I DECLARE
"DIGITALIFE" Project: DISCLAIMER FOR FILMED SUBJECTS UNDER THE AGE OF 18 YEARS OLD
VARESE WEB S.r.l., with offices in Via Miglio, 5 - 21045 Gazzada Schianno, Italy, intend to create a project, entitled “DIGITALIFE”, that speaks about how the world and people’s lives have changed in the last 20 years, thanks to digital tools and the Internet. It will be produced with contributions by anyone that wants to send in a video.
This project will entail the creation of a number of audio-visual works, to be broadcast in cinemas and/or on television and/or over the Internet and/or published and/or using any means of communication and broadcasting, and stored in a digital archive (hereafter, the “Project”).
I, THE UNDERSIGNED:
Hereby authorise Varese Web to use reproductions of the underage subject image, name and voice and/or other sounds produced by him (the “Videos”) and to transfer the Videos to VARESE WEB S.r.l., for them to be used, under the terms and conditions indicated below. Thus,
I DECLARE
that the testimonies, interviews and/or statements issued by the underage subject – including data, information, statements, narrations, descriptions, reconstructions, opinions concerning facts, circumstances, places, events and people that he refers to, describes and/or presents during the Videos (hereafter, collectively referred to as the “Interviews”) are true and do not contain any element whose nature or purpose is to do direct, indirect or subliminal advertising, that might harm the personal or property rights of third parties;
that the documents and materials (such as, written documents, photographic and/or audio-visual material) presented by him and/or provided in the Videos (hereafter, the "Materials") are legally owned by him and do not harm the personal and/or property rights of third parties;
in the event of the Videos being made in private places and spaces owned by him, or of which I am the holder and/or tenant, I hereby give full authorisation to broadcast the images of these spaces as they appear in the Videos;
VARESE WEB S.r.l. will have the right to pass this Disclaimer, and/or the rights covered by it, on to third parties, and I guarantee that the underage subject and I have not given third parties rights that conflict with and/or are in any way detrimental to this Disclaimer. I accept every responsibility for any claim, expense and damage resulting from the use and broadcasting of his image and/or of his voice, of his name, of the Interviews and/or of the Videos or of the violation of any of the guarantees and statements made by me in this Disclaimer.
I AUTHORISE
VARESE WEB S.r.l., their successors and/or anyone having cause:
portray and/or reproduce the Interviews with any means;
portray and/or reproduce underage subject image and voice and/or his name and/or any other element relating to his person as portrayed in the Videos and in the Materials;
for the purposes of, and by including and using them, in whole and/or in part, in the Project and/or in any work and/or project inspired by and/or deriving from all or part of the Project (hereafter, the “Derived Projects”), and for the purposes of developing and economically exploiting the Project and/or the Derived Projects, to use the recordings of the Interviews, of his image, of his voice, of his name and of the Materials (hereafter, the “Recordings), in whole and/or in part – or not to use, with and/or also without indication of his name – without territorial or time limits, granting VARESE WEB S.r.l., their successors and/or anyone who has cause, the broadest right for economic use, with the faculty to transfer to and/or give permission to third parties, also without restriction:
the right to portray and reproduce the Recordings, individually or in association with other recordings, images, voices, works, written documents and/or voices, for the purposes of producing any support, work, material and/or product in any format and/or support, known today and/or that will be developed in the future, relating to and/or intended for completing the Project and/or Derived Projects, including audio-visual works of any kind, format and language, in colour or in black and white, in one or more versions, with sound and/or silent and/or reduced, such as film works and/or television programmes and/or multimedia and/or videos and/or promotional materials and/or trailers and/or teasers and/or featurettes, fillers, documentaries, behind the scenes, or any other work based on or relating to the Project and/or to the Derived Projects, including databases and digital archives and/or editorial works, using any technical recording and/or projection system known today or that will be invented in the future (hereafter, the “Works”);
the right to develop, adapt, reduce, dub, subtitle, synchronise, translate into any language and/or modify the Recordings, or part thereof, and to link them with or into other works and/or other data and/or materials and/or artistic performances and/or original works and/or to make any change that is technically and/or technologically necessary, also for the purposes of inserting breaks for advertising and/or for the purpose of manufacturing products and/or supports and/or audio-visual and/or multimedia and/or editorial formats that serve to exercise the rights indicated in point c) below, and/or that is requested by the appropriate authorities in any country of the world, for the purposes of obtaining authorisation, censorship licence and/or similar authorisations necessary to allow viewing and/or enjoyment of the Recordings, Works, Project and/or Derived Projects by a certain audience, and/or necessary for the purposes of including advertising and/or promotional messages of any kind during the viewing and/or enjoyment by the audience of the Recordings, Works, Project and/or Derived Project;
