The Eurovision Song Contest (the "ESC") is an international coproduction by broadcasting organisations having the status of Members of the European Broadcasting Union (the "EBU") and which is carried out under the auspices of the EBU as part of the television programme exchange known as Eurovision.
The 2017 ESC (including all ESC Material) is subject to and protected by copyright and related rights.
These ESC Access Rules (the "Rules") apply to the use of audio-visual images and audio sounds of the 2017 ESC Shows, the Jury Rehearsals and the Press Conference Material (the "ESC Material") by Non-Rights Holders.
Any transmission outside the scope of these Rules by Non-Rights Holders must be authorised by the EBU or must be within the scope of these Rules.
The Broadcast, transmission or making available On-Demand of the ESC Material, in part or in whole, is strictly and exclusively reserved to the Rights Holders. Additionally, no live access shall be granted to Non Rights-Holders.
Non-Rights Holder shall in no case Broadcast and/or make available and/or otherwise exploit, on a live, delayed or On-Demand basis, via any transmission methods the ESC Material, in whole or in part, even if no Rights Holder has been granted rights in the Non-Rights Holder’s territory.
Insofar as news reporting is concerned, these Rules are subject to applicable national laws and regulations on news access practices.
Additionally specific cases, the EBU may agree with the Participating Broadcasters in their particular territories to issue supplemental news access rules for such territories, which shall supersede these Rules.
Terms capitalised hereunder shall have the meaning set out in the Definitions listed under Section 7 hereafter.
2. Non-rightsholders ESC Access Rules
Any use of ESC Materials is subject to the following:
2.1 Audiovisual access rules
Non-Rights Holders may use on a free of charge basis (except for technical costs, if any, and for the usual rights payments to national music collecting societies) materials from each Show, (or, if requested, from each Jury Rehearsal) (the "Shows Material") as follows:
2.1.1 Non-Rights Holders which are EVN Members may use a total of three (3) minutes of the Shows Material strictly in the news context in general current affairs bulletins which are to be Broadcast on a linear basis within forty-eight (48) hours of the Semi-Finals and the Final respectively.
2.1.2 Non-Rights Holders which are not EVN Members may use a total of two (2) minutes of the Shows Material in News Bulletins which are to be Broadcast on a linear basis within twenty-four (24) hours of the Semi-Finals and the Final respectively.
2.1.3 In addition, the following conditions shall be respected
a) No stand-alone use of the Shows Material can be made;
b) No song must be used in its entirety and no more than ten (10) seconds of each song may be used;
c) All included Shows Material must give an on-screen credit to read as follows "COURTESY OF PBC AND EBU" for the whole duration of the Shows Material used;
d) Use of Shows Material is subject to Section 5 f) below via Television and on Websites on an On-Demand basis;
e) If the News Bulletin or the general current affairs bulletins in which Shows Material is included are made available on Websites on an On-Demand basis, the bulletins in question can remain posted for a reasonable duration after the Final (one month maximum).
2.2. Radio access rules
Non-Rights Holder radio stations may use Shows Material in their News Bulletins in their respective territories subject to the following conditions:
a) Non-Rights Holders shall not Broadcast or include their own commentary or similar coverage of any Shows Material, whether on a live or delayed basis, or any other material obtained while inside the Venue, including interviews,
b) Commentaries of the ESC events taped from the television coverage of the Rights Holder in the particular territory can only be used with the express written permission of the Rights Holder.
c) All other conditions listed in Section 2.1 above apply mutatis mutandis to this Section 2.2.
2.3. Press conference material
The use of the Press Conference Material is unrestricted. Non-Rights Holders must give an on-screen credit to read as follows "COURTESY OF PBC AND EBU" for the whole duration of the Press Conference Material.
3. Filming at the venue
Only accredited media shall be free to use for purposes of the written press only (including the press’ websites), any audio-visual or audio material recorded by during the Press Conferences, open rehearsals and the first Dress Rehearsals. The possibilities for accredited media to film are listed in the Accreditation Handbook.
All other uses or exploitation of any such recorded material is subject to the restrictions contained in the present Rules.
The accreditation of any organisation or person(s) for the ESC may be withdrawn without notice, at the absolute discretion of the EBU if these Rules are breached.
In order to enable Non-Rights Holders to use ESC Material in accordance with these Rules, the EBU shall make available the ESC Material via the EBU WORLD FEED.
