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RULES EUROVISION SONG CONTEST NATIONAL SELECTION 2023

I. GENERAL PROVISIONS

1.1. The Romanian Television Society (SRTV/Organizer), on the basis of the right conferred by the European Broadcasting Union (E.B.U.), to participate yearly in the International Competition Eurovision Song Contest organizes the National Selection for Eurovision Song Contest, in the form of a contest.

1.2. In 2023, the European final of Eurovision Song Contest will take place on 9, 11 and 13 of May 2023  in Liverpool, United Kingdom.

1.3. The National Selection Eurovision 2023 (SNESC 2023) includes a registration period, a preselection, a selection where the winning song will be designated to represent Romania at Liverpool, United Kingdom.

1.4. Compliance with the conditions of the present Rules is mandatory for all participants

 

II. REGISTRATION PERIOD

2.1. During the registration period, 14th of November– 11th of December 2022 (the date of the receipt of materials by email), the authors of original musical creations, Romanian citizens or foreign citizens (music and lyrics) who would like to represent Romania at the International Eurovision Song Contest 2023 are invited to register, by  submitting the following items:

a)      the song/audio recording, in WAV format,  by transfer.ro or wetransfer.com at eurovision.romania@tvr.ro, containing the final version of the song and a negative version, without the singer's voice, but with backing vocals. The songs may or may not have a chosen performer. In case of registering a song without a chosen performer (with a "studio" performer), the Organizer suggests  the performer, which will be established, by mutual agreement, with the author(s):

 

1 Complete information about the participating song:

-   Title of the song

-   Name(s) of the singer/band, Romanian or foreign citizens (if any)

-   Name(s) of the composer(s)

-   Name(s) of the author(s) of the lyrics

-    Name of the producer (publisher), if any

a.2 The Organizer and the members of the Secretariat shall maintain the confidentiality of:

- Name(s) of the composer(s)

- Name(s) of the author(s) of the lyrics

- Name of the producer (publisher), if any.

b) a video recording of the song, containing the final version of the final song (wide shot, neutral, with performer);

c) a video recording of the performance in a capella style;

d) selfie portait of the performer (if any);

e) an own risk statement/affidavit in the form specified in Annex 1 to these Rules, whereby the author/authors retains responsibility for stating that the song enlisted for the contest was not, either in whole or in part, made available to the public under the conditions stipulated in Article 2.7 of these, by means of any audio or video media, radio or television channel, whether public or private, national or local, or internet or any public performance (including concerts) in Romania or abroad, whether or not it was officially recorded on any magnetic or digital support or in any other form of public communication, and that the song was not commercially released  and/or publicly performed (fully or partially) before the 1st of September 2022, that it is an original creation which shall not affect the rights held by any third parties

f) a written agreement between the author and the performer(s) regarding the participation in the National Selection for Eurovision 2023, the model of which is in the form presented as Annex 2 to these Rules;

g) a written authorization signed by the holders of copyrights and related rights - author/artist/producer of the work/ owner of the (audio) recording, as per the model presented as Annex 3 to these Rules, regarding the assignment of the material copyrights and related rights over the work, performance and recording (master), as well as the obligations regarding the promotion of the contest

h) the text of the song in the language in which it is performed and an ad literam translation of the song into Romanian, if the text is in a foreign language;

i) a copy of the identity card of the author/authors, artists and of the producer’s representative (if this is the case);

j) the telephone number and e-mail address of the contact person.

 

2.2. The submission of the mentioned items at art 2.1 is done by sending an e-mail to the address: eurovision.romania@tvr.ro.

2.3. The text of the song must not have an obscene or political character or contain any advertising messages.

2.4. In this phase only the songs delivered through file transfer by e-mail to eurovision.romania@tvr.ro, in WAV format will be admitted. The procedure will only be considered to be completed after the sender has received a confirmation from the same e-mail address.

2.5. The songs, as well as their performances, shall not exceed 3 minutes, otherwise they will be disqualified. No more than 6 performers will be admitted on stage. All performers should be at least 16 years of age on the date of the international final, at the latest.

2.6. All the materials from the registration procedure won’t be returned, whether they are admitted or not for participation in the subsequent phases of the contest.

2.7. All the contestants in the contest shall assume the mandatory and eliminatory obligation to participate with a song (music and/or text) which is original and does not affect any rights held by any third parties, which was not edited on any audio or video medium or broadcasted on any radio or television channel or on the internet or made available to the public in any way, integrally and/or sequential or in part, until the 1st of September 2022.

2.8. If, in any phase of the contest, a third party submits evidence that a song breaches the mandatory and eliminatory obligation mentioned at art.2.7, the respective song will be disqualified. A committee appointed by SRTv in its capacity of Organizer will analyze such evidence (including allegations of plagiarism). The final decision belongs exclusively to SRTv. The liability for any allegation of plagiarism and/or prejudice against the Organizer (SRTv), as consequences of non compliance stipulated at art. 2.7 belongs exclusively to the Author(s) of the song concerned.

