G.5.3 Third party digital services conditions - Europa Conference League

Regulations of the UEFA Europa Conference League

FT_ContentType_custom
Competition Regulations
FT_Category_Only_Custom
Clubs
FT_Competition
UECL
FullSeasonYears
2021/22
EnforcementDate
1 May 2021
G.5.3.1

Subject to the provisions of Annex G.5.3, delayed rights may be exploited by the clubs on third-party digital services from Friday midnight CET (Thursday midnight CET for the final) after the relevant match – with the exception of unsponsored and/or sponsored (but only by the relevant UEFA sponsor) clips equivalent to the sole and exclusive footage promotions which are made available by UEFA sponsors and UEFA (e.g., the “Goal of the Week”) which may be transmitted after midnight CET after the relevant match – subject to the following conditions:

  1. up to a maximum of 2 minutes of footage from any individual match may be used. For the purposes of this Annex G.5.3.1, footage means any footage produced between (i) 5 minutes prior to kick-off, and (ii) 5 minutes after the end of the match (5 minutes after the trophy lift with regards to the final);

  2. clips shall be promotional in nature with the goal to (i) drive viewers back to the clubs’ official club platforms and/or (ii) promote the competition’s global broadcast platform in accordance with UEFA guidelines and regulations (e.g. with a link to UEFA’s “where to watch” page) subject to UEFA providing the clubs with the relevant promotional materials and instruction;

  3. any exploitation of footage on third-party digital services shall be subject at all times to the terms and conditions of Annex G.5.3.8;

  4. clips may be made available on a free and/or subscription basis (pay and/or pay-per-view);

  5. clips may be fully dedicated (i.e. 100%) to the UEFA Europa Conference League; and

  6. clips and programmes may be sponsored by a third party but not in a way that creates direct or indirect association with the competition. However, clips and programmes containing more than 50% of UEFA content (comprising UEFA Europa Conference League content and any other UEFA-related content, including other UEFA competitions) may only be sponsored by UEFA sponsors. The list of UEFA sponsors and the conditions and procedures applicable to the sponsorship will be communicated by UEFA to the club at the club’s written request.

G.5.3.2

In general, the embargos and restrictions given above in Annex G.5.3.1 shall apply to all audiovisual and/or visual coverage of the competition, whether taken from the raw feed or created by the clubs directly (including pre- and post-match activities). However, the following exceptions shall apply in respect of any and all exploitation on third-party digital services:

  1. content created by clubs from within the stadium perimeter prior to 5 minutes before kick-off (e.g. from allocated pitch-view studios or pitch presentation positions) may be exploited on a live and/or delayed basis providing the broadcast of the live match is promoted in accordance with UEFA guidelines and regulations (subject to UEFA assisting the relevant club to comply with its promotional obligations):

    1. up until 45 minutes prior to kick-off,

    2. up until kick-off and/or from 5 minutes after the end of the match (5 minutes after the trophy lift with regards to the final), subject to a maximum duration of 3 minutes in total per match ; and

  2. content created by clubs from within the stadium perimeter in areas where UEFA media partners have no access (e.g. from the dressing rooms) may be exploited on a delayed basis from 5 minutes after the end of the match (5 minutes after the trophy lift with regards to the final) subject to clubs having shared such content with UEFA as per Annex G.3.2 for UEFA media partners’ prior exploitation and subject to a maximum duration of 60 seconds in total per match (such content being limited to non-match action).

G.5.3.3

Each proposed use of any UEFA Europa Conference League content and/or material (“relevant content”) by clubs on or via a third-party digital service is subject to UEFA’s prior written approval and to any additional terms and conditions UEFA might, at its sole discretion, impose in relation to such approval.

G.5.3.4

Clubs must, in each request for approval to make the relevant content available on a third-party digital service, set out (as applicable):

  1. details of the specific relevant content the club proposes to use;

  2. the third-party digital service proposed to be used;

  3. the start date and proposed duration of the relevant exercise of rights;

  4. (if applicable) any individual arrangement it has negotiated with the operator of the third-party digital service; and

  5. any proposed commercialisation of the relevant content.

For the avoidance of doubt, any such request may be for a one-off type of use (e.g. a single clip on a single third-party digital service for a certain duration) or for multiple types of uses as part of a wider framework (e.g. for a single or multiple type(s) of clip(s) on a single or multiple third-party digital service(s) for (a) certain duration(s), which may vary from clip to clip and may be for a full season).

G.5.3.5

Clubs agree that if any approval is subsequently provided by UEFA, the clubs shall thereafter:

  1. comply fully with the terms (and any conditions) of such approval; and

  2. ensure that its use of relevant content on any third-party digital service complies fully with the terms of these Club Media Rights Guidelines.

G.5.3.6

Clubs agree that, when engaging with any third-party digital service operator in respect of the possible use of the relevant content on such third-party digital service, it shall use its reasonable endeavours to negotiate an individual arrangement with such operator which observes, and is consistent with, to the greatest extent possible, the terms of these Club Media Rights Guidelines.