5. General undertakings
Non-Rights Holders shall:
a) only use ESC Material in strict accordance with these Rules;
b) not exploit, distribute, share, make available or provide ESC Material to any third party, except for Non-Rights Holders international News Agencies, which may make such ESC Material available to their regular customers, in accordance with their standard distribution procedures and the present Rules, with the prior written consent of the EBU;
c) ensure that no advertising or other message or promotion (including any broadcast sponsorship) is placed before, during or after the broadcast of ESC Material, in such a manner as to imply an association or connection between any third party, or any third party's product or service, and ESC Material, the ESC, the EBU or the Participating Broadcasters;
d) not advertise, market or promote the availability of ESC Material on their websites or on any other platform controlled by the Non-Rights Holders;
e) not use the ESC or EBU trademarks so as to suggest an endorsement and/or a partnership with the EBU and/or the ESC;
f) represent to the EBU that, in respect of rights in all musical works and sound recordings which are used in the ESC Material, it has concluded appropriate licence agreements or arrangements with, and be liable for and pay all fees due to, the appropriate music collecting societies, organizations or similar bodies to enable it to exercise the use authorised by these Rules. For the avoidance of doubt, Non-Rights Holders shall have for sole liability to clear those rights as are normally controlled by a performing rights collective administration society, or similar performing rights music collecting societies. By using ESC Material, they acknowledge and agree that they shall hold the EBU, the Host Broadcaster, the Rights Holders harmless and fully indemnified against any claim arising out from any use made in breach of the present Rules and shall defend, indemnify and hold harmless all the Rights Holders, the EBU and the Host Broadcaster) from and against and loss, damages, costs and expenses arising out such claims.
6. Applicable law
The present Rules are submitted to Swiss Law.
Broadcast shall mean the distribution or transmission of audio and/or audio-visual programmes for reception on a television receiver, computer monitor, mobile device, radio or other devices now known or hereafter devised.
ESC shall mean the Eurovision Song Contest.
ESC Material shall mean the Shows Materials and the Press Conference Material.
EVN Members shall mean those broadcasters which are Members of the EBU and which participate in, the Eurovision News Exchange (EVN/EVS).
Host Broadcaster shall mean the EBU Member entrusted with the organisation and production of the ESC, which for 2017 shall be PBC (Public Joint Stock Company "Public Broadcasting Company of Ukraine" - JSC "UA: PBC").
Internet means the on-line global communications matrix which interconnects, using TCP/IP protocol and/or related protocols, individual computers and/or computer networks.
Jury Rehearsals shall mean the dress rehearsals due to take place on the evenings preceding each live Show and during which the national juries shall vote.
News Agencies shall mean media organisation whose primary business or only business is the reporting and syndicating of news worldwide and which are members of the Eurovision News Exchange.
News Bulletins shall mean daily regularly-scheduled general news programmes in which the main feature of such programme is news.
Non-Rights Holders shall mean any broadcaster and/or any Internet Operator (including for the avoidance of doubt any EVN Member which is not a Rights Holder or News Agencies) which do not hold any audiovisual media rights in the ESC.
On-Demand shall mean the set-up whereby individual users may choose the time and the place of reception through access to the signal of their choice made available for that purpose on an electronic database.
Participating Broadcasters shall mean the EBU Members participating actively in the ESC (i.e. those broadcasters entering a contestant in the ESC).
Press Conference Material shall mean any interviews/interventions filmed and recorded during the press conferences.
Radio shall mean a linear audio only transmission service on any type of radio system by any technical means (including transmission or re-transmission by satellite, wire, fibre or cable systems or any other system of telecommunication.
Rights Holders shall mean those broadcasters which have been granted a licence to broadcast the ESC Shows by the EBU or authorised to broadcast the ESC Material by the EBU (including the Participating Broadcasters).
Shows shall mean the Semi Finals 1 and 2 as well as the Final which shall be held and produced respectively on 9, 11 and 13 May 2017 in Ukraine, at Kyiv at the International Exhibition Centre.
Shows Material shall mean sound and/or images of any Show or Jury Rehearsal.
Television shall mean the Broadcast of a linear audiovisual programming for simultaneous reception by the public, in private or public places, by any technical means in whatever technical standard for reception and display on any type of device, irrespective of the mode of financing of the service (such as free of charge or against payment). Notwithstanding the foregoing and for the avoidance of doubt, Television shall specifically exclude, without limitation, Internet, video downloading, video streaming, computer network exhibition, Mobile Platform exhibition, home video, future media and Radio.
Venue shall mean all the premises of the International Exhibition Centre, in Kyiv, Ukraine.
Websites shall mean fully owned websites or websites under the editorial control of the Non-Right Holder.
Last update : 22-03-2017 (v1)