2.9. On 12 December 2022, the centralization of the registrations and the verification of the submitted documents will be carried out by a Reception Committee at SRTV headquarters. This Committee will certify the existence / non-existence of the documents requested by the Organizer, according to the Contest Rules.

2.10. In case the Reception Committee finds out that the submitted documentation, except the audio recording, is incomplete, the concerned contestant will be granted a maximum of  24 hours to submit/complete the relevant documents. Such request may be made by telephone (SMS) and/or e-mail.

2.11. Failure to submit/send the documents according to the request of the Reception Committee as above mentioned, will result in the disqualification of the contestant and the removal of the song.

2.12. The final results of the reception will be written down in a report, assumed by the members of the Committee and will be published on www.tvr.ro and http://eurovision.tvr.ro.

2.13. In this period of SNESC 2023 appeals are not allowed.

 

III. PRESELECTION

3.1. The preselection phase will be carried out during December 14 – 16,  2022. Each song entered in the contest will be heard by a specialized jury, consisting of max.7 members.

3.2. The members of the Jury are appointed by the Organizer (SRTv). They will take responsibility for the conditions of the contest and must meet the following conditions:

a) they should have no interest whatsoever in connection with the song, the authors or the performer, which could affect their impartiality while casting their votes;

b) they should fill in a standard form confirming that they will comply with the voting instructions set out in these Rules, as well as a signed own risk statement whereby they undertake to vote in an independent manner.

3.3. The judging process will take place at SRTv headquarters or online, the final decision belonging to the Organiser. Each jury member will receive an evaluation sheet containing the titles of all songs and the names of the performers, the Organizer keeping the confidentiality of the authors. The jury members will only find out the identity of the authors of the songs enlisted for the contest after the completion of the judging process(composer and lyricist).

3.4. In the pre-selection phase, the songs will be appreciated on the basis of the rating from 1 to 10 and the jury will select 12 songs according to the following criteria:

a) the musical form of the song, assessing the development of the melodic theme, its harmonization, as well as the rhythmic and melodic elements which confer an appropriate musical structure to the song;

b)  the way in which the orchestration of the songs is done;

c)  the creative and original character of the themes

d)  the stylistic diversity of the competing songs

e)  the lyrics and the message of the song (political messages and obscene messages are not allowed)

f)   the quality of the sound, the construction and development of the song;

g)  the interpretation of the song according to the theme;

h) highlighting the message of the song (interpretative and visual)

i) the quality of the performance and artistic act as a whole

3.5. The songs that, following the judging process, achieved the best result, will be admitted/selected for the next stage of SNESC 2023, in descending order. The artist can perform only one song entered in the contest and cannot be replaced during the contest. A composer may have several songs in the competition, but performed by different artists.

3.6. In case of a tie-vote, the song with the most numerous ratings of 10 will win. If a    tie-vote is found again, the most numerous ratings of 9 will be taken into consideration, and so on until a differentiation can be made. If the tie-vote is kept, the Organizer will decide which song will be selected.

3.7. The jury members must sign both their own evaluation sheet and the minute drafted after the exact establishment of those 12 songs which will participate in the selection.

3.8. The selected songs will be announced on www.tvr.ro and http://eurovision.tvr.ro and the results will also be sent for publication in the central press, no later than December 17, 2022.

3.9. If, for objective reasons, a composer withdraws his/her song from the contest, this can only be made by an official application signed, scanned and sent to the Organizer by e-mail to: eurovision.romania@tvr.ro within 24 hours since the time when the results were announced. Unless the application for withdrawing the song is communicated to SRTv within the above mentioned term of 24 hours, the provisions of Article 6 of Annex 2 will apply.

3.10. Any appeal will be submitted, by email, to eurovision.romania@tvr.ro, within 24 hours from the publishing of the results on  www.tvr.ro and http://eurovision.tvr.ro

3.11. Appeals will be solved by an Appeal Committee, which will include 3 members of which one will be the Jury Chairman. They will analyse and communicate a written answer by e-mail or by post to the address indicated by the appellant. The term for solving each appeal is 24 hours  from the expiration of the term for submitting the appeals.

3.12. After the preselection, the 12 songs will be broadcast as they were registered in the contest, on SRTv channels, according to the daily program and posted online (for ex: TikTok, SRTv Youtube channel, Instagram, Facebook Eurovision RO 2023).

3.13. The authors and the performers of 12 the selected songs undertake to conclude an agreement with SRTv whereby, among others, they shall detail the editorial, artistic, organizational obligations, as well as those related to conduct in connection with the participation in the international Eurovision Song Contest 2023.

IV. SELECTION

4.1. The final stage of SNESC 2023 will take place on February 11, 2023 and consists in organizing a television programme/show broadcast live from SRTv studios on air and online in which all the 12 songs resulting from the pre-selection stage will be performed (live).

