|XVI Exploitation of the Commercial Rights|
For the purposes of these regulations, the following terms shall have the following meanings: a)"Commercials affiliates" means the official sponsors and other commercial affiliates appointed by UEFA in relation to the competition or any phase thereof.
b)"Commercial Rights" means any and all commercial rights and opportunities on a worldwide basis in and in relation to the final tournament and/or the qualifying competition (as applicable) including, without limitation, the relevant media rights, marketing rights and data rights, as defined hereafter.
c) "Media rights" means the right to create, distribute and transmit on a linear and/or on demand basis for reception at any time anywhere in the world by any and all means and in any and all media, whether now known or devised in the future (including, without limitation, all forms of television, radio, wireless and Internet distribution), audiovisual, visual and/or audio coverage of all relevant aspects of the competition and all associated and/or related rights, including fixed media and interactive rights.
d)"Marketing rights" means the right to exploit by any and all means and in any and all media whether now known or devised in the future any types of advertising, promotion (including, without limitation, electronic and virtual promotion and ticket promotions), endorsement, public relations, marketing, merchandising, licensing, franchising, sponsorship, hospitality, concessions, travel and tourism, publishing, betting, gaming, retailing, music, and all other commercial association rights and opportunities in relation to the final tournament and/or the qualifying competition (as applicable) that are not media rights or data rights.
e) "Data rights" means the right to compile and exploit statistics and other data in relation to the final tournament and/or the qualifying competition (as applicable).
f) "Association imagery" means, in relation to any participating association, that association’s (and its team’s) name, nickname, symbols, emblems, logos, marks, designations, shirts and other kit colours and designs (with or without any references to the shirt manufacturers).
g)"UEFA Host Broadcaster (hereinafter UEFA HB)" means UEFA’s media production team, responsible among other things for the multilateral production by UEFA of television and media promotion and coverage of the competition and, in particular, of the final tournament. For the purposes of these regulations, references to "international media", "media representatives" and other similar references include UEFA HB within their meaning.
The host association of any match of the qualifying competition is entitled to exploit the commercial rights in relation to such a match. In doing so, a host association must observe the stipulations of Article 48 of the UEFA Statutes, as well as the regulations governing the implementation of that article and any other instructions or guidelines issued by UEFA from time to time.
In relation to each match in the qualifying competition the relevant host association grants UEFA the rights set out in Annexe V.
Notwithstanding Article 28.02, UEFA owns and has the sole right, to the exclusion of the participating associations and any other party, to exploit the marketing rights to the qualifying competition generally or as a collective whole, including, by way of example, the right to nominate sponsors in relation to the qualifying competition or the competition (including qualifying competition) as collective wholes. No participating association may participate in or allow any third party to use any rights granted by the participating association in any aggregation of marketing rights in any way that would permit a third party to create an association with the qualifying competition, the competition or the final tournament generally or as collective wholes. As a result, any grant by a participating association of marketing rights relating to the qualifying competition must be conditional upon the grantee and other third parties not exploiting the relevant rights in such a manner. By way of example, no participating association may create, or permit a third party to use rights granted by it to create, a website that is promoted as an official or dedicated website of the qualifying competition as a whole.
All associations participating in the qualifying competition must take all legal and other measures that UEFA, in its sole discretion, deems appropriate to prohibit, prevent and stop any unauthorised exploitation of the commercial rights to the qualifying competition and to protect such rights.
The commercial rights to any match of the qualifying competition may not be sold unless the sale is documented in a written agreement that provides for the payment of an appropriate fee to the host association. Any such fee forms part of the match receipts and remains with the host association.
All agreements relating to the exploitation of commercial rights to any match of the qualifying competition must be presented to the UEFA administration upon request. The withholding of any such agreement and/or the avoidance of the payment of levies as provided for in these regulations – if such levies are provided for – will be referred to the Control and Disciplinary Body and may result in disciplinary sanctions.
All agreements relating to the exploitation of commercial rights to any match of the qualifying competition must include (as an integral part thereof), and be subject to, Article 48 of the UEFA Statutes and the regulations governing its implementation. Furthermore, any such agreement must stipulate that if any amendment is made to such article and/or regulations, then the agreement must be amended as necessary to conform with the relevant amendment within 30 days of the new regulations coming into force.
