Agreement to Include Submitted Documents in the Performance Art Archive

 

Kunstraum Niederoesterreich aims to advance the understanding and archiving of performance art. Applicants have the opportunity to provide their submissions to the archive independent from the award of the H13 Prize for Performance. Upon agreement, participants give their consent for submitted digital documents to be included in the archive and, if applicable, published as well.

The submission for the H13 Prize for Performance is completely independent from the agreement to archive the submitted documents!

 

Liability/Rights

By taking part in the competition, participants accept the competition conditions and agree without reservation that all forms of legal recourse are excluded. Participants acknowledge that the organisers of the prize as well as their partners and representatives assume no liability for damages to the submission or damages caused by the submission. If applicable, the registration of protection rights is the sole responsibility of the applicant. Furthermore, by taking part in the competition, participants confirm that no third party rights, in particular copyrights, are infringed and hold those responsible for the publication free and harmless from all third party claims (see “Reference to Possible Third Party Rights” in the submission form). Legal recourse is excluded.

 

Transfer of Ownership

The submitted documents (also those in digital form) become the property of the NÖ Festival und Kino GmbH, Minoritenplatz 4, A-3500 Krems, (FN 218787x), as the owner of Kunstraum Niederoesterreich, and the State of Lower Austria, who are entitled to freely dispose of the materials and not obliged to return them.

 

RIGHTS OF USE AGREEMENT

Beneficial Owner:

NÖ Festival und Kino GmbH, Minoritenplatz 4, A-3500 Krems, (FN 218787x), as owner of Kunstraum Niederoesterreich

 

Grant of Rights:

I (the grantor) declare that I am the owner of all (copyrights and service protection rights as well as ancillary) rights of use to the work and confirm that this work and its use do not infringe upon any third party rights, in particular copyrights, service protection rights, or personal rights.

I (the grantor) hereby grant the beneficial owner free of charge the irrevocable, non-exclusive rights of use to the work, unrestricted in terms of time, space, and content, for archival, research, publicity, museum and collection, art education as well as exhibition purposes in the framework of the respective field of activity of Kunstraum Niederoesterreich. This rights of use agreement comprises all types of use (in particular publication, reproduction, distribution, editing, availability, broadcasting, and reproduction rights) as well as those which cannot be stated today, namely those for usage in archives, research, lectures, publicity work, exhibitions, scientific publications, catalogues, books, posters, marketing printed matter, advertisements as well as publicly accessible social media platforms, websites, online databases, archive/collection/knowledge portals, media reports, and all other conventional usages, today and in the future, for archival, research, publicity, museum and collection, art education, and exhibition purposes. In this framework the beneficial owner is also entitled to transfer this rights of use agreement to third parties or to grant rights of use agreements to third parties (e.g. for publication, archive, collection, and research purposes) and namely to the State of Lower Austria, p.A. Amt der NÖ Landesregierung, Landhausplatz 1, 3109 St. Pölten, as the owner of the State Collections of Lower Austria, and to subsidiaries of the NÖ Kulturwirtschaft GesmbH, Neue Herrengasse 10, 3100 St. Pölten.

I (the grantor) undertake to hold the beneficial owner and the thereby authorised usages in the framework of the rights of use agreement free and harmless from all third party claims. The NÖ Festival und Kino GmbH as owner of Kunstraum Niederoesterreich is principally willing to provide potential documentation of the performance to the grantor for her/his own exhibition and documentation purposes and to grant free of charge a corresponding rights of use agreement, insofar as it owns the rights. The NÖ Festival und Kino GmbH must be asked for written consent for all forms of broader use of the documentation, in particular its transfer to third parties or the editing of its contents.

 

More information about the research project “Archiving Performance Art” can be found here.

Privacy Policy in the Application Process

Kunstraum Niederoesterreich as part of the NÖ Festival und Kino GmbH and the NÖ Kulturwirtschaft GesmbH (NÖKU Group) complies with the terms listed in the privacy policy.

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