It would depend on the nature of Apple's contracts. Most distributors have rights for a limited time and thus can not legally sell an item beyond that term. Streaming to an entire system such as an institution is very different from home use. Some rights holders will permit lifetime streaming but most major studios & foreign rights holders will not. I have had discussions with a few leading copyright lawyers and they are frankly stunned that anyone would sell rights beyond the term of a contract. It is not the same as buying a DVD, it is the same as broadcast and it is certainly well established that you can not sell broadcast rights beyond the term of a contract. If this were in fact legal it would be clearly defined in the contract with the rights holder. I would strongly advise anyone considering buying lifetime to check directly with the rights holder to see if this is in fact covered in the contract.
On Tue, Apr 3, 2012 at 2:13 PM, Bob Norris <[email protected]> wrote: > I hate to bring up a copyright issue again but... > > There was recently a discussion if it is acceptable for a distributor to > grant Lifetime streaming rights. There was a faction that argued it is > acceptable as long as you limit the rights to a single digital format and > do not allow the buyer to transcode the file to a new format. They could > use the original file as long as it plays on their streaming service just > like they could use a DVD as long as it works. The analogy was made to a > download in the consumer market not having a time restriction. > > I was recently discussing this with an institution that wants to stream in > perpetuity in any format. I said Apple does not permit that and she asked > if that was through a technical limitation/DRM or the Terms and Conditions > agreement. I had to admit I did not know. So I reviewed the terms ( > http://www.apple.com/legal/itunes/us/terms.html#SERVICE) and can see no > restriction about copying files to a new format. They only limit playback > to 5 iTunes approved devices and do not allow iTunes video to be burned, > which I think means to disc. Then I transcoded a m4a file to an ACC file > and played it back no problem. So it looks like Apple is selling the right > to play back in any digital format in perpetuity. > > Am I missing something? > Bob > > *Robert A. Norris* > Managing Director > Film Ideas, Inc. > Phone: (847) 419-0255 > Email: [email protected] > Web: www.filmideas.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.
