Summary of the rules in English (unofficial translation)
the Board of the Estonian Public Broadcasting
with the decision No. 2.1
1. General terms
1.1 This document (hereinafter the rules) establishes the terms and procedures of the song contest "EESTI LAUL 2022" (hereinafter: song contest or contest) arranged by the Estonian Public Broadcasting.
1.2 The song contest has four stages: the pre-audition, four quarter-finals from 20 November to 11 December 2021, two semi-finals (on 3 February and 5 February 2022) and a grand finale (on 12 February 2022).
1.3 Events of the song contest are organized, and all related matters are resolved by the Estonian Public Broadcasting (hereinafter the ERR).
1.4 The ERR contact details: address Faehlmanni 12, 15029 Tallinn; 7th floor, room 7115; e-mail [email protected]
1.5 By participating in the song contest, the participants agree to uphold the terms of these rules and the rules established by the European Broadcasting Union (the EBU) for the Eurovision song contest "Rules of the 66th Eurovision Song Contest" (paragraph 12.2); they also agree to collaborate with the ERR during the song contest and to grant to the ERR all the rights that permit the use of songs, song performances, recordings and song related promo materials.
1.6 By participating in the song contest, all participants agree to the terms of personal data processing in the extent and according to the procedures established in paragraph 11.
1.7 By participating in the competition, participants agree to abide by the requirements and restrictions established by the Government of the Republic, other legislation and the ERR (including the health certificate and virus test check, etc.).
2. Songs eligible for the contest
2.1 Only the final and the master version of the song can be entered to the song contest. The song must meet the following requirements:
2.1.1 length of the performance is no longer than 3 (three) minutes;
2.1.2 the song has original (authentic) lyrics and music;
2.1.3 participants or third parties have not and shall not publish (release or relay to the public) the lyrics or the music of the song until 20 October 2021. The ERR announces the quarter-finalists unless decided otherwise;
2.1.4 the song and its performance are in accordance with the law and/or good practice, and do not have a negative impact on the image of the song contest or the Eurovision Song Contest.
2.2 Performer(s) and performance(s) must meet the following requirements:
2.2.1 up to six (6) people are allowed onto the stage during the performance;
2.2.2 same author(s) and performer(s) partake in all the stages of the contest;
2.2.3 the date of birth of the performer(s) is no later than 10 May 2006;
2.2.4 the song is not performed by a person who, in the same year, is performing another country's entry for the Eurovision Song contest or is competing for that title.
3. Authors and performers
3.1 Authors, groups of authors (hereinafter: author, authors) who are allowed to participate in the song contest must be either: citizens of the Republic of Estonia, non-natives considered as residents of the Republic of Estonia for the purposes of the Income Tax Act, or non-residents (according to the distinction stipulated in paragraph 3.2. All authors must prove their authorship if necessary.
3.2 Non-resident authors can participate in the song contest if they meet the following requirements:
3.2.1 non-resident author can participate only as a song's co-author;
3.2.2 the music of the song can have only one non-resident co-author;
3.2.3 the lyrics of the song can have only one non-resident co-author;
3.2.4 a song cannot have more than two (2) non-resident co-authors;
3.2.5 at least one author of the music must be either Estonian citizen or resident;
3.2.6 at least one author of the lyrics must be either Estonian citizen or resident.
3.3 Song's performer(s) may be citizens, residents, and non-residents of the Republic of Estonia.
3.4 One author or group of authors of music and/or lyrics can participate in the contest with up to five (5) songs.
3.5 One single performer or a group of performers can submit up to five (5) songs.
3.6 Each participant shall pay a participation fee. The amount includes the VAT and depends on the time when the song was entered to the contest:
3.6.1 from 2 September to 17 October 2021 (until 23.59), €50 for a song in Estonian, €100 for a song in a foreign language or a multilingual song;
3.6 from 18 October (from 00.00) to 20 October 2021 (until 12.00), €100 for a song in Estonian, €200 for a song in a foreign language or a multilingual song
3.7 This fee shall be paid to the ERR's bank account via a bank link. The payment description shall include the name(s) of the performer(s) and the title of the song. If the author(s) or performer(s) submit more than one song to the contest, the participation fees shall be paid separately for each song. The participation fee is non-refundable.
3.8 If necessary, the fee is used to cover "EESTI LAUL 2022" winner's participation expenses in the 66th Eurovision Song Contest.
3.9 Each semi-finalist shall select a representative, who communicates with song contest organizers, takes responsibility for all the matters related to their song and is obliged to be present in stage show meetings.
4. Submission of songs
4.1 Songs can be submitted from 2 September 202 to 20 October 2021 (until 12.00). Songs and all the additional materials listed in the rules shall be uploaded to the ERR web page eestilaul.ee.
