Glossary of Terms
a company in the business of distributing films and usually taking all rights or at least several classes of rights. Distributors often rely on other service providers to handle at least some part of the distribution and/or marketing. I.e they often do not do all in-house. They often rely on aggregators to service some or all of their digital distribution. One will want to know this in advance as it will affect one'sshare of revenues.
a place where film can be viewed by audiences digitally.
this word is sometimes used interchangeably with platform and even tool.
sometimes digital platforms are confused with tools or vice versa. Distrify and Topspin are for example tools whereas Prescreen and FansofFilm are platform.
a company that is less focused on marketing (or not at all) but that performs the function of being a middle man between content creators/suppliers (i.e filmmakers or distributors) and platforms. New Video for example is both a distributor and an aggregator (for many distributors).
"Transactional" refers to money being paid to view or own the film, such as on iTunes.
"Ad-Supported" refers to when films are free to view (such as Hulu and Snag) but ads are inserted.
"Subscription Model" refers to services such as Netflix.
IFTA® Internet and Wireless Rider Definitions
Internet and Wireless Rights Definitions
Internet Rights means Internet Downloading or Internet Streaming exploitation of a Motion Picture. Internet Rights do not include Wireless Rights nor any form of PayPerView, Video, Pay TV or Free TV exploitation of a Motion Picture.
Internet Downloading means exploitation of a digital Motion Picture Copy by making it available on the Internet in a substantially linear manner that allows its transmission to a Computer for making another exact digital copy of the Motion Picture Copy and retaining the new digital copy for use for more than a transient period of time after completion of the initial continuous period of transmission. Internet Downloading does not include any form of Internet Streaming.
Internet Streaming means exploitation of a digital Motion Picture Copy by making it available on the Internet in a manner that allows continuous viewing of the Motion Picture Copy on a Computer in a substantially linear form simultaneously with the transmission of such Motion Picture Copy over the Internet but which does not allow making another digital copy except for a transient period of time necessary to facilitate such viewing. Internet Streaming does not include any form of Internet Downloading.
Internet Streaming/Downloading means exploitation of a digital Motion Picture. Copy by making it available on the Internet for both Internet Downloading and Internet Streaming at substantially the same time.
Wireless Rights means Wireless Downloading or Wireless Streaming exploitation of a Motion Picture. Wireless Rights do not include Internet Rights nor any form of PayPerView, Video, Pay TV or Free TV exploitation of a Motion Picture.
Wireless Downloading means exploitation of a digital Motion Picture Copy by making it available on a wireless system in a substantially linear manner that allows its transmission to a Handheld Device for making another exact digital copy of the Motion Picture Copy and retaining the new digital copy for use for more than a transient period of time after completion of the initial continuous period of transmission. Wireless Downloading does not include any form of Wireless Streaming.
Wireless Streaming means exploitation of a digital Motion Picture Copy by making it available on a wireless system in a substantially linear manner that allows continuous viewing of the Motion Picture Copy on a Handheld Device but which does not allow making another digital copy except for a transient period of time necessary to facilitate such viewing. Wireless Streaming does not include any form of Wireless Downloading.
Wireless Streaming/Downloading means exploitation of a digital Motion Picture. Copy by making it available on a wireless system for both Wireless Downloading and Wireless Streaming at substantially the same time.
Internet and Wireless Use Definitions
Advertiser Supported means making a Motion Picture Copy available on the Internet or wireless system for accessing, downloading or streaming, by either: (i) including trailers, commercials or other advertising before, after, or within the continuity of the Motion Picture Copy; or (ii) including banners, logos, icons, text, hyper-text, meta-tags, symbols or other identifying information of a product or service or a supplier of such product or service provider on the same web page or viewing screen as the Motion Picture Copy or any of its elements or identifying information.
Limited Use means authorizing accessing, streaming or downloading, as applicable, of a Motion Picture Copy on the Internet or wireless system by a user who is required to pay a separate fee to obtain a limited right to use a new digital copy of a Motion Picture Copy in a substantially linear manner that may be accessed and viewed, but not further copied, subject to express limitations as to either the number of accesses or viewings, the period of access or viewing, or both (e.g. unlimited viewing for x days, or x viewings maximum, or x viewings within y days).
Permanent Use means authorizing downloading of a Motion Picture Copy in a substantially linear manner on the Internet or wireless system by a user who is required to pay a separate fee to obtain ownership of new digital copy of the Motion Picture Copy which new copy may be used and viewed, but not further copied, without express limitations as to the number of uses and viewings and the time period of so doing.
Single Use means authorizing accessing, streaming or downloading, as applicable, of a Motion Picture Copy in a substantially linear manner on the Internet or wireless system by a user who is required to pay a separate fee for each single act of accessing, streaming or downloading the Motion Picture Copy in whole or in part.
