AUTHORIZATION AND GRANT OF RIGHTS
I.- The undersigned (hereinafter, “Grantor”) is interested in participating in an audiovisual work entitled, provisionally or definitively, “Highland Saga Canon” (hereinafter, the “Program”), produced by the entity art.emis Entertainment GmbH (hereinafter, the “Producer”), with registered office in Berlin (Germany), Alt-Kladow 20, 14089 Berlin, initially intended to be broadcast through any of the channels managed by art.emis Entertainment GmbH (hereinafter, the “Channel”).
II.- Once the nature and purpose of the Program has been explained to the Grantor, the latter is interested in intervening in the Program by sending a video to the Producer related to the period of confinement decreed at world level, due to the health crisis caused by the propagation of the coronavirus COVID-19 (hereinafter, the “Material”), expressly authorising the Producer, by means of this document, without being exhaustive, to exploit its Material within the framework of the Program in the terms indicated below and, by this document, is obliged to comply with the following
1. Any Grantor who intends to appear in the Program voluntarily and free of charge may participate in the Program. In this regard, the Grantor shall provide the Producer with its Material (photographs, videos, audios, etc.), so that the Producer and the Channel can make use of it and carry out the broadest exploitation of it within the framework of the Program, in the terms indicated below.
Grantor acknowledges and agrees that this document will be executed by electronic means only. Therefore, the Grantor is aware that the original of this contractual relationship is this electronic document.
2. Grantor undertakes to follow the decisions of the Producer in order to adapt its Material to the audiovisual format of the Program and to ensure the proper development and completion of such Program, showing at all times an appropriate behaviour and collaborating diligently according to the needs of the production and the rules of participation in the Program, of which the Grantor is especially obliged to observe all those rules concerning safety measures.
3. In the event that the Grantor’s Material in the Program involves interaction with an animal, Grantor guarantees that he/she has obtained all the necessary and appropriate vaccines for that animal and must provide the Producer with all the necessary supporting documentation. Likewise, the Grantor guarantees that the animal is healthy and that its appearance in the Material does not entail any suffering or damage to the same, committing to safeguard its health and integrity at any and all times. Grantor undertakes to keep the Producer and the Channel harmless from any claims that third parties may raise with regard to the appearance of the animal in the Grantor’s Material.
4. Grantor undertakes to minimize, as far as possible, the appearance on its Material, either directly or indirectly, of clothing, accessories or other visible items that reproduce recognizable images, logos or trademarks, or that are not appropriate according to the nature of the Program in the opinion of the Producer. For this purpose, Grantor acknowledges and accepts the Producer’s right to remove or pixelate those references to logos or trademarks recognizable to avoid incurring an infringement of rights.
5. Grantor guarantee that he/she is in full physical and mental capacity to participate in the Program, being obliged to inform the Producer immediately if, after signing this authorization, Grantor knows why his/her participation should be suspended. Along with the above, Grantor expressly acknowledges and accepts that, in the event that his/her Material involves a performance that affects or may affect the physical integrity of Grantor, his companions or any third party, Grantor shall hold the Producer and the Channel harmless from any damages and/or claims arising from such performance, whether civil or criminal, and shall therefore be exclusively liable for the same.
6. Grantor assigns to the Producer the patrimonial content of his right to his own image, expressly authorizing the use of his personal image, voice, name and likeness, captured and fixed in his Material within the framework of the Program, for the usual purposes of advertising, promotion and commercial exploitation of the Program, by any means of dissemination (including social media and digital platforms of the Producer and the Channel), for the whole world and for the maximum period legally established, in order to enable the Producer and the Cannel to use such images, still or moving, for the peaceful exploitation and broadcasting of the Program without any limitation, including for promotional purposes of the Program (e.g. in the form of extracts from the Program, snippets, second takes, outtakes rejected during editing, recordings made for the purposes of “making of”, self-promotion pieces, trailers, etc.).
Likewise, Grantor acknowledges and expressly agrees that, by virtue of this assignment, the Producer is expressly entitled to authorize third parties other than itself (in particular, the Channel) to use the image, voice, name and likeliness of the Grantor in any medium or support and in any form, on the same terms and to the same extent as the Producer has been authorized by the Grantor by means of this document.
7. Likewise, Grantor assigns on a non-exclusive basis to the Producer, although with the power to assign to third parties, in particular to the Channel, for the whole universe and until its passage into the public domain, all the rights of exploitation of copyright that may correspond to its Material, by any means and in any form and, in particular, those of fixation, reproduction, distribution, public communication and transformation, as well as those of dubbing and subtitling of its Material.
The foregoing assignment of rights is made, by way of example without limitation, in order to its (i) television exploitation, including, but not limited to, analogue or digital television, cable, satellite, pay TV, free TV, connected TV or any other economic or technical mode of transmission, broadcast or retransmission, whether electronic, traditional, digital or analogue, including so-called video on demand; (ii) video exploitation, by any means or medium, analog or digital, including the so-called “multimedia”, patented or invented without patent (by way of example, DVD, Blu-ray, CD-ROM, CDI, CD LASER, etc.); (iii) exploitation in the form of books, brochures and other graphic, photographic, optical and visual media; (iv) exploitation through merchandising, secondary exploitation and derived products; (v) exploitation by means of extracts, summaries, sequences or fragments (“Clip Rights”); (vi) exploitation in open or enclosed spaces not principally used for film exhibition, such as trains, planes, ships, buses, hospitals, asylums, religious establishments, etc.(vii) exploitation in any form via the Internet, mobile telephony and by any other means of exploitation, including, but not limited to, computer, digital or electronic exploitation by any means, medium or mobile device (Ipad, Ipod, e-Book, tablets, smartphones, etc.) and the right to include in the interventions advertising sponsors or Product Placement; (viii) as well as the promotion and advertising of the above.
