I am basically familiar with feature films and those nearly always limit to geographical territory. I have been something of a Cassandra on issues of streaming rights contracts because of the massive complexities on both length of term and geographical assess. This becomes especially complicated when you have a contract with a rights holder outside the US. The purchase of physical copies of films from outside a geographic region is clearly permitted under US law provided the buyer does not change format, but as streaming becomes more common it opens a whole other issue of rights where the contracts between both the rights holder and the distributor and the distributor and the institution are going to get very complicated.
Frankly I don't have an answer but if a school for instance does have student in China or the UK, many if not most US distributors can not legally allow the institution to allow that student access to streamed films as it would violate their contracts with rights holders. I THINK it would be possible to work with rights holders and users to tayler very limited exceptions but I can see where one or the other might object. Fun stuff On Thu, Nov 14, 2013 at 2:56 PM, Bob Norris <[email protected]> wrote: > Some of our contracts do limit sales *to* a specific geographic location. > Of course it would make no sense to interpret that to mean where the money > is collected as that would open up the world to us (or Netflix) as you say. > What matters is where the money is coming from. We cannot sell to someone > outside the territory. If a contract limits sales and usage to a territory, > that is a different matter. > > > *From: *Jessica Rosner <[email protected]> > *Date: *November 14, 2013 12:32:02 PM CST > *To: *[email protected] > *Subject: **Re: [Videolib] Access to Library Resources for Remote Users* > *Reply-To: *[email protected] > > > 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: >> >> >> *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 >> >> > > 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.