4.2. Each song from the TV show will be allocated, randomly, a contest number and they will be performed respecting the order of the numbers.

4.3. The designation of the winning song is made following the viewers' vote by sms– at a normal rate – or online.

4.4. The viewers' vote consists of sending an SMS with a text message containing the contest number of the favorite song, from the "START VOTE" moment until the "STOP VOTE" moment, or during the recap of the performances from the end of the tv show, the rule being that there will be possible one single vote for one song, but with the possibility to vote several songs.

4.5. The Organizer makes a ranking of the songs by summing the points obtained by each song, from the viewers vote.

4.6. The Organizer reserves the right to cancel the votes generated as a result of fraudulent operation of mobile networks, including the case of finding the use of social media accounts specially created to defraud the voting process, according to the present Rule.

4.7. In case of tie-vote, the performing of the songs and the voting process of the songs with equal results will be repeated.

4.8. Any appeal will be submitted within 48 hours from the publishing of the results of the final by email to eurovision.romania@tvr.ro. Appeals will be solved by an Appeal Committee, which will include 3 members of which one will be the representative of the televoting company. The term for solving an appeal is 72 hours hours from the expiry date of the submission deadline for appeals.

4.9. To ensure the fairness of the judging process in the Eurovision National Selection 2023, SRTv will resort to the services of a public notary.

 

V. THE WINNER OF THE CONTEST

5.1 The winning song of the National Selection ESC 2023 will be the one that obtains the highest number of votes expressed by the public.

5.5. The announcement and the display of the results will be done both within the live broadcast of the show/programme , and online, on the Eurovision Romania Facebook account and on the sites www.tvr.ro and http://eurovision.tvr.ro.

 

VI. LIMITATIONS AND RESERVATIONS

 

6.1. During the participation in the Eurovision contest (the national phase and the international phase):

a)  The artist's team shall be supported by SRTv team so as to put the show concept of his/her song on stage, in the best possible conditions. The artistic performance must be in accordance with the indications of the Organizer.

b)  the copyright and rights related to copyright holders (performer, composer and lyricist), may not conclude any agreement with third parties regarding the rights assigned to SRTv.

6.2. During the international stage of the competition (the international semi-final and final), the artist's management shall comply with the priorities and conditions imposed by SRTv, EBU and the host country of the international ESC 2023.

6.3. The Organizer shall bear the travel and accommodation expenses for the artist who will participate in the international phase as the representative of Romania at EUROVISION SONG CONTEST 2023, within the limit of maximum 8 people (maximum 6 people who will perform on stage and 2 people from the technical staff).

 

VII. FINAL PROVISIONS

7.1. By registering in the international contest, after the completion of the National Selection, the authors and the performers of the winning song are compelled to sign an agreement with SRTv whereby they shall detail the editorial, artistic, organizational obligations, as well as those related to public communication and conduct in connection with the participation in the international Eurovision Song Contest 2023 which is held on in Liverpool, United Kingdom, on 9th, 11th and 13th of May, 2023. Failure by the authors/artists or holders of rights over the participating song to sign an agreement for their participation in the national or international final will constitute a reason of disqualification of the song from the contest.

7.2. All the artists and other holders of rights undertake to authorize the use, reproduction, printing and publication of their names, images, voices, photographs and biographies in the context of promoting, broadcasting and/or of the commercial exploitation of the shows by all means and on any media channel, either from among the currently known channels, or from any subsequent ones, for an unlimited period of time. This also involves the use of the photographs and any other audio and video materials from press conferences, or recorded at rehearsals or backstage, for DVD compilations, for the websites of SRTv, Eurovision or their official partners, as well as of any other SRTv or Eurovision media product.

7.3. The artists have the obligation to take part in the press conferences organized by SRTv and EBU. The winning artist (artists) has/have the obligation to participate in the official press conference after the preselection, national selection and international stage, in promotion shows made  by SRTv with priority, to mutually agree with the Organizer on their participation in any show broadcasted on any other media channel, and to authorize the use of any recording on any media channel (including the Internet) without any time or territory limitations.

7.4. Participation in the international phase of the contest requires the compliance with the provisions of the International Regulation EUROVISION SONG CONTEST 2023, including the conditions and safety measures regarding the prevention and control of the spread of SARS-COV-2 infections imposed by the host country of the International ESC 2023.

7.5. Failure to comply with the provisions 7.4. by the winner of the Eurovision 2023 National Selection is a reason to disqualify the song from the competition, in which case the Organizer has the right to declare the winner the next ranked.

7.6. The Annexes 1-3 are part of the present Rules.

7.7. This Rule, together with the International Rules EUROVISION SONG CONTEST 2023, as well as any other information about the contest will be posted on the website www.eurovision.tvr.ro, with a link to the official website of EUROVISION SONG CONTEST 2023 (www.eurovision.tv).

7.8. The Organizer reserves the right to make changes to this Regulation, in which case all the participants will be informed in due time.

