Re: [Videolib] Digital Video Licensing

Jessica Rosner (jrosner@kino.com)
Thu, 08 Mar 2007 15:54:33 -0500

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Sorry not even sure what the arguments were. I was just wondering if you
thought or knew of any studios etc
Willing to license for this yet.
The tech issues re different services are WAY over my head

On 3/8/07 3:17 PM, "Gary Handman" <ghandman@library.berkeley.edu> wrote:

> I'm not even vaguely talking about feature films, Jessica...but if I were=
, my
> arguments still stand.
>=20
> Gary
>=20
> At 10:47 AM 3/8/2007, you wrote:
>> Gary
>> This is hard for me to sort through. Bottom line do you really see this =
as
>> viable for most feature films ?
>> Studio=92s seem pretty paranoid. I think they might eventually do somethin=
g
>> like they do now with licensing being year to year.
>> Speaking for those of us dealing with foreign and independent films it m=
ight
>> theoretically be impossible. Our contracts are generally limited
>> To 7-10 years so even if we had the technology or whatever we can only a=
llow
>> use for set periods of time
>>=20
>> As usual this is all Greek to me
>>=20
>>=20
>> On 3/8/07 1:08 PM, "Gary Handman" <ghandman@library.berkeley.edu> wrote:
>>=20
>> Some Thoughts on Digital Licensing for Video
>> =20
>> Because Berkeley is on the cusp of trying out on-demand delivery of port=
ions
>> of its video collection, I=92ve been doing a lot of talking and thinking a=
bout
>> the issue of digital licensing of video content. It is apparent that th=
e
>> non-theatrical VOD marketplace is, at very best, immature and confused (=
and
>> confusing) regarding economic models for VOD delivery. A number of mode=
ls
>> seem to be shaking out:
>> =20
>> A. Content maintained on vendor=92s remote server and licensed annually o=
r
>> semi-annually based on number of titles selected, institutional head-cou=
nt,
>> or number of synchronous users. I=92m not aware of any vendors offering f=
lat
>> annual licenses for unlimited institutional access to vendor-maintained =
VOD
>> servers.
>> =20
>> B. Content encoded by vendor in one or more of several formats (Windows
>> Media, QuickTime, mpeg4, etc.), and licensed for in-perpetuity use for a=
flat
>> fee (e.g. Films Media Group). Variable licensing fees based on whether =
or
>> not the institution has bought the licensed title in previous formats (t=
ape
>> or DVD). In some instances, fees may be based on number of titles licen=
sed.
>> In this model, client is responsible for uploading and maintaining these
>> files on local server. (Client may also be required to transcode files=AD=
e.g.
>> from mpeg4 to a streamable format).
>> =20
>> C. Above model but with term licensing: licensing for a set period of t=
ime,
>> usually one to five years. At the end of the term, licenses must be
>> renegotiated.
>> =20
>> D. Distributor offers digital licensing rights alone=ADi.e. without suppl=
ying
>> the source files. Institution is responsible for encoding off of DVD or=
tape
>> and uploading to local server. Either in-perpetuity or term licensing.
>> =20
>> E. Jon Miller of First Run/Icarus has suggested a model in which an ent=
ire
>> catalog of a distributor (including new additions) is licensed annually =
for a
>> flat fee. Not aware that one is actually putting this model into play
>> =20
>> F. Content encoded and delivered to client by an outside vendor which d=
oes
>> not have control or rights over the content. Annual or per-title servic=
e
>> costs. Examples of this type of service is CDigix ( http://www.cdigix.co=
m/).
>> < <http://www.cdigix.com/).%A0> http://www.cdigix.com/).%A0 >
>> <http://www.cdigix.com/).%A0> These types of firms seem to be geared
>> largely toward the delivery of content (including feature films) for hig=
her
>> ed teaching and learning (course reserve viewing, learning management
>> systems, etc.). Many of these firms claim such use constitutes fair use=
or
>> throw the issue of rights clearance on the shoulders of the client.
>> =20
>> Since I think that, at least in the short run, the models C or D above a=
re
>> likely to be the most common, I=92d like to offer a few opinions about it.=
In
>> my book, the requirement for periodic licensing of video content (as opp=
osed
>> to in-perpetuity licensing) is both impractical and unwarranted in terms=
of
>> fair market practices. I=92ve occasionally heard vendors compare term
>> licensing of VOD content to licensing of journal databases and other onl=
ine
>> text resources. There really is no direct comparison. Journal databases=
,
>> which offer indexing and full-text journals, are maintained remotely by =
a
>> vendor and offer a content base which is continually growing. In some
>> instances, online access to specific ejournals or aggregates of ejournal=
s is
>> provided at no cost if an institution subscribes to the print version of=
the
>> publication(s). The licensing model for ejournals varies widely, from =
being
>> on institutional head-count to flat fee annual licensing.
>> =20
> VOD licensing is a considerably different matter. Once purchased by an
> institution, a physical tape or DVD, may be circulated or shown ad infini=
tum
> (or until the physical piece disintegrates) to individual viewers and
> classroom groups. If I need to show this to groups outside of the classro=
om, I
> can purchase PPR=ADa one shot cost. In most cases, once a distributor sell=
s a
> title (or a few copies of it) to an institution, that=92s pretty much the e=
nd of
> that sale (except for replacements, and these are usually discounted). =
It
> is, consequently, unclear to me why I would be expected to =93re-buy=94 the s=
ame
> title every year or two or three in digital form, particularly if I alrea=
dy
> own a tape or DVD of the titles in question. It=92s not as if digital
> distribution is cutting into potential future sales of that title to my
> institution. There is no continuing maintenance or labor cost to the
> distributor for titles licensed for VOD. (There ARE, however, substantia=
l
> costs to the client in model D above: the institution must invest in
> technology and staff to locally-encode and serve the material). In fact,=
the
> cost to distributors of tracking and administering term licenses would se=
em to
> be substantially higher than the one-time gambit of in-perpetuity licensi=
ng.
> =20
> Unlike ejournal databases, the only added value to the digital product fr=
om
> year to year is the convenience of 24/7 access. (I could go into a long =
and
> tedious screed here about the current inferiority of digitally-delivered
> images compared to DVD or even tape, but I=92ll refrain). I have a feelin=
g
> that in many cases the model of term VOD licensing has been put into play
> simply because digital sounds new and sexy and that period licenses sound
> economically safer than licensing the files =93forever=94. I also think that
> there is yawning gap between the needs and outlook of video librarians ve=
sted
> with selecting, maintaining, and delivering standing collections and the =
needs
> of instructional tech players on campuses vested with =93point-of-need=94 del=
ivery
> of classroom content. (The latter probably wouldn=92t blink at the concept=
of
> term licensing).
> =20
> In any case, your thoughts and comments would be interesting and apprecia=
ted!
> =20
> Gary Handman
> =20
>=20
>=20
> Gary Handman
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley
> ghandman@library.berkeley.edu
> http://www.lib.berkeley.edu/MRC
>=20
> < <http://www.lib.berkeley.edu/MRC> http://www.lib.berkeley.edu/MRC >
> <http://www.lib.berkeley.edu/MRC> "In societies where modern conditions =
of
> production prevail, all of life presents itself as an immense accumulatio=
n of
> spectacles."
>=20
> --Guy Debord
>=20
>=20
>=20
>=20
>=20
> Proud Resident of a BLUE STATE
> =20
> Jessica Rosner
> Kino International
> 333 W 39th St. 503
> NY NY 10018
> jrosner@kino.com
> 212-629-6880
> Gary Handman
> Director
> Media Resources Center
> Moffitt Library
> UC Berkeley
> ghandman@library.berkeley.edu
> http://www.lib.berkeley.edu/MRC
>=20
> <http://www.lib.berkeley.edu/MRC> "In societies where modern conditions =
of
> production prevail, all of life presents itself as an immense accumulatio=
n of
> spectacles."
>=20
> --Guy Debord
>=20

