Consent to the Use of Audio and/or Video Material

 

Event: 8th International Joseph Haydn Chambermusic Competition 2020

Date:   22.2.2020-3.3.2020

Venue: University of Music an Performing Arts Vienna – mdw

 

1.      Preamble

 

1.1.   The Performer has agreed to artistic activities within the frame of the project. By the present granting of rights he/she grants to mdw – University for Music and Performing Art Vienna (“mdw”) the following specified rights.

2.      Granting of rights

2.1.   The Performer grants to mdw a comprehensive (without limitation to object, time and extent) a transferable right of exploitation of works for all works created by the Performer within the frame of the project to mdw in the sense of the copyright law. This includes mainly the right to reproduce the works on image- or sound recording carriers and the right to record the work during broadcasting or for the purpose of broadcasting on image- or sound recording carriers as well as the translation and adaptation of the works, the combination with other works and performances. The exploitation of the work may be made in any technical or commercial way known today or even still unknown, both for academic as well as commercial purposes.

2.2.   Furthermore the Performer grants to mdw an exclusive right of exploitation to the extent in para

1 for all his/her performances protected in the sense of the intellectual property right, to the extent he/she makes such performances within the frame of the project, e.g. as performing artist, as producer of images, movies, sound carriers or data banks.

2.3.   Rights to be asserted eventually exclusively by exploitation companies remain unaffected.

2.4.   The Performer grants to mdw the right to make use of images or movies made from him/her in connection with the project for the purpose of promotion for and the information of the public on mdw and its range of services.

2.5.   The name of the Performer will be named in the way common at universities in the exploitation of the works resp. performances.

2.6.   The Performer grants to mdw the power to represent him/her in asserting his/her personality rights as author and intellectual proprietor towards third parties, to the extent this concerns the works and performances named in paras 1 and 2. Mdw is not obliged to become active for the performer. This power may be revoked any time.

2.7.   No separate valuable consideration is agreed for this granting of rights. To the extent a valuable consideration is agreed between mdw and the Performer for his/her performance, such includes the consideration for the granting of rights agreed hereby. Otherwise the granting of rights is without valuable consideration.

3.  General

3.1.   In case third parties assert claims for intellectual property rights or similar against mdw for the participation of the Performer in the project, the Performer will hold mdw free of harm and claim.

3.2.   In case a stipulation in this agreement should be invalid or ineffective this does not affect the validity of the other stipulations. The invalid or ineffective stipulation is to be replaced by a valid and effective one, coming closest to the goals achieved by the invalid or ineffective stipulation. The same applies to eventual omissions.

3.3.   The pertinent agreement governs the contractual relations between the contracting parties completely. All side agreements lose their effect upon the execution of the pertinent agreement.

3.4.   Modifications and amendments of this agreement require the written form. This also applies to a waiver from the requirement of the written form. Notifications via email or telefax correspond with the written form.

3.5.   Austrian law is to be applied to this agreement under exclusion of the UN-Uniform Law for

International Sales.

3.6.   Place of performance is Vienna.

3.7.   Exclusive forum for all disputes under this agreement is Vienna, Innere Stadt.

4.      Data Protection

4.1.   The Performer voluntarily declares the consent to the following data processing by mdw: The produced graphic and audio material of his/her person during the above mentioned “project” may be published by mdw on their websites, social media channels (Facebook, Instagram,

Twitter) and in their forms for documentation and information purposes as well as especially for marketing purposes, in compliance with the criteria determined for the duration of storage as timeliness and relevance with regard to effective promotion to reach the public.

4.2.   The undersigned person is aware, that she/he has the right to revoke the consent to use her/his person related data anytime entirely or partially under foeldi@mdw.ac.at. If the processing is based on consent, the person related data may be stored and processed until the revocation of the declaration of consent. In case of revocation the lawfulness of the person related data processing before the revocation is not affected. Due to a possible revocation the purposes mentioned above cannot be served anymore.

4.3.   The data protection information for graphic and audio material of mdw has been acknowledged.