7.9. By entering the SNESC 2023, all participants declare that they have read, understood and agreed to the terms and conditions in the present Rules.

 

 

 

Annex no 1

AFFIDAVIT

 

 

The undersigned  ……………………………………………………,  domiciled in  ……………………….…. (city),  ………… (number), ………………………….Street, building ……….., entrance ………., ……… floor, apartment ……….., district………../……………………… County, holder of Identity Card series ……….., number ……..……, issued by …………………….………………., on ……………..………

 

 

The undersigned  ……………………………………………………,  domiciled in  ……………………….…. (city),  ………… (number), ………………………….Street, building ……….., entrance ………., ……… floor, apartment ……….., district………../……………………… County, holder of Identity Card series ……….., number ……..……, issued by …………………….………………., on ……………..………

 

 

The undersigned  ……………………………………………………,  domiciled in  ……………………….…. (city),  ………… (number), ………………………….Street, building ……….., entrance ………., ……… floor, apartment ……….., district………../……………………… County, holder of Identity Card series ……….., number ……..……, issued by …………………….………………., on ……………..………

 

 

The undersigned  ……………………………………………………,  domiciled in  ……………………….…. (city),  ………… (number), ………………………….Street, building ……….., entrance ………., ……… floor, apartment ……….., district………../……………………… County, holder of Identity Card series ……….., number ……..……, issued by …………………….………………., on ……………..………

 

 

The undersigned  ……………………………………………………,  domiciled in  ……………………….…. (city),  ………… (number), ………………………….Street, building ……….., entrance ………., ……… floor, apartment ……….., district………../……………………… County, holder of Identity Card series ……….., number ……..……, issued by …………………….………………., on ……………..………,

 

The undersigned  ……………………………………………………,  domiciled in  ……………………….…. (city),  ………… (number), ………………………….Street, building ……….., entrance ………., ……… floor, apartment ……….., district………../……………………… County, holder of Identity Card series ……….., number ……..……, issued by …………………….………………., on ……………..………,

 

acting as AUTHOR  of the song entitled…………….……….…………………………., which I deliver to SRTv by email in order to participate in the national preselection and selection for Eurovision Song Contest 2023, on my sole responsibility hereby declare the following:

 

a. - the song entitled ..................................................... is an original creation of the undersigned, including music, lyrics and soundtrack (master), which is less than 3 minutes long and I deliver it by e-mail (WAV format);

 

b. - the song entitled ............................................................ has so far not been, either totally or partially, edited on any audio or video support or played on any radio or

television station, whether public or private, national or local, or made available to the public in any public performance (including concerts) in Romania or abroad, whether or not officially recorded on any magnetic or digital support or in any other form of public communication, and it has not been commercially launched and/or performed (either in whole or in part) before the 1st of September 2022,

 

c. - the song entitled ...................................................... shall not affect the rights held by third parties and all the material rights over this song solely belong to the undersigned and they have not been subject to any assignment/purchase/sale.

 

 

Based on the above, I undertake to be, in accordance with the applicable legal provisions, held liable for any claim in connection with the participation of the song in the Eurovision Song Contest 2023, for the rights granted to SRTv or for any material or non-material damage caused to SRTv and/or to any other third party, whether individual or legal entity, through the unreality of these statements (and also to fully and promptly pay any compensation equal to the monetary value of any proven damage claimed by any third party that may have suffered losses).

 

 

 

SIGNATURE,

 

 

Annex no. 2

AGREEMENT

 

 

Between1:

 

Mr./Ms. ......................................., domiciled in …………..…….,  ……....…………. ………Street, No. .……, building. ………., entrance. ………, . ........ floor, apt. ….., ,district …./ …………      county, holder of Identity Card series ….. no. ……………, issued by …………………………, on ..................., acting as AUTHOR of the song entitled …………….……….....................................….., which I have sent to SRTv by e-mail to participate in the Preselection and the National Selection of Eurovision 2023, hereinafter referred to as the AUTHOR,

 

 

 

Mr./Ms. ......................................., domiciled in …………..…….,  ……....…………. ………Street, No. .……, building. ………., entrance. ………, . ........ floor, apt. ….., ,district …./ …………      county, holder of Identity Card series ….. no. ……………, issued by …………………………, on ..................., acting as AUTHOR of the song entitled …………….……….....................................….., which I have sent to SRTv by e-mail to participate in the National Preselection and Selection for Eurovision 2023, hereinafter referred to as the AUTHOR,

 

 

 

Mr./Ms. ......................................., domiciled in …………..…….,  ……....…………. ………Street, No. .……, building. ………., entrance. ………, . ........ floor, apt. ….., ,district …./ …………      county, holder of Identity Card series ….. no. ……………, issued by …………………………, on ..................., acting as AUTHOR of the song entitled …………….……….....................................….., which I have sent to SRTv by e-mail to participate in the National Preselection and Selection for Eurovision 2023, hereinafter referred to as the AUTHOR,

 

