in accordance with § 2358 and following of the Act No. 89/2012 Coll., Civil Code.
(hereinafter the “T&Cs”)
“Licensee” for the purpose these T&Csmeans Občanskésdruženípro podporu animovaného filmu, with its registered seat at Praha 10 - Vinohrady, Hradešínská 1542/6, PSČ 10100, ID No.: 22813861.
“Licensor” for the purpose these T&Csmeans you– i.e. the subject which submitted the AW to ANIFILM based on the appropriate on-line entry form and who by checking the particular box in this entry form also agreed with using AW for the subsequent “Echoes of ANIFILM” festival.
“AW” for the purpose these T&Csmeans the audiovisual work which you submitted to ANIFILM based on the appropriate on-line entry form and which you also agreed to be used for the subsequent “Echoes of ANIFILM” festival by checking the particular box in this entry form.
“ANIFILM” for the purpose these T&Csmeans international film festival organized in the Czech Republic and specialized on animated movies.
“Echoes of ANIFILM” for the purpose these T&Csmeans festival following the ANIFILM which presents the selection of movies that were screened at ANIFILM.
1. The Licensor hereby warrants and guarantees that:
a) he(it) is the sole holder of the producer’s rights to the audio-visual recording of the AW (hereinafter as the „Recording“) or that he(it) is authorised to grant a licence to the use of the Recording on behalf all such right holders as he is doing hereby;
b) he(it) is authorised to use the AW itself and all works of art (hereinafter as “Works”) and artistic performances (hereinafter as “Performances”) incorporated therein as a result of (i) having been authorised by means of a licence agreement by the right holders to AW, Works and Performances or (ii) being the right holder himself (itself) or (iii) being the authorised representative of all such right holders to grant licence according to these T&Cs;
c) he(it) is authorised to use all in AW portrayed people’s likenesses, names and others aspects of privacy as used in the AW and other in AW incorporated or used subjects of intellectual property rights;
d) he(it) is authorised to grant licence according to these T&Cs, i.e. he(it) owns the rights he(it) is hereby granting to the Licensee and none of previous agreements prevents him(it) from doing so.
2. The Licensor hereby grants to the Licensee a non-exclusive (sub)licence and authorisation to use the AW, its Recording and all therein contained Works, Artistic Performances and protected subject matter specified in par. 1 letter c) above in the following extent:
a) by communicating the AW to the public in accordance with § 20 par 1 of the Copyright Act, i.e. playing AW from the recording within Echoes of ANIFILM; these T&Cs allow the Licensee to use AW in this was only non-commercially, i.e. Licensee (or any other third party deriving its entitlement from the Licensee) is not allowed to charge any fees in connection with such use, with exception of fees intended purely to cover necessary costs connected with using the AW, including technical, administrative and technical costs;
b) by copying the AW for the purpose of letter a) above including its conversion into particular formats / DCP;
c) to use parts of the AW, photographs from the AW (stills), summary as specified in par. 4 and trailers (if they shall be delivered by the Licensor to the Licensee), without limitation of the manner of the use, for the purpose of advertising and/or offering the AW by means defined in letter a) above;
d) with territorial limitation to the Czech Republic;
e) for the period of 1 year since AW was screened at ANIFILM;
f) without limitation of number of uses;
g) with the authorisation to provide subtitles in any language to the AW;
h) with the right of the Licensee to link the AW and subsequently use the AW in connection with other third-party audiovisual works (i.e. in the so-called film programme / compilation; hereinafter the “Programme”), fully in accordance with decision and selection of the Licensee;
i) with the right to grant sublicenses to third parties (cinema operators etc.) to use AW under the conditions specified above.
3. The licence within these T&Cs is granted free of charge, i.e. Licensor is not entitled to get any remuneration for granting this licence.
4. The Licensor also grants to the Licensee a non-exclusive unlimited licence to use items that the Licensor delivered to the Licensee in connection with submitting AW to ANIFILM – such as technical information related to the AW, summary of the AW, AW stills, list of subtitles, or dialogues and subtitles to the AW in English –by all known means of use for the purposes related to the AW and he shall have all these rights settled for this purposes.
5. The Licensee is authorized, but not obliged to use the AW.
These T&Cs are governed by the laws of Czech Republic and should there arise any court case related hereto the Parties have agreed upon the jurisdiction of the general court of the Licensee.