every right to make, produce, publish, reproduce, show in public, spread, communicate to the public, make available to the public, distribute, put on sale, rent out, lend and promote the Recordings, Works, Project and/or Derived Projects, in any form or way, in any format and with any means, support or process known today or that will be invented in the future, for example:
rights for “theatrical”, “non-theatrical” and “public video” projection, in any form, method and format, and with any means known today or that will be invented in the future, of all or part of the Recordings, Works, Project and/or Derived Projects, on public distributions and/or cinemas, or on ships, aeroplanes, in hotels, schools, hospitals, arenas, stadiums, universities, military bases, closed institutions and in other public places or places that are open to the public;
“television” rights, to spread, broadcast and/or rebroadcast and/or communicate to the public, all or part of the Recordings, Works, Project and Derived Projects, in any form, linear and/or non-linear, free of charge and/or on payment, including the so-called Free TV, Pay TV, PPV, NVOD, VOD, in any format and with any means known today or that will be invented in the future, also without restriction, broadcasting over the airwaves, via satellite, via cable, using networks and/or telecommunication and/or electronic sites, analogue, digital or interactive systems, Internet TV, IPTV, DVB-H, DMB, DVBX and any other means known today or that will be invented in the future;
“home video” and “multimedia” rights, to reproduce, promote, distribute, market and communicate to the public, all or part of the Recordings, Works, Project and Derived Projects, on and by means of any video and/or audio and/or audio-visual support and/or interactive, or non-interactive multimedia support, or copy thereof, able to produce or reproduce or allow access to moving pictures (with or without sound), sounds, voices and/or other data, known today or that will be invented in the future, including, without restriction, videocassettes, videogames, VCD, SVCD, DVD, HD-DVD, BD, CD, CD- ROM, CD-I, games, files and digital or electronic databases, using any distribution and/or communication channel, including, without restriction, rental, sell through, public video, commercial video, newsstands, networks and/or telecommunication and/or electronic sites, including the Internet;
“electronic communication” rights, to reproduce, promote and communicate to the public the Recordings, or part thereof, Works, Project and Derived Projects, in any form, manner, format and language, and with any means known today or that will be invented in the future, using any network and/or system and/or technology and/or service and/or communication website and/or electronic and/or digital and/or computer transmission known today or that will be invented in the future, including, for example, the Internet, IPTV, downloading and online streaming, mobile (UMTS, GPRS, WAP, MMS) and fixed communication, with the broadest power for material and non-material reproduction, and for POINT TO POINT, MULTIPOINT and peer to peer (P2P) numerical transmission;
“ancillary” rights, to promote, advertise and market, including, without restriction, merchandising, sponsorship, product placement and premium rights, relating to all or part of the Recordings, Works, Project and/or Derived Projects, including, without restriction, their characters, their scenes and/or video frames and/or any other component of them;
rights to publish, reproduce, promote, distribute and market the Recordings and/or part thereof, Works, Project and Derived Projects and/or literary works, editorial, audio-visual and/or multimedia products based on, taken from and/or that reproduce and use all or part thereof, including frames and/or scene photos, on and by any means, product and/or editorial support, also electronic and/or digital, by any distribution and/or communication channel, including, without restriction, networks and/or telecommunication and/or electronic sites, including the Internet;
rights to make and/or produce and economically exploit other audio-visual works that are inspired by and/or derive from all or part of the Recordings, Works, Project and Derived Projects, including the characters, or that constitute “prequels”, “sequels”, “remakes”, “spin-offs”, “serialisations” or “novelisation” of the Works and/or Project and/or Derived Projects;
any additional and different right for the economic use of the Recordings, Works, Project and Derived Projects, even when not strictly related to their film, audio-visual, television, multimedia, interactive or electronic use, that can benefit VARESE WEB S.r.l., their successors and/or anyone that has cause, also for the purposes of a broader and fuller economic exploitation of the Recordings, Works, Project and Derived Projects, and their broader and more satisfactory safeguarding and protection.