Mr./Ms. ......................................., domiciled in …………..…….,  ……....…………. ………Street, No. .……, building. ………., entrance. ………, . ........ floor, apt. ….., ,district …./ …………      county, holder of Identity Card series ….. no. ……………, issued by …………………………, on ..................., acting as AUTHOR of the song entitled …………….……….....................................….., which I have sent to SRTv by e-mail to participate in the National Preselection and Selection for Eurovision 2023, hereinafter referred to as the AUTHOR,

 

 

 

Mr./Ms. ......................................., domiciled in …………..…….,  ……....…………. ………Street, No. .……, building. ………., entrance. ………, . ........ floor, apt. ….., ,district …./ …………      county, holder of Identity Card series ….. no. ……………, issued by …………………………, on ..................., acting as AUTHOR of the song entitled …………….……….....................................….., which I have sent to SRTv by e-mail to participate in the National Preselection and Selection for Eurovision 2023, hereinafter referred to as the AUTHOR,

 

 

 

Mr./Ms. ......................................., domiciled in …………..…….,  ……....…………. ………Street, No. .……, building. ………., entrance. ………, . ........ floor, apt. ….., ,district …./ …………      county, holder of Identity Card series ….. no. ……………, issued by …………………………, on ..................., acting as AUTHOR of the song entitled …………….……….....................................….., which I have sent to SRTv by e-mail to participate in the National Preselection and Selection for Eurovision 2023, hereinafter referred to as the AUTHOR,

 

 

 

 

 

 

and

 

 

 

Mr./Ms. ......................................., domiciled in …………..…….,  ……....…………. ………Street, No. .……, building. ………., entrance. ………, . ........ floor, apt. ….., ,district …./ …………      county, holder of Identity Card series ….. no. ……………, issued by …………………………, on ...................,

as PERFORMER of the song entitled …………….……….....................................….., which the AUTHOR has sent to SRTv nominating the PERFORMER to participate in the National Preselection and Selection for Eurovision 2023, hereinafter referred to as the PERFORMER

 

Mr./Ms. ......................................., domiciled in …………..…….,  ……....…………. ………Street, No. .……, building. ………., entrance. ………, . ........ floor, apt. ….., ,district …./ …………      county, holder of Identity Card series ….. no. ……………, issued by ………………………, on ..................., as PERFORMER of the song entitled …………….……….....................................….., which the AUTHOR has sent to SRTv nominating the PERFORMER to participate in the National Preselection and Selection for Eurovision 2023, hereinafter referred to as the PERFORMER

 

Mr./Ms. ......................................., domiciled in …………..…….,  ……....…………. ………Street, No. .……, building. ………., entrance. ………, . ........ floor, apt. ….., ,district …./ …………      county, holder of Identity Card series ….. no. ……………, issued by ………………………, on ..................., as PERFORMER of the song entitled …………….……….....................................….., which the AUTHOR has sent to SRTv nominating the PERFORMER to participate in the National Preselection and Selection for Eurovision 2023, hereinafter referred to as the PERFORMER

 

 

Mr./Ms. ......................................., domiciled in …………..…….,  ……....…………. ………Street, No. .……, building. ………., entrance. ………, . ........ floor, apt. ….., ,district …./ …………      county, holder of Identity Card series ….. no. ……………, issued by ………………………, on ..................., as PERFORMER of the song entitled …………….……….....................................….., which the AUTHOR has sent to SRTv nominating the PERFORMER to participate in the National Preselection and Selection for Eurovision 2023, hereinafter referred to as the PERFORMER

 

 

Mr./Ms. ......................................., domiciled in …………..…….,  ……....…………. ………Street, No. .……, building. ………., entrance. ………, . ........ floor, apt. ….., ,district …./ …………      county, holder of Identity Card series ….. no. ……………, issued by ………………………, on ..................., as PERFORMER of the song entitled …………….……….....................................….., which the AUTHOR has sent to SRTv nominating the PERFORMER to participate in the National Preselection and Selection for Eurovision 2023, hereinafter referred to as the PERFORMER

 

 

Mr./Ms. ......................................., domiciled in …………..…….,  ……....…………. ………Street, No. .……, building. ………., entrance. ………, . ........ floor, apt. ….., ,district …./ …………      county, holder of Identity Card series ….. no. ……………, issued by ………………………, on ..................., as PERFORMER of the song entitled …………….……….....................................….., which the AUTHOR has sent to SRTv nominating the PERFORMER to participate in the National Preselection and Selection for Eurovision 2023, hereinafter referred to as the PERFORMER

 

 

 

 

 

 

1 to be filled in by all the authors and performers.

