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Eurovision Song Contest
Eurovision Song Contest 2004 - Rules. Part 6
XI. DISQUALIFICATION PROCEDURE AND SANCTIONS
1. A song may be disqualified for the following reasons:
(a) if there is evidence that an artist, a member of the delegation or a spokesperson has not complied with the requests of the Host Broadcaster and/or the EBU Executive Supervisor and may therefore cause disturbance to the event and/or the broadcast production.
(b) if the artist(s) depart(s) from the planned performance as performed at the final rehearsal, and thereby cause(s) disturbance to the event and/or the broadcast production.
(c) if a participating organization/artist(s) has in any way attempted to breach the present Rules at any stage of the preparation of the Contest, or is about to do so during the Contest Final itself.
2. The decision to enact disqualification is taken by the Reference Group, on the recommendation of the EBU Executive Supervisor. (If the country being disqualified is represented by a member of the Reference Group, he or she shall not be allowed to vote on the decision for disqualification, or take part in the deliberation procedure):
(a) If the disqualification of a song is decided upon before the HoD meeting on March 22-23 2004, the Participating Broadcaster shall be entitled to propose another song and to submit all related material by the date specified by the reference group.
(b) If disqualification of a song is decided upon after the above-mentioned date, but before the day of the Eurovision Song Contest Qualifying Final, the Participating Broadcaster concerned shall not present its entry but shall remain entitled to vote and liable for its financial contribution. However, time permitting, the Participating Broadcaster shall have the right to appeal against the decision to the Chairman of the EBU Television Committee and, if that person cannot be reached, to the Secretary General of the EBU. Any decision taken in accordance with the above-mentioned procedure shall be final, and no legal remedy shall be possible.
3. A broadcaster may be sanctioned, and even excluded from subsequent Contest Finals, if it:
(a) does not comply with the present Rules.
(b) withdraws from participating in the 2004 Contest Final after 1 December 2003.
(c) does not submit a fax of its voting results in accordance with the Rules.
4. Any sanctions shall be pronounced by the Television Committee, following a recommendation by the Reference Group. Sanctions shall be proportionate to the damage or prejudice caused to the EBU, the Host Broadcaster and/or the organization or the reputation of the Eurovision Song Contest.
5. Any decision taken in accordance with the above-mentioned procedure shall be final, and no legal remedy shall be possible.
XII. THE WINNER(S) OF THE 2004 CONTEST FINAL
1. The winners of the Qualifying Round are the ten countries with the most points at the end of the voting procedure. They each win a place in the Grand Final, performing in the position decided upon in the draw held in March 2004.
2. The winner of the Grand Final is the song with the most points at the end of the voting procedure.
3. Should there be a tie for first place, the Eurovision title shall be awarded to the song that has obtained points from the highest number of countries. If the songs received votes from the same number of countries, then the highest number of 12-point scores shall qualify. If the winner cannot be determined by this procedure, then the number of times ten points have been awarded shall be the deciding factor; if necessary, this method shall continue until account has been taken of the number of times one point has been awarded. The same method shall be applied if there is a tie for position number 10 in the Qualifying Round.
4. Should two or more songs still tie for first place, even after the above calculation, both/all such songs shall share the title of winners of the Eurovision Song Contest.
5. The final result shall be announced immediately, and the transmission of the Contest Final shall end with a further performance of the winning song (or songs).
6. The top-placed song shall win for the Participating Broadcaster the right for its country to host the Contest Final in 2005, subject to the rules and regulations of the competition.
7. Should two or more songs tie for first place, the location of the Contest Final in 2005 shall be subject to agreement between the winning broadcasters, the EBU and the Reference Group.
8. The author(s) and artist(s) of the winning song(s) shall receive the Eurovision Song Contest Trophy (or Trophies) for 2004.
XIII. BROADCASTING AND OTHER USES OF THE CONTEST FINAL
1. The Contest Final shall be broadcast live in its entirety by every Participating Broadcaster of the Eurovision Song Contest 2004 (including those who do not progress from the Qualifying Round) on a main terrestrial channel. In addition, the Participating Broadcasters may also broadcast the Contest Grand Final live or deferred on their own wholly-owned radio, digital, or satellite channels (in accordance with the EBU Rules on the Sharing of the Eurovision Signal), or deferred on a wholly-owned website. Upon request to the EBU, rightsholding broadcasters may also be granted such additional rights.