G.5.3.7

If a club is unable to negotiate any such individual arrangement (notwithstanding its reasonable efforts to do so), and the terms and conditions imposed by the third-party digital service operator of the relevant third-party digital service in relation to the relevant content are inconsistent and/or incompatible with the terms of these Club Media Rights Guidelines, UEFA will not hold the club in breach of the relevant term(s) of these Club Media Rights Guidelines (a “relevant breach”) if the club subsequently makes the relevant content available on such third party digital service, provided that:

  1. the relevant breach results only and directly from the operator of the third-party digital service requiring a contractual licence to use the relevant content which exceeds the scope of the limited rights permitted to be licensed to such operator pursuant to Annex G.5.3.8c) ;

  2. the club is not in breach of any other term of these Club Media Rights Guidelines; and

  3. UEFA (directly or indirectly):

    1. does not suffer or has not suffered and/or does not incur or has not incurred any damage or liability as a result of such breach; or

    2. does not receive and/or has not received any third party complaints in this regard.

For the avoidance of doubt, UEFA reserves all rights (whether pursuant to these Club Media Rights Guidelines, at law or otherwise) in relation to each relevant breach.

G.5.3.8

Each club acknowledges and agrees that the right to make relevant content available on any third-party digital service is subject to the clubs ensuring, at all times, that:

  1. the third-party digital service is governed by terms and conditions of use which include an undertaking by the end-user of the relevant third-party digital service not to distribute, reproduce or make any use of the relevant content other than for private non-commercial purposes. For the avoidance of doubt, this prohibition is not intended to restrict the legitimate functionality of social media platform tools (such as “like”, “share” and “re-tweet” buttons and tools);

  2. the third-party digital service operator does not impose (or seek to impose) upon the club, or require (or seek to require) the club’s compliance with, terms and conditions which transfer ownership of any intellectual property rights in any relevant content to any third party (including the third-party digital service operator);

  3. other than to the limited extent necessary to enable the technical publication of the relevant content on the relevant third-party digital service (and subject to Annex G.5.3.6 and Annex G.5.3.7 above), it does not transfer, dispose of, grant or pass through any rights (such as the right to sub-license the right to use any relevant content) in respect of any relevant content to any third party (including the relevant third-party digital service operator);

  4. no third-party digital service (or other third party, including any third-party digital service operator) is positioned as having an official association with UEFA or any UEFA competition;

  5. club branding remains the dominant branding:

    1. on or within any club-controlled section, page or channel of the third-party digital service; and

    2. on, or related to, any relevant content featured within a content offering that is “curated” by the third-party digital service operator;

  6. it disables the video embedding functionality, so as to prevent third parties from using any relevant content and communicating it (or making it available) via any other digital platform or within the original third-party digital service in such a manner as to appear as if such third party is the source of the relevant content (such use of the original third-party digital service being distinct from mere “sharing” of the relevant content within the original third-party digital service); and

  7. it retains the ability to take down all the relevant content (thus removing it from the relevant third-party digital service) at all times.

G.5.3.9

Each club must ensure that it takes down any and all relevant content immediately upon request by UEFA (including, for example, in response to any UEFA notification pursuant to Annex G.5.3.11 below) or if a club can no longer comply with the requirements set out in Annex G.5.3.8 immediately above.

G.5.3.10

If a club wishes to make any relevant content available on a third-party digital service in any manner which:

  1. permits the relevant operator to enhance, modify, edit, or curate the relevant content (such as in relation to concepts similar to Snapchat “Live Stories”); or

  2. permits users of the relevant platform to superimpose other materials (such as lenses or filters) over any relevant content,

UEFA’s approval of the manner of the proposed use of relevant content (and the terms of any relevant sub-licence) may be subject to additional conditions (which will be determined on a case-by-case basis).

G.5.3.11

In addition to the take-down requirement set out in Annex G.5.3.9 without prejudice to Annex G.2.9, clubs acknowledge and agree that UEFA may at any time (at its sole discretion) notify the clubs that they are no longer permitted to make certain specified relevant content (or any and all relevant content) available on a specific third-party digital service (for example, if UEFA believes that the reputation of the third-party digital service operator is not commensurate with the reputation of the UEFA Europa Conference League, or if the relevant third-party digital service operator has not taken sufficient steps to combat content piracy). Upon receipt of any such notification, the club shall immediately:

  1. remove any specified relevant content from such third-party digital service; or

  2. remove any and all relevant content from such third-party digital service;

it being agreed that, in such circumstances, UEFA shall, as part of such notification, set out the reasons why the applicable relevant content may no longer be made available on the relevant third-party digital service.

G.5.3.12

Each club acknowledges and agrees that it shall remain fully liable to UEFA in respect of any liability which flows from the club having made available any relevant content on any third-party digital service.

G.5.3.13

For the avoidance of doubt, the commercialisation of third-party digital services used to make available footage under the Club Media Rights Guidelines is subject to UEFA’s prior written approval.