsal of the
Semi-Final in which it is responsible for voting and on the day of second Dress Rehearsal of the Final.
The National Juries shall watch the live transmission of the second Dress Rehearsals and proceed to
vote in accordance with the EBU's instructions included in the so-called "Green Document".
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2012 ESC Rules
All members of the National Juries shall receive their own voting sheet (to be distributed by the pan-
European televoting partner) and shall be required to send a form, duly completed, in which they
confirm that they will comply with the voting instructions, as well as a signed declaration in which they
undertake to vote independently.
After the presentation of all the songs in a given Show, each member shall award 12 points to his
favourite song, 10 points to his second favourite song, 8 points to his third favourite song, 7 points to
the next, and so on down to 1 point for his tenth favourite song. Abstentions are not allowed. The
song representing the country of the Participating Broadcaster which has appointed the National Jury
shall be excluded from the vote.
The chairperson shall be responsible for collecting the voting sheets of all jury members after all the
songs have been performed, for counting the votes and for awarding the points according to the
following system: 12 points shall be allocated to the song which has received the most votes from the
members of the National Jury, 10 points shall be allocated to the song gaining the second highest
number of votes, 8 points to the song gaining the third highest number of votes, 7 points to the next,
and so on down to 1 point for the song gaining the tenth highest number of votes.
Each National Jury's deliberations shall be monitored by a notary, whose tasks shall be to:
- ensure compliance with the voting rules;
- collect, check and certify the calculation of the results and the completed voting papers
established by the chairperson before the points are awarded and entered into a computer by
the chairperson, to avoid any calculation error;
- send by fax all the certified voting papers to the pan-European televoting partner. Respect for
this provision shall be the responsibility of the Participating Broadcasters.
The Chairperson and the Notary shall remain available and must be attainable at any time until the
beginning of the Shows.
1.4) Procedure in case of a tie in the Semi-Finals or in the Final
If there is a tie between two or more songs when the combined calculation between televotes and
National Jury votes is used to determine the final ranking of the songs in the Semi-Finals or in the
Final, the song(s) which obtained the most votes from the televotes shall be ranked highest.
Should two or more songs receive exactly the same number of televotes in a given country, the
results of the National Jury shall be used to determine their respective ranks (i.e. the song having
obtained the most votes from the National Jury shall be ranked highest). If these songs have received
no votes from the National Jury, their ranks shall be determined by a draw to be held by the pan-
European televoting partner under the supervision of the EBU Permanent Services.
Should two or more songs receive exactly the same number of points from a National Jury, the order
shall be ascertained by a show of hands by the members of the National Jury. If there is still a tie, the
final order shall be decided by the vote of the youngest member of the National Jury.
Should there be a tie for the last position in a Semi-Final (because two songs have received the same
number of points) or for the first place in the Final, as well as any other situation where a tie occurs,
the winner shall be the song which has obtained points from the highest number of countries. If the
tying songs have received points from the same number of countries, the highest number of 12-point
scores shall be decisive. If the winner still cannot be determined by this procedure, the number of
times ten points have been awarded shall be the deciding factor. If necessary, this method shall
continue until account has been taken of the number of times one point has been awarded.
In the very unlikely case that after applying the above procedure in a Semi-Final there is still a tie
concerning the qualifying ranks and non-qualifying ranks, the tie shall be resolved by giving
precedence to the country which was earlier in the running order for the Semi-Final in question. The
same procedure shall be used to resolve any other ties.
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2012 ESC Rules
2.1) Application process
2.1.1) Eligibility of Members
SECTION 2
LEGAL AND FINANCIAL PROVISIONS
Only television broadcasters which are Active Members of the EBU are eligible to participate in the
ESC. The EBU Permanent Services may apply additional rules in order to ensure that the number of
participating broadcasters is suitable for the format of the Shows.
In accordance with the EBU Code of Finance, any Member which has been in debt to the EBU for
more than 240 days at the time of the Communication Deadline shall automatically be denied access
to the ESC, unless the Member settles, before the Withdrawal Deadline, all its debts to the EBU which
are older than 90 days. If, after the Withdrawal Deadline but not later than two weeks before the HoD
Meeting, a Participating Broadcaster has vis-à-vis the EBU any unpaid invoice older than 240 days, it
shall be subject to disqualification from the ESC and may therefore not be authorized to present its
entry or to participate in the ESC. It shall nevertheless remain liable for paying its final participation
fee.
2.1.2) Procedure
All Active EBU Members wishing to participate in the ESC must complete the confirmation of
participation form attached hereto and return it by the Application Deadline (see the Event
Schedule) as per the indications mentioned therein.
On the basis of the replies received, the Reference Group shall draw up a list of Participating
Broadcasters and shall notify to them the preliminary participation fees by the
Communication Deadline (see the Event Schedule). If more than 45 countries apply to participate in
the ESC, the Reference Group shall decide which countries shall have priority to participate. One
criterion may be to give priority to countries which have participated the most often in the five previous
editions of the ESC. The remaining countries shall be placed on a waiting list and shall be notified
accordingly. If a place becomes available in one of the Semi-Finals the Reference Group shall decide,
preferably through a draw, which Member shall have the right to participate.
Any EBU Member accepted as a Participating Broadcaster may withdraw without incurring any
financial penalty until the Withdrawal Deadline (see the Event Schedule). Without prejudice to any
sanction which may be applied as per the provisions of Section 2.6 below, if after the Withdrawal
Deadline a Participating Broadcaster withdraws or is disqualified for non-compliance with these
Rules, it shall remain liable for paying 100% of its final participation fee.
The final participation fees shall be established by the EBU Permanent Services and shall be
communicated to the Participating Broadcasters on the Notification Deadline (see the Event
Schedule) at the latest.
In any of the above-mentioned circumstances the EBU Permanent Services remain free to decide
whether or not to replace a Participating Broadcaster which is disqualified or has withdrawn by
another EBU Member if this is still compatible with the schedule for preparing the Shows.
2.2) Participating Broadcasters' commitments
2.2.1) Next ESC
By applying to participate, each Member must also be willing and able to host the next ESC with all its
obligations, as set out in Annexe 1 and further detailed in the Host Broadcaster agreement.
If so required by the EBU, the Participating Broadcaster which has entered the winning song shall:
be obliged to host the next edition of the ESC in accordance with the corresponding rules and
with the obligations set out in Annexe 1;
provide a financial guarantee, which shall be, if the EBU Permanent Services so require, a
pre-condition for the EBU definitively entrusting the Participating Broadcaster which has
entered the winning song with the organization and production of the next edition of the ESC.
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Should a Member not accept or abide by any of those rules, or if that Member cannot fulfil all the
requirements listed in Annexe 1 and further detailed in the Host Broadcaster agreement, the EBU
Permanent Services shall be free to pass the option to host the ESC to another EBU Member, subject
to its acceptance of the Host Broadcaster rules. That other EBU Member shall be chosen by the EBU
Permanent Services at their sole discretion.
2.2.2) Undertakings
By entering a song for the ESC and signing the confirmation for participation form each Participating
Broadcaster:
a) accepts the present Rules (including to comply with all requirements and deadlines specified in
the attached Schedules) , which apply to the present Eurovision Song Contest as a whole; and
b) confirms that its commitment to participate in the present Eurovision Song Contest shall remain
valid in all its provisions even if a modification occurs to the host city and/or to the host country
and/or if the organization and production thereof is ensured by a host broadcaster other than
the one mentioned in the Event Schedule; and
c) undertakes to obtain the signature of the CD/DVD licence agreement as attached hereto
without any modification or addition; and
d) undertakes that it shall not engage in any action or behaviour, or allow any person under its
control or for which it is responsible under the present Rules to engage in such action or
behaviour, which could bring the ESC or the EBU into disrepute; and
e) undertakes to enter a national song and an artist in compliance with the present Rules and to
organize a national selection process as it deems fit and under its sole responsibility; and
f) undertakes to appoint a Head of Delegation, who shall act as the point of contact between the
EBU Permanent Services and/or the Host Broadcaster and who shall as such be fully
responsible for all aspects of his/her organization's participation, and in particular to:
- attend the (compulsory) HoD Meeting;
- monitor all aspects of the national entry, including delivering the material requested by
the EBU Permanent Services and the Host Broadcaster in due time;
- ensure that the present Rules are respected;
- be (i) responsible for his or her national delegation, which shall consist of a maximum of
25 accredited persons and (ii) in charge of supervision thereof during the ESC; and
g) undertakes to appoint a National Jury and to organize voting procedures in compliance with the
present Rules and the provisions of the so-called green document; and
h) shall be responsible for its country's applications for accreditation for journalists and fans, in
accordance with the instructions given by the EBU; and
i) shall ensure that:
- its delegation and artists arrive in due time in the ESC city to be able to participate in the
first rehearsal on stage (the detailed rehearsal schedule to be provided by the Host
Broadcaster during the HoD Meeting) and stay until the end of the event week (see exact
date on the Event Schedule)
- in case its artists win the ESC, ensure that they take part in the press conference held
after the Final;
- its delegation stays at one of the official hotels appointed by the Host Broadcaster and/or
the EBU; and
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j) shall ensure that its commentators and spokespersons respect the spirit and fairness of the
competition. The commentators and spokespersons shall not make any gestures or speeches
of a political, commercial or similar nature or use swearing or other unacceptable language,
and/or make any sexist, racist or otherwise unduly discriminatory comments about the artists or
songs. Commentators shall refrain from talking during the performance of the songs and from
urging the audience to vote for, or not to vote for, any particular song. The commentators and
spokespersons shall be neutral and shall in no case have been involved in the composition of
the music or in the writing of the lyrics of any song participating in the ESC; and
k) undertakes to make every effort to promote its national selection process
- in its national media, including the promotional trailer for the ESC and/or news coverage and
broadcast the Previews in advance of the Shows
- in a national ESC Website dedicated to its national selection or a dedicated webpage
within its main website (to be established by the National Website Deadline). Each
Participating Broadcaster shall make its best efforts to render such national website as
appealing as possible. Within the limits of any relevant national rules and regulations, it shall
also establish, from that national website or dedicated page, a link to the official website of the
ESC (www.eurovision.tv) and provide the address of its national website or dedicated page to
the EBU Permanent Services and to the ESC Communications Manager. In addition, each
Participating Broadcaster shall publish on its website and, if possible, on its teletext pages (text-
TV) the rules regarding its national selection process, and the rules and criteria used for the
national televoting, in order to ensure transparency. After the national selection each
Participating Broadcaster shall also publish a complete account of the execution of these rules
and criteria; and
l) shall fully cooperate with respect to centralized sponsorship arrangements; and
m) undertakes to abide by the provisions of the so-called green document, which shall form an
integral part of the present Rules and shall be binding upon the Participating Broadcaster.
2.3 Rights acquisition
2.3.1 Rights, authorizations and undertakings to be obtained by each Participating
Broadcaster
As a condition for participating in the ESC, and with the purpose of promoting the ESC and the
participating songwriters and artists as extensively as possible to an international audience, each
Participating Broadcaster must ensure that the songwriter(s), composer(s), artist(s), master owner of
the (audio) recordings and any other possible right owner(s) of the selected song/recordings will grant
the transferable rights listed hereafter (unless permission to use any such rights is obtained from a
collecting society):
a) Broadcasting Rights: These are the worldwide exclusive rights, unlimited in time, to record
and broadcast the live (both audio and audiovisual) performance of the song at the Shows (including
each Dress Rehearsal) and to broadcast a recording thereof, an unlimited number of times, for
simultaneous reception by the public, in private and public places by any technical means (such as
terrestrial transmitters, satellite, wire, cable, fibre, telephone lines, broadband, the Internet and mobile
telephony, or any combination thereof (including simultaneous, unabridged and unchanged
retransmission via such means), in whatever technical standard (such as analogue, digital or high
definition), for reception and display on any type of device (such as television sets, giant screens,
video walls, computer screens, hand-helds, portable devices, and mobile phones), and irrespective of
the mode of financing of the service, such as free of charge or against payment.
It is understood that the exercise of these rights also allows the live and/or deferred and/or ondemand
transmission of the Shows and of the Dress Rehearsals, in whole or in part, or otherwise
making-available (on-demand use free of charge or against payment) of the live (both audio and
audiovisual) performance of the song at the Shows (including at any of the Dress Rehearsals), via
any of the above-mentioned means.
