I would check your contracts. Most film contracts limit sales within a specific geographical territory and that means WHO can access it not where the revenue comes from. If it did not Netflix would allow worldwide access on the basis that they collect the revenue in the US. Rights holders I have dealt with especially those that ARE outside the US are very sensitive about this.
I currently deal with a number of filmmaker/rightsholders ( like Nuremberg) where they do indeed own all worldwide rights BUT because of their own licenses they have to restrict or at least specify any access outside a specific territory. On Thu, Nov 14, 2013 at 1:18 PM, Bob Norris <[email protected]> wrote: > > I agree with Dee that if the terms of the license state that the video can > only be used within a certain territory(s), then selling to a student > outside the territory would be a violation. But a majority of Film Ideas' > licenses to universities are for current students and staff. So if a > student does not live on campus, or the country, that does not violate our > agreement with the university. Then you have to ask if Film Ideas is > violating its agreement with the producer that has only granted us rights > to sell to the US market. I would argue no if we are selling to a US > entity. Revenue was generated within the licensed territory. Some usage > outside the US does not violate the spirit of the agreement in my opinion. > Life gets a little more complicated if the University has foreign branches. > > *Robert A. Norris* > Managing Director > Film Ideas, Inc. > Phone: (847) 419-0255 > Email: [email protected] > Web: www.filmideas.com > > On Nov 14, 2013, at 11:12 AM, [email protected] wrote: > > > 1. Re: videolib Digest, Vol 72, Issue 19 (Dee Powell) > 2. Re: [collib-l] Remote Access to Library Resources for > Emeritus Faculty (Jessica Rosner) > > *From: *"Dee Powell" <[email protected]> > *Date: *November 14, 2013 7:05:53 AM CST > *To: *<[email protected]> > *Subject: **Re: [Videolib] videolib Digest, Vol 72, Issue 19* > *Reply-To: *[email protected] > > > I would say that it would be the responsibility of the person/company > setting up the online distance course in the first place, to ensure they > have the rights to include whatever film/clips they require to be included. > It would be at that point the decision is made. For example, we've > licensed clips for online courses to a companies in perpetuity but > restricted to certain territories. If the course is sold outside these > territories, the company would be in breach of contract. > > That would be my take on the question - what do others think? > > > > Dee Powell > Global Acquisitions Manager > CLASSROOM VIDEO > THE CRESCENT CENTRE > TEMPLE BACK > BRISTOL > BS1 6EZ > > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Thu, 14 Nov 2013 12:32:25 +0100 > From: Marta Sanchez <[email protected]> > Subject: Re: [Videolib] [collib-l] Remote Access to Library Resources > for Emeritus Faculty > To: [email protected] > Cc: [email protected], [email protected] > Message-ID: <[email protected]> > Content-Type: text/plain; charset="us-ascii" > > Questions of great interest. And what happens with paid distant learning? > If a film is part of an online degree, can someone watch if from, let's > say, in China? This is a violation of territorial copyright. I am > interested in knowing what libraries and distributors think about this or > in any policy is in its way.... > > marta sanchez > director > > pragda llc > 302 bedford ave. #136 > brooklyn, ny 11249 > > > *From: *Jessica Rosner <[email protected]> > *Date: *November 14, 2013 10:27:30 AM CST > *To: *[email protected] > *Subject: **Re: [Videolib] [collib-l] Remote Access to Library Resources > for Emeritus Faculty* > *Reply-To: *[email protected] > > > Issues of access to streaming should be covered by licenses agreed to by > both sides. I have been advising filmmakers/ rights holders to restrict > streaming to currently enrolled students & active faculty and staff. > > Marta's question about access outside the US is one I have been thinking > about. Since rights are often determined by territory I will advise > filmmakers to put something in the contract resting rights to purchasers > country. This may be an issue for some institutions and will have to be > negotiated but again many American distributors do not hold any rights > outside the US ( sometimes but not always Canada). It is clearly important > that these issues be spelled out in a licensing agreement. > > > >> > > 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.
