When an Application to the Giga-Hertz Award is submitted, participant grants to ZKM/SWR the rights to use the submitted works and documents (biography, portrait photo, description of the work, project proposal) for the purposes of selection by the jury and for the presentation of the award-winning works as well as those realized within the framework of the Giga-Hertz production prize/grant (»fellowship program«). The Granting of Rights shall only apply to the extent that the rights of use have not already been transferred to third parties, in particular collecting societes (e.g. GEMA). The general regulations of the ARD broadcasting corporations relating to exchange of programs shall apply.
Participant grants to ZKM/SWR a non-exclusive, indefinite and world-wide, transferable and irrevocable right to use the submitted and/or realized works and documents to the following extent:
ZKM/SWR shall have the right to publicly perform and present the works submitted and/or realized in all of its functions (e.g., audio, visual, and film elements) and to make them publicly visible outside the event location by means of screens, loudspeakers or similar technical facilities. The works realized within the framework of the Giga-Hertz production grant will initially made public as part of the Giga-Hertz-Award ceremonies.
ZKM/SWR shall have the right to audio record, photograph, videotape and/or film the rehearsals, set-ups and performances (»recordings«).
ZKM/SWR shall have the right to communicate the submitted and/or realized works, documents and recordings (the »content«) on any type of storage media and in electronic networks, in particular,
for the purpose of information, promotion of Giga-Hertz-Award or advertising for ZKM/SWR, documentation, science, education, etc. and other non-commercial purposes. Participant shall not claim any fees for non-commercial purposes and for audio and visual recording communicated to the public up to a length of three minutes respectively photographs. the right to store and archive the content on any storage media and in electronic documentation systems and the right to make them available for viewing at terminal workplaces (e.g., at the ZKM Media Library) and/or on the Intranet (VPN – Virtual Private Network);
the right to reproduce and distribute the content without limitation of the number of copies in German, English or in any other language and related therewith the right to make videograms and to reproduce and distribute them on any digital or interactive system or in databases (e.g. CD-ROM, CD-I, eBook and other forms of electronic publishing);
the right to make publicly available and broadcast the content via the internet, in social media, through radio and television services.
ZKM/SWR are also permitted to transfer the rights granted to third parties, in particular within the ARD broadcasting group.
Participant represents that he/she has the exclusive right to dispose of the rights to use set forth in the Granting of Rights and that he/she has not made any conflicting arrangements with regard to the rights granted. Participant represents that the submitted and/or realized works and documents are free from third party property rights and that there are no other rights that might exclude or interfere with the contractual use by ZKM/SWR. Upon request, participant shall inform ZKM of such rights and provide evidence to support the freedom from third-party rights. Participant shall indemnify and hold ZKM/SWR harmless from and against any third-party claims (including the costs for a reasonable legal defence).
Participant agrees that his/her name will be announced in case he/she receives the Giga-Hertz-Award.
In connection with performances, presentations and/or publications of the works realized within the Giga-Hertz fellowship program, the award winners shall always indicate in a clearly manner that they have been produced in the premises and studios of ZKM | Hertz-Lab and/or SWR EXPERIMENTALSTUDIO.
I confirm the Granting of Rights