4.2 To participate in the contest, the following shall be submitted and uploaded together with the song:
4.2.1 up to 2 (two) tracks in WAV format:
220.127.116.11 a high-quality track (full master) of the song;
18.104.22.168 an instrumental backing track of the song without backing vocals;
4.2.2 song's lyrics (Estonian translation is required if the lyrics are not in Estonian);
4.2.3 short biography of the performer(s) in a PDF file. The biography should describe their previous stage and television appearance experiences.
4.2.4 promotional photograph(s) (up to five different images) of the performer(s). Also, a video of the soloist's previous live performance can be added (up to 3 minutes long).
4.2.5 vision/explanation of the song stage performance in a PDF file.
4.3 Tracks described in paragraph 4.2.1 shall meet the following requirements:
4.3.1 instrumental backing track may include back vocals (vocal harmony);
4.3.2 instrumental backing track with backing vocals may not contain vocal effects (only the use of reverb and delay are allowed);
4.3.3 instrumental backing track may not include the lead vocal, lead dub or the lead vocal in octave;
4.3.4 all the above mentioned (lead vocal, lead dub and lead vocal in octave) shall be performed live;
4.3.5 if backing vocals are used on the instrumental backing track, these can be dubbed in live;
4.3.6 a cappella song shall be performed live.
5.1 Based on the jury's vote, up to 40 songs that comply with the requirements stated in the rules, advance to the quarter-finals. The jury assesses the songs "blindly", i.e. they do not know the song's authors. The identities of jury members shall not be disclosed until the results have been announced.
5.2 An equal number of Estonian and foreign language/multilingual songs will be selected for the quarter-finals.
5.3 The names, authors and performers of the songs selected from the preliminary round to the quarter-finals will be selected not published by ERR no later than 27 October 2021. The points awarded to the songs and the order of the songs are not disclosed.
5.4 The songs selected from the preliminary round to the quarter-finals will be announced by ERR in the quarter-finals between 20 November to 11 December 2021. 10 (ten) songs will compete in each quarter-final based on music videos. The order in which the songs are performed is determined by the ERR.
5.5 A music video must be made for the songs selected for the quarter-finals by the song ensemble and it must be handed over to ERR no later than 15 November 2021.
5.6 20 (twenty) songs will be selected from the quarter-finals to the semi-finals: 5 (five) songs will be selected from each quarter-final, of which 3 (three) songs will be selected by the viewers live by telephone and 2 (two) songs will be selected by the jury.
5.7 If the telephone voting fails for technical or other reasons, the songs that reach the semi-finals will be determined only by a vote by the jury.
5.8 Introduction to songs:
5.8.1 from the submission of the materials referred to in clause 4.2 to ERR, ERR has the right to use songs, their performances, phonograms, music videos and other materials in any way in the context of the competition (incl. in programs, promotional events and campaigns related to the competition). ERR has the right to sub-license to third parties for this purpose.
5.8.2 after the release of the songs in the quarter-finals, the authors, performers and third parties may direct the songs to the public and contribute in any way to the promotion of the songs (except for use to promote third parties, their goods and/or services), unless ERR decides otherwise.
5.9 Songs that were not selected for the quarter-finals will not be used by ERR and the materials mentioned in section 4.2 will be deleted.
6. Semi-finals and the grand finale
6.1 The ensemble of the song competing in the semi-finals must send separate audio lines (stems) of the song to ERR no later than 3 January 2022, the technical requirements of which are described in Annex No. 1.
6.2 Authors and performers of songs that have reached the semi-finals and finals must be available for performances in various ERR programs, rehearsals and promotional events and campaigns related to the competition between 20 November to 13 February 2022. The super finalists are obliged to perform at the special event (s) of "Eesti Laulu" in April-May 2022. The exact date and place of performance will be decided by ERR no later than 8 March 2022.
6.3 From 22 November 2021 to 13 February 2022, semi-finals and finals meetings, postcard recordings, samples and interviews, etc. will be held with performers and authors under the following conditions:
6.3.1 the date and time of the recording of the song postcard is determined by the ERR;
6.3.2 rehearsal dates, times and lengths are set by the ERR;
6.3.3 the performer(s) and author(s) of the songs must be the same as on the track described in paragraphs 4.2.1 and 6.1, unless the ERR has agreed otherwise due to effective reasons;
6.3.4 the ERR holds the definitive vote when deciding the use of stage design and props; costumes, hairdo and stage movement of the performers;
6.3.5 the person specified in clause 3.9 shall ensure the participation of the performers in all the samples and live broadcasts of the competition on the dates given by the ERR;
6.3.6 authors and performers or their representatives must participate in the information meetings and in the stage show meetings in November-December 2021 (according to schedule).