The rights assigned to the Producer on an a non-exclusive basis includes secondary exploitations and, in particular, the use of extracts, summaries, sequences or fragments, images, photograms, photographs or sound and interpretation elements of the Grantor’s Material in the Program, for reproduction, distribution, public communication or transformation in isolation or by incorporation in other works, productions, publications, broadcasts, recordings or databases, whether written, sound or audiovisual.
8. Grantor declares that he/she holds all the rights, powers and authorizations necessary to operate the assignment regulated in this document, and guarantees the Producer that his/her Material, used in the context of the Program, is original of his/her authorship or that he/she has the due authorization to make use of it, so that its Material does not infringe the rights of third parties, that it is free of charge or encumbrance and that he/she has the broadest powers of disposal over it, guaranteeing its peaceful exploitation by the Producer or its licensees. In particular, Grantor shall hold the Producer and the Channel harmless from any claims by third parties related to these concepts (including those by third parties that may appear occasionally and/or accessorily in the Material, for which Grantor guarantees to have their consent as set out in this document)), and shall indemnify them, if applicable, for any damages caused by non-compliance with the above.
9. In the event that the Grantor urges the revocation of the assignment of image rights to the Producer, in such a way that such revocation would prevent or hinder the peaceful exploitation of the Program, Grantor shall bear all costs, including legal costs, that may arise from such revocation and shall be obliged to compensate the Producer and the Channel for all damages caused by such revocation. The above shall also apply in the event that any participant in its Material instigates a claim procedure for the exploitation of its image rights, taking exclusive responsibility for this concept against the Producer and the Channel.
10. The Producer may, at its sole discretion, change the rules and dynamics of the Program, including those relating to the removal of any Material, for technical, safety or convenience reasons. In the event that the development of the Program or the broadcast of any or all parts of the Program are affected by circumstances beyond the Producer’s reasonable control, or cannot be carried out due to a breach of this document or an unforeseeable or unavoidable event, the Producer may cancel all or part of the Program without any claim by the Grantor.
11. There is no obligation for the Producer to use Grantor’s Material, to produce the Program or to broadcast it, so it may be broadcast at any time the Producer and/or the Channel deems appropriate, be it in whole or in part.
12. Grantor shall maintain the strictest confidentiality before, during and after the issuance of the Program over any and all information coming to its knowledge, directly or indirectly, through his/her participation in the Program, including these rules and the internal mechanics of the Program. In any case, no statement may affect the good name of the channels managed by the Channel, nor will they be contrary to the interests and/or guidelines of the Producer and the Program. Failure to comply with this obligation will result in the immediate removal of the Grantor’s Material from the Program and will give rise to the corresponding claim for damages caused to the Producer and/or the Channel.
13. In accordance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data and the free circulation of such data (General Data Protection Regulation or GDPR) and any national laws applicable of each Member State (including the German “Bundesdatensschutzgesetz” of June 30, 2019), Grantor is hereby informed that the personal identification data collected herein will be processed by the Producer and by the Channel for the production and dissemination of the Program, being the legal basis of this data processing the legitimate interest of the Producer and the Channel to carry out their respective business activities as audiovisual media companies.
These personal data consist of (i) Grantor´s personal identification information which are collected through the participation application form (Grantor warrants that the personal data provided in the participation application form are reliable), (ii) its image or other personal data incorporated in the Material, which shall be processed by the Producer, and to the extent it is necessary for the distribution of the Program by the Channel and (iii) any other personal data necessary to carry out the digital signature of this documentation and to warrant its legal validity. The personal identification data collected will be processed for the following purposes:
-Management of the Grantor’s participation in the Program through the inclusion of his/her Material in the Program and communication with the Grantor;
-Management of the necessary authorizations and licenses for the emission and peaceful exploitation of the Program that includes the Material.
-Production and exploitation of the Material by the Producer and the Channel, whether on television or digital media (including social and digital platforms such as Facebook, Instagram, etc.),
-Communication, including by electronic means, with the Grantor,
-Management of the electronic signature and the required documentation for the purposes stipulated herein.
Grantor may request access to the personal data, its rectification, its deletion, its portability and the limitation of its processing, as well as oppose to it, by writing to the Producer’s e-mail address: firstname.lastname@example.org or to the Channel’s e-mail address: email@example.com or by letter to the postal address of the Producer or of the Channel indicated in the heading of this document, specifying in the subject “Data Protection”, although the deletion of your data will not be possible until the broadcast of the Program has been completed.
In the event that the Producer or the Channel fails to comply with its legal data protection obligations, Grantor may submit a complaint before the Data Protection Authority where Grantor lives, works or where the problem has happened (available at http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.html).
14. This document shall be construed and interpreted in accordance with German laws. Grantor, with regards to any conflict arising between them as a consequence of the Agreement, voluntarily and expressly agrees to the sole jurisdiction of the competent Courts of Berlin (Germany).