Subscription Use means authorizing accessing, streaming or downloading, as applicable, of a Motion Picture Copy in a substantially linear manner on the Internet or wireless system by a user who is required to pay a set fee for a specified period to access, stream or download, as applicable, the embodied Motion Picture along with other Motion Pictures available in the same manner on the same web site or wireless system.
Internet and Wireless Rights Terminology
Access means to make available a Motion Picture Copy on the Internet or wireless system in a manner that allows a user to copy, view, stream, download or use, or to obtain data or information about or related to, the Motion Picture Copy or its embodied Motion Picture.
Computer means an electronic device that accepts a Motion Picture Copy in digital form and allows its viewing or manipulation in response to a sequence of instructions where the type and order of the instructions can be defined, selected and entered by the user of the Computer. A Computer includes desktops, notebooks and laptops and excludes VCR, DVR, DVD, set top box players or recorders and Handheld Devices.
Digital Rights Management
Digital Rights Management means a sequence of software or hardware instructions embodied in, related to or activated by a Motion Picture Copy that controls or manages copying, viewing, altering, or accessing the Motion Picture, its content or elements or associated Rights Management Information.
Download means to make available a Motion Picture Copy on the Internet or wireless system in a manner that allows its transmission to a Computer or Handheld Device for making another exact digital copy of the Motion Picture Copy and retaining such copy for use for more than a transient period of time after completion of the initial continuous period of transmission. Download includes downloading.
DRM means Digital Rights Management.
Handheld Device means a mobile electronic device a substantial purpose of which is facilitating telephonic or text communication, digital photography or data storage and which customarily fits in a human hand, and which incorporates functionality that allows viewing of a Motion Picture Copy. Handheld Device includes personal mobile phones, personal digital assistants and other similar devices, but does not include a Computer.
Internet means the interconnected facilities of a publicly available packet-switching communications system that allows the user of a computing device to engage in two-way transmissions over the system through which the user obtains access to a Motion Picture Copy stored in digital form at a place distant from the place where the user’s computing device is located.
Rights Management/Information Rights Management
Information means any information embodied, attached, related or appearing in or on a Motion Picture Copy that may include a copyright notice or other identifier, that identifies the copyright owner, producer, author, writer, director, performers or other Persons who have contributed to the making of the Motion Picture, or that describes any authorized terms and conditions for licensing or use of the Motion Picture or the Motion Picture Copy.
Stream means to make available a Motion Picture Copy on the Internet or wireless system in a manner that allows continuous viewing of the Motion Picture Copy in substantially linear form on a Computer or Handheld Device simultaneously with the transmission of such Motion Picture Copy over the Internet or wireless system but which does not allow making another digital copy except for a transient period of time necessary to facilitate such viewing. Stream includes streaming.
Wireless system means a system of integrated telecommunications facilities that allow system subscribers to access an over-the-air digital signal embodying a Motion Picture Copy on a Handheld Device.
New Media Terminology From The IFTA New Media Guide
IFTA promulgates the IFTA International Schedule of Definitions. These standard definitions are used worldwide in connection with the IFTA Model International Licensing Agreements, and IFTA Model Sales Agency Agreements, as well as the IFTA Rider. The separate distribution rights (Cinematic, PayPerView, PayTV, Free TV, Internet and Wireless Rights) are clearly defined in the IFTA International Schedule of Definitions, but in a rapidly evolving marketplace, buyers worldwide may refer to new media platforms or formats using terms which are not currently included in IFTA’s Standard Definitions or which are not familiar to the Licensor.
Below we discuss and describe emerging platforms and terms and identify where they may fit in the IFTA Rights and Definitions, enabling the Licensor to grant the appropriate rights for new media exploitation by the Distributor. Once again, Sales Agents should confirm that Producers are obtaining adequate new media rights before production of the Picture so that the Sales Agent can secure distribution for the Picture on behalf of the Producer.
Terminology (In alphabetical order)
Avatars are computerized (and possibly animated) representations of logos, objects or individuals, such as film or television characters or the user himself, that can be one, two or three-dimensional and are controlled in an online community like Second Life or MySpace. Avatars are being used to promote Pictures and Programs in a variety of ways. For example, MySpace features movie avatars that users are able to send to one another, creating viral user-generated marketing. Companies are using avatars on websites to provide information to customers and to promote and sell products. To promote “The Spirit,” Lionsgate allowed users to create avatars when they entered the Picture’s website, and to promote “The Simpsons Movie,” Fox allowed users to create their own Simpsons-Avatar.
Blu-Ray Disc is an optical Disc format that enables the recording, rewriting and playback of content in high definition utilizing a blue-violet laser with a shorter wavelength to read the Disc than that of a traditional DVD. Blu-Ray Disc is not expressly included under the IFTA¨ Standard Definitions of DVD. However, if the IFTA¨ Standard Definitions apply and Blu-Ray Disc (which is the format adopted by the U.S. industry) is considered by the parties to be a successor to either DVD or HD DVD, distribution by Blu-Ray Disc would be included in the grant of Home Video Rights.
