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Gilmer & Associates, Inc. 1
Rights Management
Brad GilmerGilmer & Associates, Inc.SMPTE - Pasadena, 2000
Gilmer & Associates, Inc. 2
Content is King
“We’re in the content business”
“Without content, the Internet is just AM Talk radio”
“Content to the right place at the right time”
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Rights are key
l The right to distribute content to the right place at the right time
l Content = Video + Audio + Metadata … Liability
l But… Content + Rights = Asset
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Introduction
l What is Rights Managementl Rights Management Workflowl Types of Rightsl User Requirements for Rights
Management Systemsl Rights Management Systems and Other
Systemsl Next Steps for SMPTE
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What is Rights Management
l Rights management maximizes opportunities for rights exploitation while assuring compliance with license agreements
l Rights determined through complex process of negotiation and interpretation
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Rights Management Workflow
ContentIdentified
for Licensing
DealNegotiated
ContractPrepared
& Executed
ContentScheduled
For Air
MediaOrdered from
Distributor
ContentExhibited
ContractEnds
ContentReturned orDestroyed
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Making the Deal
Network head/ProgrammingInterested in
Rights
Legal
CreatesContract
BusinessPerson
Makes BusinessDeal
Research
Ratings AnalysisAd Revenue
Due DiligenceProcessEstimate
Content Value
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Creating the ContractCable Sales
Territorial RightsLanguage Rights
Legal
CreatesContract
NetworkOperationsCC and DV
Rights
Standards& Practices
EditingRights
PromotionDepartment
Excerpt RightsTie-in Rights
Ad Sales
Right toInsert Ads
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Types of Rights
l Distribution Rightsl Exclusivity Rightsl User Rightsl Use Rightsl Editing Rights
l Element Rightsl Actor Rightsl Advertising Rightsl And many others...
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Distribution Rights
l Determine where and how content may be distributed» Distribution Method
– Terrestrial, Satellite, Internet, Theater
» Geographic– U.S. only, World Wide
» Revenue– Free-to-air– PPV
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Exclusivity Rights
l The granting of a right to one and only one exhibitor» Exclusive broadcast rights (does not cover
PPV and VOD)» Exclusive rights in a region» Exclusive rights for syndication
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User Rights
l Determine what the end user can do with the content (how controlled?)» Live viewing» Record and view once» View as many times as desired in a given
period» View as many times as desired over an
indefinite period
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Use Rights
l Determines how the content is to be used» May be exhibited only in its entirety. No
excerpts permitted» Pre-determined excerpts may be used» Any and all excerpts permitted
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Editing Rights
l Whether the content may be edited» Absolutely no editing permitted» Editing with Director’s approval permitted» Editing granted to a specific user for a
specific purpose» Editing permitted at will
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Element Rights
l Rights associated with individual elements within a completed piece of content» Audio rights not secured internationally» Right to sub-title not granted in Europe» Credits must be shown in their entirety
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Actor Rights
l Rights (and royalties) determined by actor contracts» If content airs in Mexico, royalty fees are
three times higher» Actor does not give permission for voice
excerpts
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Advertising Rights
l The right to advertise services and products during exhibition of licensed content» Must be exhibited commercial-free» Tie-in placements allowed
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User Requirements for Rights Management Systems
l Flexiblel Bullet-proofl Securel Easily modified and extendedl Adapts to individual business
characteristicsl Appropriate authorization model
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User Requirements for Rights Management Systems
l Easily interfaced to other systemsl Capable of storing a lot of datal Easy and intuitive to use
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Rights Management &Content Management Systems
l Two systems work togetherl Moving content may be restricted by
rightsl Rights management system is a
Decision Support System - Content Management is an operational tool
l Important to keep distinction between systems
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Rights Management and Amortization
l Special rules for amortizationl Authorized number of exhibitions
addressed in contract but critical for amortization
l Important topic because of value and risk involved
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Next Steps for SMPTE
l Be aware of difference between Rights Management Systems, Content Management Systems and Amortization Systems
l Provide standardized names and characteristics for objects (SMPTE Metadata Dictionary)
l Stay away from Rights Management (??)
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Acknowledgements
l Suzanne Donino - Network Operations, Turner Entertainment
l Giorgio Dimino, Senior Engineer R&D, RAI Research and Technology Innovation Centre
l Rachel Ruskin - Counsel, Turner Broadcasting Systems
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Rights Management
Brad Gilmer(the Sequel)
Gilmer & Associates, Inc.SMPTE - Pasadena, 2000