 

 

Taking into consideration that the author, based on the former PERFORMER’s agreement, Mr/Mrs…………………to perform the song entitled …….. in the National Preselection and Selection for Eurovision 2023, and also in the semifinale and finale of Eurovision 2023 in United Kingdom, in the period May 9th, 11th, 13th, 2023, in case of winning the National Selection,

 

Whereas the AUTHOR has sent to  SRTv  the song entitled………………………………........., by e-mail in order to enter the National Preselection and Selection for Eurovision 2023, events organized by SRTv, nominating Mr./Ms……………………………………….. as PERFORMER,

 

The Parties have agreed upon the following:

 

  1. – The AUTHOR confirms the nomination of Mr./Ms……………………………………… as PERFORMER of the song entitled………………………………………….., who understands to participate in the National Preselection and Selection for Eurovision 2023, organized by SRTv, and also, in case of winning the National Selection, to participate in the semifinal and the final of Eurovision 2023 which is to take place in United Kingdom on the 9th, 11th and 13th of May, 2023. The melodic line and the orchestration of the song can only be changed with the consent or upon the request of SRTv.

 

  1. –The PERFORMER consents and firmly undertakes towards both the AUTHOR and SRTv to perform the song entitled ..................................................., composed by the AUTHOR, in the National Preselection and Selection for Eurovision 2023, organized by SRTv, and, in case of winning the National Selection, to also perform the song in the semifinal and the final of Eurovision 2023 which is to take place in United Kingdom on the 9th, 11th and 13th of May, 2023.

 

  1. – The PERFORMER has been informed about the conditions in which the National Preselection and Selection will be carried out, according to the provisions of the Regulation, and he/she undertakes to fully comply with those provisions.

 

  1. – Both the AUTHOR and the PERFORMER undertake towards SRTv with regard to the performance of the song entitled .................................................. in the National Preselection and Selection for Eurovision 2023 and, in case of winning the National Selection, with regard to the performance of the song in the semifinal and the final of Eurovision 2023 which is to take place in United Kingdom on the 9th, 11th and 13th of May, 2023 and, according to the Rules, they undertake to enter the contest with the song composed by the AUTHOR and performed by the PERFORMER.

 

  1. – By signing this Agreement, both the AUTHOR and the PERFORMER agree that each of them is directly liable to SRTv for his/her own obligations.

 

  1. – If the AUTHOR withdraws the song entitled……………………………………. from the National Selection for Eurovision 2023, from the semifinal or the final of Eurovision 2023 which is to take place in United Kingdom on the 9th, 11th and 13th of May, 2023, for any reasons except in circumstances of force majeure, he/she binds to promptly pay SRTv an indemnification of 100,000 euro, without any further formalities, with no need for a notice of default or a court intervention. If the song qualifies for the international contest and is withdrawn before 13 May 2023, the AUTHOR undertakes to also bear all the costs of promotional materials, recording, radio broadcasts, distribution and promotion of the song.

 

  1. – If the PERFORMER refuses to perform the song entitled....................................................................... in the National Selection for Eurovision 2023, in the semifinal or the final of Eurovision 2023 which is to take place in United Kingdom on the 9th, 11th and 13th of May, 2023, he/she binds to promptly pay SRTv an indemnification of 100,000 euro, without any further formalities, with no need for a notice of default or a court intervention. In case of force majeure, the PERFORMER will be changed with the consent of SRTv, without payment of damages.

 

  1. – If the PERFORMER, in case he/she is the winner of the National Selection Eurovision 2023, fails to be present at the time when the award is announced and handed at the place of broadcast, he/she binds to promptly pay SRTv an indemnification of 100,000 euro, without any further formalities. This is a penalty clause. In case of force majeure, the PERFORMER may be replaced with the agreement of SRTv, no damages being claimed.

 

 

 

 

AUTHOR,                                                                                   PERFORMER,

___________________                                                             __________________________

 

 

 

 

 

 

 

Annex no 3

SONG TITLE

TIME

ISRC

 

 

 

ARTISTS (SOLOIST / INSTRUMENTAL ARTIST / VOCAL BACKING)

1……………………………………………………………………………….ID/PASSPORT…………..series…..no……… as…………………………………………………………………………….

Signature

2……………………………………………………………………………….ID/PASSPORT………….series…..no……… as……….......................................................................

Signature

3……………………………………………………………………………….ID/PASSPORT………….series…..no……… as……….......................................................................

Signature

4……………………………………………………………………………….ID/PASSPORT………….series…..no……… as……….......................................................................

Signature

5……………………………………………………………………………….ID/PASSPORT………….series…..no……… as……….......................................................................

Signature

6……………………………………………………………………………….ID/PASSPORT………….series…..no……… as……….......................................................................

Signature

 

AUTHORS (COMPOSER / ARRANGEMENT / ORCHESTRATOR / LYRICIST)

1……………………………………………………………………………….ID/PASSPORT………….series…..no………as……….......................................................................

Signature

2……………………………………………………………………………….ID/PASSPORT………….series…..no……… as……….......................................................................

Signature

3……………………………………………………………………………….ID/PASSPORT………….series…..no……… as……….......................................................................

Signature

4……………………………………………………………………………….ID/PASSPORT………….series…..no……… as……….......................................................................

