Provision of evidence does not release the contractor from its responsibilities if it is found that it does not hold the necessary rights, regardless of when and by whom this fact is revealed. 

The contractor also warrants that it possesses the relevant rights or powers to execute the transfer and that it has paid or has verified payment of all due fees including fees due to collecting societies, related to the final Results . 

## II.13.6 Quotation of works in the result 

In the Result , the contractor must clearly point out all quotations of existing works. The complete reference should include as appropriate, the following: name of the author, title of the work, date and place of publication, date of creation, address of publication on the internet, number, volume and other information that allows the origin to be easily identified. 

## II.13.7 Moral rights of creator s 

By delivering the Results , the contractor warrants that the creators  will not object to the following on the basis of their moral rights under copyright: 

(a) that their names be mentioned or not mentioned when the Results  are presented to the public; 

(b) that the Results  be divulged or not after they have been delivered in their final version to the contracting authority; 

(c) that the Results  be adapted, provided that this is done in a manner which is not prejudicial to the creator ’s honour or reputation. 

If moral rights on parts of the Results  protected by copyright may exist, the contractor must obtain the consent of creators  regarding the granting or waiver of the relevant moral rights in accordance with the applicable legal provisions and be ready to provide documentary evidence upon request. 

## II.13.8 Image rights and sound recordings 

If natural persons appear in a Result  or their voice or any other private element is recorded in a recognisable manner, the contractor must obtain a statement by these persons (or, in the case of minors, by the persons exercising parental authority) giving their permission for the described use of their image, voice or private element and, on request, submit a copy of the permission to the contracting authority. The contractor must take the necessary measures to obtain such consent in accordance with the applicable legal provisions. 

## II.13.9 Copyright notice for pre-existing rights 

When the contractor retains Pre-existing rights  on parts of the Results , reference must be inserted to that effect when the Result  is used as set out in Article I.10.1, with the following disclaimer: ‘© — year — European Union. All rights reserved. Certain parts are licensed under conditions to the EU’ , or with any other equivalent disclaimer as the contracting authority may consider best appropriate, or as the parties may agree on a case-by-case basis. This does not apply where inserting such reference would be impossible, notably for practical reasons. 

## II.13.10 Visibility of contracting authority funding and disclaimer 

When making use of the Results , the contractor must declare that they have been produced under a contract with the contracting authority and that the opinions expressed are those of the contractor only and do not represent the contracting authority’s official position. The contracting authority may waive this obligation in writing or provide the text of the disclaimer. 

