1 General
The exploitation rights for voice recordings are only transferred after full payment. Recordings themselves cannot be acquired, because ownership and copyright are not transferred. With the exploitation right the license is acquired to use the voice recording for the specified purpose and time period. If the recordings – or parts of them – are used beyond that, a new buyout, according to the current VOICE list, will be due.
2 Exclusivity
The payment of the voice recording does not constitute an exclusion of competition. Total exclusivity (e.g. no other advertising for a certain period of time) or partial exclusivity (e.g. no other coffee advertising for a certain period of time) can, however, be agreed upon in individual cases and against an additional fee to be negotiated. The (partial) exclusivity agreement must be in text form.
3. television and radio contributions
The general terms and conditions of the radio and television stations do not automatically apply. The individual agreement of the parties shall be decisive. If no individual agreement has been made, the following terms and conditions shall apply mutatis mutandis.
4. advertising layouts (radio, TV, cinema and online layouts)
With the payment of a layout, the client receives the right to use the voice recording for presentations and market tests. In the layout stage, the client is also permitted to create any number of motifs from the voice material. However, the layouts may under no circumstances be broadcast or delivered on the Internet or otherwise made available to a broad public, e.g. for advertising, information or sales purposes. In the event of broadcasting – or partial use – an additional exploitation fee shall be due. 5.
5. pure commercials (radio, TV, cinema and internet commercials)
5.1 Upon payment for a spot, the Client shall receive the right to broadcast the respective spot in the agreed medium, unless otherwise agreed, limited to Austria for the duration of one year. The exploitation right shall apply from the first broadcast. If the date of the first broadcast is not specified, the recording date shall apply. 5.2.
5.2 With the broadcasting rights for Austria, the Customer shall also receive the right to broadcast on those stations to be received throughout Europe that are based in Austria. For each additional country (e.g. FRG, etc.), an additional exploitation fee shall be due for the respective medium. If the Client uses a spot or parts thereof for the production of another/new spot, a further exploitation fee shall be due in each case; the same shall apply to a change of medium, e.g. if a radio spot (or parts thereof) becomes a cinema spot.
5.3 The same shall apply to the broadcasting of so-called sales videos, industrial and trade fair films, in-store radio (POS), etc., if these are broadcast for advertising purposes via another medium. In the case of the production and distribution of videos and other multimedia applications that are offered for sale or used for advertising purposes, separate exploitation fees are also due – depending on the print run. This also applies to streaming deliveries.
5.4 Only radio spots for local stations have a special position: Here, the fee is more favorable because the broadcast area is strictly limited. A local radio spot covers broadcasting on any number of stations in a single local area or a region with a catchment area of no more than 1 million inhabitants. Alternatively, they may be the station’s own advertising productions that run exclusively on that station.
6. fees
6.1 Unless otherwise agreed, the amount of the individual fees shall be determined by the current price list of the VOICE Spokesperson Association, which is available at any time on the website of the Spokesperson and that of the VOICE Spokesperson Association.
6.2 The invoice issued by the speaker is due for payment immediately without deductions. In case of late payment, interest on arrears of 1% per month shall be due from the 15th day.
6.3 In the event that a production date cannot be met by the client, a cancellation fee in the amount of € 350,- shall be due for payment unless the client cancels the production at least 24 hours (weekdays Mon.-Fri.) before the agreed date. If Lukas Wurm cannot keep an agreed production date for reasons beyond his control, e.g. illness or force majeure, the proof of which he must provide upon request, he shall not be liable for any associated costs of the client.
6.4 The appointment with the recording studio shall also be considered as an order of the client.
6.5 Errors for which Lukas Wurm is responsible (e.g. pronunciation errors) must be reported within 14 days after acceptance. Within this period, corrections will be made free of charge. After 14 days, the client will be charged a fee of 50% of the order value for a new recording in case of corrections.
6.6 If a voice recording has been accepted by the client who is personally present or directly connected or by a person commissioned by him, no complaints can be made after this acceptance. In such a case, a correction of the original recording shall be considered a new recording to be paid for.
6.7 If a text has to be re-recorded after recording due to text changes, this shall also be considered as a new recording for which a fee is to be paid.
7. duty to inform
7.1 The client is obligated to inform Lukas Wurm prior to the first broadcast or use when a voice recording (layout or spot), whether in its original or modified form, will be used by means of the originally agreed upon or another medium or with other parameters. If, in justified exceptional cases, the Client is unable to provide this information in good time, he must in any case provide it within 14 days of the initial broadcast at the latest.
7.2 If the client does not comply with this information obligation in due time, Lukas Wurm may demand 1% interest per month from the invoice amount for the period of time that has passed between the date on which the information was due and the date on which Lukas Wurm learns about the use. The right to demand interest on arrears in case of default of payment after issuance of the invoice remains unaffected.
8. breach of contract
In case of a breach of the duty to inform or in case of use or distribution of a voice recording, layout or spot contrary to the agreement, e.g. beyond the agreed period, area or medium, the client undertakes – without prejudice to the obligation to pay the corresponding utilization fee – to pay a contractual penalty in the amount of 3 times the fee to Lukas Wurm for each case of infringement under exclusion of the assumption of a continuation of the infringement. To the same extent the client is liable for violations caused by third parties involved in the production at his instigation.
9 KI Training
Basically excluded, unless otherwise agreed, is the use of any voice recordings for training purposes for AI programs as well as the transfer or sale of the recordings to third parties not involved in the production, especially for use in connection with AI programs or algorithms.
10. liability
Lukas Wurm is not liable for the content of the productions.
11. validity of the general terms and conditions
The aforementioned GTC are considered as agreed upon with the awarding of the contract to Lukas Wurm, otherwise the GTC of the client do not automatically apply. For the respective layouts and/or exploitations, the definitions & conditions of the VOICE fee list valid at the time of placing the order shall apply.
12. applicable law / place of jurisdiction
The law of the Federal Republic of Austria shall apply to these GTC and the entire legal relationship between the contracting parties. Place of jurisdiction is the domicile of Lukas Wurm.
13. final clause
Should a clause in these GTC or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
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