Proud Resident of a BLUE STATE
=20
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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Re: [Videolib] Digital Video Licensing Sorry= not even sure what the arguments were. I was just wondering if you thought = or knew of any studios etc
Willing to license for this yet.
The tech issues re different services are WAY over my head


On 3/8/07 3:17 PM, "Gary Handman" <ghandman@library.berkeley.e= du> wrote:

I'm not even vaguely talking about feature films, Jessi= ca...but if I were, my arguments still stand.

Gary

At 10:47 AM 3/8/2007, you wrote:
Gary
This is hard for me to sort through. Bottom line do you really see this as = viable for most feature films ?
Studio’s seem pretty paranoid. I think they might eventually do somet= hing like they do now with licensing being year to year.
Speaking for those of us dealing with foreign and independent films it migh= t theoretically be impossible. Our contracts are generally limited
To 7-10 years so even if we had the technology or whatever we can only allo= w use for set periods of time

As usual this is all Greek to  me


On 3/8/07 1:08 PM, "Gary Handman" <ghandman@library.berkeley.e= du> wrote:

Some Thoughts on Digital Licensing for Video
 
Because Berkeley is on the cusp of trying out on-demand delivery of portion= s of its video collection, I’ve been doing a lot of talking and thinki= ng about the issue of digital licensing of video content.  It is appare= nt that the non-theatrical VOD marketplace is, at very best, immature and co= nfused (and confusing) regarding economic models for VOD delivery.  A n= umber of models seem to be shaking out:
 
A.  Content maintained on vendor’s remote server and licensed an= nually or semi-annually based on number of titles selected, institutional he= ad-count, or number of synchronous users.  I’m not aware of any v= endors offering flat annual licenses for unlimited institutional access to v= endor-maintained VOD servers.
 
