Call for tenders' details

Title:
Media monitoring and analysis services for Denmark.
Contracting authority:
European Parliament, DG Communication (COMM)
TED publication date:
18/05/2017
Time limit for receipt of tenders:
17/07/2017
Status:
Closed
Status
27/06/2017
29/06/2017
English (en)
Question details
Regarding question 8 and the answer to it
Regarding question 8 in call for tenders questions summary, we would like get a more detailed answer. If a third party (media outlet) will not allow bidder to use copyrighted material or the media outlet do not allow bidder to upload their material to EPMM or the use of full text material, how should the bidder relate to this? In other words, it is stated, “The tenderer should ensure that the copyrights and other distribution rights are adhere to in the delivery of this service. The contractor needs to make all necessary license agreements in order to provide to the European Parliament all the rights for the copies of the full text articles provided.” However as the material is owned by a third party (media outlet) the bidder obviously can’t be sure to comply with this for the whole period of the agreement, as the media outlet might choose that the tenderer cannot make use of their copyrighted material. So if a media outlet will not allow a tenderer to use their material as stated by European Parliament, which consequences does this have? Please note, that this might be the case for all tenderers, in case no one might be able to comply with these obligations. E.g., one source from the “core sources” might choose that they will not allow tenderers to upload full text versions and pdfs to clients and their material should only be allowed for viewing on the tenderers own platform (instead of the EPMM) or only a summary is available and the text should be viewed directly from the original source. Will this disqualify the tenderer or will this be accepted as long as goes where media outlets accept this? If this is not accepted, please advise how tenderers legally can make use of third party (media outlets) material without the consent of the third party?
29/06/2017
In the case where a tenderer has not been granted a licence to upload or reproduce copyrighted material in EPMM, although he had requested the prior authorisation to the copyright holder, the tenderer should propose in the methodology referred to under section 15 of the technical specifications alternative solutions to provide the EP with the requested content, in compliance with the applicable copyright law.