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 videoblogging@yahoogroups.com, "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! Music Unlimited - Access over 1 million songs. Try it free.
YAHOO! GROUPS LINKS
- Visit your group "videoblogging" on the web.
- To unsubscribe from this group, send an email to:
[EMAIL PROTECTED]
- Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
