I will make sure this is crystal clear in the license I'm working on (started work after your last post). I obviously can't speak to other companies, but we cover all mpeg-la licenses relating to use of DivX video with mp3 audio.
--- In [email protected], "Steve Watkins" <[EMAIL PROTECTED]> wrote: > > Im just bringing back this informative post because the mpeg4 license > issues relate to the DivX questions Ive just been asking. > > Also unfortunately its of relevance to the discussion about money, its > something people like Peter should strictly speaking look at when > considering stuff like the PSP version stuff (as thats mpeg4 or h24) > and whether it has implications for subscription. > > Most of the rules strike me as just perfect, they wont touch most > video creators unless they get popular & rich enough to afford a fee. > For people running services like mefeedia, ourmedia, archive.org, > blip.tv, the issue may require more attention, I dunno, I havent > thought about that much yet. > > Anyway in addition to the excellent info by people provided previously > (see below), here is a summary of the H264 agreement. > > http://www.mpegla.com/avc/AVC_TermsSummary.pdf > > The first part is of interest to people like 3ivx or divx (if they > used AVC h264 stuff). Indeed you can find both these companies listed > on the standard mpeg4 licensee page, along with the likes of Apple, > Sony, Nero, Mainconcept, Ulead, and other companies that have products > that include mpeg 4 encoders and decoders. This gives them the right > to sell products using mpeg4, and to grant us users the right to make > stuff for personal use. The second part deals with content creators > and services that make video available, and is similar to the mpeg4 > terms mentioned in the previous emails below. > > The very reason I dont like the DivX license is because its another > layer. If I just use a straight mpeg4 or avc/h264 encoder then I know > if my stuff ever got popular or I sell it, I can go to the mpeg body > and buy a license that covers me, and that doesnt change terms for a > reasonable number of years. Wheras DivX are far less clear, I have to > contact them to get a clue what their commercial terms are, and their > indie license is too short term and limited. > > Is .mov another licensing layer? Do apple require any licencing for > heavy commercial use of mov files? > > At last Ive found out the reality behind why things like mpeg > standards are a good idea. They still arent free, but they enable > individuals or comapnies to easily understand and license the rights > to use the technology. Just looking at the list of how many companies > claim to have some of their intellectual property used in mpeg4, it > would be a nightmare trying to license it from all of them > individually, having to do a deal with each of them individually in > order to be sure that you wouldnt be sued later for using one of their > patents. > > Im definately not suggesting that most videobloggers need to probe > deeply into ths stuff. For most it is just a case of some basic > awareness about encoding license issues (eg paying for 3ivx) and > remembering to come back to the issue if you start getting insanely > popular and using subscription etc models. People with content longer > than 12 minutes per video need to pay a little more attention than > those doing short clips, especially if you are trying to find a > business model for the future. > > Steve of Elbows > > --- In [email protected], "nathan.freitas" <[EMAIL PROTECTED]> > wrote: > > > > > > I dug around the MPEG4 LA website and found this from a powerpoint on > > their FAQ page: http://www.mpegla.com/m4v/m4v-faq.cfm > > > > Here's my non-lawyer take on it: > > -If you are charging per title, and content is less than 12 minutes > > long, no royalty. Otherwise, its something like 2 cents per title. > > -If you are charging via subscription, and you have less than 100,000 > > subs, no royalty. > > -If you are doing a "free internet broadcast", then no royalty until > 2008 > > > > Otherwise, once you have a decent audience size and are making money, > > you'll have to pay up. Doesn't seem too draconion to me, though it > could > > become a mild pain to worry about for micro-commercial-content > producers. > > > > +Nathan > > > > **************** > > Where End User pays for MPEG-4 Video > > Title-by-Title - 12 minutes or less = no royalty; >12 minutes in length > > = lower of (a) 2% of first Arm's-Length Sale or (b) $0.02 per title. > > Licensees are (a) replicators of physical media and (b) direct sellers > > of other media. > > Subscription (not Title-by-Title): 0-100,000 subs/year = no royalty; > > >100,000-250,000 subs/year = $25,000; >250,000 500,000 subs/year = > > $50,000; >500,000-1M subs/year = $75,000; >1M 5M subs/year = > $100,000; > > >5M 25M subs/year = $200,000; >25M subs = $300,000 > > Where remuneration is from other sources > > Free Television (not Title-by-Title, Subscription or Free Internet > > Broadcast) - one-time fee of $2,500 per transmission encoder > > Free Internet Broadcast (not Title-by-Title or Subscription) no > > royalty during first term (through 2008; not greater than Free > > Television thereafter) > > Enterprise cap - $3 million per year > > Royalties payable on products from January 1, 2004 > > ************** > > > > More here: http://www.mpegla.com/m4v/m4v-faq.cfm > > > > > > Verdi wrote: > > > > >For those of you using MPEG4 or H.264 - check out the QuickTime user > > >agreement related to commercial uses (if you are thinking of that): > > > > > >< http://www.apple.com/legal/sla/quicktime7.html > > > > > > > > > >14. Use of MPEG-4. This product is licensed under the MPEG-4 Systems > > >Patent Portfolio License for encoding in compliance with the MPEG-4 > > >Systems Standard, except that an additional license and payment of > > >royalties are necessary for encoding in connection with (i) data > > >stored or replicated in physical media which is paid for on a title > > >by title basis and/or (ii) data which is paid for on a title by title > > >basis and is transmitted to an end user for permanent storage and/or > > >use. Such additional license may be obtained from MPEG LA, LLC. See > > >http://www.mpegla.com for additional details. > > > > > >This product is licensed under the MPEG-4 Visual Patent Portfolio > > >License for the personal and non-commercial use of a consumer for (i) > > >encoding video in compliance with the MPEG-4 Visual Standard ("MPEG-4 > > >Video") and/or (ii) decoding MPEG-4 video that was encoded by a > > >consumer engaged in a personal and non-commercial activity and/or was > > >obtained from a video provider licensed by MPEG LA to provide MPEG-4 > > >video. No license is granted or shall be implied for any other use. > > > > > >Additional information including that relating to promotional, > > >internal and commercial uses and licensing may be obtained from MPEG > > >LA, LLC. See http: //www.mpegla.com. For answers to frequently asked > > >questions regarding use fees under the MPEG LA Visual Patent > > >Portfolio License see www.apple.com/mpeg4 or www.apple.com/quicktime/ > > >pro/faq.html. > > > > > >15. H.264/AVC Notice. To the extent that the Apple Software contains > > >AVC encoding and/or decoding functionality, commercial use of H.264/ > > >AVC requires additional licensing and the following provision > > >applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN > > >ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) > > >ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR > > >(ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A > > >PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS > > >OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. > > >INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM > > >MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM. > > > > > > > > > > > > > > >Yahoo! Groups Links > > > > > > > > > > > > > > > > > > > > > > > > > > > -- > > +my life: http://nathan.freitas.net > > +my videoblog: http://openvision.tv/itcamefrombrooklyn > > +my cause: http://tibetwillbefree.blogspot.com > > +my skype: nathanialfreitas > > -- > > > > Find and watch unique internet video through my original software: > > I/ON Internet Video Console at http://openvision.tv > > > ------------------------ Yahoo! Groups Sponsor --------------------~--> Get Bzzzy! (real tools to help you find a job). Welcome to the Sweet Life. http://us.click.yahoo.com/A77XvD/vlQLAA/TtwFAA/lBLqlB/TM --------------------------------------------------------------------~-> Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/videoblogging/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