Signature

PUBLISHER  (EDITOR)

………………………………………fiscalcode………..legally represented by…………………….. ………………………………………….as………..................................................

Signature

PRODUCER

………………………………………fiscalcode………..legally represented by…………………….. ………………………………………….as………..................................................

Signature

 

Notes 1. The quality is mentioned, in relation to the specific options: soloist, instrumentalist, composer, lyricist, arranger

The undersigned, holders of copyright and ancillary rights to the above-mentioned song, entered in the pre-selection and National Selection for participation in the Eurovision 2023 Competition, as well as in case of winning the National Selection, in the Eurovision 2023 final in Liverpool, United Kingdom, between 9-13 May 2023,

  1. We guarantee the following:
  • the song entered in the Eurovision Song Contest 2023 (lyrics / music) is original and does not affect the rights held by third parties;
  • we own all the rights granted and we are responsible for any third parties claim in connection with the rights granted to SRTV;
  • the song has not been released on any audio or video medium for distribution, has not been broadcast on any radio, television (public or private, national or local) channel, or the Internet, or has been made public in any way (including concerts), in full or sequentially, before September 1, 2022;
  • the text of the song does not discredit the Eurovision 2023 contest and has no obscene, discriminatory, political or advertising content.
  1. We assign the copyright and / or related rights regarding the song, the performances and the recordings made on the occasion of participating in the pre-selection, the National Selection for the participation in the Eurovision 2023 Contest, as well as in case of winning the National Selection, in the Eurovision 2023 final in Liverpool, Great Britain with the condition of collecting the remunerations from the collective management organizations. Copyright and related rights holders retain the unrestricted right to conclude any contracts for the use of the song in other recordings, which they may exploit provided they comply with the EBU Regulation, the Eurovision 2023 National Selection and the contract with SRTV.

The assignment of the patrimonial copyrights and related rights has an exclusive character for the Romanian territory, for the use of the registration of the song and of the artistic performances within the contest.

The assigned rights are transferable to EBU or its partner for the exploitation of the contest entries through any offline or online channel.

Rights granted:

a)      Right of fixation - the right to record the song, its interpretation (audio and visual) within the performances (from the pre-selection, the national selection and the Eurovision Song Contest), including at each rehearsal / general rehearsal;

b)      Reproduction - reproduction of the song, fixed performances or recordings (master) on any type of support, including lyrics or translations thereof (for example, in brochures that are made available to the public, at the venue of the show or accompanying CD/DVD commercial media, for subtitling or dubbing, for Karaoke with or without audio support);

c)      Distribution, rental and / or lending - of the song, fixed performances or audiovisual recordings (including Karaoke versions) of performances, individually or as part of compilations on CDs, DVDs (or similar media) of the Eurovision contest and other digital media products in their entirety or separately under the official trademark of the competition (EBU) or under the trademark of SRTV or their official partners;

d)     Broadcasting - the right to broadcast the song, its performance (audio and audiovisual) live in shows (pre-selection, National Selection and Eurovision Song Contest), including each rehearsal /general rehearsal or otherwise recorded, as appropriate, for a unlimited number of broadcasts, for simultaneous repetition by the public, in private and public places, by any technical means (terrestrial, satellite, wired, cable, antenna, fiber, high speed internet, webcasting, simulcasting, video streaming, download ringtone or any other possible use, including simultaneous and unaltered retransmission (cable retransmission), regardless of technical standards (analog, digital or HD), for reception and playback on any type of device (TV, giant screens, wall projections, computer monitors, mobile mini-receivers, mobile phones) regardless of where it is located (including in public spaces, cinemas, theaters) and regardless of the method of financing the service (free or paid);

e)      Public communication - public communication of the Show and recordings (including rehearsal), in whole or in part, as well as preview videos and any excerpts from the National Selection, live or recorded, in any public places (such as cinemas, theaters, performance halls or exhibitions / public places), regardless of whether the access is free or against an entrance fee, an unlimited number of times;

f)       Making available to the public (including video preview rights) - the right to make available in another way (use on request) or to incorporate in any audiovisual work a video recording in which the Contestant performs the song selected for Eurovision 2023 (promotional video), in whole or in part, in the offline environment and / or via the Internet or wireless technology (including mobile phones or any portable handset) and / or through official ESC platforms. These preview videos can also be included in the official DVD compilation and / or offered as digital versions. For the use of the recordings of the work on YouTube, SRTV has the right to monetize.

g)      Production of derivative works - adaptation (by incorporating in whole or in part in any video, show or any audiovisual production, promo, etc.), translation (for example, in brochures that are made available to the public at the venue of the show or which accompany the CD / DVD cover media, translations for subtitling or dubbing, brochures for publication on the Internet, on the official ESC platforms and in the ESC application, including in connection with sales of digital versions) or compilations.

h)      Audiovisual adaptation rights - the incorporation of an audio or video recording of the broadcast of the selected song, as part of the performances or as part of the general rehearsals, as well as of any fragment of the broadcasted song. Displays in whole or in part in any other media services or ESC products provided by participating broadcasters and / or EBU on behalf of its members (including on media services, social media platforms and through official ESC platforms), as well as in any audiovisual work or other services media provided by third parties.