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b) Public Performance Rights: these are the worldwide exclusive rights, unlimited in time, to
present the broadcast of the Shows and recordings thereof (including the Dress Rehearsals), in whole
or in part, as well as the Previews and any national selection extracts, on a live or deferred basis in
any public places (such as cinemas, theatres and public exhibitions), whether or not against an
entrance fee, an unlimited number of times.
c) Preview Rights: These are the worldwide exclusive rights, unlimited in time, to broadcast or
otherwise make available (on-demand use) or incorporate into any audiovisual work a video recording
of the performance of the song (the "Preview"), in whole or in part, on television or via the Internet or
wireless technology (including via mobile phones or any portable receivers). These previews may also
be included on the official DVD Compilation and/or offered as Digital Releases.
d) CD, DVD compilations and Digital Releases Rights: These are the worldwide rights
necessary for releasing the audio recordings of the participating track (full version and karaoke
version) and the audiovisual recordings of the Shows (as well as the Dress Rehearsals) including all
the participating songs as performed in the Shows and during the Dress Rehearsals as parts of CDs
and DVDs (or similar carriers) compilations of the ESC and other digital media products on an
unbundled or bundled basis. The CD, DVD Compilations and other ESC digital media products are to
be released throughout the world by the EBU Permanent Services, or by a third party appointed only
by the EBU Permanent Services as described in more detail in Annexe 4.
e) Extract Rights: These are the non-exclusive worldwide rights, unlimited in time, for
incorporating a sound or video recording of the broadcast performance of the selected song, as part
of the Shows or as part of the Dress Rehearsals as well as any part of the Shows, in whole or in part,
into any other media services or ESC products provided by the Participating Broadcasters and/or the
EBU on behalf of its Members, as well as into any audiovisual work or other media services provided
by third parties.
f) National Selection Extract Rights: These are the worldwide non-exclusive rights, unlimited
in time, for incorporating extracts from the broadcast of the televised national selection, in whole or in
part, into any programme to be produced centrally on behalf of the EBU and broadcast and/or
otherwise made available (including on-demand) via any technical means (including the Internet). If
the televised national selection programmes contain celebrity acts for which it is not possible to clear
the rights to the extent required hereunder, then such celebrity acts shall not be incorporated.
g) Lyrics: These are the rights to be obtained from the songwriter to make copies of the lyrics,
as well as translations thereof, for an unlimited time, into English, French and any other languages of
the Participating Broadcasters, for making available free of charge at the Shows, for informational and
promotional use by the EBU, by the Host Broadcaster (e.g. in programme booklets at the venue) and
by the Participating Broadcasters (for commentary purposes and possibly for subtitling). In addition,
the songwriter shall be required to authorize the reproduction of the lyrics for incorporation as an
information sheet and/or booklet accompanying any CD DVD Compilations and/or for publishing on
the Internet on the official website of the ESC (www.eurovision.tv) including in connection with the
sales of Digital Releases.
h) Commentators and Spokespersons: these are the rights to use commentators' and
spokespersons' commentary/contributions in any media (including the Internet) and/or on any support,
including as a separate soundtrack on DVD (or similar carriers).
i) Promotional material: These are the rights to use, reproduce, print and publish the name,
likeness, voice, photographs and biography of all artists and other right owners in connection with the
promotion, broadcast and/or commercial exploitation of the Shows by all means and in all media,
whether now known or hereafter developed, for an unlimited period of time. This includes the use of
photographs taken at the rehearsals and any "behind the scenes" audiovisual material for the CD
DVD Compilation, the official ESC website or other ESC media products as per Annexe 4 and the use
of the footage, or other films or photographs, made at the Dress Rehearsals and/or during the press
conferences for any of the aforementioned purposes.
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j) Karaoke - on-line competition: This is the undertaking to be obtained from the songwriter,
the composer and/or their publisher that (i) they agree not to object to the performance of the lyrics of
the song, with or without an accompanying backing-track of the song, by any person who participates
with the song in an on-line competition to be organized by the EBU and/or via the official website of
the ESC, and that (ii) they allow the audiovisual recording of that performance to be made available to
the public free of charge (e.g. as streaming and/or downloads) and to be broadcast worldwide
an unlimited number of times, without limitation in time and via any technical means (including
television, the Internet, broadband and mobile telecommunications technology).
k) Press conferences: This is the undertaking to be obtained from the artists that they agree to
take part in press conferences if so requested by the EBU. The winning artist(s) shall be obliged to
participate in the official press conference to be held on the day after the Final and to authorize the
use of any recording thereof on any media (including the Internet) without limitation in time and the
inclusion of such material in the CD DVD Compilation.
l) Filming: This is the authorization to be obtained from the artists that they agree to be filmed
during the Event for the purposes of magazines, documentaries, news reports and the like to be
produced by other Participating Broadcasters in relation to the ESC and to authorize the use of such
material via any media, including the Internet and without limitation in time and the inclusion of such
material in the CD DVD Compilation.
2.3.2) Guarantee/indemnification
Each Participating Broadcaster shall ensure that its relationship with the artists and other parties with
respect to its national selection process is entirely under its own responsibility and does not give rise
to any claim concerning the organization, preparation or broadcast of the ESC by the EBU or any of
its Members. Without prejudice to any sanction which may be applied under Section 2.6, each
Participating Broadcaster shall indemnify all other organizations concerned and the EBU against any
claims whatsoever arising from authors, composers, artists, publishers, producers, agents, managers,
master owners of the recordings of the songs or any other persons or entities in respect of any of the
broadcasts or other uses of the songs pursuant to the present Rules.
2.4 Exploitation/Grant of rights
2.4.1 Broadcasting obligations of the Participating Broadcasters
a) Live Broadcast of the Shows
Each Participating Broadcaster shall broadcast live the Semi-Final in which it has a
contestant, in its entirety on one of its main national terrestrial channels.
At the latest during the HoD Meeting, the Reference Group shall inform the six Participating
Broadcasters not competing in the Semi-Finals which of the two Semi-Finals they shall
broadcast live. In the Semi-Final in question their viewers shall be given the possibility to
participate in the televoting, it being understood that the Semi-Final may be broadcast on one
of the secondary national terrestrial channels.
All Participating Broadcasters shall broadcast the Final live in its entirety on one of their
main national terrestrial channels.
b) Recording of the Dress Rehearsals and relevant Semi-Final
Each Participating Broadcaster shall make recordings of the second dress rehearsal of the Final
and of that Semi-Final for which a live broadcast is compulsory for the Participating Broadcaster.
These recordings shall be used as local back-up and shall be broadcast by the Participating
Broadcaster in case problems occur with the live transmission. If the live signal of a given Show is
interrupted in a particular country, the Participating Broadcaster in that country shall put on air the
recording of the Dress Rehearsal corresponding to the Show in question as long as reception of the
live signal is interrupted. The recording should be played simultaneously with the live broadcast so
that, in case of problems, it remains perfectly in sync therewith if it is necessary to switch to the tape.
To ensure smooth transition in case of an interruption, the tape must be resynchronized from time to
time. For each of the three Shows, the originating production van at the venue shall also play the
tapes of the corresponding Dress Rehearsals so that in case local problems occur in the city the
signal of the tape will be transmitted instead of the live signal.
c) Eurovision signature tune and logo
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All broadcasters shall transmit the Eurovision signature tune and logo and the relevant ESC logo at
the start and at the end of the Shows. The duration thereof shall be subject to the approval of the EBU
Permanent Services.
d) Vignettes (if produced)
All Participating Broadcasters shall, before any national programme leading up to the ESC (including
the national selection programmes), broadcast an ESC vignette to be provided by the EBU. It is
indicated under the Event Schedule whether or not such broadcast is compulsory. In no case shall the
vignettes be broadcast and/or made available on a stand-alone basis. The vignettes shall be made
available in two versions (nine and 18 seconds).
The vignettes can be used by the Participating Broadcasters, on their territory only, an unlimited
number of times until the next ESC for:
linear broadcast on their main or secondary terrestrial channel (including unabridged,
unchanged and simultaneous retransmission thereof via cable and/or satellite) as well as on
their 100%-owned international generalist channels, and
non-linear broadcast on a wholly-owned website, as well as on their wholly-owned customary
catch-up service for on-demand streaming.
2.4.2) Participating Broadcasters' rights
a) Grant of Rights
All Participating Broadcasters shall be granted the following rights, on their own territory:
(i)
For the Shows:
Subject to continued compliance with these Rules (including the provisions relating to branding and
sponsorship/marketing), the exclusive, non-transferable right, to:
Broadcast on a linear basis (live or deferred) an unlimited number of times until the next
ESC, (the celebrity act may have to be excluded for deferred broadcasts taking place 30 days
after the Final, in which case the EBU Permanent Services shall inform the Participating
Broadcasters)
on their main or secondary terrestrial channel (including unabridged, unchanged and
simultaneous retransmission thereof via cable and/or satellite);
on their own wholly-owned radio, digital or satellite channels (in accordance with the
EBU Rules on the Sharing of the Eurovision Signal);
on a wholly-owned website, only with the national commentaries and provided that the
webcast is unchanged, unabridged and simultaneous with the live or deferred broadcasts
of the Participating Broadcasters' own national broadcasts of the Shows on their
terrestrial channels. In addition, any webcast shall comply, to the extent allowed by
national laws, with the same sponsorship requirements as the other transmissions
(terrestrial, cable and satellite);
via mobile phones, provided that such transmission consists of the simultaneous,
unchanged and unabridged retransmission of the live or deferred broadcasts of the
Participating Broadcasters' own national broadcast of the Shows on their terrestrial
channels;
on their 100%-owned international generalist channels simultaneously with the live or
deferred broadcasts of the Participating Broadcasters' own national broadcasts of the
Shows on their terrestrial channels without any editorial changes (i.e. including
commentary, televoting information, etc.). Any such international generalist channel shall
have no windows aimed at a particular country or group of countries. Nor shall it contain
any advertising aimed at a particular country or group of countries, and its programming
shall be at least 80% identical in content and to a large extent in time of scheduling.
Furthermore, the channel must be broadcast in the same language(s) as the national
programme service.
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(ii)
Make available on a non-linear basis for a maximum of 30 days after the live broadcast of
the Final
on their wholly-owned customary catch-up service for on-demand streaming (without
the possibility to download) or for temporary download (as per the general policy of the
Participating Broadcaster) via any means (including mobile phones and the Internet).
For the Extracts from the Shows
The non-exclusive right to use extracts from the Shows in any of their programmes for use on any
medium as follows:
- During the 12 months following the Final, no limitation in the total duration of the inclusion
of extracts as long as no more than two minutes from any song is used and any celebrity
act is excluded.
- Thereafter, without any limitation in time, these rights are limited to eight minutes' total
duration (and no more than two minutes per song).
The non-exclusive right, within the limits specified under this sub-paragraph, to sell any footage from
the Shows for inclusion in any television programme to any third party within its territory only. Any
breach of this rule may result in the disqualification of the Participating Broadcaster's entry from the
Shows and/or denial of access to the live transmission, and/or exclusion from subsequent editions.
Participating Broadcasters wishing to insert any material from the Shows, other than the extracts
mentioned above, in any of their programmes should obtain the prior written permission of the EBU.
(iii)
For the Previews
Non-exclusive rights, for an unlimited number of times, until the next ESC, to:
(iv)
Broadcast on a linear basis on its main or secondary terrestrial channel (including
unabridged, unchanged and simultaneous retransmission thereof via cable and/or satellite);
Make available on a non-linear basis (without the possibility to download) on their fullyowned
website, but only after one week has elapsed following either the end of the HoD
Meeting or delivery of the Preview, whichever is the later. If the sound recording of the
Preview is made available separately from the audiovisual recording, only the use of extracts
(of a maximum of 30 seconds per song) is allowed.
For the ESC Countdown Shows (if produced)
Exclusive right for an unlimited number of times as from the delivery date and for 30 days following
the Final to
broadcast on a linear basis on its main or secondary terrestrial channel (including
unabridged, unchanged and simultaneous retransmission thereof via cable and/or satellite); in
their entirety or in part.
b) Third-party infringements
Each Participating Broadcaster remains unconditionally free to invoke any or all rights, and
particularly copyright and neighbouring rights, which it enjoys under its national legislation, in addition
to the rights held by the EBU, with a view to preventing or prohibiting the unauthorized use of its own
broadcasts of the Shows or any parts of such broadcasts, such as individual scenes or images, by
unauthorized third parties on its territory.
2.4.3) EBU's rights and obligations
a) Grant of rights
The EBU is in exclusive control of all centralized marketing and exploitation of the ESC. In particular,
the EBU shall hold (and shall be deemed to be granted) on a worldwide basis, the following
transferable rights:
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(i)
For the Shows
The right, for an unlimited period of time and for an unlimited number of times, to:
Broadcast on a linear basis (live or deferred) and make available on non-linear basis, in
whole or in part, on the Internet and/or via mobile phones and/or any portable devices
(including on any and all official ESC Platforms (such as, the present list not being
exhaustive, the Official Website of the ESC (www.eurovision.tv), the YouTube ESC Channel,
ESC TV, etc.)
Participating Broadcasters may provide a link to the official ESC Website on the evenings of the
Shows. The EBU Permanent Services shall attempt to make Participating Broadcasters' individual
audio commentaries available in conjunction with the live stream, through the official website. To that
end they can make available an audio stream in a format as requested by the EBU. All Participating
Broadcasters which wish to make available their audio commentaries shall inform the EBU
Permanent Services no later than 72 hours before the start of the Shows on which Internet address
the audio live stream of their national commentaries can be found.