the right to use the Recordings and/or part thereof, in any form and manner, and using any means, also in fields and for purposes other than those indicated above.
to treat the personal data (including sensitive data that requires additional, specific consent, as explained below) contained in the Interviews, in the Materials and in the Recordings, using computer, telecommunication and manual methods, for the purposes indicated in the section below.
At the same time, these authorisations are granted for reproduction of his image, his voice and/or his name and/or any other element relating to his person, as portrayed in the Videos and in the Materials, for use of the Videos (whole, or in part, alone and/or combined with and/or within other works, programmes and contents) on premises for communicating to the public, by remote showing/broadcasting and/or making available to the public, at a time and place chosen by the user, with or without payment, on so-called Free TV or Pay TV.
I ACKNOWLEDGE
that the rights indicated above are independent of each other, and therefore, that the exercising by VARESE WEB S.r.l., their successors and/or anyone having cause of one of them does not exclude the exercising of the others, and that VARESE WEB S.r.l., their successors and/or anyone having cause, may choose not to exercise one or more of the above-mentioned rights, without my considering this failure to exercise default on this Disclaimer and/or damage to his honour and/or reputation;
that the rights listed above are granted without the payment of money; any inclusion of the Videos in the Project and/or in the Derived Projects, and the visibility acquired, constitutes fair payment for the rights granted, the guarantees provided and the obligations accepted by me with this Disclaimer; I therefore declare that neither I and the underage subject nor any third parties (including any collective rights management societies I might belong to), will expect to receive anything from VARESE WEB S.r.l. and/or from their successors and/or anyone having cause.
that, for no reason will use of the Videos in the Project and in the Derived Projects be considered by me detrimental to the underage subject rights, honour or reputation;
that VARESE WEB S.r.l. will have no obligation to use the Videos, Recordings and/or Interviews and/or Materials in the Project and/or in the Derived Projects, nor otherwise.
I AUTHORISE
VARESE WEB S.r.l. to handle the personal data (including sensitive data that requires additional specific consent, as explained below) contained in the Videos, in the Interviews, in the Materials and in the Recordings, with computer, telecommunication or manual methods, for the purposes indicated in the section that follows. The information gathered during the making of the Videos, Recordings, Interviews and/or Materials of the Project and/or of the Derived Projects, may also relate to private homes, or at least, places not open to the public. This information will also be treated as personal data, in accordance with Italian Legislative Decree No. 196, of 2003, as explained better in the section at the end of this Disclaimer.
Signing of the Disclaimer and for the treatment of mutual data:
TREATMENT OF PERSONAL DATA
Background information, in accordance with Art. 13 of Italian Leg. Dec. No. 196/2003.
I, the undersigned, in accordance with, and as a consequence of Italian Legislative Decree No. 196, of 2003, hereby state that I have been informed by VARESE WEB S.r.l. that the personal data and information provided by me and the underage subject and/or made known in the Videos will be treated in accordance with Italian Legislative Decree No. 196, of 2003, and, to this end, as all of the information contained in the Videos themselves has been voluntarily and freely provided, it may, in any field, and in relation to any material and/or product and/or work produced as part of the Project and/or of the Derived Projects, contain “sensitive data” (insofar as the data provides information about his life or sexual orientation, political, trade union, philosophical or religious beliefs, and state of health). In giving my explicit consent to the use of this data, as I sign this Disclaimer below, I hereby agree to VARESE WEB S.r.l. handling any data considered "sensitive" that is contained in the Videos, Recordings, Interviews and/or Materials.
