1. General
The usage rights for voice recordings are only transferred after full payment has been made. The recordings themselves cannot be purchased, as ownership and copyright are not transferred. The usage rights grant the license to use the voice recording for the specified purpose and period of time. If the recordings—or parts thereof—are used beyond this scope, a new buyout fee will be charged in accordance with the current VOICE list.
2. Exclusivity
The compensation for the voice recording does not constitute exclusion of competition. However, full exclusivity (e.g., no other advertisements for a certain period of time) or partial exclusivity (e.g., no other coffee advertisements for a certain period of time) can be agreed upon in individual cases and for an additional fee to be negotiated. This (partial) exclusivity agreement must be in writing.
3. Television and radio contributions
The general terms and conditions of the broadcasting and television stations do not automatically apply. The individual agreement between the parties is decisive. Unless a separate contractual agreement has been made, the following conditions apply as appropriate.
4. Advertising layouts (radio, TV, cinema, and online layouts)
With payment for a layout, the client receives the right to use the voice recording for presentations and market tests. At the layout stage, the client is also permitted to create any number of motives from the voice material. However, the layouts may not be broadcast or delivered on the Internet or otherwise made available to the general public, e.g., for advertising, information, or sales purposes. In the event of broadcast or partial use, an additional usage fee is due.
5. Pure commercials (radio, TV, cinema, and Internet commercials)
5.1. With the payment of a commercial, the client receives the right to broadcast the respective commercial in the agreed medium, unless otherwise agreed, limited to Austria for a period of one year. The usage rights apply from the date of first broadcast. If the date of first broadcast is not specified, the date of recording applies.
5.2. With the broadcasting rights for Austria, the client also receives the right to broadcast on those channels that can be received throughout Europe and are based in Austria. For each additional country (e.g., Germany, etc.), an additional usage fee is due for the corresponding medium. If the client uses a commercial or parts thereof to produce another/new commercial, an additional usage fee is due in each case; the same applies to a change of medium, e.g., if a radio commercial (or parts thereof) is turned into a cinema commercial.
5.3. The same applies to the broadcast 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. For the production and distribution of videos and other multimedia applications that are offered for sale or used for advertising purposes, separate usage fees are also payable, depending on the volume of circulation. This also applies to streaming deliveries.
5.4. Only radio commercials for local stations have a special status: Here, the fee is lower because the broadcast area is strictly limited. A local radio spot covers broadcasting on any number of stations in a single local area or region with a catchment area of up to 1 million inhabitants. Alternatively, these may be the station’s own advertising productions that run exclusively on that station.
6. Fees
6.1. Unless otherwise agreed upon, the current price list of the VOICE voice actors’ association, which is available at any time on the association’s website, applies to the respective fees.
6.2. The invoice issued by the voice actor is due for payment immediately without deduction. In the event of late payment, interest on overdue payments of 1% per month shall be payable from the 15th day.
6.3. In the event that the client is unable to meet a production date, a cancellation fee of €350 shall be payable, unless the client cancels the production at least 24 hours (working days Mon-Fri) before the agreed date. If Patrick Messe is unable to meet an agreed production deadline for reasons beyond his control, such as illness or force majeure, for which he must provide evidence upon request, he shall not be liable for any associated costs incurred by the client.
6.4. The appointment with the recording studio is also considered an order from the client.
6.5. Errors for which Patrick Messe is responsible (e.g., pronunciation errors) must be reported within 14 days of acceptance. Corrections will be made free of charge within this period. After 14 days, the client will be charged a fee of 50% of the order value for a new recording.
6.6. Wurde eine Sprachaufnahme durch den persönlich anwesenden bzw. direkt zugeschalteten Auftraggeber oder durch eine von ihm beauftragte Person abgenommen, können nach dieser Abnahme keine Mängelrügen mehr erhoben werden. In einem solchen Fall gilt eine Korrektur der ursprünglichen Aufnahme als neu zu honorierende Aufnahme.
6.7. Muss ein Text nach Aufnahme aufgrund von Textänderungen neu aufgenommen werden, gilt dies ebenfalls als neu zu honorierende Aufnahme.
7. Duty to provide information
7.1. The client is obliged to inform Patrick Messe prior to the first broadcast or use when a voice recording (layout or spot), whether in its original or modified form, is to be used via the originally agreed medium or another medium or with other parameters. If, in justified exceptional cases, the client is unable to provide this information in a timely manner, they must in any case submit it no later than 14 days after the first broadcast.
7.2. If the client fails to comply with this obligation to provide information within the specified period, Patrick Messe may charge interest of 1% per month on the invoice amount for the period between the date on which the information was due and the date on which Patrick Messe becomes aware of the use. The right to charge interest on outstanding payments in the event of late payment after invoicing remains unaffected.
8. Third-party transfer and use for AI
The use of the likeness or voice, its modulation, timbre, associated gestures, and all comparable characteristics of the speaker is permitted exclusively for the purpose precisely defined in this contract and the specific production. The use of the likeness or voice and all of its characteristics for feeding (including text and data mining) , archiving, training, simulation, or other activities in the context of artificial intelligence (AI), machine learning, robotics, computer games, or any other methodology aimed at using or modifying the voice (including voice cloning), as well as the transfer or sale to third parties for these purposes, is not permitted without express agreement.
9. Breach of contract
In the event of a violation of the duty to provide information or in the event of the use or distribution of a voice recording, layout, or commercial contrary to the agreement, e.g. beyond the agreed period, area, or medium, the client undertakes—without affecting the obligation to pay the corresponding usage fee—to pay Patrick Messe a contractual penalty amounting to three times the fee for each case of infringement, excluding the assumption of a continuing offense. The client shall be liable to the same extent for infringements caused by third parties involved in the production at the client’s instigation.
10. Liability
Patrick Messe is not liable for the content of the productions.
11. Validity of the General Terms and Conditions
The above General Terms and Conditions shall be deemed to have been agreed upon when the order is placed with Patrick Messe; otherwise, the client’s General Terms and Conditions shall not automatically apply. The definitions and conditions of the VOICE fee list valid at the time the order is placed shall apply to the respective layouts and/or uses.
12. Applicable law / place of jurisdiction
These General Terms and Conditions and all legal relationships between the contracting parties are governed by the laws of the Republic of Austria. The place of jurisdiction is the place of residence of Patrick Messe.
13. Final provision
Should any clause in these General Terms and Conditions or any provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
Due to membership, the General Terms and Conditions are based on the industry-standard recommendations of the Austrian voice actors’ association VOICE and the German voice actors’ association VDS.