(ii)
For the Previews
The right, for an unlimited number of times, on an exclusive basis for a period of one week either after
the HoD Meeting or after their delivery and on a non-exclusive basis thereafter and for an unlimited
period of time to:
(iii)
Broadcast on a linear basis and make available on a non-linear basis via the Internet
and/or mobile phones and/or any portable devices (including on any and all official ESC
Platforms (such as, the present list not being exhaustive, the Official Website of the ESC
(www.eurovision.tv), the YouTube ESC Channel, ESC TV, etc.). If the sound recording of the
Preview is made available separately from the audiovisual recording, only the use of extracts
(of a maximum of 30 seconds per song) is allowed.
For the ESC Countdown Shows
Subject to the relevant authorizations being cleared, the right for an unlimited number of times and for
an unlimited period of time to:
Broadcast on a linear basis and make available on a non-linear basis on the Official
Website of the ESC and through other ESC Media Platforms, in whole or in part.
b) Distribution/Licensing
Without prejudice to the other rules in this Section, all broadcasting and other rights to the Shows, the
ESC Countdown Shows and the ESC are exclusively owned by the EBU, to be managed centrally by
the EBU on behalf of the Participating Broadcasters. The EBU Permanent Services shall, in
cooperation with an agent if needed, be responsible for coordinating all sales of the Shows (including
the ESC Countdown Shows), in whole or in part, to non-participating broadcasters from countries
where rights remain available and to third parties, for the financial benefit of Participating
Broadcasters and the Host Broadcaster. The EBU shall be entitled to retain 10% of the revenue
generated by such sales.
Unless any rule in this Section applies, non-participating broadcasters are not allowed to broadcast
any material from the Shows (rehearsals/preparations, etc.) without the prior written permission of,
and without possible payment of a rights fee to, the EBU. However, all accredited media shall be free
to use, for purposes of the written press (including their websites) only, any material filmed by them
during the press conferences, open rehearsals and the first Dress Rehearsals. (The use of any such
material for audiovisual news access is subject to the rule below.) No commercial or non-commercial
entity shall use the logo or other distinctive elements of the ESC or the Shows without the prior written
permission of the EBU.
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2012 ESC Rules
(i)
For the Shows
Radio
All Radio EBU Active Members shall be granted, free of charge (except for the usual rights payments
to national collecting societies), for their territory, the right to broadcast on a linear basis the
Shows (live or deferred), in whole or in part, an unlimited number of times until the next ESC, (the
celebrity act may have to be excluded for deferred broadcasts taking place 30 days after the Final, if
so notified by the EBU Permanent Services). In addition, they are entitled to make available on a
non linear basis until the next ESC audio extracts from the Shows on their fully owned website, as
long as no more than 30 seconds per song are used.
Radio EBU Active Members which are not part of a Participating Broadcaster's organization and
which are located in the country of a Participating Broadcaster which includes both a radio and a
television service shall be entitled to broadcast the Shows only if they have obtained the prior written
authorization of the Participating Broadcaster in that country.
Radio organizations (other than Radio EBU Active Members) from countries where rights remain
available, may acquire the right to broadcast the Shows on their territory against possible payment of
a rights fee.
Radio broadcasters shall not be entitled to sell any sponsorship package in relation to the ESC and/or
in relation to their transmission of the Shows. If so required by the EBU, they shall cooperate with the
EBU with respect to any centralized sponsorship guidelines or requirements pursuant to Section 3.
Television
Television broadcasters from countries where rights remain available may acquire the right to
broadcast the Shows on their territory against possible payment of a rights fee. In countries where
rights remain available, non-participating EBU Members shall have a first option, to be exercised
within a deadline set by the EBU, to purchase the programmes for their territory. Depending on the
facilities available, non-participating broadcasters from countries where rights remain available may
also request the right to send a commentator, and/or a production team, to the Shows.
News access
Any broadcaster which does not hold any audiovisual media rights shall be granted, upon request to
the EBU, a total of two minutes' news access from each of the three Shows (or, if requested, from any
Dress Rehearsal), free of charge for use in regularly-scheduled general news bulletins broadcast
within 24 hours of the Semi-Finals and the Final respectively.
(ii)
For Extracts
The EBU shall be entitled to grant licences with respect to any extracts from the Shows and/or from
the ESC Countdown Shows to third parties for inclusion in any audiovisual works or media products
or services. The EBU is also entitled to sell any footage from the Shows to any third party within a
Participating Broadcaster's territory if the EBU Permanent Services receive a request direct from such
a third party or if the request covers more than one territory.
2.5) Funding
2.5.1) The cost of funding the production and staging of the Shows shall be borne by the Host
Broadcaster and the Participating Broadcasters.
2.5.2) The total production budget for the Shows usually ranges between 10 and 20 million Swiss
francs. The total final production budget for the Shows shall be proposed by the Host Broadcaster, in
consultation with the EBU Permanent Services, and approved by the Reference Group each year in
November.
2.5.3) The Participating Broadcasters shall contribute the amount indicated in the Event Schedule
(the "Total Contribution"). This Total Contribution shall be funded by the individual participation fees
payable by the Participating Broadcasters as determined by the EBU system in force. From the Total
Contribution, the EBU shall be entitled to deduct its administration and coordination costs. The Total
Contribution minus the EBU costs shall be referred to hereafter as the "Production Contribution".
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2012 ESC Rules
2.5.4) To fund the contribution mentioned under paragraph 2.5.3) above, all Participating
Broadcasters shall be required to pay their final participation fee to the EBU by the
Payment Deadline (at least 30 days before the Semi-Finals - see the Event Schedule). Failure to pay
in due time may result in a broadcaster being disqualified and/or access to the live satellite
transmission being denied.
2.5.5) The Host Broadcaster shall not be required to pay any participation fee but shall pay the
totality of the remaining budget for the production of the Shows, i.e. after deduction of the Production
Contribution.
2.5.6) In addition, the cost of receiving the live transmissions shall be paid by all the Participating
Broadcasters and by other broadcasters wishing to receive the live transmissions, in accordance with
the standard EBU Operations billing practices.
2.5.7) All expenses incurred by each Participating Broadcaster in relation to its own entry, such as
fees, as well as travel and subsistence costs for its delegation, shall be the full responsibility of that
Participating Broadcaster.
2.6) Measures intended to compensate for damage caused, or a breach of the ESC Rules by
a Participating Broadcaster
All measures listed hereunder shall be exclusive of each other and can be applied either cumulatively
or alternatively. In addition, the application of any measure listed below vis-à-vis a Participating
Broadcaster shall in no case exempt the latter from the payment of its final participation fee.
2.6.1) Indemnification
(a)
(i)
Grounds for request of indemnisation
in case of material damage
A Participating Broadcaster shall be required to compensate any breach of the Rules and/or
behaviour (including any breach and/or behaviour by its employees, agents, subcontractors, affiliates,
artists or member of its delegation) causing a material damage to the EBU, the other Participating
Broadcasters, the Host Broadcaster, the pan-European televoting partner and/or the International
Sponsors.
(ii)
Examples of material damage are failure to broadcast the Shows on a live basis, noncompliance
with the sponsorship obligations non-compliance with the televoting requirements.
(the present list being non exhaustive)
in case of non-material damage
A Participating Broadcaster shall be required to compensate any breach of the Rules and/or
behaviour (including any breach and/or behaviour by its employees, agents, subcontractors, affiliates,
artists or member of its delegation) causing a non -material damage to the EBU, the other
Participating Broadcasters, the Host Broadcaster, the pan-European televoting partner and/or the
International Sponsors.
Examples of non-material damage are disruption to the operation of the Shows or the ESC,
non-submission of the National Jury's result in accordance with the Rules, making political
statements or discriminatory comments during the broadcasts or obstructing the Shows or
their transmissions, harming the reputation of the Shows and/or the ESC and/or the EBU
and/or the Participating Broadcasters, withdrawal after the Withdrawal Deadline, fraud or
attempted fraud regarding the voting even in case of non-active participation in such fraud or
other non material damage. (the present list being non exhaustive)
b) Nature of the compensation
In case of material damage, the indemnification shall consist of the payment of a sum corresponding
to the actual loss caused the damage.
In case of non-material damage, the indemnification shall consist of the payment of a sum meant to
compensate the estimated damage.
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c) Competent body
Any indemnification shall be requested by the Television Committee followed by a recommendation of
the Reference Group.
If the request concerns a country represented by a member of the Reference Group and/or the
Television Committee, that member shall not be allowed to vote on the proposed request or to take
part in the deliberations.
Any decision taken in accordance with the present Section 2.6.1 shall be final and binding, and no
legal remedy and/or appeal shall be possible.
d) Procedure and deadlines
The Reference Group shall assess whether a breach of the Rules and/or behaviour which may be
committed by a Participating Broadcaster is causing a material and/or non-material damage and if so,
whether an indemnification is to be paid by the Participating Broadcaster in question.
If the Reference Group considers that an indemnification is to be paid, the following procedure shall
apply:
The EBU Permanent Services shall inform the Participating Broadcaster in writing within 10
working days from the Reference Group's decision to recommend to request an indemnification.
The EBU Permanent Services shall inform the Participating Broadcaster of the act or behaviour
at issue as well as of the amount requested.
The Participating Broadcaster shall have 20 working days from the date of notification of the
decision to send its observations in writing to the EBU Permanent Services.
The Reference Group shall then have 20 working days from the receipt of the Participating
Broadcaster's observations to submit a proposal for indemnification to the Television Committee.
The Television Committee shall then decide whether or not an indemnification is to be requested
or shall, if deemed appropriate, adjust the proposal of the Reference Group. The decision of the
Television Committee shall be communicated by registered letter, shall specify the infringing
breach or behaviour and specify the concrete measure decided upon by the Television
Committee.
2.6.2) Fines
a) Automatic Penalties
(i)
Grounds for automatic penalties
Penalties shall automatically be due in the following cases:
1. If the selected song (together with the backing-track) is not delivered as per the deadline
indicated in the Delivery Schedule Sheet;
2. If the language of the lyrics of the selected song is modified after the HoD Meeting;
3. If the title of the selected song is modified after the HoD Meeting;
4. If the lyrics of the selected song, biographies and pictures of the artists and other information
for the official website of the ESC and the CD DVD Compilation albums are not delivered at
the HoD Meeting;
5. If the material listed under the Delivery Schedule Sheet is not delivered by the deadlines
indicated therein and such delay makes the preparation of the Shows unnecessarily difficult.
(ii)
Nature of the compensation
1. In case the deadline mentioned under (1) above is not respected, the penalty shall amount to
30% of the final participation fee (minimum 5,000 Swiss francs and maximum 20,000 Swiss
francs);
2. In case any of the deadlines mentioned under (2), (3) and/or (4) above are not respected, the
penalty shall amount to 10% of the final participation fee (minimum 2,000 Swiss francs and
maximum 7,000 Swiss francs) each time a delay in delivering a given material mentioned
thereunder occurs;
3. In case the deadline mentioned under (5) above is not respected, the penalty shall amount to
10% of the final participation fee (minimum 2,000 Swiss francs and maximum 7,000 Swiss
francs);
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(iii)
Competent Body
The EBU Permanent Services shall be competent to pronounce and apply any automatic penalty as
per the present section.
Any decision taken in accordance with the present Section 2.6.2 (a) shall be final and binding, and no
legal remedy and/or appeal shall be possible.
(iv)
Procedure and Deadlines
If any of the incriminated behaviour above occurs, the EBU Permanent Services shall notify in writing
to the Participating Broadcaster(s) concerned the penalty(ies) applied.
Such notification shall be made by no later than 30 working days after the Final has taken place and
shall contain the grounds for applying the automatic penalty.
b) Punitive Fines
(i)
Grounds for punitive fines
Punitive fines shall be pronounced against a Participating Broadcaster in case of a breach of the
Rules or behaviour (including any breach and/or behaviour by its employees, agents, subcontractors,
affiliates, artists or member of its delegation) causing damage having an impact on the Shows, the
EBU, the Participating Broadcasters, the Host Broadcaster, the pan-European televoting Partner
and/or the International Sponsors.
Examples of breaches or behaviour causing damage having an impact on the Shows are
disruption or distortion of any element of the voting process, political acts or manifestations during
or in connection with the ESC, any other behaviour which harms the reputation and/or the integrity
of the Shows, the ESC, the EBU, the Participating Broadcasters, the Host Broadcaster and/or the
International Sponsors.
(ii)
Nature of the compensation
Under the present Section 2.6.2 (b), the fine to be applied shall commensurate with the seriousness
of the breach or behaviour and the negative consequences thereof on the EBU, the ESC, the
Participating Broadcasters, the Host Broadcaster and/or the International Sponsors.
Under "normal circumstances", the fine shall be capped to a maximum of 100% of the final
participation fee.
In "extraordinary circumstances" (e.g. in case of deliberate breach or non respect of the EBU
warnings communicated to a Participating Broadcaster), the fine can attain 200% of the final
participation fee.