6.4 The semi-final concept of the stage performance, also the song's one-shot video shall be presented to the ERR no later than on 3 January 2022. It costs 200€ (VAT included) to change the concept after that date. The ERR determines whether to give or withhold the permission to change the concept.
6.5 If the performers cannot perform their song in the semi- and grand finales due to a temporary force majeure, but the ERR has sufficient reason to believe that they can prepare for and perform in the Eurovision Song Contest, and the authors have submitted a written request, the ERR may make compromises in the semi- and grand finales (e.g. allow the use of full master).
7. Voting and rating
7.1 In the semi-finals and finals, the songs will be performed live with a background phonogram.
7.2 10 (ten) songs will compete in both semi-finals. 5 (five) songs will be chosen from both semi-finals. 10 (ten) songs will compete in the final.
7.3 The order of the songs to be performed in the semi-finals and the grand finale is determined by ERR.
7.4 Semi-finalists shall be decided in two live TV broadcasts on 3 and 5 February 2022. Both semi-finals have two rounds: winners of the first round are decided by the jury vote and TV viewers' phone votes, and winners of the second round are decided by the viewers' phone votes. If the ERR deems necessary, user statistics from online environments shall be added to the votes to determine the results of the first round.
7.5 Estonian representative at the 66th Eurovision Song Contest is decided during the live broadcast of "EESTI LAUL 2022" on 12 February 2021. The grand finale has two rounds: winners of the first round are decided by the jury vote and TV viewers' phone votes, and the winner of the song contest is decided by the viewers' phone votes in the second round (the super-final).
7.6 If the phone voting fails due to whatever reason, the finalists and the winning song of the whole contest are decided by the jury vote.
8. Conclusion of contracts and requirements arising from the contracts
8.1 Written agreements will be concluded between the authors, performers and phonogram producers of the songs selected for the semi-finals from 20 November 2021 to 20 January 2022, setting out the rights and obligations of the parties regarding the participation of the songs in the competition and possible participation in the Eurovision Song Contest. The agreement also provides for the use of intellectual property rights related to songs, their performances and recordings.
8.2 Contracts are concluded between the ERR and the author (a physical person), the ERR and the performer (a physical person) or their representative (see paragraph 9.3), and between the ERR and the track producer. If author's, performer's or track producer's rights are executed by an association of collective representation, this particular contract amends the extent of ERR's rights beyond the extent granted by the framework agreement concluded with the association of collective representation.
9. Author's and performer's fee
9.1 Reimbursements to the authors of songs performed in the semi- and grand finales:
9.1.1 author(s) of the song that became the winner(s) of the grand finale receive(s) €3000 in total, which is disbursed as grant by the Estonian Author's Society;
9.1.2 author(s) of the song that placed second in the grand finale receive €2000 per song;
9.1.3 author(s) of the song that placed third in the grand finale receive €1000 per song;
9.1.4 author(s) of the song that placed fourth and each subsequent place in the grand final receive €500 euros per song;
9.1.5 author(s) of songs that compete in the semi-finals, irrespective of their final position, receive €500 per song.
9.2 All taxes and payments established by the law shall be deducted from the author's fees and fees are transferred to author(s) bank account(s) within 30 days after the finale.
9.3 In case of co-authorship, as an additional condition, the ERR requires either a written contract on the allotment of the author's fee or foresees that this practice shall be included in the contract between author's representative and the ERR (see paragraph 8.1).
9.4 If the author participates as a self-employed entrepreneur or via a business association, as an additional condition on the reimbursement of author's fee, the ERR requires that a relevant invoice (and, in case of co-authorship, the agreement stipulated in paragraph 9.3) is presented to the ERR. If the participating author, who is a self-employed entrepreneur or partaking via a business association, is also subject to VAT, the VAT is added to the author's fee. The invoice must be sent to the ERR by 30 June 2022 the latest. The ERR does not accept invoices sent after that date.
9.5 Reimbursements to the performers of songs performed in the semi- and grand finales:
9.5.1 performer(s) of the grand finale that became the winner(s) receive(s) €1000 in total, which is disbursed as grant by the Estonian Performers Association;
9.5.2 performer(s) of the song that placed second in the grand finale receive(s) €1000 in total, which is disbursed as grant by the Estonian Performers Association;
9.5.3 performer(s) of the song that placed third in the grand finale receive(s) €1000 in total, which is disbursed as grant by the Estonian Performers Association;
9.5.4 soloists of songs that participate in the semi- and grand finales receive €100 per performer per song, irrespective of the final position of the song;
9.5.5 backing vocalists of songs that participate in the semi- and grand finales receive 50 € per performer per song, irrespective of the final position of the song.
