Jodi,
Jessica is correct to say that one should license "in perpetuity"
rights from the actual rights holder, and not from a distributor or agent.
I had presumed that folks on this list would assume that, but perhaps it
does need to be explicitly stated?
I have used this licensing language with many, many rights holders,
and it works quite well for both sides. I'd be happy to discuss particulars
with anyone off-list, but am not interested in critiquing specific aspects
publicly.
Best,
Darby
On Thu, Feb 20, 2014 at 5:28 PM, Jessica Rosner <[email protected]>wrote:
> Well I can see a few problems that would prevent any directors I work with
> from using this. One is what exactly do you mean by patrons? I make sure
> licenses are limited to enrolled students and current faculty and staff.
> Also as the issue of use by persons overseas has come up I now have added
> that the streaming must be within in the US. Keep in mind it would very
> unusual though not impossible for companies to own rights outside the US
> and they could get in a lot of trouble for authorizing this.
>
> The last issue and I know I am beating a dead horse but I would be very
> careful about accepting a license for perpetuity because as a rule most
> companies won't own those rights, most contracts are on a limited term for
> distributors. I think increasingly they are getting these rights from
> filmmakers on non fiction material but it is not the norm. Bottom line if I
> were purchasing such rights I would make sure the contract explicitly
> states that seller has the right the SPECIFIC right to sell streaming in
> perpetuity from the actual rights holder (which is rarely the distributor)
> as someone could come along later and say they did not and you would have
> to give it back. Again I think the ability to buy rights in perpetuity
> will become more common but not the norm for non fiction /educational
> material, but I think it will very unlikely with films that play
> theatrically
>
>
> On Thu, Feb 20, 2014 at 5:03 PM, Darby Orcutt <[email protected]> wrote:
>
>> Jodi,
>> For streaming, I developed and use this: "A license for unlimited,
>> protected by authentication, streaming in perpetuity to all registered
>> staff, faculty, students, and patrons at North Carolina State University."
>> There's some brief context for this in my piece from a few years
>> ago, "Mainstreaming Media: Innovating Media Collections at the NCSU
>> Libraries," available at:
>> http://docs.lib
>> .purdue.edu/cgi/viewcontent.cgi?article=1217&context=charleston
>> I'd be happy to discuss further if you or anyone would like.
>> Best,
>> Darby
>>
>> Darby Orcutt
>>
>> Assistant Head
>>
>> Collection Management Department
>>
>> North Carolina State University Libraries
>>
>> Box 7111
>>
>> Raleigh, NC 27695-7111
>>
>> 919/ 513-0364
>>
>> [email protected]
>>
>>
>>
>> On Wed, Feb 19, 2014 at 12:35 PM, Jodi Hoover <[email protected]> wrote:
>>
>>> Hi Nellie-
>>>
>>> My current issue is with a DVD purchase but we will eventually purchase
>>> streaming content so I'm interested in both.
>>>
>>> Jodi
>>>
>>> Jodi Hoover
>>> Digital Media Librarian
>>> Albin O. Kuhn Library
>>> UMBC
>>> 1000 Hilltop Circle
>>> Baltimore, MD 21250
>>> Phone: 410.455.2964
>>> Fax: 410.455.1078
>>> Email: [email protected]
>>>
>>>
>>>
>>>
>>>> Message: 3
>>>> Date: Wed, 19 Feb 2014 10:44:36 -0500
>>>> From: Nellie J Chenault <[email protected]>
>>>> Subject: Re: [Videolib] Standard DVD/Streaming/PPR Agreements used by
>>>> University Libraries
>>>> To: [email protected]
>>>> Message-ID:
>>>> <CAOG_sSxqDZFBoLk02QauJmutuqgcKPhw=
>>>> [email protected]>
>>>> Content-Type: text/plain; charset="iso-8859-1"
>>>>
>>>> Is this for DVD or online licensing?
>>>> On Feb 19, 2014 10:32 AM, "Jodi Hoover" <[email protected]> wrote:
>>>>
>>>> > Hello all-
>>>> >
>>>> > I poked around on the archive a bit but didn't see what I was looking
>>>> for
>>>> > so please forgive me if this has already been discussed.
>>>> >
>>>> > Lately I've gotten a couple of DVD licensing agreements in which the
>>>> > wording has been especially problematic for our institution.
>>>> Currently all
>>>> > of these documents have to go to our legal dept and the review
>>>> process can
>>>> > take months. I am hoping to find a way to streamline the process. I
>>>> am
>>>> > currently not in a position to directly negotiate with vendors but if
>>>> the
>>>> > legal dept and the library could agree on standard language, I might
>>>> be
>>>> > able to at least start the conversation with vendors before the
>>>> license
>>>> > gets sent to limbo for months.
>>>> >
>>>> > Does anyone have a standard license or language that they use to
>>>> negotiate
>>>> > with vendors? If so would you be willing to share it? You can send
>>>> it to
>>>> > me off-list if you prefer.
>>>> >
>>>> > Thank you so much-
>>>> >
>>>> > Jodi
>>>> >
>>>> > Jodi Hoover
>>>> > Digital Media Librarian
>>>> > Albin O. Kuhn Library
>>>> > UMBC
>>>> > 1000 Hilltop Circle
>>>> > Baltimore, MD 21250
>>>> > Phone: 410.455.2964
>>>> > Fax: 410.455.1078
>>>> > Email: [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.
>>>
>>>
>>
>> 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.
>>
>>
>
> 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.
>
>
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.