Criteria to determine the level of the punitive fine are (not exhaustive list) level of the impact,
mitigating circumstances, financial situation of the Member, possible recidivism, role of the
Participating Broadcaster in the breach or behaviour, whether the breach or behaviour at stake
occurred during live broadcast of the Shows.
(iii)
Competent Body
Punitive fines under the present Section 2.6.2 (b) shall be applied by the Television Committee
following a recommendation by the Reference Group.
If the punitive fine concerns a country represented by a member of the Reference Group and/or the
Television Committee, that member shall not be allowed to vote on the proposed fine or to take part in
the deliberations.
Appeal of the Television Committee's decision shall be possible before the Executive Board.
(iv)
Procedure and deadlines
The Reference Group shall assess whether a breach of the Rules and/or behaviour which may be
committed by a Participating Broadcaster is causing a damage having an impact on the Shows and if
so, whether a punitive fine is to be levied against the Participating Broadcaster in question on the
basis of the criteria mentioned above.
If the Reference Group considers that a punitive fine is to be levied, the following procedure shall
apply:
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2012 ESC Rules
The EBU shall inform the Participating Broadcaster in writing within 10 working days from the
Reference Group's decision to recommend to levy a punitive fine. The EBU shall inform the
Participating Broadcaster of the act or behaviour at issue as well as of the amount requested.
The Participating Broadcaster shall have 20 working days from the date of notification of the
decision to send its observations in writing to the EBU.
The Reference Group shall then have 20 working days from the receipt of the Participating
Broadcaster's observations to submit a proposal for punitive fine to the Television Committee.
The Television Committee shall then decide whether or not a punitive fine is to be levied and
shall, if deemed appropriate, adjust the proposal of the Reference Group. The decision of the
Television Committee shall be communicated by registered letter, shall specify the infringing
breach or behaviour and specify the concrete measure decided upon by the Television
Committee.
Within 20 working days of the date of notification of the Television Committee's decision, the
Participating Broadcaster may appeal against the punitive fine to the EBU Executive Board for a
final and binding decision. Any appeal shall be notified by registered letter to the President of the
EBU and shall contain the Participating Broadcaster's observations and comments.
2.6.3) Sanctions
a) Disqualification
(i)
Grounds for disqualification
A song may be disqualified (i.e. a Participating Broadcaster may be prevented from participating in
the ongoing Event) for the following reasons:
1. If there is evidence that an artist, a member of the delegation, a commentator or a
spokesperson has not complied with the requests of the EBU Permanent Services and/or of the Host
Broadcaster and may therefore cause disruption to the event and/or the broadcast
productions/transmissions.
2. If the artist(s) depart(s) from the planned performance as performed at the dress rehearsals,
and thereby cause(s) disruption to the event and/or the broadcast productions/transmissions.
3. If a participating organization (including any employee, agent, subcontractor, affiliate, or
member of its delegation) or artist(s) has in any way attempted to breach the present Rules at any
stage of the preparation of the ESC event, including the national selection process, or is about to do
so during the Shows themselves.
4. if a Participating Broadcaster has, after the Withdrawal Deadline but not later than two weeks
before the HoD Meeting, one or more unpaid invoices vis-à-vis the EBU which are more than 240
days old, unless the Member settles, before the HoD Meeting, all its debts to the EBU which are older
than 90 days.
(ii)
Nature of the compensation
1. In case of disqualification on the basis of the grounds listed under Section 2.6.3) a) (i) 1 to 3
above, the Participating Broadcaster shall have no right to participate actively in the Event [i.e. the
contestant of the country shall not be entitled to perform during the Show(s)]. However, the
Participating Broadcaster can be compelled to run the voting process in its country. It shall
consequently retain the right to broadcast the Shows. In any case, the Participating Broadcaster shall
remain liable to pay its final participation fee to the EBU.
2. In case of disqualification the basis of the grounds listed under Section 2.6.3) a) (i) 4. Above,
the Participating Broadcaster shall have no right to participate actively in the Event [i.e. The
contestant of the country shall not be entitled to perform during the Show(s)] and shall have no right to
broadcast the Shows. In any case, the Participating Broadcaster shall remain liable to pay its final
participation fee to the EBU.
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(iii)
Competent Body
1. The Reference Group upon recommendation of the EBU Permanent Services shall be
competent to pronounce any disqualification falling under the grounds mentioned under Section 2.6.3
(a) 1 to 3 above.
Appeal against the Reference Group's decision shall be possible before the Television Committee (or
before the EBU Permanent Services as the case may be). There shall be no appeal possible if
disqualification of a song is pronounced upon after the first Semi-Final.
If the disqualification procedure concerns a country represented by a member of the Reference
Group, that member shall not be allowed to vote on the disqualification decision or to take part in the
deliberations.
2. The EBU Permanent Services shall be competent to pronounce any disqualification on the
ground mentioned under Section 2.6.3 (a) 4 above. No disqualification on that ground shall be
possible after the HoD Meeting.
Any decision taken by the Permanent Services regarding disqualification pronounced on the ground
of Section 2.6.3 (a) 4 above shall be final and binding, and no legal remedy and/or appeal shall be
possible.
(iv)
Procedures and deadlines
1. In case of disqualification on the basis of the grounds listed under 2.6.3) a) 1 to 3, if the
Permanent Services consider that a disqualification is to be pronounced and the Reference Group
follows the EBU's recommendation, the following procedure shall apply:
The Participating Broadcaster shall be informed in writing within 10 working days from the Reference
Group's decision. The decision of the Reference Group shall specify the infringing breach or
behaviour.
If disqualification of a song is decided upon before the HoD Meeting, the Participating
Broadcaster shall have 20 working days from the date of the notification of the decision to file
an appeal before the Chairman of the Television Committee.
If disqualification of a song is decided upon after the HoD Meeting, but before the first Semi-
Final, the Participating Broadcaster shall, if time permitted, file an appeal before the Chairman
of the Television Committee, otherwise appeal shall be filed with the EBU Permanent
Services.
Any appeal shall be notified by registered letter to the Chairman of the Television Committee or to the
Director General of the EBU as the case may be, and shall contain the Participating Broadcaster's
observations and comments.
2. In case of disqualification on the basis of the grounds listed under 2.6.3) a) 4, the decision to
enact disqualification is taken by the EBU Permanent Services.
The Participating Broadcaster shall be informed in writing within 10 working days from the EBU
Permanents' decision. The notification shall be notified by registered letter and shall contain the
grounds for disqualification.
b) Exclusion
(i)
Ground for exclusion
A Participating Broadcaster may be excluded from successive editions of the ESC if it (including any
employee, agent, subcontractor, affiliate, artist or member of its delegation) commits a grave breach
of the Rules or if it repeatedly breaches an essential provision of the Rules.
(ii)
Nature of the compensation
A Participating Broadcaster may be excluded from future editions of the ESC. No exclusion shall be
for more than three successive editions.
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2012 ESC Rules
(iii)
Competent body
Exclusions under the present Section 2.6.3 (b) shall be pronounced by the Television Committee
following a recommendation by the Reference Group.
If the exclusion concerns a country represented by a member of the Reference Group and/or the
Television Committee, that member shall not be allowed to vote on the proposed exclusion or to take
part in the deliberations.
Appeal of the Television Committee's decision shall be possible before the Executive Board.
(iv)
Procedure and deadlines
If the Reference Group decides to recommend to the Television Committee an exclusion against a
Participating Broadcaster, the following procedure shall apply:
The EBU Permanent Services shall inform the Participating Broadcaster in writing of the act
or behaviour at issue within 10 working days of the decision.
The Participating Broadcaster shall have 20 working days from the date of notification to
submit its observations to the EBU Permanent Services.
The Reference Group shall then submit the proposal for exclusion to the Television
Committee within 20 working days from the date of receipt of the Participating Broadcaster's
observations.
The Television Committee shall then decide whether or not to pronounce the exclusion and/or
to adjust the Reference Group's proposal. Exclusion shall be communicated to the
Participating Broadcaster by registered letter, which shall specify the breach or reprehensible
act and the length of the exclusion decided upon by the Television Committee.
Within 20 working days of the date of notification of the Television Committee's decision, the
Participating Broadcaster may appeal against the exclusion to the EBU Executive Board for a
final and binding decision. Any appeal shall be notified by registered letter to the President of
the EBU and shall contain the Participating Broadcaster's observations and comments.
2.7) Postponement, transfer or cancellation of the Shows
The Participating Broadcasters acknowledge and accept that the Shows may be postponed and/or
transferred to another city or country, in particular but not only:
a) for reasons of force majeure (for example, but not limited to, natural disasters or catastrophes, acts
of war, terrorist activity, fire, flood, explosion, failure of public utilities or civil commotion or disorder,
decision of any regulatory or other competent authority, epidemics, public health, or the genuine and
immediate threat of any of the foregoing, including serious threats to the safety of participants,
marketing partners or spectators) and/or
b) for any other act or event beyond the reasonable control of the EBU or the Host Broadcaster and/or
c) for objective major circumstances other than reasons of force majeure if they are, in the reasonable
opinion of the EBU, likely to affect the signal transmission or signal reception of the Shows and/or the
smooth operation of the ESC event, and/or of the Shows and/or the security of the contestants and
their delegations, spectators or marketing partners which therefore make the organization and the
production of the Shows unduly difficult at the selected venue. For the purposes of the present Rules,
such circumstances shall be regarded as force majeure. The EBU as the organizer of the Event shall
be unilaterally authorized to transfer the ESC to another city or country.
In case of such postponement and/or transfer, the rights and obligations of the Participating
Broadcasters for the postponed Shows shall be the same as if the Shows had taken place on the
originally scheduled dates and the commitment to participate in the Shows shall remain valid in all its
provisions. If the Shows are postponed and/or transferred and/or partially held, the Participating
Broadcasters shall not be entitled to claim any reimbursement and/or compensation.
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2012 ESC Rules
If all the Shows are cancelled by the EBU, such cancellation decision to be supported by a
recommendation by the Reference Group, the EBU's liability (to the extent that it is not limited by
force majeure reasons) shall in all cases be limited to the reimbursement of the amount of the
Participating Broadcasters' contribution to the Shows' production budget (to the extent that such
contribution has already been paid by the date of the cancellation) less the EBU's overhead costs.
In no case (irrespective of whether the Shows are cancelled, postponed or partially held) shall the
EBU be liable for any damage, indemnity, reimbursement or compensation of any kind, loss whether
direct or indirect (e.g. loss of profit) including loss of any advertising or other commercial revenue.
SECTION 3
CENTRALIZED EXPLOITATION
The EBU is the sole right holder of the Eurovision Song Contest. All rights in the ESC and the Shows
are exclusively owned and managed on a centralized basis by the EBU, which shall be responsible
for the benefit of the Participating Broadcasters and the Host Broadcaster, in consultation with the
Reference Group, for the marketing of all commercial exploitation rights on a world-wide basis, which
shall include (the following list not being exhaustive):
Event sponsorship
Programme broadcast sponsorship for all transmissions of the Shows
On-screen credits (scoreboard and televoting graphics sponsorship, including on-screen
identification of service providers)
Overall off-screen sponsorship
Green Room sponsorship, where possible
Telecommunications, such as premium-rate telephone services and televoting, interactive
services, and all rights for mobile/wireless content or similar services
Corporate/sponsor, VIP and media hospitality
Suppliers
Merchandising and licensing
Exhibitions
Gala dinners
Official website sponsorship and Internet content rights
All sales of broadcasting rights to non-participating broadcasters
Compilation and archive rights from 2004 onwards
Mobile content rights (e.g. opportunities for International Sponsors to use ESC information,
pictures and possibly certain ESC content for distribution via mobile devices on a non-exclusive
basis).
Those rights shall be marketed in conjunction with the exclusive marketing agent appointed by the
EBU, (the "EBU's Agent"). The Host Broadcaster and the Participating Broadcasters shall cooperate
with the EBU Permanent Services on the centralized marketing programme, as approved by the
Reference Group, and on the centralized televoting.
Each Participating Broadcaster shall provide, at the request of the EBU Permanent Services, full
information, in one of the two official languages of the EBU (English and French), on the legal
sponsorship and advertising guidelines in its territory as well as any relevant internal regulatory
measures which are relevant to the delivery of the various commercial elements of the Shows. Each
Participating Broadcaster shall promptly notify the EBU Permanent Services whether any legal or
regulatory provisions in its country or any of its internal guidelines are likely to prevent it from
implementing the centralized marketing activities to be carried out in relation to the ESC.
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2012 ESC Rules
3.1) Centralized marketing activities
3.1.1) Centralized Event Sponsorship
Only the EBU has the right to appoint marketing partners for the ESC event. The marketing partners
appointed by the EBU shall be referred to as the "International Sponsors"). This shall be done in
cooperation with the EBU's Agent. In consultation with the EBU Permanent Services and the EBU's
Agent, only the Host Broadcaster shall be entitled to explore national marketing opportunities in its
country and they shall not be in conflict with the main international sponsorship or other exclusive
arrangements. The Host Broadcaster shall have the right to appoint a maximum of four partners and
shall not grant any rights outside its national territory. In addition, the rights granted by the Host
Broadcaster to its national partner shall be of a secondary nature (i.e. precedence in terms of visibility
shall always be given to the International Sponsors). However, in no case shall the Participating
Broadcasters be allowed to grant sponsorship rights in relation to the ESC event in their country other
than according to clause 3.1.2 a) hereunder.
