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主办单位: 中宣部文艺局
  文化部艺术司
  国家广电总局宣传管理司
  北京市委宣传部
  北京奥组委文化活动部
  中国音乐家协会
  中央电视台文艺中心
  北京人民广播电台
  北京电视台

协办单位: 北京人民广播电台音乐广播

合作单位: 阳光文化多媒体

独家网络协办:




The 4th Campaign to Solicit Songs for Beijing 2008 Olympic Games-Notice to Participants
2007年03月15日10:47


  1. The Requirements for Filling out and Signing the Participation Form, Copyright Assignment Letter and Other Contracts

  1.1 Filling out and Signing the Participation Form

  The Participant shall fill in the Participation Form with the information related to itself and the Submission Work, and shall sign its name (or title), as such name (or title) appears on the its identification document, in the Participation Form.

  If/when a Participant has independently created (or has jointly created with another party) more than one piece of Submission Work, the Participant should fill out and sign one copy of the Participation Form for each of such Submission Work . If/when a piece of such Submission Work is a collectively-created product, each contributing Participant should fill out and sign one copy of the Participation Form for such Submission Work. In addition to the circumstances stipulated by the laws of the People’s Republic of China, a piece of Submission Work shall also be deemed to be collectively created under the following circumstances: (a) a piece of Submission Work consists of a part created by one person in written form and a part created by another person by performance, or (b) a piece of Submission Work consists of a score composed by one person and lyrics composed by another person.

  If/when a Participant refuses to fill out or sign the Participation Form or fills out or signs the Participation Form in an inaccurate and/or incomplete manner with respect to the Submission Work that is independently created by such Participant or jointly created by the Participant with another party, such Submission Work will be deemed to be disqualified for entering the Campaign.

  1.2 Signing the Copyright Assignment Letter

  Each Participant shall sign the Copyright Assignment Letter for the Submission Work presented by such Participant.

  If/when a Participant has presented more than one piece of Submission Work, the Participant shall fill out and sign one copy of the Copyright Assignment Letter for each of such Submission Work and Materials. If/when a piece of Submission Work is a collectively-created product, all contributing Participant shall sign the same copy of the Copyright Assignment Letter for such Submission Work and Materials. In addition to the circumstances stipulated by the laws of the People’s Republic of China, a piece of Submission Work will also be deemed to be collectively created under the following circumstances: (a) a piece of Submission Work consists of a part created by one person in written form and a part created by another person by performance, or (b) a piece of Submission Work consists of a score composed by one person and lyrics composed by another person.

  If/when a Participant refuses to sign the Copyright Assignment Letter or signs the Copyright Assignment Letter in an inaccurate manner in respect of the Submission Work that is presented by the Participant or jointly created by the Participant and another party; such Submission Work will be deemed to be disqualified for entering the Campaign. In regard to a specific Submission Work and Materials, the information regarding the Participant that is provided by the Participant in the Participation Form and that in the Copyright Assignment Letter shall be consistent with each other. Any inconsistency between the information provided in the aforesaid documents may cause relevant Submission Work to be deemed as being disqualified for entering the Campaign.

  1.3 Execution of Other Contracts

  During the period of this Campaign , the Participant shall, at BOCOG’ s request, take part in certain cultural activities as designated by BOCOG and execute any other contracts, in the form and content acceptable to BOCOG. To the extent as necessary for executing any such contract, BOCOG will inform the Participant of such situation in writing. If the Participant is a non-individual entity, upon BOCOG’ s request, the Participant shall also ensure that its employees and any other persons contributing to the creation of the Submission Work will execute such a contract.

  If the Participant does not execute, or cause relevant parties to execute any aforesaid contract pursuant to the stipulations of the preceding paragraph, the Participant will be deemed as having given up, free of will, the qualification of the Participant’s Submission Work for entering the Campaign; under such circumstances, the covenants made by the Participant in the Copyright Assignment Letter regarding the assignment (license) of the copyright of the Submission Work and Materials and all relevant rights derived therefrom shall remain effective.

  1.4 Other Requirements for Filling out and Signing Relevant Documents

  The Participant shall have the necessary capacity for civil rights and capacity for civil conducts to fill out and sign all the documents stipulated in the Campaign Rules and to perform relevant obligations stipulated in such documents.

  Provided that the Participant is a natural person, if the Participant is a person having no capacity for civil conduct or with limited capacity for civil conduct, the Participant’s Submission Work will be deemed as being disqualified for the Campaign, unless his/her statutory agent expresses consent and therefore signs all the documents stipulated in the Campaign Rules. According to the laws of the People’s Republic of China, “a person having no capacity for civil conduct” refers to a person under the age of 10 or a mentally ill person who is unable to account for his own conduct; “a person with limited capacity for civil conduct” refers to a person who has reached the age of 10 but under the age of 18 or a mentally ill person who is unable to fully account for his own conduct. However, normally a person, who has reached the age of 16 but not the age of 18 and whose main source of income is his own labor, shall be regarded as a person with full capacity for civil conduct”.