The host association of each match in the qualifying competition must ensure that it, or any third party to whom it may have granted relevant media rights, grants UEFA the right to record, use and transmit footage of each such match for the purposes of promotion of the competition through UEFA’s official media platforms/channels, other productions of UEFA HB and for the purposes of its archives and multimedia databases. This right is subject to the following limitations: a) no more than ten minutes of footage from any one match may be used in programming, such ten minutes applying on a per programme basis; and
b)footage may only be transmitted or made available from midnight CET on the day of the relevant match to which the footage relates.
UEFA will make any recordings of relevant matches available to the relevant host association upon request. This licence is granted to UEFA free of charge on a non-exclusive, perpetualworldwide basis for use in any media now existing or hereafter devised with theright to authorise others to use such footage in connection with these purposes.
For the above purposes, the host association for each match must ensure that UEFA is granted access free of charge to the entire broadcast signal for the relevant match. Unless otherwise notified by UEFA as set out below, each host association must ensure that tapes (HDCAM format for high-definition signals, Digibeta for standard-definition signals) of the broadcast signal feed are dispatched by express courier to UEFA within 12 hours of the end of the match. Notwithstanding the foregoing, if UEFA notifies the relevant host association no later than 48 hours before a match that it wishes to access the match feed directly by satellite, the host association must ensure that the relevant satellite access codes and information is received by UEFA no later than 24 hours before kick-off of such match. UEFA is entitled to downlink such satellite signal and to record the same for the purposes set out above. In the event that the signal is interrupted or UEFA, for whatever reason, is unable to record the entirety of the match feed, the host association must, upon request by UEFA, ensure that tapes (HDCAM format for high-definition signals, Digibeta for standard-definition signals) of the relevant feed are delivered to UEFA within 72 hours of the end of the match.
In order to enhance the promotion of the competition, the host association of each match in the qualifying competition must ensure that UEFA is granted access and accreditation for UEFA HB to access the match for filming purposes (use of match footage being subject to paragraph 28.09) free of charge.
For the purposes of live data gathering and official data validation, the host association of each match in the qualifying competition must also ensure that UEFA is granted free of charge access and accreditation for one UEFA venue data coordinator and two UEFA editorial personnel to the press box, together with working space and facilities (including desk, seating and dedicated broadband internet access). The UEFA venue data coordinator must also be provided with accreditation and access to the referee before and after the match in order to enable UEFA’s live data gathering and official data validation programme to operate.
Participating associations may not use or authorise any third party to use any of the registered or unregistered UEFA European Football Championship trademarks or any graphic material or artistic forms developed in connection with the competition in programmes, promotions, publications or advertising or otherwise without the prior written consent of UEFA and may not develop, use, register, adopt or create any mark, logo, or symbol which refers to the qualifying competition, the competition or the final tournament or which is, in UEFA’s reasonable opinion, confusingly similar to, is a colourable imitation of, is a derivation of, or which unfairly competes with such trademarks, materials or forms.
Each participating association must correctly identify the qualifying competition in its official publications, promotional materials and on tickets, using the term UEFA EURO 2012 Qualifiers or any other term as defined and communicated by UEFA.
UEFA owns and has the sole right, to the exclusion of the participating associations and any other party, to exploit all of the commercial rights to the final tournament including, without limitation, those arising at, and relating to, the official training ground of each participating association. UEFA may exercise its right to exploit these commercial rights at its sole discretion and on a universal basis.
UEFA is exclusively entitled to undertake the multilateral production of television and media coverage for the final tournament, including all matches and other official events, in particular in order to promote the competition and the participation of the relevant associations. In order to fulfil this role, UEFA HB will film and produce a wide range of materials for UEFA’s own use and also for the production of material for distribution on a worldwide basis to the official broadcast partners and other UEFA-appointed media outlets for the overall benefit, coverage and promotion of the competition and, in particular, the final tournament. Each association participating in the competition (both the qualifying and final competition), including their teams and officials (in particular their press officers), are required to cooperate to the fullest extent possible to facilitate the operations of UEFA HB, including in respect of access to and the obtaining of consents from players, coaches and other team officials for the purposes of interviews, in order to best promote the competition as a whole. All access and clearances afforded to UEFA HB must be no less favourable than those granted to any other media organisation, including ones to whom specific media rights have been granted by any association.
