Chip, I generally agree with you ,but I am a bit confused. Are you saying sales reps promise lifetime rights, but the invoice from the actual vendor does not say that? That would indeed be a red flag. As previously mentioned I think there is zero chance of getting lifetime streaming rights on 99% of fiction feature films. For educational films it may be somewhat more common as it becomes both a major sales tool and to be blunt a way to make money. The choice is always up to the producer (who is often also the director), but the ones I am working with have agreed with some arm twisting. The truth is the "bigger" the film, the less likely you will be able to get lifetime streaming rights. Films which have any kind of theatrical release often, but not always involve multiple producers, rights holders and contracts making them nearly impossible to obtain lifetime rights on."Smaller" films often owned by the director themselves will more likely be available with perpetuity rights at a price. I think vendors will increasingly be asking for these rights in a contract. It would not mean the vendor owns all rights on the film in perpetuity, it would mean the rights holder agrees to allow them to sell lifetime streaming rights at a set fee & royalty with the owner getting a report on who buys them.
As a practical matter I still believe the number of films that will available for lifetime streaming will be relatively small and instructors have to accept the limitations. I suspect that institutions may indeed to a lot more limited term streaming licenses particularly if prices for this drop. It is going to be a bumpy if interesting ride in the next few years. Jessica On Thu, Jan 20, 2011 at 7:24 AM, Chip Taylor <[email protected]>wrote: > This is a warning that I have had to share with well-meaning customers who > work hard to select quality programs and want what's best for their > institutions but unfortunately may be scammed by a self-serving sales people > who may place his or her own selfish self-interest above the interests of > the customers they are serving, wrongfully telling them, to secure a sale, > that the programs they have licensed may be either duplicated, broadcast or > streamed in Perpetuity (forever, Lifetime Rights.) > > > > The most often used sales' pitch that those well-intentioned customers want > to believe is that ordering programs with Perpetuity Rights will eliminate > their need for ever having to worry about record-keeping for those titles > again. > > > > The first, and understandable, reaction when these good people learn that > they may have scammed is a negative one. Unfortunately, for me and my > company with some of those customers, they have blamed me for being the > messenger of the truth, instead of being upset with the salesperson/people > who scammed them. Fortunately, for me and my company with most of those > customers, once they discover that they can fix the problem, they do so > immediately, and return to business as usual, this time wiser about what the > truth about Perpetuity Rights really is. > > > > I have read emails on this List where some readers may get the wrong idea > about Perpetuity Rights; so I feel it is important, for customers and > vendors alike, who want to be clear about Perpetuity Rights, to forward my > warning, to avoid potential legal problems. > > > > Only the owner of a program has the legal right to allow/grant/license > Perpetuity Rights for his or her program. > > > > Owners of programs often contract with vendors to allow them to > grant/license rights for his or her program to customers; however, the vast > majority of program owners license their programs for a period of time, not > in Perpetuity, not forever. > > > > Contracts with vendors for programs almost always have an expiration date. > > > > These rules apply under contract law and contract law trumps copyright law. > > > > Customers who have ordered programs with Perpetuity Rights have the right > to request that license in writing from the vendor that sold them those > programs. > > > > That license, from the actual vendor, not from the sales representative of > the vendor, should indicate that you received Streaming Licensing for those > programs in Perpetuity. The license may be a letter or an invoice that > stipulates the rights. > > > > That license in writing is your institution's written protection against > possible litigation. > > > > If you acquired programs with Lifetime Streaming Rights (rights in > perpetuity, and if you do not have some form of written document from the > actual vendor that licensed the programs from the original owner(s), > indicating that they sold you rights in Perpetuity, then your institution > may be at risk of litigation, especially if any producer discovers that his > or her program has been sold in violation of the terms of his or her > contract with that vendor. > > > > That letter or invoice in writing from the vendor, indicating you purchased > the programs with a Perpetuity license, protects you and your institution > from any producer's claim that he or she did not receive proper compensation > for the lifetime use of his or her program; that written document shifts the > liability from you to the vendor. > > > > If a vendor has a contract with the owner of a program to license > Perpetuity Rights, that vendor should have no problem providing you with > that license in writing, to secure the sale. > > > > If the vendor does not want to issue you either a letter or invoice in > writing, confirming that the programs you purchased include a license in > perpetuity, then you have two choices: > > > > 1) to cancel the sale for the program and have the vendor take the program > back or > > 2) to take your chances that the actual owner of the program never finds > out and keep using the program. > > > > I strongly encourage customers not to choose the latter. Producers are > famous for wanting to know who is using their programs, as well as > wondering, are they being properly compensated for that use? No one wants to > risk possible litigation with a producer who may have been improperly > represented. > > > > For customers who feel it is difficult to keep track of licenses, that does > not have to be a burden for you. Vendors can notify you when a license is > about to expire; my company has done that for 25 years and never once > experienced a problem. Each invoice we issue is a written contract with each > customer, clarifying the license he or she purchased. And if there is an > expiration date for a license, that date is clearly indicated as well, and > we accept the responsibility to notify the customers when the license may > expire. > > > > This is a simple step to protect yourself and your institution and I hope > this warning is accepted in the good faith in which it has been presented. > > > > Sincerely, > > > > Chip Taylor > Chip Taylor Communications 2 Eastview Drive Derry, NH 030038 P: > 603.434.9262 F: 603.432.2723 www.chiptaylor.com > VIDEOLIB is intended to encourage the broad and lively discussion of issues > relating to the selection, evaluation, acquisition,bibliographic control, > preservation, and use of current and evolving video formats in libraries and > related institutions. It is hoped that the list will serve as an effective > working tool for video librarians, as well as a channel of communication > between libraries,educational institutions, and video producers and > distributors. > > -- Jessica Rosner Media Consultant 224-545-3897 (cell) 212-627-1785 (land line) [email protected]
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
