For clarity, unless a contract between a filmmaker and a distributor specifies that the distributor may not grant licenses that extend beyond the original Term of the contract, a distributor may license a film for any given period of time during the original license period. For example, if a contract was signed in 2005 for a seven year term, a distributor could grant licenses that extend ten years beyond, or even, in perpetuity. The right to grant licenses expires in 2012, not the licenses granted to the end user.
For example, a PPR license is for the life of the DVD. Even if the distributor only has seven years to grant PPR licenses to customers, the customer's license does not end when the distributor's contract ends. Likewise with digital site licenses, it is for the term of the digital site license agreed to between the institution and the distributor. Unless there are underlying rights issues and/or a clause that limits the term of a license to a certain period beyond the end of the original contract, there is no reason for a distributor not to offer a digital site license in perpetuity. From a legal point of view. Best, Elizabeth Elizabeth Sheldon Vice President Kino Lorber, Inc. 333 W. 39th St., Suite 503 New York, NY 10018 (212) 629-6880 www.kinolorberedu.com On Sep 30, 2010, at 5:08 PM, Jessica Rosner wrote: > As a practical matter Swank really can't license for more than one > academic year. This is what I have been trying to explain re studio > product. I think is is very unlikely they will ever allow Swank, > Criterion Pictures ( Fox films) or even themselves to license for > more than a year. Anything is possible but I would not hold my > breath. Similarly most independent and foreign films are likely to > be able to license for say 1-7 years because 7 years is the standard > contract term though some go up to 10 or more, however the clock > starts ticking when the contract is signed so a film released in > 2005 is likely only to have 2 years of licensing life left. In many > cases these films are renewed, but in many cases they are not and a > whole lot of companies go out of business these days leaving a lot > of films in limbo. > > The Swank scenario may be more restrictive in terms of use than > some, but for fiction feature films, most are going to be time > limited and few available in perpetuity unless it is put into new > contracts from now on and again I would not hold my breath for that. > > Jessica > > > > On Thu, Sep 30, 2010 at 3:40 PM, Stanton, Kim <kim.stan...@unt.edu> > wrote: > Hi all, > > > I think we’re about to license our first streaming film through > Swank Digital Campus. The usage scenario is so different from what > I normally deal with. Typically, my library licenses individual > films from distributers for use by all current student & faculty, > for a term ranging from 3 years to perpetuity and we stream the > content from a library-run server and management system. The Swank > content would be license for 1 semester, would only be accessible > to a specific class and would be hosted off-site. > > > I’m trying to figure out what my library’s role should be in the > Swank scenario. If you’ve used Swank Digital Campus at your > institution (or deal with other short term/ course specific digital > rights), could you tell me how this was handled. > > > · Who is responsible for the transaction – i.e whose name > is on the contract/ invoice? The Library, the academic department, > the faculty member, another campus group? > > > · Who directly pays for the content? > > > · If both of the above were handled by the library, was > there any resistance to this sort of short term, limited access > being the library’s responsibility? > > > · Is there another department on your campus that more > directly supports development and resources for online courses? > What was their involvement? > > > > Thanks! > > > Kim Stanton > > Head, Media Library > > University of North Texas > > kim.stan...@unt.edu > > P: (940) 565-4832 > > F: (940) 369-7396 > > > > 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. Best, Elizabeth Elizabeth Sheldon Vice President Kino Lorber, Inc. 333 W. 39th St., Suite 503 New York, NY 10018 (212) 629-6880 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.