  The Participants shall clearly sign in black or blue carbon ink the Participation Form, the Copyright Assignment Letter and other Contracts.

  2. Disposal of Relevant Documents and Materials and the Copyright Ownership

  2.1 All materials delivered to the Olympic Songs Solicitation Office, including the Submission Work and Materials, the Participation Forms, the Copyright Assignment Letter, identification documents and other relevant materials that are submitted pursuant to the Campaign Rules, will not be returned to the Participants.

  2.2 The Participant agrees, in accordance with the provisions of the Copyright Assignment Letter signed by the Participant, to assign the copyright of the Submission Work and Materials and all relevant rights derived therefrom that are owned by the Participant to BOCOG. Or, if any part of the aforesaid rights is non-assignable, the Participant will make due arrangements on such non-assignable rights pursuant to the Copyright Assignment Letter.

  However, according to the provisions of the Copyright Assignment Letter, the Participants are entitled to revoke the covenants regarding the copyright assignment and the license matters under such letter.

  3. Matters Acknowledged and Guaranteed by the Participant

  3.1 The Participant agrees that, under the precondition that the Participants don’t accord with the Copyright Assignment Letter to exercise the right of revoking the covenants regarding the copyright assignment and the license matters entitled to it under such letter, neither the Participant nor any of the Participant’s successors and assignees will exercise, or will enforce against BOCOG or any of BOCOG' s licensees, successors and assignees, any rights (including, without limitation, any moral rights provided under applicable law) owned by the Participant in respect of the Submission Work and Materials.

  3.2 Unless being awarded a prize for the Submission Work and Materials in accordance with the Campaign Rules, the Participant will not be paid any compensation or remuneration in any form for creating the Submission Work and Materials, assigning (licensing) the relevant rights, or for BOCOG’ s use or utilization of the Submission Work and Materials, etc.

  3.3 The Participant acknowledges that the Submission Work, if selected as the official theme song for the opening ceremony of Beijing 2008 Olympic Games, will be used as a significant musical symbol of Beijing 2008 Olympic Games and other related events (jointly referred to as the "Games") and BOCOG, and will become an important element in communicating the unique image and spirit of the City of Beijing and the People's Republic of China and the ideals of the Olympic Movement as embodied in the Games. The Participant acknowledges and accepts the importance of protecting the long term interests of the Games and Olympic Movement.

  3.4 The Participant has never taken any action and shall not take any action that might impair in any way any of BOCOG’ s rights in or to the Submission Work and Materials as set forth in the Campaign Rules and the Copyright Assignment Letter. Upon BOCOG’ s request, the Participant shall promptly take all actions that BOCOG may reasonably request (including executing and delivering additional documents) to evidence and give effect to BOCOG’ s ownership of the rights to the Submission Work and Materials (including copyright, proprietary rights and other related rights).

  3.5 BOCOG will be entitled to use the Submission Work and Materials as contemplated in the Campaign Rules and the Copyright Assignment Letter free of charge and without any license or approval from, or payment to, the Participant or any third party. Nonetheless, BOCOG will have no obligation to use or utilize any Submission Work or Materials.

  3.6 The cultural activities by the Participant in respect of the fact that the Submission Work and Materials has been submitted in the Campaign, shall be conducted in such a manner as BOCOG has approved.

  3.7 The Participant agrees that, unless as otherwise provided in the Campaign Rules, none of BOCOG, the International Olympic Committee, Beijing Municipality, or any of their officials, officers, employees, consultants, agents, representatives or volunteers(jointly referred to as “the Released Parties”) will incur any financial responsibility or liability of any kind or nature in connection with or arising out of the Campaign Rules, the Copyright Assignment Letter, the Submission Work and Materials or the Campaign against the Participant. Provided that the Participant is likely to have claims, demands, action, suits or legal proceedings against any Released Party, to the extent any cause of such action arises from or is in connection with the Campaign Rules, the Copyright Assignment Letter, the Submission Work and Materials, the Campaign or other related issues, the Participant hereby irrevocably covenants to refrain from bringing or causing to be brought, any claims, demands, action, suits or other legal proceedings.

  3.8 The Participant will indemnify, defend and hold harmless the Released Parties from and against any and all claims by third parties, which are arising or resulting from, in connection with or related in any way, directly or indirectly, to the Submission Work and Materials, or any breach or alleged breach of any of the Participant's covenants, representations and warranties under the Campaign Rules and the Copyright Assignment Letter that is conducted by the Participant or any party acting on the Participant's behalf or under the Participant's direction; provided, however, that the Participant will not have any right, without BOCOG' s written consent, to settle or compromise any such claim.

  4. Confirmation of BOCOG

  BOCOG confirms that, according to the provisions of the Copyright Assignment Letter, the Participants have the right to revoke the covenants regarding copyright assignment and the license matters under said letter, provided that the Submission Work is not selected as the Selected Submission Work.

  The Office for the Campaign to Solicit Songs for Beijing 2008 Olympic Games

  

  


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