The Participating Broadcasters shall cooperate with the EBU and the Host Broadcaster with respect
to the centralized marketing programme and shall actively promote any such arrangements in relation
to the ESC event.
Each Participating Broadcaster shall protect the exclusivity of the International Sponsors and in this
context must not allow any third party whatsoever to associate itself with the ESC event.
3.1.2) Centralized Programme sponsorship
Until the Sponsorship Deadline, all Participating Broadcasters shall reserve all programme
sponsorship rights in their countries on an exclusive basis for the EBU and shall not enter into any
programme sponsorship agreements before that date. One month after the expiry of the
Sponsorship Deadline at the latest, the EBU Permanent Services shall inform the Participating
Broadcasters whether their territory is covered by the pan-European sponsorship agreement.
a) The Participating Broadcasters located in the countries where the EBU's Agent has not
managed to enter into an agreement with a pan-European programme International Sponsor shall be
entitled to handle the programme sponsorship rights for the Shows individually. They shall be free to
enter into programme sponsorship arrangements, but only in relation to the transmission of the Shows
(As an example: "The following programme is sponsored by company XYZ” and not “The Eurovision
Song Contest is sponsored by company XYZ").
In addition, they shall not grant programme sponsorship rights to companies or partners which are in
competition with the International Sponsors or which offer products or services which are in
competition with the products or services of the International Sponsors. Participating Broadcasters
shall seek the prior written approval of the EBU Permanent Services before any programme
sponsorship package is sold.
The EBU Permanent Services reserve the right to refuse to give approval if such sponsorship
operates in conflict with the International Sponsors, and the Participating Broadcasters shall refrain
from selling any such package.
In addition, no national transmission sponsor shall be allowed to associate itself with the ESC event,
or to present its national transmission sponsorship in a way which may lead the general public to
believe, or may give the impression, that the sponsor is a partner of, or associated with, the ESC
event.
b) The Participating Broadcasters located in the countries where the EBU's Agent has managed
to enter into an agreement with a pan-European programme International Sponsor shall cooperate
with the EBU, the Host Broadcaster and the EBU's Agent and shall actively promote such
arrangements. In those countries, Participating Broadcasters shall not be allowed to grant programme
sponsorship rights to any national sponsor, and no billboards other than those supplied by the EBU
Permanent Services and/or the EBU's Agent shall be included before, during or after the transmission
of the Shows (irrespective of whether the transmission is live or deferred). The relevant material shall
be provided by the marketing partners/suppliers, or by the EBU's Agent, on behalf of the EBU. This
relates to the Shows only, and not to national selection programmes and shall include among others:
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2012 ESC Rules
i) On-screen inclusion of sponsors billboards/International sponsorship
Where requested by the EBU Permanent Services and subject to the relevant media laws and
regulations, each Participating Broadcaster shall honour all sponsorship arrangements, including the
placement and the broadcasting of billboards, bumpers, stings and branded trailers, etc, for the official
marketing partners and suppliers in and around transmissions of the Semi-Finals and the Final, and
any other international programmes related to the ESC that may be produced.
Each Participating Broadcaster shall comply with the EBU Permanent Services' instructions regarding
the on-screen inclusion of sponsors' billboards. Only the Participating Broadcasters having actually
included the sponsors' billboards on their screen in accordance with the EBU's instructions shall be
entitled to receive a share of the revenue generated therefrom. A monitoring company shall be
assigned by the EBU/the EBU's Agent to confirm the correct transmission of the International
Sponsorship sequences.
The broadcast sponsorship materials (creatives/billboards) shall be produced centrally by the EBU/the
EBU's Agent/the sponsors and distributed with instructions to those Participating Broadcasters who
will be carrying International Sponsorship sequences. The International Sponsor broadcast
sponsorship materials must be placed closest to the Shows, after bumpers clearly separating them
from previous programmes and/or commercial breaks. Each voice-over for the creatives shall be
produced by the relevant Participating Broadcaster in its national language if so requested by the
EBU/the EBU's Agent. An English text of the voice-over script shall be provided by the EBU's Agent
for translation.
ii)
On-screen credits (scoreboard and televoting graphics sponsorship)
In all cases, on-screen credits can be inserted only by the EBU in the international signal. No
Participating Broadcaster shall be allowed to include any on-screen credits during any transmission of
the Shows without the prior written authorization of the EBU. The available positions (display of
scoreboard and televoting graphics) are exclusively reserved for International Sponsors operating in
the technology sector. Only the Participating Broadcasters having actually transmitted the
international signal with on-screen credits shall be entitled to receive a share of the revenue
generated therefrom.
3.1.3) Offer of commercial air-time
Up to the Sponsorship Deadline each Participating Broadcaster able to offer commercial air-time
before, during and after the Shows must offer it on a first-refusal basis to the official marketing
partners or suppliers of the ESC. Subsequently, any commercial air-time which remains available
must be offered to the official marketing partner(s), on a first-refusal basis. No official marketing
partners or suppliers must ever be charged more than any other advertiser for the same commercial
air-time.
If an International Sponsor decides not to buy any or all of the commercial air-time, the Participating
Broadcaster is free to sell any or all of it to another company, provided that the latter does not operate
in conflict with the International Sponsor. The advice of the EBU Permanent Services must be sought
by Participating Broadcasters before any commercial air-time sales agreements are entered into, in
order to prevent possible conflicts.
3.1.4) Merchandising
The EBU, which owns the merchandising and licensing rights to the ESC, has granted exclusive
merchandising rights in relation to sportswear, fashion apparel and single promotional products. The
revenue generated by such merchandising sales shall be included in the centralized marketing
revenue to be shared. Consequently, Participating Broadcasters wishing to market merchandising
products other than those mentioned above on their territory shall seek the prior written authorization
of the EBU Permanent Services in order to prevent possible conflicts with the merchandising partner.
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2012 ESC Rules
3.2) Centralized televoting
3.2.1) Rules for implementation
All Participating Broadcasters presenting a song in a Semi-Final are obliged to implement the
televoting system for that Semi-Final. The six Participating Broadcasters with guaranteed places in
the Grand Final shall also implement the televoting system for the Semi-Final which they are required
to broadcast. All Participating Broadcasters are obliged to implement the televoting system for the
Grand Final.
Each Participating Broadcaster shall cooperate with the pan-European televoting partner for all its
SMS and televoting activities related to the Semi-Finals and the Grand Final and shall actively use
and promote the televoting system within its country in accordance with EBU Permanent Services'
instructions.
If a partner for the televoting is not appointed by the EBU for some or all countries, the Participating
Broadcasters in those countries shall be able to enter into national arrangements for televoting with a
service provider of their choice, provided that the guidelines mentioned below are respected.
However, no branding or sponsorship rights may be granted to that service provider.
The Reference Group may make an exception to the compulsory televoting rule if a dispensation is
requested in writing by the Dispensation Deadline. In that case, the results shall be based solely on
the National Jury voting.
3.2.2) Centralized televoting operation
The pan-European televoting partner shall, together with its affiliate, contract national aggregators
and decide upon the most prudent methods for the televoting procedure and the national voting tariffs,
taking into account the suggestions of each Participating Broadcaster. National rules or rules
concerning the broadcasters themselves shall be taken into account when the tariffs are set. Unless
not permitted by relevant national media laws, regulations and/or self-regulatory guidelines, each
Participating Broadcaster shall implement a Premium Rate Tariff for the televoting. Such tariffs must
not be lower than the customary tariffs used by the Participating Broadcaster in other similar television
shows, such as the national selection programme. Each Participating Broadcaster shall indicate at the
latest by the Televoting Deadline (see the Event Schedule) its televoting preferences and the
televoting tariffs to be used for the upcoming ESC. After that date, no modification shall be allowed,
unless the Participating Broadcaster can demonstrate that the modifications follow on from a
modification of the national media laws, regulations and/or self-regulatory guidelines adopted in the
meantime. If a Participating Broadcaster has not provided this information by that date, the same
televoting set-up as for the previous ESC shall be implemented.
Each Participating Broadcaster is required to book the circuits for the voting procedure as specified by
the EBU Network and News Department, and to participate in the rehearsals of the voting procedure.
The decoration of the studio set from which the spokesperson announces the points awarded by his
country shall not be modified after the second Dress Rehearsal for the Final. If a Participating
Broadcaster wishes to modify the studio set of its spokesperson after the second Dress Rehearsal, it
shall obtain the prior written approval of the EBU Permanent Services.
The pan-European televoting partner shall run several real-time tests of the televoting procedure with
all national carriers and all the televoting project leaders of the Participating Broadcasters.
Participation in these tests is compulsory for each Participating Broadcaster, even if those tests are
not necessarily undertaken at the same time as an official dress rehearsal.
3.2.3) Guidelines
In all cases the following guidelines must be followed:
a) There shall be a fixed voting window (the duration is indicated in the Event Schedule), with
the lines opening and closing at exactly the same time in all countries where the televoting takes
place.
b) Voters must be excluded from voting for the entry of their own country of residence, and this
must be made known to them.
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2012 ESC Rules
c) The lines provided to receive calls must be equally accessible to any of the numbers being
rung. The telephone network must ensure that at least 80% of the population of the country stands an
equal chance of successfully calling in.
d) In each country the cost of voting or the rate at which calls and sms are charged must be the
same for all voters (the use of, for example, a national premium-rate code or other non-geographic
code shall ensure this).
3.2.4) Instructions related to the televoting
The Participating Broadcasters shall follow all instructions issued by the EBU Permanent Services in
relation to the televoting. In particular, each Participating Broadcaster undertakes to comply with the
voting instructions included in the so-called "Green Document" which shall be distributed by the EBU.
The Participating Broadcasters shall use the graphics supplied by the Host Broadcaster for presenting
the televoting system on air to the public. These may include on-screen instructions to viewers. If a
national law, regulation or any self-regulatory guideline prevents a Participating Broadcaster from
using the graphics as supplied by the Host Broadcaster, the Participating Broadcaster shall be
allowed to adapt them to the extent which may be required by such regulation, provided that it
respects the chart and font of such graphics, informs the EBU Permanent Services of the legal
grounds and submits the adapted graphics for the prior written approval of the pan-European
televoting partner.
At least 24 hours before the Semi-Finals and the Grand Final respectively, each Participating
Broadcaster shall publish, on its national ESC website or dedicated page, as well as on the teletext
pages (text-TV), always to the extent allowed under national laws and regulations, all the telephone
numbers which will be used in its country during the televoting in the Semi-Final and the Grand Final.
During the Semi-Finals and the Grand Final, the commentators of the Participating Broadcasters shall
explain the televoting procedures on the basis of information supplied by the EBU.
Each Participating Broadcaster shall do its utmost to prevent fraudulent voting in the Shows. It shall
give full access to any EBU international monitors who may be sent to oversee all aspects of all the
voting procedures, on any territory, with no notice given. In addition, each Participating Broadcaster
shall ensure the anonymity of viewers participating in the televoting and ensure that the votes remain
confidential. It shall also ensure that its telecom operator complies with this obligation. The
Participating Broadcaster shall be held strictly and fully liable towards the EBU in case of breach of
this obligation (even if such breach is due to its telecom operator). The EBU Permanent Services and
the Reference Group shall rule on the sanctions to be imposed on a broadcaster found to have
participated, either actively or complicity, in any voting fraud.
3.2.5) Announcement of the results of the televoting
The pan-European televoting partner shall forward to the official spokesperson of each Participating
Broadcaster the final points for announcement on-air, when requested to do so by the international
presenters. The final procedure as to how the points are to be presented in the Final and the planned
order of presentation of the results shall be decided upon by the Reference Group and shall be
presented to the HoD Meeting, at the latest.
3.3) Sharing of revenue
3.3.1) Sharing key
The revenue generated by the centralized commercial exploitation shall be shared among the
Participating Broadcasters, the Host Broadcaster and the EBU (the share of the EBU being intended
to cover, inter alia, the cost of the official website of the ESC).
The basis of the sharing shall be decided by the Television Committee following a recommendation
by the Reference Group and shall be laid down in a separate document. The sharing key shall take
account, inter alia, of the exposure given by the Participating Broadcasters and the Host Broadcaster
to the marketing partners and suppliers.
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2012 ESC Rules
The revenue from International Sponsorship (Section 3.1 above) shall be based on the review of each
Participating Broadcaster's performance. The review shall be undertaken by the monitoring company
assigned by the EBU/the EBU's Agent to confirm the correct transmission of the International
Sponsorship sequences.