B.  Content encoded by vendor in one or more of several formats (Windo= ws Media, QuickTime, mpeg4, etc.), and licensed for in-perpetuity use for a = flat fee (e.g. Films Media Group).  Variable licensing fees based on wh= ether or not the institution has bought the licensed title in previous forma= ts (tape or DVD).  In some instances, fees may be based on number of ti= tles licensed.  In this model, client is responsible for uploading and = maintaining these files on local server.  (Client may also be required = to transcode files­e.g. from mpeg4 to a streamable format).  
 
C.  Above model but with term licensing: licensing for a set period of= time, usually one to five years.  At the end of the term, licenses mus= t be renegotiated.
 
D.  Distributor offers digital licensing rights alone­i.e. without= supplying the source files.  Institution is responsible for encoding o= ff of DVD or tape and uploading to local server.  Either in-perpetuity = or term licensing.
 
E.  Jon Miller of First Run/Icarus has suggested a model in which an e= ntire catalog of a distributor (including new additions) is licensed annuall= y for a flat fee.  Not aware that one is actually putting this model in= to play
 
F.  Content encoded and delivered to client by an outside vendor which= does not have control or rights over the content.  Annual or per-title= service costs. Examples of this type of service is CDigix ( http://www.cdigix.com/). < <http://www.cdigix.com/).%A0> http://www.cdigix.com/).%A0 > <http://www.cdigix.com/).%A0>   These t= ypes of firms seem to be geared largely toward the delivery of content (incl= uding feature films) for higher ed teaching and learning (course reserve vie= wing, learning management systems, etc.).  Many of these firms claim su= ch use constitutes fair use or throw the issue of rights clearance on the sh= oulders of the client.
 
Since I think that, at least in the short run, the models C or D above are = likely to be the most common, I’d like to offer a few opinions about i= t.  In my book, the requirement for periodic licensing of video content= (as opposed to in-perpetuity licensing) is both impractical and unwarranted= in terms of fair market practices.  I’ve occasionally heard vend= ors compare term licensing of VOD content to licensing of journal databases = and other online text resources. There really is no direct comparison.  = ;Journal databases, which offer indexing and full-text journals, are maintai= ned remotely by a vendor and offer a content base which is continually growi= ng.  In some instances, online access to specific ejournals or aggregat= es of ejournals is provided at no cost if an institution subscribes to the p= rint version of the publication(s).   The licensing model for ejou= rnals varies widely, from being on institutional head-count to flat fee annu= al licensing.
 
VOD licensing is a considerably different matter. &nbs= p;Once purchased by an institution, a physical tape or DVD, may be circulate= d or shown ad infinitum (or until the physical piece disintegrates) to indiv= idual viewers and classroom groups. If I need to show this to groups outside= of the classroom, I can purchase PPR­a one shot cost.  In most cas= es, once a distributor sells a title (or a few copies of it) to an instituti= on, that’s pretty much the end of that sale (except for replacements, = and these are usually discounted).   It is, consequently, unclear = to me why I would be expected to “re-buy” the same title every y= ear or two or three in digital form, particularly if I already own a tape or= DVD of the titles in question.   It’s not as if digital dis= tribution is cutting into potential future sales of that title to my institu= tion.  There is no continuing maintenance or labor cost to the distribu= tor for titles licensed for VOD.  (There ARE, however, substantial cost= s to the client in model D above:  the institution must invest in techn= ology and staff to locally-encode and serve the material).  In fact, th= e cost to distributors of tracking and administering term licenses would see= m to be substantially higher than the one-time gambit of in-perpetuity licen= sing.
 
Unlike ejournal databases, the only added value to the digital product from= year to year is the convenience of 24/7 access.  (I could go into a lo= ng and tedious screed here about the current inferiority of digitally-delive= red images compared to DVD or even tape, but I’ll refrain).  &nbs= p;I have a feeling that in many cases the model of term VOD licensing has be= en put into play simply because digital sounds new and sexy and that period = licenses sound economically safer than licensing the files “forever= 221;.  I also think that there is yawning gap between the needs and out= look of video librarians vested with selecting, maintaining, and delivering = standing collections and the needs of instructional tech players on campuses= vested with “point-of-need” delivery of classroom content. &nbs= p;(The latter probably wouldn’t blink at the concept of term licensing= ).
 
In any case, your thoughts and comments would be interesting and appreciate= d!
 
Gary Handman
 


Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

 <
<http://www.lib.ber= keley.edu/MRC> http://www.l= ib.berkeley.edu/MRC > <h= ttp://www.lib.berkeley.edu/MRC>  "In societies where modern= conditions of production prevail, all of life presents itself as an immense= accumulation of spectacles."

--Guy Debord





Proud Resident of a BLUE STATE
 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880
Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

 
<http://www.lib.berkeley= .edu/MRC> "In societies where modern conditions of production pr= evail, all of life presents itself as an immense accumulation of spectacles.= "

--Guy Debord





Proud Resident of a BLUE STATE
 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

--B_3256214074_125626905--

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