Rules of the Eurovision Song Contest 2004
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VI. DUTIES OF THE PARTICIPATING BROADCASTERS
1. Each Participating Broadcaster shall ensure that it complies with the Broadcasting Rules (see Section XIII) for the Contest Final 2004 and that its entry and artists are in compliance with the rules laid down in Section V.
2. As a condition for participating in the Contest Final, and with the purpose of promoting the Eurovision Song Contest and the participating authors and artists as extensively as possible to an international audience, each Participating Broadcaster must ensure that the songwriter(s), composer(s), artist(s) and any other possible rightowner(s) of the selected song are prepared to grant the following transferable rights (unless permission to use any such rights is obtained from a collecting society):
(a) to broadcast the performance of the song at the 2004 Contest Final, in the widest sense of the term (the technical method of signal delivery and the form of the signal display, such as large screens or video walls, being irrelevant), covering both live and deferred transmission, in whole or in part, for both private and public reception, and an unlimited number of times. It is understood that the exercise of these rights also allows the live or deferred Internet/wireless transmission of the Contest Final, in whole or in part, or otherwise makingavailable (on-demand use) of the live performance of the song at the Contest Final, via the Internet and/or wireless technology.
(b) Preview Rights: These are the worldwide exclusive rights to present a video recording of the performance of the song, in whole or in part, on television, or via the Internet or wireless technology, prior to the Contest Final and for two months thereafter.
(c) CD and DVD compilation rights: These are the non-exclusive worldwide rights for incorporating a sound and/or video recording of the selected song and its performance, together with such recordings of all other songs in the Contest Final 2004, into a CD or DVD (or similar carrier) to be released by the EBU Permanent Services, or an appointed third party, on behalf of all broadcasters and artists. It is understood that such a (studio and/or live) compilation is limited to the performance of the songs at the Contest Final 2004 and shall not prejudice any existing or future record-producing agreement of the artist(s) or other rightowners. Moreover, any Participating Broadcaster may contract with a record company to release a compilation CD/DVD of the national contest. The EBU requires that both the EBU logo, and the Eurovision Song Contest 2004 logo, be featured on any such authorized national compilation and that reference be made to the Eurovision Song Contest in English, or translated into the national language.
(d) Extract Rights: These are the 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 2004 Contest Final, in whole or in part, into any other media services provided by the Participating Broadcasters.
(e) Lyrics: The song-writer shall not object to free copies and translations of the lyrics, in English and French, being made available at the 2004 Contest Final, for informational use by the EBU, the Host Broadcaster and the Participating Broadcasters, as well as for the information sheet accompanying any compilation CD or DVD.
3. Each Participating Broadcaster shall indemnify all other organizations concerned against any claims whatsoever arising from authors, composers, artists, publishers, producers or any other persons or entities in respect of any of the broadcasts or other uses of the songs pursuant to the previous rule.
4. Each Participating Broadcaster must make the best possible effort to promote its national selection process in its national media including promotional trailers for the Eurovision Song Contest 2004 and/or news coverage.
5. Not later than 16 weeks before the Contest Final 2004, each Participating Broadcaster shall establish a national Eurovision Song Contest website for its national selection, or a dedicated page within its main website, establish a link from that website or page to the official website of the Eurovision Song Contest and provide the address of that website or page to the EBU Executive Supervisor, within the limits of any national broadcasting rules and regulations.
6. Each Participating Broadcaster shall appoint a Head of Delegation (HoD) before the HoD meeting on March 22-23 2004, who shall be responsible for all aspects of the national entry, including delivering the material requested by the EBU and the Host Broadcaster in due time, and ensur ing that the Rules of the 2004 Eurovision Song Contest are respected.
7. The HoD shall attend the Heads of Delegation meeting on March 22-23 2004 and supervise the delegation of his country during the Contest Final. The HoD is the point of contact between the EBU and/or the Host Broadcaster and the other Participating Broadcasters and as such is fully responsible for all aspects of that Members participation.
8. Each Participating Broadcaster shall make available to the Host Broadcaster, at the HoD meeting on March 22-23 2004:
(a) the signed contract for the compilation CD and/or DVD, together with all the material requested by the record company (DAT, pictures of the artists in hard copy and jpeg, lyrics, biographies, etc.)
(b) A sound recording of its entry and the corresponding backing-track, where applicable.