  1. III. We respect and acknowledge:

a)      SRTV quality as organizer and producer of the National Selection in any public appearance and in any reference to the Eurovision 2023 contest. Thus, we mention the names of SRTV and co-organizers (if applicable) as Organizer, whenever we make public reference Eurovision 2023 competition;

b)      the concept of the show established by SRTV for the winning song, during the final stage in United Kingdom, as well as the video of the winning song (scenography, costumes, direction, etc.);

c)      the rehearsals schedule and filming / live broadcasts brought to the attention by SRTV and we do not perform any actions that would affect this program;

In this sense, the authors, performers, producers:

-          are available for the promotion of the Eurovision 2023 program (pre-selection and National Selection and the final stage in United Kingdom), according to the SRTV strategy (promo videos, press interviews, photo sessions, press conferences, etc.);

-          have a civilized conduct and do not make biased or negative references to the contest or the organizer throughout the Eurovision 2023 contest - from the pre-selection phase until 6 months after the end of the final in United Kingdom;

-          offers the right to interviews / photo sessions, etc. for the Organizers, at their request;

-          announces in advance the Organizers about all the PR activities they want to carry out in addition to the promotional package made by the Organizers (proposal of interviews / photo sessions, invitations to TV / radio shows, etc.);

  1. IV. We undertake:

a)      not to conclude any contract with third parties or institutions for the promotion of the song and not to promote the song in shows, radio or TV, for any of the stages of the National Selection Eurovision 2023 nor for the international stage Eurovision 2023 in United Kingdom, without the written agreement of SRTV;

b)      not to use the Eurovision, SRTV branding, and any other branding associated with the project except with the express and prior consent of the Organizer;

c)      to have a civilized conduct and not to make tendentious or negative references to the contest, organizer or their representatives throughout the Eurovision 2023 contest - from the pre-selection phase until 6 months after the end of the final in United Kingdom;

d)     to offer the right to interviews / photo sessions, etc. for the Organizers, at their request;

 

  1. Artists undertake to attend press conferences organized by SRTv and EBU. The winning artist(s) are obliged to attend the official press conference after the national and international finals, to authorize the use of any recording on any media channel (including the Internet) without time and territory limitations.

 

  1. VI. Promotional materials

Authors and performers authorize the rights to use, reproduce or publish their name, voice, photographs, images and biographies, for the promotion, broadcasting and / or commercial exploitation of Eurovision shows, by all means and in all media, whether known or not, or the subsequent ones, for an unlimited period of time.

This also involves the use of photographs and any audio-video material of the artists and other rights holders, made at rehearsals, behind the scenes and / or during press conferences, the red carpet ceremony or any other ESC event for the purpose of:

  • ESC voting application,
  • for CD / DVD compilations,
  • on the official websites eurovision.tvr.ro and eurovision.tv
  • other ESC media products

 

In the event that SRTV decides to make media products on commercial support (CD / DVD, etc.) or digital products with the songs participating in the Eurovision Song Contest, it will pay the rights holder’s remuneration as follows: the remuneration provided in the methodologies in force. In the absence of methodologies, the remuneration is paid from the amounts collected by SRTV as follows: 10% for authors, 10% for performers and 10% for the producer (if any).

  1. VII. Lyrics

The author of the song, composer and / or the producer accepts that the lyrics of the song:

a)      be translated into English, French, in any language of the participating broadcasters or any another foreign language, to be made available, free of charge, for information and promotional use by the EBU, the host broadcaster and the participating broadcasters or other licensees ( for commentary purposes and possibly for subtitling or dubbing, including for the hearing impaired);

b)      to be reproduced and incorporated in an information sheet provided at the venue of the show and / or the brochure that accompanies any CD-DVD compilation or that is published on the official ESC platforms, in the ESC application, including in connection with sales of digital versions;

c)      to be used with or without the audio version of the song, by any person who participates with the song in contests, using the karaoke version of the audio recording of the song as backing track.

We have taken note of the Eurovision National Selection Regulation 2023, we agree with it and we undertake to be responsible for our own obligations, directly to SRTv.

Violation of any of the above obligations entitles the Organizers (SRTV and any co-organizers) to obtain from the undersigned damages for the material and / or image damage created to the Organizers (SRTV and any co-organizers) or to a third party of whom the Organizers (SRTV and possible co-organizers) would be obliged by the final court sentence to pay damages as a result of such a violation.

We also undertake to seek the consent of the Romanian Television Society for any use of the song accompanied by visual elements of the Eurovision Song Contest 2023 or of the Romanian Television Society.

Collecting and processing personal data is done exclusively for the purpose of organizing and conducting SNESC 2023.