Any Participating Broadcaster which does not comply with the obligations related to the Centralized
exploitation as mentioned in the present Rules and/or as may be instructed from time to time by the
EBU Permanent Services and/or the EBU's Agent for reasons which are not of a legal or regulatory
nature shall not be entitled to share in the commercial revenue generated by the centralized
marketing and shall be held liable for any reasonable claim to compensate the marketing partners or
suppliers for the value of the loss of exposure, without prejudice to any other sanctions which may be
applied as per Section 2.6.
3.3.2) Distribution
The shares of the total centralized marketing activities reverting to the Participating Broadcasters, the
Host Broadcaster and the EBU shall be distributed to them as soon as possible after the Final and by
the end of the year at the latest, depending on when such revenue is received by the EBU from the
marketing partners and after independent auditing of such revenue.
____________________
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2012 ESC Rules
Annexe 1
Duties of the Host Broadcaster
The obligations of the Host Broadcaster are outlined in a separate set of rules entitled the Host
Broadcaster Agreement. The following points reflect the main duties of the Host Broadcaster vis-à-vis
the Participating Broadcasters.
1) Production of the Shows
a) The Host Broadcaster shall ensure the complete production of three live uninterrupted
television programmes on the agreed dates and with the agreed timing; two Semi-Finals (each
lasting approximately two hours) and one Grand Final (lasting approximately three hours
15 minutes) in accordance with top-level quality and editorial standards. The final decision on
all editorial matters shall be taken by the EBU Permanent Services. The Host Broadcaster shall
ensure the live delivery of the signals of the three productions to the Eurovision network. The
international signals to be delivered shall be a clean feed.
b) The Host Broadcaster shall provide for at least three commercial breaks during each of the
Semi-Finals and the Grand Final for those Participating Broadcasters wishing to use them. The
exact number of such breaks shall be decided by the Host Broadcaster in cooperation with the
Reference Group.
c) The Host Broadcaster, in consultation with the EBU Permanent Services, shall propose a
production budget for the ESC and the Shows, to be approved by the Reference Group.
d) The Host Broadcaster shall, in cooperation with the EBU Permanent Services, appoint an
organizing committee and indicate the names of the persons for all major positions. At no stage
before the preparations of the ESC and the Shows shall the Host Broadcaster be entitled to
enter into any negotiations on a possible sharing of production responsibilities with third parties
without prior written approval by the EBU.
e) The Host Broadcaster shall, in cooperation with the EBU, organize a meeting for the Heads of
Delegation (the HoD Meeting) on dates to be agreed upon with the Executive Supervisor, with
a view to informing all the Participating Broadcasters of all planning arrangements for the event.
f) During the HoD Meeting, the Host Broadcaster shall, for the benefit of the Participating
Broadcasters and the international press, inform them of the running order of the Shows and
provide a detailed rehearsal schedule. The order of appearance of the contestants in the Semi-
Finals and of the six contestants with guaranteed places in the Grand Final shall be decided
through a draw. The order of appearance of the contestants selected from the Semi-Finals in
the Grand Final shall be determined by a draw which shall take place during the press
conference following each Semi-Final.
g) The Host Broadcaster shall make every effort to meet the requests of the Participating
Broadcasters in relation to the performance of their songs, where feasible and insofar as the
request does not conflict with the creative concept of staging the event and on condition that
information is given by the Participating Broadcasters to the Host Broadcaster as indicated in
the Delivery Schedule.
h) The Host Broadcaster is responsible for the songs and their performance being in accordance
with the present Rules, and shall ensure that all necessary measures are taken to guarantee
the uninterrupted and undisturbed performance by the artists during the Semi-Finals and Grand
Final.
i) The international presenters to be appointed for the Shows shall be neutral and shall not have
been involved in any manner whatsoever in the composition of the music, and/or in the writing
of the lyrics and/or in the production of any song participating in the ESC.
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2012 ESC Rules
j) The Host Broadcaster shall make available a minimum of 50 commentary booths, for which an
acceptable market rate may be charged.
2) Organization of the Event
a) The Host Broadcaster shall identify a suitable venue for organizing the ESC, subject to the
approval of the EBU Permanent Services in consultation with the Reference Group. Should that
venue be approved, the Host Broadcaster shall be responsible for booking it for the entire
period of the event.
b) The Host Broadcaster shall ensure that sufficient hotel accommodation (at least 1,000 rooms)
is available for the Participating Broadcasters' delegations at reasonable European prices.
c) The Host Broadcaster shall ensure that all necessary and appropriate measures are taken to
ensure the safety and security of all the contestants and all the members of their delegations at
all times throughout the entire period of the event, in the host city. To that end, the Host
Broadcaster shall present a detailed security plan in cooperation with the local authorities, to be
approved by the EBU Permanent Services.
d) The Host Broadcaster shall deal with all import and export formalities for material and
equipment needed for the event. If a delegation wishes to bring any special equipment into the
host country, this shall be done at its own expense, and the Host Broadcaster must be notified
thereof at the latest during the HoD Meeting.
e) The Host Broadcaster shall provide special facilities for the visiting broadcasters (including the
Participating Broadcasters) with the possibility to hire ENG crews, studios, space for television
vehicles, etc. All requests for such facilities must be made in writing to the Host Broadcaster at
the latest by the time of the HoD Meeting. Any special facilities requested may be charged by
the Host Broadcaster at the local market rate.
f) Throughout the event week, the Host Broadcaster shall organize a social programme.
3) Warranties
a) If so required by the EBU, the Host Broadcaster shall make available a financial guarantee (the
terms and the amount thereof shall be communicated to the Host Broadcaster in due time).
This guarantee shall be in addition to the regular annual operating budget of the broadcaster
and shall be set aside for the specific purpose of organizing and producing the ESC in
accordance with the corresponding rules.
b) All participants, fans and international press must be guaranteed the right of free expression,
assembly and contact with the citizens of the host country, in accordance with European
standards.
c) All participants (including organizers, partners and delegations), all fans able to demonstrate
that they have acquired a ticket, and all journalists given accreditation to the event by the EBU
("accredited journalists") must be able to acquire sufficiently in advance an entrance visa for the
entire duration of the event.
d) All participants, fans and accredited journalists shall have free access to all public facilities and
shall be able to move around in the host city and country without any authorization or
restriction, but in full compliance with the terms and conditions of their accreditation.
e) All participants, fans and accredited journalists shall have the right to talk with or interview, also
with the purpose of publication, all citizens of the host city and country.
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2012 ESC Rules
f) If a public Eurovision Square, centrally placed in the host city, is decided upon, all participants,
fans, accredited journalists and the citizens of the host country shall have free access to such a
Square.
g) The Government of the host country guarantees freedom of expression, in accordance with
Article 10 of the European Convention on Human Rights and in line with the case-law of the
European Court of Human Rights, to all participants, fans, accredited journalists and the
individual citizens of the country who give interviews or are present in the public Eurovision
Square.
h) The Host Broadcaster shall indemnify the EBU against any claims whatsoever from other
Participating Broadcasters in respect of any breach of its obligations pursuant to the present
Rules.
i) The Host Broadcaster shall not delegate and/or assign to third parties the organization and/or
the production of the ESC as a whole and shall remain liable at all stages for the organization
and of the production therefor.
4) Decisions
The EBU Permanent Services, acting on behalf of the EBU, shall take the final decision in any
dispute between the Participating Broadcasters and the Host Broadcaster.
____________________
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2012 ESC Rules
Annexe 2
The Role of the Reference Group (RG)
for the Eurovision Song Contest (ESC)
1. The RG is the executive Expert Committee representing all Members. It controls and guides the
ESC.
The RG is established by the Television Committee (TVC).
The tasks, defined by the TVC on behalf of the EBU, are:
- approving the development and future format of the ESC;
- securing the financing of the ESC;
- modernizing the brand and raising awareness of the ESC;
- overseeing the yearly preparation by the Host Broadcaster.
The RG reports to the TVC.
2. On seven major issues, approval of the TVC is mandatory:
- changes in participants' fees;
- amendments to the rules of participation;
- a change in the image of the ESC;
- other major changes in the Rules (i.e. the format);
- major marketing contracts;
- developments endangering the continuity of the ESC;
- any other issues which the Chairman of the RG judges of relevance for the TVC.
3. The RG is composed of the following members:
Chairman (appointed by the Television Committee);
three elected members from among the Heads of Delegation;
two executive producers from previous host countries;
the executive producer of the present Host Broadcaster;
the EBU Eurovision Song Contest Executive Supervisor.
The RG meets four to five times per year.
4. The RG meets on behalf of all Participating Broadcasters and is required to take decisions in
the general interest of the ESC, and not in the interest of some of the participants.
5. Members of the RG shall have specific portfolios to increase the efficiency of the Group, and aid
collaboration with the EBU.
Those portfolios shall include legal issues, the Internet and new media, format development,
relations with other participating broadcasters, televoting and interactivity.
6. The EBU is the professional policy advisor to the Reference Group.
The EBU prepares the meetings of the RG and is the professional executor of its decisions.
The role of the RG can be described as: general policy, supervision and long-term planning.
The role of the EBU concerns: preparing the policy and professional execution; supervising dayby-day
the preparation of the next Contest (in conjunction with the Host Broadcaster).
7. The EBU Permanent Services requires the approval of the RG on the following matters:
a) brand identity for the ESC;
b) development of the concept of the programme;
c) rules of the ESC;
d) participation fees;
e) design and implementation of an international website;
f) sponsorship and marketing partners for the ESC;
g) creation of an official Eurovision handbook;
h) all other relevant changes in the format and the production of the Contest.
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2012 ESC Rules
8. Each member of the RG shall have one vote. Decisions shall be taken on the basis of a
majority.
In case of a tie, the vote of the Chairman shall be decisive.
9. The Song Contest Unit in the EBU Eurovision Television Department prepares the agenda and
the documents for the RG meetings, in conjunction with the Chairman of the RG. Documents
shall be sent ten days in advance, if possible.
____________________
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2012 ESC Rules
Annexe 3
Duties of the EBU
1) The EBU Permanent Services shall work closely with the Host Broadcaster to support all aspects of
the national planning and production.
2) The EBU Permanent Services shall, together with the Host Broadcaster, be responsible for ensuring
that the Previews are distributed to the Participating Broadcasters.
3) The EBU may commission on a centralized basis the production of at least two ESC Countdown
Shows partly based on extracts from the televised national selections organized by the Participating
Broadcasters. The EBU may produce on the basis of the national selections various audiovisual
material which shall be made available (for on-demand use) on the official website of the ESC. The
EBU may produce vignettes for broadcast by the Participating Broadcasters in relation to any national
programme leading up to the ESC (including any national selection programme).
4) The EBU shall ensure that the international transmissions of the Semi-Finals and the Final do not
breach any national laws. The EBU shall also be responsible for ensuring that Participating
Broadcasters grant the agreed sponsorship and advertising exposure to the marketing partners and
suppliers.
5) The EBU Permanent Services, in consultation with the Reference Group, shall be responsible for the
marketing of all commercial exploitation rights for the benefit of the Participating Broadcasters and the
Host Broadcaster, in liaison with the EBU's Agent.
6) The EBU Permanent Services shall be responsible for all aspects of the overall branding of the ESC.
The branding chosen shall be approved by the Reference Group.
7) The EBU Permanent Services shall, in cooperation with the EBU's Agent, be responsible for collating
market information on the Shows to help boost the possibilities for pan-European sponsorship of
subsequent editions.
8) The EBU shall create and administer the official website of the ESC. The cost of establishing and
maintaining the website shall be paid by the EBU (to be covered by the EBU's share in the
commercial revenue).
9) The EBU shall, in cooperation with the EBU's Agent, be responsible for the creation of an international
highlights tape of the ESC to be used for commercial, promotional and sales purposes.
10) The EBU Permanent Services shall appoint international monitors who may be sent to oversee all
aspects of the televoting procedure as well as the national juries voting processes on any territory,
with no notice given.
11) The EBU Permanent Services shall be responsible for overseeing voting throughout the Shows, for
any decisions required in the course of the voting and for giving any necessary instructions to the
international presenters and the scoreboard operator(s).
12) The EBU Permanent Services shall be responsible for collating and posting on the official website of
the ESC all the votes announced during the Shows.
13) The EBU Permanent Services shall be responsible for managing the archives of the ESC and of the
Shows.
____________________
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2012 ESC Rules
Annexe 4
Standard licence agreement for the CD/DVD compilation
Please see enclosure
33

2012 ESC License Agreement
26.10.2012
2012 ESC LICENSE AGREEMENT
This License agreement is made and entered into by and between
LICENSOR: and LICENSEE:
Hereinafter referred to as the "Parties".
European Broadcasting Union
17A L'Ancienne Route
1218 Le Grand Saconnex
Switzerland
Being the master owner of the recording as specified below, the Licensor hereby grants to the Licensee
the rights listed in Clause 2 to enable the music and video releases of the Repertoire by the EBU as
being the coordinator and rights holder of the 2012 Eurovision Song Contest (hereinafter the "2012
ESC") and which is entrusted for the release of the Products.