DVB-H (Digital Video Broadcasting to a Handheld Device) is a format used for delivering broadcast services to Handheld Devices. DVB-H technology is largely based on DVB-T (Digital Video Broadcasting – Terrestrial), which is used for digital terrestrial television, but has additional features specifically intended for Handheld Devices. The broadcast services are adapted to accommodate the limited battery life of Handheld Devices and the different environments in which Handheld Devices operate. DVB-H offers downstream channels at high data rates that can be played in live streams or downloaded and stored in a buffer. DVB-H provides considerable power savings by using “time-slicing,” a technique in which bursts of data are received periodically thereby allowing the receiver to power off when the Handheld Device is inactive. A specification similar to DVB-H also exists for Satellite Services to Handheld Devices (DVB-SH), which enables audio, video and data services to be delivered to Handheld Devices using hybrid satellite/terrestrial networks that use S-band spectrum.
DVD means a digitally encoded electronic storage device that conforms to one of the following: (1) the DVD Specification for Read-Only Disc, version 1 (August 1996) or its successor; (2) the DVD Multi Specification for Read-Only Disc, version 1 (June 2001) or its successor; or (3) the HD DVD Specification for Read-Only Disc, version 1 (September 2005) or its successor; and that is designed for use in conjunction with an electronic device or Computer in a way that causes a Motion Picture to be visible for private viewing on the screen of a computer monitor or television. DVD includes Digital Versatile Discs, High Definition DVDs, and related DVD enabled peripherals such as DVD-ROM devices and DVD-RAM devices, but does not include any type of Compact Disc or VideoDisc. IFTA Standard Definitions (Version 2005).
EST (Electronic Sell Thru), used by some Distributors, is broad, ambiguous and susceptible to multiple interpretations. For example, the term could include “download to burn” or “manufacture on demand” DVD services such as those offered by EZTakes and CreateSpace. The term could also refer to Permanent or Limited Use Downloads to Computers, Handheld Devices, Video iPods and other electronic media. It could also mean Streaming and conceivably even PayPerView services through digital cable. From the Licensor’s perspective, the term fails to define either a distribution right (i.e., Internet Downloading, Wireless Streaming), an Authorized Use (i.e., Permanent Use, Limited Use), or a clear financial model (see FAQ #2). Thus, the Distribution Agreement should identify and define the specific rights and uses that are being licensed (and financial terms thereof) and reserve all other rights. For clear definitions of Internet and Wireless Downloading and Streaming and the Authorized Uses, please refer to the IFTA Internet and Wireless Rider.
ETTH (Ethernet to the Home) is a technology for local area networks that provide high speed data access over cable. The local area networks generally operate within a single building and the connecting devices are in close proximity. Modern technology has enabled ethernet networks to span greater distances than previous ethernet networks, which allows geographically dispersed locations to be connected. Distribution by ETTH is likely to be included in the grant of cable television rights.
Free on Demand
FTTH (Fiber to the Home) is a form of fiber optic communication delivery in which the usual copper local loop distribution network is replaced by fiber optic cabling technology and information is transmitted through a thin glass fiber. With FTTH, the optical signal reaches the end user’s living or office space. In contrast, FTTB (Fiber to the Building) 15 refers to when the fiber optic ends at the private property enclosing the home or business of the user, and another method, such as copper loops, is used for transmitting the communication to the user’s living or office space. Distribution by FTTH is likely to be included in the grant of cable television and/or Internet rights.
FTTP and FTTB
FTTH and FTTB are collectively referred to as FTTP (Fiber to the Premises).
HD DVD is an optical Disc format similar to a standard DVD, but capable of holding about three times as much data utilizing a blue-violet laser to read the Disc. The IFTA Standard Definitions include HD DVD16 under Home Video Rights, and it is included under the definition of DVD. Note that hybrid DVD/HD DVDs are also available, which allow a consumer to purchase a single Disc that would be compatible with either player.
Internet Protocol Television (“IPTV”) is a system where digital television is delivered to a defined user group using Internet Protocol over a secure closed network infrastructure via broadband connection usually in PayPerView or Pay TV windows. IPTV offers a high level of interactivity and allows the viewer to receive television content on-demand on a subscription basis through any form of computer or software-based media player, which may then be viewed on a Computer or portable media device, or transmitted to the viewer’s television set via a set-top box. IPTV is personalized to the user and can deliver both live TV (multicasting) as well as stored video (Demand View or Download for Permanent Use). Distribution via IPTV may have different windows of exploitation and revenue models and should be distinguished from other forms of online video services and Internet TV. For more information on IPTV see Page 22 of this Guide.