The information gathered during the making of the Videos and their contents and the Project and/or the Derived Projects may also relate to private homes or, in any case, to places not open to the public. This information will also be treated as personal data, in accordance with Italian Legislative Decree No. 196, of 2003, as explained below.
It is specified that the treatments made as part of the Videos may be compared to temporary treatments for the occasional publication of articles, essays and other expressions of the mind. In this case, the provisions for the work of the journalist contained in Italian Legislative Decree No. 196, of 2003 (Art. 136 and following) apply, and as a result, no consent is necessary, as the personal and sensitive data relates to circumstances or facts made known directly by those concerned, or by their behaviour, made willingly known to the public.
In accordance with, and as a consequence of Italian Legislative Decree No. 196, of 2003, I, the undersigned, hereby state that I have been informed, in accordance with Article 13 of the above decree, that the treatment of the underage subject personal data (including any sensitive data, using the methods mentioned above) will be done by VARESE WEB S.r.l. for the following purposes:
selection of the Videos, Recordings, Interviews and/or Materials for inclusion in the Project and/or in the Derived Projects;
in order to be contacted by the editorial staff of VARESE WEB S.r.l., of the Project and/or of the Derived Projects;
duties directly and/or indirectly connected with the organisation and making of the Project and/or of the Derived Projects, as described above in the text of the Disclaimer.
Provision of the data is entirely optional; however, my refusal to provide this data will have the effect of preventing the inclusion and use of the Videos, Recordings, Interviews and/or Materials in the Project and/or in the Derived Projects, by VARESE WEB S.r.l. The underage subject personal data, including his image, his voice and his name, will be made known to the public, in full or in part, and included in the Project and/or in the Derived Projects, and will be communicated to third parties involved in the making, production, promotion, marketing and any other exploitation of all or part of the Project and/or of the Derived Projects, for example: producers of video and sound clips, production companies and editing laboratories, advertising agencies, distributors, television broadcasting companies and ISPs, who will treat it in their roles as Independent Holders.
This personal data will be sent to every country where the Videos, Recordings, Interviews and/or Materials, wholly or partly included in the Project and/or in the Derived Projects, the Project itself and/or the Derived Projects are promoted, marketed or otherwise exploited; I will be able to exercise the rights mentioned in Article 7 of Italian Legislative Decree No. 196, of 2003, which I hereby state I am aware of, the rights reserved for the underage subject should his personal data be treated in violation of the law, and the right to deny treatment for legitimate reasons, even if relevant to the purpose of collection, by writing to VARESE WEB S.r.l. to the email address digitalife.film@gmail.com, to the attention of their legal representative, Marco Giovannelli.
Consent to the treatment of the underage subject personal data and to the use of his image, his name and his voice and/or other sounds produced by him during the making of the Videos, may be withdrawn by writing to the email address digitalife.film@gmail.com, only until the Videos, Recordings, Interviews and/or Materials are included in all or part of the Project and of the products and of the Works that form part of it, and, therefore, until the beginning of the pre-editing phase of each part and/or Product and/or Work in the Project. After this time, removal of the Videos will be at the discretion of VARESE WEB S.r.l.
The holder of the treatment of the underage subject personal data, as defined in Italian Legislative Decree No. 196, of 2003, is VARESE WEB S.r.l., with offices in Via Miglio, 5 - 21045 Gazzada Schianno, Italy. In accordance with, and as a consequence of this decree, and after reading this information document, I hereby state that I authorise VARESE WEB S.r.l. to treat the underage subject personal data for the purposes and with the methods indicated above and indicated in the Disclaimer, and to pass on and communicate this data, for the same purposes and with the same methods.
I am aware that it is necessary to provide the data for the purposes indicated above and that it will be kept for the time necessary to complete the Project and/or the Derived Projects, including in an online archive available to the public, dedicated to the Project itself.