(c) A video presentation of the song on stage by the artist(s) participating in the 2004 Contest Final (for internal use by the director, any format therefore being acceptable), clearly showing how it will be performed on stage.
(d) A video clip of the song, on Digi-beta, Beta SP or SX, to be used as a preview.
(e) A list of any requirements or requests with respect to instruments, props, etc.
(f) The lyrics of the song in the language in which it will be sung at the 2004 Contest Final, together with English and French translations (as applicable), for duplication and distribution to the Participating Broadcasters.
(g) Name, function and contact details of the notary who will verify the results of the national voting.
9. Participating Broadcasters shall ensure that their commentators respect the spirit and fairness of the competition. All commentators shall refrain from talking during the performance of the songs, and shall refrain from making any sexist, racist or otherwise unduly discriminatory comments about the artists of other countries. Commentators should also refrain from urging the audience to vote for any given song.
10. Each participating broadcaster must control his countrys journalist accreditation applications.
11. Each Participating Broadcaster shall make a recording of the final dress rehearsal(s) of the 2004 Contest Final in case problems occur with the final transmission(s).
12. Each Participating Broadcaster is required to book the circuits for the voting procedure as specified by the EBU Eurovision Operations Department, and to participate in a rehearsal of the voting procedure.
13. 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.
14. Relevant media laws and regulations, each Participating Broadcaster shall honour any and all sponsorship arrangements, including the broadcasting of billboards, bumpers, stings and branded trailers, etc, for the official marketing partners and suppliers, free of charge, in and around transmissions of the Qualifying Round and Grand Final, and any other international programmes related to the Eurovision Song Contest that may be produced.
15. The relevant material shall be supplied for broadcast by the marketing partner/supplier, or by TEAM, on behalf of the EBU. This relates to the international Contest only, and not to national selection programmes.
16. Each Participating Broadcaster sha ll provide, at the request of the EBU Executive Supervisor, full information on the legal sponsorship and advertising guidelines in its territory which are relevant to the delivery of the various commercial elements of the 2004 Contest Final.
17. Each Participating Broadcaster shall protect the exclusivity of the marketing partners and must not allow any third party on its territory to associate itself with the Eurovision Song Contest.
18. Each Participating Broadcaster shall co-operate with the SMS/Televoting marketing partner(s) for the 2004 Contest Final, for all its SMS and televoting activities related to the Contest Final, i.e. both the Qualifying Round and the Grand Final.
19. Each participating broadcaster able to offer commercial airtime around the Eurovision Song Contest 2004 must reserve its inventory, and offer it on a first refusal basis, to the official marketing partner(s) of the Eurovision Song Contest 2004, up to 90 days before the Eurovision Song Contest 2004 event (May 12 2003). In the ensuing 90 days, in the lead up to the event, the commercial airtime must be offered to the official marketing partner(s), on a first refusal basis, where it remains available. An official ESC marketing partner(s) must never be charged more than any other advertiser for the same inventory.
20. If the marketing partner/supplier decides not to buy the rights to the commercial airtime, the broadcaster is free to sell it to another company, but only if that company does not conflict with the official marketing partner/suppliers of the Eurovision Song Contest 2004. The advice of the EBU Executive Supervisor must be sought by Participating Broadcasters before any commercial airtime sales agreements are entered into, in order to prevent possible conflicts.
21. A Participating Broadcaster which does not comply with these obligations for other than legal or regulatory reasons shall be held liable for any reasonable claim to compensate the marketing partner/supplier for the value of the loss of exposure.
22. Each Participating Broadcaster shall do its utmost to prevent fraudulent voting in the Eurovision song Contest 2004. It shall give full access to any EBU international monitors who may be sent to oversee all aspects of the televoting procedure, on any territory, with no notice given. The EBU and the Reference Group shall rule on the sanctions to be imposed on a broadcaster found to have participated, either actively or complicitly, in any voting fraud.
23. Within two weeks following the Grand Final, each Participating Broadcaster shall provide the EBU Permanent Services with all qualitative and quantative information on the 2004 Eurovision Song Contest, including:
(a) viewing figures for the Grand Final, the Qualifying Round (if applicable) and any related 2004 Eurovision Song Contest programmes. If overnight viewing figures are available, they must be supplied to the EBU within 48 hours of the programme.
(b) an off-air VHS recording of the broadcast on its territory within two weeks of the broadcast.