2. Live webcasting of the Contest Final shall be reserved exclusively for the official Eurovision Song Contest website, to which Participating Broadcasters may provide a link on the same evening(s). However the EBU will attempt to make individual broadcaster commentaries available in conjunction with that live stream, through the official website. All previews may also be made available on each Participating Broadcaster’s website, in addition to the official website. However, if the sound recording is made available separately from the audiovisual recording, only the use of extracts (of a maximum of 30 seconds per song) is allowed.
3. The main title of the event, the Eurovision Song Contest 2004, shall be used by all broadcasters, although a broadcaster may use a translation of this into its national language once that translation has been approved by the EBU Executive Supervisor. If that translation is approved, the English title need not be used. Broadcasters are also entitled to have a minor title under the main title, using the name by which the Contest has been known in recent years.
4. All broadcasters shall transmit the EBU logo and the Eurovision Song Contest 2004 logo at the start and at the end of the programme.
5. All Participating Broadcasters have the exclusive right, on their territory, to broadcast the Contest Final in its entirety, as many times as desired for 30 days following the Grand Final, including any interval act. In the ensuing eleven months the Participating Broadcasters shall have the right to broadcast the show twice more, subject to continued compliance with these Rules (including the provisions relating to branding and sponsorship/marketing). If any celebrity acts are part of the production, an exclusion of such acts from the above-mentioned rights may have to be made, in which case this shall be notified in writing by the EBU to all Participating Broadcasters.
6. All Participating Broadcasters are also entitled to use extracts from the Eurovision Song Contest 2004 during the 12 months following the event for any type of programme and on any medium (including the Internet) as long as no more than two minutes of any song are used and any celebrity acts are excluded. Thereafter, without any limitation in time, these rights are limited to eight minutes' total duration (and no more than two minutes per song) in any of their television programmes.
7. Without prejudice to the other rules in this Section, all broadcasting and other media rights to the Eurovision Song Contest 2004 are exclusively owned by the EBU, to be managed centrally by the EBU on behalf of the participating Members. Participating Broadcasters wishing to use the material in their own libraries, free of charge, after 12 months following the Contest Final, may request permission to do so from the EBU.
8. The previous rule does not prevent any Participating Broadcaster from invoking any or all rights, and particularly copyright and neighbouring rights, which it enjoys under its national legislation with a view to preventing or prohibiting the unauthorized use of its own broadcast(s) of the Contest Final or any parts of such broadcast(s), such as individual scenes or images, by third parties.
9. Any Participating Broadcaster shall be entitled to sell any footage from the Eurovision Song Contest 2004 to any third party within its territory. Any Participating Broadcaster shall not be entitled to sell any footage from the Eurovision Song Contest 2004 to a third party outside its territory. Any breach of this rule may result in the disqualification of its entry from the Contest Final and/or denial of access to the live transmission.
10. Non-participating (radio or television) broadcasters, from countries where rights remain available, may purchase the right to broadcast the 2004 Contest Final on their territory upon payment of a rights fee, and may also request the right to send a commentator, and/or a production team, to the event (depending on the facilities available). These sales shall be coordinated by the EBU. Non-participating EBU Members shall have the right of first refusal on their territory.
11. Any broadcaster which does not hold any media rights shall be granted, upon request to the EBU, a total of two minutes' news access from the two evenings of the 2004 Contest Final, free of charge for use in regularly-scheduled news bulletins.
12. Non-rightsholder broadcasters are not allowed to broadcast any material from the 2004 Contest Final (rehearsals/preparations/finals, etc) without the prior written permission of, and possible payment of a rights fee to, the EBU. Similarly, no commercial or noncommercial entity may use the logo or other distinctive elements of the 2004 Contest Final without the prior written permission of the EBU.
13. The official sponsors/suppliers shall have exclusivity in connection with all television broadcasts of the Eurovision Song Contest 2004 on each territory. No other party shall be granted any branding, sponsorship or association rights.
XIV. FINAL PROVISION
1. In case of dispute, the English version of these Rules shall prevail.
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