The terms of the 2012 ESC License Agreement are subject to Most Favoured Nations save only insofar
as third party licensors of recordings featured on The Products have granted additional distribution
rights (via e.g. “Option 1 and/or 2”) and will thereby receive additional remuneration by reason of the
exploitation of their recordings via those additional avenues of distribution.
In order to enable the distribution of the signed 2012 ESC License Agreement, the Licensor informs the
following contact person from its Legal Affairs department (Please fill out in block letters):
Name :
Title :
Phone No’s :
Email Address :
1. DEFINITIONS
1.1. Definitions:
1.1.1. The Audio Repertoire:
Any and all audio recording(s) of the songs selected to participate in the 2012 ESC (full versions of
any and all songs to be performed at the Semi-Finals and the Grand Final of the 2012 ESC (the
"Shows") based on the audio original master recordings and the karaoke versions thereof (i.e. full
versions without lead vocal(s))).
1.1.2. The Audiovisual Repertoire:
Any and all audiovisual recording(s) of the songs as performed in the 2012 ESC, including the
audiovisual recordings of the Shows, and for possible inclusion on the DVD also video(s) of local
performances at the National Selections and music and/or presentation video(s) provided by the
Participating Broadcasters.
1.1.3. The Products:
The Physical Products and the Digital Products to be released under the use of the ESC Brand.
1

2012 ESC License Agreement
26.10.2012
1.1.4. The Physical Products:
• The official 2012 EUROVISION SONG CONTEST CD - hereinafter referred to as the "ESC-CD" -
including the Audio Repertoire, and
• The official 2012 EUROVISION SONG CONTEST DVD - hereinafter referred to as the "ESC-DVD"
- including the Audiovisual Repertoire.
1.1.5. The Digital Products:
The Digital Audio Products and the Digital Audiovisual Products.
1.1.6. The Digital Audio Products:
Any and all digital audio products based on the Audio Repertoire such as the Digital Album
(including the audio recordings of the participating tracks in the 2012 ESC), the Digital Karaoke
Album (including the audio recordings in karaoke versions), a TELCO Sponsor's official 2012 ESC
preloaded phone (mobile device/hardware)/memory card, ring tones, ringback tunes and/or full
length tracks, etc. to be released on a bundled and/or unbundled basis subject to Clause 2 hereafter.
1.1.7. The Digital Audiovisual Products:
Any and all digital audiovisual products based on the Audiovisual Repertoire such as the Digital
Show Release (including the audiovisual recordings of the performances of the songs of the ESC
2012 by the participating artists at the Semi-Finals and at the Grand Final of the 2012 ESC),
audiovisual ring tones and/or full length performances, etc. to be released on a bundled and/or
unbundled basis subject to Clause 2 hereafter.
1.1.8. TELCO Sponsor:
Any and all official ESC sponsor(s) being a mobile telephone operator, a mobile telephone service
provider and/or a mobile handset manufacturer.
1.1.9 The ESC Direct Distribution Channels:
Distribution via the official ESC Websites (e.g. www.eurovision.tv) and/or ESC WAP-shops (e.g.
wapshop.eurovision.tv) and/or ESC Subscription services.
1.1.10 The TELCO Sponsors' Distribution Channels:
Distribution via an ESC International TELCO Sponsor's official website(s) and/or own mobile
distribution setup(s) (e.g. WAP shop) and/or its own subscription services and/or preloaded on an
ESC International TELCO Sponsor's mobile phone and/or memory card.
1.1.11 The DSP/MSP Distribution Channels:
Distribution via any and all regular third party digital music distributors (Digital Service
Providers/Mobile Service Providers), including subscription services.
1.1.12 The SMS Distribution Channels:
Distribution via return SMS' sent in connection to the voting sequence of the 2012 ESC.
2. RIGHTS
2.1. In general:
The Licensor warrants and represents that it holds all the rights that it is obliged to acquire to the
following track/recording for the Term throughout the Territory and the Licensor further warrants that
it is entitled to grant the license contained herein:
(Please fill out in block letters – info might be used in release artwork)
2

2012 ESC License Agreement
26.10.2012
Artist(s) :
Title :
Composer(s) :
Lyricist(s) :
Publisher(s) : (if applicable)
IRSC code full version :
IRSC code karaoke version :
(Hereinafter referred to as "the recording")
2.2. Rights granted:
The Licensor hereby grants to the Licensee with full title guarantee for the Term and within the
Territory the transferable rights listed hereunder including all the necessary rights to broadcast,
copy, reproduce, duplicate, manufacture, distribute, sell, sell for rental purposes, advertise and
promote as described under this Agreement:
• The Audio Repertoire as part of the ESC-CD and the Audiovisual Repertoire as part of the
ESC-DVD in an unlimited number on physical phonograms/videograms and/or other
physical devices now or hereafter known, and
• The Audio Repertoire and the Audiovisual Repertoire as part of the Digital Products via
digital services and/or digital devices now or hereafter known in an unlimited number, and
in particular:
2.2.1 The exclusive rights to produce and release the Physical Products
Through regular retail and wholesale trade channels, Internet retail sales, record clubs, direct
consumer sales (mail order and clubs), cover mounts, premiums, kiosk sales, etc.
2.2.2 The exclusive rights to produce and release the Digital Audio Products in bundled form
Through legal downloading and/or streaming to computer and/or mobile devices and the
like
Via ESC Direct Distribution Channels and/or
Via TELCO Sponsors' Distribution Channels and/or
Via DSP/MSP Distribution Channels
2.2.3 The non-exclusive rights to produce and release the Digital Audio Products based on the master
audio recordings in unbundled form
Through legal downloading and/or streaming to computer and/or mobile devices and the like
Via ESC Direct Distribution Channels and/or
Via TELCO Sponsors' Distribution Channels.
2.2.4 The exclusive rights to produce and release the Digital Audiovisual Products in bundled and
unbundled form
Through legal downloading and/or streaming to computer and/or mobile devices and the like
Via ESC Direct Distribution Channels and/or
Via TELCO Sponsors' Distribution Channels and/or
Via DSP/MSP Distribution Channel and/or
Via SMS Distribution Channels.
2.2.5 The non-exclusive rights to produce and release a karaoke game including the Audio and/or
Audiovisual Repertoire, and to use the Audio and/or Audiovisual Repertoire as described under Clause 11.
2.2.6 The non-exclusive rights to release digitally the Pictures and possible Logos of the artist(s) as
delivered at the EBU HoD Meeting on a bundled and/or unbundled (file by file) basis, e.g. for wall papers
3

2012 ESC License Agreement
26.10.2012
Through legal downloading and/or streaming to computer and/or mobile devices and the like
Via ESC Direct Distribution Channels and/or
Via TELCO Sponsors' Distribution Channels and/or
Via DSP/MSP Distribution Channels and/or
Via SMS Distribution Channels.
2.3. Rights Granted – Optional:
2.3.1 Option 1 – unbundled sales of the Audio Repertoire via SMS Distribution Channels:
Subject to optional signature and the Licensor being in possession of the necessary rights hereto, the
Licensor hereby grants to the Licensee the non-exclusive rights to release through legal downloading
to mobile devices, via SMS Distribution Channels (i.e. return SMS' sent in connection to the voting
sequence of the 2012 Eurovision Song Contest), the following "optional unbundled digital products"
being unbundled Digital Audio Products:
• The Audio Repertoire as a real tone, a ring back tune or a full length song.
2.3.2 Option 2 – unbundled sales of the Audio Repertoire via DSP/MSP Distribution Channels:
Subject to optional signature and the Licensor being in possession of the necessary rights hereto, the
Licensor hereby grants to the Licensee the non-exclusive rights to release through any website and/or
any mobile distribution setup (e.g. a WAP-shop), via any Digital and/or Mobile Service Providers (such
as e.g. iTunes), the following "optional unbundled digital products" being unbundled Digital Audio
Products:
• The Audio Repertoire as a real tone, a ring back tune or a full length song through legal
downloading and/or streaming to computers and/or mobile devices.
• The Audio Repertoire as a karaoke version (full version without lead vocal(s)) of the
participating track itself as a real tone, a ring back tune or a full length song through legal
downloading and/or streaming to computers and/or mobile devices.
2.4. Transferral of rights/sublicensing:
The Licensor acknowledges and accepts that the Licensee is entitled to transfer any and all of the
Rights Granted hereunder to third party distributor(s) such as e.g. a record company (hereafter the
"Record Company"), which shall itself be entitled to transfer such rights to local distributors, technical
service provides and/or Internet websites etc. in one or more countries. This transfer of rights can
include (but is not limited to) sublicensing of the rights to any such third party distributor(s) and/or
exploitation of the rights in joint ventures with any such third party distributor(s).
The Licensor acknowledges and accepts that the Licensee is entitled to transfer the rights to release any
and all Digital Products, including on non-exclusive basis the unbundled Digital Audio Products
through ESC Direct Distribution Channels, to other Licensee partners and/or to mobile service
providers and/or technical suppliers if so needed in order for the EBU to run its website(s) and possible
WAP-shop(s).
The Digital Products can be downloaded on a track by track or file by file basis for personal use (one
exception to this, cf. Clause 11) on computers, mobile phones and the like (whatever is applicable).
Furthermore, the Licensor acknowledges and accepts that the Licensee is entitled to transfer to a 2012
Eurovision Song Contest official TELCO Sponsor the rights necessary to release any and all Digital
Products via the TELCO Sponsors' Distribution Channels, including on non-exclusive basis the
unbundled Digital Audio Products.
Finally, the Licensor acknowledges that the Licensee shall always be entitled to, and to authorize the
Participating Broadcasters to, stream audiovisually the Audiovisual Repertoire on a bundled and/or
unbundled basis, free of charge on the websites of the Participating Broadcasters and of the
4

2012 ESC License Agreement
26.10.2012
Licensee/EBU, as well as on the official ESC platforms (such as YouTube, ESC Channel and ESC TV,
etc.) without limitation in time and on a worldwide basis.
2.5. Limitations and Reservations:
The Licensee hereby acknowledges that the artists and composers remain free to enter into any other
record producing agreement as long as such agreement does not cover a project similar to the ESC-CD,
the ESC-DVD, the Digital Album, the Digital Karaoke Album and/or the Digital Show Release.
Notwithstanding the foregoing, together with the national Participating Broadcaster in question the
Licensor is allowed to include the recording and/or the audio-visual recording from the National
Selection/Song Contest in question on a CD, a digital album, a digital karaoke album, a digital show
release and/or a DVD of the National Selection/Song Contest, being released in the country represented
by the participating artist.
Subject to the Licensor being in possession of the necessary rights hereto, the Licensor remains free to
enter into any other agreement regarding unbundled download products of the songs to be performed at
the Semi-Finals and the Grand Final of the 2012 ESC (the "Shows") based on the original audio master
recording(s).
The Licensor acknowledges that the Licensee is not obliged to release the Products.
The Licensee hereby acknowledges the Licensor's ownership of certain rights in the recording and the
audio-visual recording, and agrees not to make use of the same except in accordance with the terms of
this License agreement.
3. TENTATIVE TITLE OF THE RELEASES
The tentative title of all the bundled Products shall be the "Eurovision Song Contest 2012". The
tentative title of the unbundled Products shall be either the song title and/or the name of the
participating artist(s).
4. TENTATIVE INITIAL RELEASE DATES
The ESC-CD is expected to be released before the Shows take place (approx. 2-3 weeks before).
However, the Digital Audio Products are planned to be released approx. 4-5 weeks before the Shows
take place.
The Products for the Audiovisual Repertoire are expected to be released after the Shows have taken
place (approx. 2-3 weeks after).
However, the Licensor acknowledges that the Licensee is fully entitled to modify these dates.
5. PRODUCTS
The Licensee is entitled to use the Audio Repertoire and the Audiovisual Repertoire in their entirety or
in edited versions (but not remix) at the Licensee's sole discretion.
5

2012 ESC License Agreement
26.10.2012
6. CONTENTS
The ESC-CD will consist of a compilation of the whole Audio Repertoire (full versions) and will be
based on the original master recordings to be delivered hereunder. It may also include bonus track such
as an Eurovision Song Contest signature tune and/or recording(s) of live performances by guest stars
and/or recording(s) of previous winning titles of the Eurovision Song Contests.
The ESC-DVD will contain the audiovisual recordings of each of the Shows (including the whole
Audiovisual Repertoire) as well as other footage such as e.g. official press conferences, extracts from
the ESC Countdown Show(s), other "behind the scenes" materials and/or video(s) of local
performances at the National Selections/Song Contests and music and/or presentation video(s)
provided by the Participating Broadcasters and/or recording(s) of previous winning titles of the
Eurovision Song Contests.
The Digital Audio Products will primarily be based on the audio original master recordings of the
songs (in full or shortened length, in full or in karaoke versions).