The commercial rights arising at, and relating to, the official training ground of each participating association commence five days before the first match of the final tournament and terminate upon the conclusion of the final tournament.
All associations participating in the final tournament must provide all necessary assistance and cooperation to UEFA in taking any and all legal and other measures that UEFA, in its sole discretion, deems appropriate at its sole discretion to prohibit, prevent and stop any unauthorised exploitation of the commercial rights to the final tournament and to ensure that all commercial rights to the final tournament remain owned and exercised solely and exclusively by UEFA without restriction. In this regard, no association may use or exploit, directly or indirectly, any commercial rights to the final tournament without the express prior written agreement of UEFA and subject to such conditions as UEFA may require. Each association must ensure that its partners, commercial or otherwise, do not use or otherwise exploit directly or indirectly any commercial rights to the final tournament without UEFA’s express prior agreement, which may be granted or withheld at its sole discretion.
A participating association may not display (including on any clothing) any third party commercial identification or branding in any stadium or training ground of the final tournament or at any official UEFA press conference other than: a)on the kit used at unofficial training sessions;
b)in the indoor press conference facility at its official training ground;
c)manufacturer’s identification on kit in accordance with the UEFA Kit Regulations.
This provision applies from 5 days before the first match of the final tournament until the conclusion of the final tournament.
Associations participating in the final tournament may be permitted to make coaching films, which must not be used for any purposes whatsoever other than solely for the instruction of players, referees and officials of the relevant associations. Permission to film and produce such "coaching" films must be obtained from the UEFA administration in writing. Such permission sets out any relevant financial and other conditions. Available space and locations for the relevant filming crews is limited and any such requests for permission must be submitted to UEFA at least 30 days before the start of the final tournament. All practical arrangements for filming, including access, working areas, number and size of crew, type of cameras etc., are communicated in advance by circular letter or similar means of communication. All intellectual property rights for any material recorded for such purposes must be assigned to UEFA in writing and, if so requested by UEFA, a copy of all relevant materials filmed provided to UEFA within 24 hours of such request.
UEFA declines all responsibility and liability in the event of any conflict between any agreement entered into by an association and any arrangement entered into by UEFA relating to the exploitation of the commercial rights to the competition.
Each participating association must support and ensure that its players, officials and other employees support the commercial programme established by UEFA in exploiting the marketing rights to the final tournament including, without limitation, the promotional programmes run by UEFA and its commercial affiliates (e.g. ball kids, player escorts, match-ball carrier, flag bearers, man of the match awards and stadium tours).
Upon registration of an association for the competition, UEFA has the nonexclusive right to use and/or sub-license the right to use free of charge the association’s imagery for: (a) the staging and organising of the competition (and future editions of the competition), (b) promotional purposes related to the competition (and future editions of the competition), (c) editorial purposes (including on/for the UEFA digital services) and/or (d) other purposes reasonably designated by UEFA. Any such use may occur after the competition and may include references to and/or branding of third parties, including sponsors, provided that no such reference or branding implies an endorsement of any such third party or their products and/or services by the relevant association. This paragraph does not relate to the imagery of any association’s players.
Upon registration of an association for the competition, UEFA has the nonexclusive right, if such association qualifies for the final tournament, to use and/or sub-license the right to use free of charge that association’s imagery for incorporation into commercial and promotional merchandise and materials (together with packaging and promotional materials for such merchandise and materials) provided that any such merchandise and materials (a) relate to the final tournament, (b) include the competition name and/or a competition logo, (c) include association imagery from each of the other participating associations and (d) do not give undue prominence to the association imagery of any one or set of participating associations. The requirements specified in (c) and (d) do not apply to the use of the association imagery of the participating association that wins the competition where such association imagery is featured in images of the celebration of its victory following the final match (for example, photographs of the presentation and lifting of the trophy). Such merchandise and materials may be sold or distributed free of charge and may include customary references to and/or branding of any manufacturer, distributor and/or provider of the relevant merchandise and materials, provided that no such reference or branding implies an endorsement of any such third party or their products and/or services by any participating association. This paragraph does not relate to the imagery of any association’s players.
Associations must obtain all necessary third party rights and consents that are required in order for them to comply with this chapter (chapter XVI) and, upon request, must supply UEFA free of charge with the necessary documentation (including, without limitation, any third party consents) required to allow UEFA to use and exploit its rights under these regulations.