9.6 Reimbursements to the track producers of songs performed in the semi- and grand finales:
9.6.1 track producer of the winner of the grand finale shall receive €1000, paid by the Estonian Association of the Phonogram Producers.
9.7 Performers' and track producer's fees are paid according to the terms stipulated in paragraphs 9.2–9.4. All grants paid by the Estonian Performers Association follow the conditions established in the principles and procedures of grants reimbursement.
9.8 The sums listed in paragraphs 9.1, 9.5, and 9.6 also include the fees payable due to using songs, performances, and recordings for the purposes, in the manner and according to the terms stated in these rules.
9.9 The ERR shall not reimburse to the authors and performers the costs that have occurred during their participation in the song contest and/or the Eurovision Song Contest, e.g., transport and parking costs, except for the occasions stipulated in these rules or in the contract concluded as per paragraph 7.1.
10. Use of the winning song
10.1 The contract concluded with the author(s) (see section 8.1) establishes the following conditions, which take effect when the song wins the finale:
10.1.1 in return for the authors' fee listed in paragraph 9, song author(s), performer(s) and track producer(s) shall provide to the ERR a transferable right (right to provide sub-license) to use the song, its performances and recordings according to the purposes, in the manner and according to the terms set out in the Eurovision Song Contest rules, and to produce a record single of the song;
10.1.2 the ERR has the final word in the stage performance of the Eurovision Song Contest song, including its stylistics, choreography, visuals, and staging;
10.1.3 the ERR shall make decisions about the recordings that are made according to the rules stipulated in the Eurovision Song Contest's rules;
10.1.4 the ERR shall send and the performer(s) shall participate in the semi-finals of the 66th Eurovision Song Contest as part of the ERR's delegation. If qualified, they shall participate also in the grand finale and relevant events held during three (3) weeks;
10.1.5 if required and possible, one author, producer or a third person (with approval from the ERR), who is related to the creation of the song, shall be included in the ERR delegation and can participate in the semi-finale of the Eurovision Song Contest. If qualified, then they shall participate also in the grand finale and relevant events;
10.1.6 the ERR shall reimburse the costs of sending the persons listed in sections 10.1.4 and 10.1.5 to the Eurovision Song Contest according to the terms and the extent established for secondment;
10.1.7 the ERR and the author(s), performer(s), and track producer(s) of the song shall work together to fulfill the requirements of the Eurovision Song Contest and to gain the best possible results.
10.1.8 the persons listed in sections 10.1.4 and 10.1.5 are obliged to adhere to the restrictions (including the health certificates, virus test check, etc) imposed at the venue of the Eurovision Song Contest and other related events/places of recording(s) in order to prevent the spread of COVID-19 caused by SARS-CoV-2.
11. Terms of personal data processing
11.1 The ERR collects and processes as personal data: authors', performers', and track producers' data that has been listed in sections 4 and 6 of these rules or that have been provided with the contracts (see section 8).
11.2 Personal data processing is necessary to facilitate the song's participation in the song contest, winning the song's participation in the Eurovision Song Contest and to fulfill contracts with participants. In addition, the aim of personal data processing is to ensure the lawful use of authors' compositions, performers' performances and tracks, and comprehensive protection of their rights as per the Copyright Act.
11.3 The personal data processor is the ERR, located at: F.R. Kreutzwaldi 14, Tallinn. Phone: 628 4100, e-mail: [email protected]
11.4 Person's name and image and data from the person's short biography are disclosed to the public. Personal data is forwarded to third parties if it is necessary for the use of the compositions and performances and/or the protection of the author's and performer's rights, or if this right or obligation arises from the law.
11.5 The data subject has the right to inspect the data that the ERR gathers and holds about them, demand that incorrect personal data is corrected, and prohibit further data processing, except in cases when the processing of personal data is allowed without the data subject's approval.
12. Final provision
12.1 The song contest begins on 2 September 2021; the rules of the song contest are published on the ERR home page.
12.2 Relevant persons can access the "Rules of the 66th Eurovision Song Contest" and its appendixes, also drafts of contracts concluded with songs' authors, performers, and track producers at the ERR's physical location and online on page https://eurovision.tv/about/rules/.
12.3 The ERR retains the right to make changes to these rules. Changes shall be published immediately on the ERR home page.
12.4 The ERR has the right to disqualify the song if the terms stipulated in section 2.1.3 are violated
12.5 The ERR has the right to disqualify the song if the author, performer, or track producer, or the representative of the author, performer or track producer violates the given regulations or contract stipulated in section 8.1