The Digital Audiovisual Products will be based on the Audiovisual Recordings of the performances of
the songs at the Shows. Other Digital Products may consist of the pictures of the Artist(s), Artist
logo(s) and the like to be provided by the Licensor without any extra costs, the Licensee, pictures taken
at the event, etc.
The bundled Products might be bundled with other ESC materials/products – subject to the Licensee's
own decision.
7. SOURCE MATERIALS
The Licensor shall provide the Licensee with the following source materials:
• Original master recording (professional studio recording) of the track as it is being performed at the
2012 Eurovision Song Contest
o A full version (on CD, on FTP server or via www.yousendit.com)
o A full version without the lead vocal(s) (but including backing singer vocals) to be used as
karaoke version (on CD, on FTP server or via www.yousendit.com)
• Complete label copy including the following exact information on the participating song (on FTP
server/ESC intranet):
o Artist name(s)
o Title
o Name(s) of the Composer(s)
o Name(s) of the Lyricist(s)
o Name(s) of the Publisher(s), if any
o ISRC Codes – one on the full version, one on the karaoke version
• High Resolution photo(s) of the Artists for e.g. release booklets (on FTP server/ESC intranet)
• The lyrics (in phonetic letters) of the participating song as it will be performed at the 2012
Eurovision Song Contest possibly for e.g. release booklets (on FTP server/ESC intranet)
• Video of national performance, music and/or presentation video (the "Preview materials") possibly
for e.g. inclusion on the DVD and/or in TV/internet marketing (on digibeta).
• If available, biographies and/or Artist logos (on FTP server/ESC intranet)
The Licensor must provide the Licensee with such material no later than eight weeks prior to the
2012 Eurovision Song Contest Grand Final. The Licensor hereby agrees that the Licensee is entitled
to use, one minute of the Shows and/or of the Preview materials for promotion and/or advertising
purposes and that the Licensee is entitled to transfer such right to any Participating Broadcaster and/or
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a third party distributor(s) such as e.g. the Record Company, which itself shall be entitled to transfer
such right to its sub-licensees (distributors).
8. FORMATS & PRICE CATEGORY
The ESC-CD shall be released in the CD format. The ESC-DVD shall be released in the DVD format
and possibly in the Blu-Ray and/or HD format – subject to the Licensee's own decision. The Licensee
will do its utmost to release the Digital Products as MP-3 (audio) and/or MPEG-4 (video) files.
The Digital Products can be sold through legal downloading/streaming to computers and to mobile
devices. Furthermore, some of these digital releases can be sold preloaded on an ESC TELCO
Sponsor's official 2012 Eurovision Song Contest mobile phone and/or memory card.
The EBU or any company appointed by the EBU shall be in charge of the marketing and price category
policies for the releases of the Products.
The ESC-CD, the ESC-DVD, the Digital Album, the Digital Karaoke Album and the Digital Show
Release shall be sold at the most suitable (local) prices, whatever they might be – with the focus to
optimize the sales and income in each country.
The bundled digital releases to be included as preloads on an ESC TELCO Sponsor's official 2012
Eurovision Song Contest mobile phone and/or memory card, shall be sold at a price accepted by the
Licensee.
For at least the initial 2 (two) months after release the unbundled Digital Audio Products shall be sold
in the local full price categories. The Licensee is not by this agreement being granted the rights to sell
the unbundled Digital Audio Products in the local mid price or budget price categories. Therefore, any
price reductions shall be agreed in writing between the Parties.
9. TERRITORY
The licensed territory shall include especially any and all countries that broadcast the 2012 Eurovision
Song Contest (the "European Broadcasting Area" - including all parts of Eastern Europe) as well as any
other territory where the 2012 Eurovision Song Contest is being broadcast and/or where the Products
are to be released when distributed through the Distribution Channels mentioned under 1.1.9 to 1.1.12.
10. SUGGESTED ADVERTISING, PROMOTION & CO-OPERATIONS
If so decided, the EBU or any company appointed by the EBU to release the Products can advertise any
of the Products via any means or supports (such as television, radio, the Internet, papers, magazines and
other printed mediums). The EBU as well as any appointed company shall be entitled to use the name,
photographs, biography, voice and likeliness of the Artist(s), the Audio Repertoire, the Audiovisual
Repertoire, as well as any other material provided to Licensee by Licensor (such as video clips and
other officially approved images) for all such promotion and marketing.
Licensor warrants and represents to possess the rights to allow Licensee such use.
11. ON-LINE COMPETITION AND PROMOTION IN GENERAL
In the framework of a possible on-line karaoke competition to be organized by the Licensee the
Licensor acknowledges and accepts that any person wishing to participate in such on-line competition
is allowed to, without any other payment than the payment for legally downloading and/or streaming
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such audio recording for personal use on a computer, mobile phone and the like (in accordance with
this Agreement), perform the song by using as backing track the audio recording of the karaoke version
of the song in question, audiovisually record this performance so that such audiovisual record can be
made available to the public for free (e.g. as streaming and/or downloads) and be broadcast worldwide
an unlimited number of times, without limitation in time and via any technical means (including TV,
the Internet, broadband and mobile telecommunications technology) in the framework of the abovementioned
on-line competition and/or via the official website of the ESC (www.eurovision.tv).
The Licensee shall be granted, on a non-exclusive and transferable basis, the right to stream and to
make available on a non-downloadable basis both the recording (only in part, up to 30 seconds
maximum) and the audiovisual recording (in its entirety) for promotion purposes via the Internet, on
the official Eurovision website, www.eurovision.tv, and through the Eurovision website's official
online promotional channels without limitation in time, and via local streaming services throughout the
territories mentioned under Clause 9.
The Licensor also warrants that no objections will be raised against the public screening of the live
broadcast of the Shows, for example on large screens, in places accessible to the general public.
12. TERM
The term shall be from two months before the 2012 Eurovision Song Contest Grand Final to 31
December 2017 with a six-month sell-off period, save for the Audiovisual Repertoire (cf. Clause 2.4,
last paragraph).
13. ROYALTY BASE PRICE
13.1. Physical products:
The royalty base price from sales shall be the Published Price to Dealers (PPD) as published from time
to time by the local distributor in the country of sale, exclusive of taxes, less a firm Production,
distribution and handling charge of 25% of the PPD and less a firm Brand charge of 10% of the PPD.
This includes Internet retail sale. If sold through 'non-regular distribution' direct to consumers (mailorder
or clubs), the royalty base price is the per-unit purchase price payable by the commercial
purchaser, also exclusive of taxes, less a firm Production, distribution and handling charge of 25% and
less a firm Brand charge of 10%.
13.2. Digital products/exploitation:
The royalty base price from legal download sales/streaming for computers and/or download
sales/streaming for mobile devices and/or sales for digital inclusion as preloads on an ESC TELCO
Sponsor's official ESC mobile phone and/or memory card shall be net receipts actually received by the
Licensee itself, less taxes, payment of mechanical copyright royalty and less a firm Production,
distribution and handling charge of 25% of the net receipts and less a firm Brand charge of 10% of the
net receipts.
14. ROYALTY-BEARING UNITS
100% of all CD's, DVD's and Digital Products, sold and paid for, less returns and credits for any reason
and less any phonogram given away as free goods, discounts, bonuses or merchandising. However,
there shall be a cap of 25% (twenty-five) of the total sales to be excluded as free goods, discounts,
bonuses or merchandising.
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15. ROYALTY RATES
15.1. Generally:
For the sales of any bundled release (e.g. the ESC-CD, the ESC-DVD, the Digital Album, the Digital
Karaoke Album, the Digital Show Release, etc.) each Licensor shall be paid its royalty pro rata based
on the total number of tracks participating in the 2012 Eurovision Song Contest.
15.2. Physical products:
15.2.1. Royalty rates:
For the ESC-CD the Licensor shall receive the following royalty rates for sales of physical products:
• Regular trade channels, including Internet retail 23% (twenty-three percent)
• Mail order and clubs 15% (fifteen percent)
For sales of the ESC-DVD the Licensor shall receive a royalty of 50% of the royalty payable for sales
of the ESC-CD, i.e. 11,5% of the Royalty Base Price for regular trade channels including Internet
retail, and 7.5% for mail-order and clubs.
15.2.2. TV-break:
However, subject to a TV campaign for some/all of the Products within one or more given country(-
ies) of the Territory, in a period of three (3) months following the respective release date(s) ("TV break
period"), the Licensor's royalty rate(s) shall be 70% of the above.
15.2.3. Price reductions:
For sales at mid-price (between 50% and 75% of the local full price PPD) the Licensor's royalty rate(s)
shall be 75% of the above. For sales at budget-price (below 50% of the local full price PPD) the
Licensor's royalty rate(s) shall be 50% of the above. For sales of premiums and/or cover mounts and/or
kiosk sales the Licensor's royalty rate(s) shall be 50% of the above.
15.3. Digital products/exploitation:
15.3.1. Bundled products:
The Licensor shall receive the following royalty rates for legal download sales/streaming of any
bundled digital release and/or for sales of any bundled digital release for preload on a mobile
phone/memory card:
• Digital Audio Products (bundled): 30% (thirty percent)
• Digital Audiovisual Products (bundled): 15% (fifteen percent)
15.3.2. Unbundled products:
The Licensor shall receive the following royalty rates for legal download sales/streaming of the
unbundled digital products and/or for sales of any unbundled digital content for preload on a mobile
phone/memory card:
• Digital Audio Products (unbundled): 50% (fifty percent)
• Digital Audiovisual Products (unbundled): 25% (twenty-five percent)
• Any other unbundled digital product: 50% (fifty percent)
16. ADVANCE
The Licensor will receive an advance payable on the date of the 2012 Eurovision Song Contest Grand
Final. The advance payment will amount to € 1,500 (one thousand five hundred Euros).
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The advance is non-returnable but fully recoupable against all royalties payable hereunder.
Payment of the advance is subject to receipt by the Licensee of an appropriate invoice from the
Licensor. Such invoice shall include the appropriate Licensor's bank details to enable payment and
shall be addressed to Mrs. Fabienne Kohn, Eurovision TV Department, at the address mentioned on the
first page of the present Agreement.
17. ACCOUNTING AND BANK DETAILS
The first year following release (until June 30 th 2012), accounting shall take place within 120 days
following 30 June and 31 December. From July 1 st 2012 and onwards, accounting shall take place
within 120 days following June 30 th .
The Licensee shall have the right to withhold a return provision of 25% of the royalties payable to the
Licensor as a reserve against returns and credits. Any reserve will be liquidated within the following
accounting period.
The Licensee shall send statements to the Licensor reflecting such accounting and which shall indicate
the amount payable (if any) to the Licensor. Should any amount be payable to the Licensor with respect
to a given accounting period, the Licensor shall, upon receipt of the statements, send an invoice to the
Licensee for the amount mentioned in such statement. The Licensee shall pay the Licensor within 30
days of receipt of the invoice.
Any payment made by the Licensee according to this Agreement, within the payment terms set forth
herein, will constitute due payment in full discharge when transferred to the place of payment
designated by the Licensor in its invoice. The Licensor acknowledges that no payment shall take place
unless the Licensee has received an appropriate invoice to that end and that in case that the Licensor
fails to invoice to the Licensee any amount within one (1) year of the date of a given statement, such
amount shall not be due anymore by the Licensee to the Licensor.
18. MECHANICAL COPYRIGHT ROYALTIES
The Licensee is responsible for payment of the mechanical copyright royalty to the local collecting
society but the Licensee has no responsibility with regard to the distribution by that society.
19. TAXES
The Licensee cannot be held responsible for any withholding of taxes according to local governmental
statutes and requirements.
The Licensee shall assist the Licensor in obtaining tax exemption when possible.
20. INDEMNITY
The parties hereto agree to defend, indemnify and hold each other harmless against any and all liability,
loss, damage, cost or expense, including reasonable lawyer's fees, paid or incurred by reason of any
breach of any covenants, warranties or representations hereunder.
21. LAW & JURISDICTION
Swiss Law, subject to the ordinary courts of the canton of Geneva, Switzerland.
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*****
This License agreement is drawn up and signed in two identical copies, each party receiving one copy.
The Licensor hereby grants to the Licensee the rights to release the Physical Products and the Digital
Products as listed in Clause 2.2.
Date ____/____/____
Date ____/____/____
__________________________________
For the Licensor
Name:
___________________________________
For the Licensee
Director of the Eurovision TV Department
Optional Signature 1:
The Licensor hereby grants to the Licensee the non-exclusive rights to release the mentioned optional
unbundled digital products via return SMS' sent in connection to the voting sequence of the 2012
Eurovision Song Contest, cf. Clause 2.3.1.
__________________________________
For the Licensor
Name:
___________________________________
For the Licensee
Director of the Eurovision TV Department
Optional Signature 2:
The Licensor hereby grants to the Licensee the non-exclusive rights to release the mentioned optional
unbundled digital products through any website and/or any mobile distribution setup, cf. Clause 2.3.2.
__________________________________
For the Licensor
Name:
___________________________________
For the Licensee
Director of the Eurovision TV Department
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