Internet Protocol Video on Demand
Internet Television/Internet TV
Internet television is an open platform for distribution where Pictures or Programs may also be broadcast on a P2P network (i.e., P2PTV) allowing users to contribute content via a streaming service from a central server. Internet television allows content to be distributed directly to a large audience with almost no geographical limitations. Internet TV websites such as www.veoh.com, www.joost.com, www.dnastream.tv, or www.babelgum.com, just to name a few, are free online video services that provide licensed content (Pictures and Programs), user-generated content and/or original Internet branded programs.
It is important to note the difference between IPTV and other forms of online video services over the Internet such as broadcast and cable TV network websites such as ABC.com and comedycentral.com, Internet TV such as Veoh.com and Joost.com, and other online video services. Such services are not IPTV, which is usually based on a Subscription model to a closed distribution system. Internet TV is usually Advertiser Supported with the Licensors sharing the ad revenues. Some Internet TV services, such as www.nextnewnetworks.com, offer only Internet branded content such as scripted series, reality programs, and other forms of programming. The services are often Advertiser Supported and free to users. While many of these Internet TV services do not presently provide licensed content, they may provide additional and inexpensive marketing opportunities and potential distribution streams in the future.
Manufacture on Demand
P2PTV (Peer-to-Peer Television) refers to peer-to-peer (P2P) software applications that allow users to redistribute video streams in real time on a P2P network as opposed to receiving data from a central server. A P2PTV system allows users to Download a video stream while simultaneously uploading that stream to other users. To receive a certain channel, the P2PTV software contacts a “tracker server” for that channel and obtains the addresses of peers who distribute that channel and then contacts them to receive the feed. The tracker records the user’s address, which can then be given to other users seeking to view the same channel effectively making the user a re-broadcaster. Users can also broadcast their own streams with some applications. This process creates an overlay network on top of the regular Internet for the distribution of real-time video content. By sharing data delivery workloads, distributing video streams is more cost effective than traditional television broadcasting.
Recently, some Distributors have requested “telephonic rights.” Telephonic rights is a general term not defined in the IFTA¨ Rider. The Distributor requesting “telephonic rights” may be requesting Internet and Wireless Licensed Rights. These separate rights may be grouped together and called “IP distribution” or “telephonic rights” or some other term. The important issue is how these systems are defined and utilized for the exploitation of the content. The IFTA¨ Rider provides clear definitions for Internet and Wireless Licensed Rights.
Subscription Video on Demand
UMD (Universal Media Disc) is an optical Disc format developed by and proprietary to Sony for use with the PlayStation Portable. The primary application for the UMD format is as a storage medium for PSP games, although the format to a lesser degree is being used as storage for preloaded motion pictures and television shows. One example is that the BBC is releasing some of its television programming on UMD to be played on the PlayStation. The UMD format is specifically made to be compatible with a PlayStation Portable device and is not intended at this time to be compatible to DVD players or similar devices.
Video On Demand
Widgets are computer programs that can be placed on a website, blog or personalized start page and allow users to interface with an application and the operating system. They are viral in nature and can be used to drive traffic to distribution platforms. Widgets are also being used to establish more regular contact between buyers and sellers by allowing the seller to regularly reach the buyer’s computer screen with its Pictures and Programs. Widgets can be used to display video content, such as movie trailers and other forms of advertising, providing another way to engage with fans and market to a broader audience. Any consumer who has the widget can share and download the widget directly through the site.
A Note regarding IPTV
IPTV is a growing platform worldwide predicted to produce billions of dollars in revenue for content licensing. In its 2008 IPTV report, Multimedia Research Group stated that the global IPTV subscriber base is projected to increase from 20.4 million in 2008 to 89.1 million in 2012.
IPTV services and partnerships are being established worldwide. In Europe, ITV and BT are teaming up with the BBC to create an open industry standard for VOD IPTV on set-top boxes that will allow all Licensors to distribute their shows and widgets. The BBC separately introduced a new interactive IPTV service that runs on Microsoft’s Mediaroom platform, which includes live and on-demand content, user-generated content and social networking capabilities.
Grant of Rights
IPTV distribution is a good example of a combination grant of new media and traditional rights, since it can utilize broadband, Internet protocol and television distribution systems. When negotiating the grant of rights for IPTV, Licensor and Distributor must first determine whether IPTV distribution will encompass a PayPerView, Pay TV, Free TV and/or Internet distribution right. The IFTA Rider may be used in conjunction with IFTA¨ Multiple Rights Agreement (4th Edition) to grant these rights. The parties should designate the window and financial model and outline security concerns. If granting the right to distribute via an IPTV system, any exclusivity issues must also be resolved with respect to coordinating the PayPerView, Pay TV and Free TV windows.
Commentary IFTA Internet And Wireless Rider (Revised February 2009)