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Whether you are obtaining content to show as a VOD program on your television service, to include in an advertisement, to display on your website, or even to show in a corporate power point presentation, you need to obtain the licensing rights that pertain to your intended use. People often tend to think that if they pay for content, they can use it however they want. You have to keep in mind that when you license content you are not actually buying the content, but rather you are purchasing the rights to use that content in a very specific way. It follows then that you must exercise much care both when determining where to get your content and when establishing the terms of your license.
There are as many sources of content as there are creators of content. Whether you go to Hollywood or your local production company, there are plenty of people that would be happy to produce content for you. They range from individuals skilled at graphic arts and production, to small production companies, to full size movie studios. In Asheville, North Carolina, where I live, there are dozens of small companies and individuals that can write, shoot and produce anything from a small scene, to a commercial, to a feature length film. There is one movie studio that shoots full length feature films and has "The Last of the Mohicans" as one of their many credits. I am sure that with a little investigation, you will find that there are people with these kinds of skills in close proximity to you who would be happy to create the content that you are looking for.
If you do not want to go the route of having the content created for you, you can of course license content that has already been created. The internet will lead you to a vast variety of content producers that have created content that they would be happy to license. One of |
my clients was in need of content to use in their digital signage system, and I found just what they needed from a firm company in Australia called World Wide Entertainment. They have a full range of content including sports, travel and lifestyle, bloopers, science, history, and entertainment. And of course there are independent content producers like this one all over the United States. The NATPE Show (National Association of Program Executives), which takes place each winter, provides an excellent opportunity to be introduced to these content creators.
If you are not in need of full programs, but rather are in need of small content clips, there are plenty of content aggregators that are happy to license what you require. For example, Thought Equity's main business is the licensing of very short pieces of content ranging from a couple of seconds to a few minutes. The topics covered by their content catalogue include science and technology, nature (animals and scenery), lifestyle and health. Their content catalogue is available on their website so that you can preview and make your selections. Their content tends to be of very high video quality, including High Definition content, enabling you to produce high quality projects. This very short form content is perfect for use in power point presentations, trade shows, or corporate presentations.
As is often the case, what you desire is probably available. The trick is to match your needs to the correct supplier.
Once you find the proper source for your content, your focus must turn to negotiating the proper license. Step one is to make it very clear to the content provider how you intend to use their content. It will do |
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you no good to arrange a license only to find out after the fact that you used it in a way that exceeded the scope of your license. It is better to make things clear from the beginning, as this will save you money in the long run.
As I mentioned earlier in the article, licenses don't just grant you a right to use the content as you please, they grant you the right to use the content in a very particular way. Considerations include:
1) How the content will be used. Will it to be used on a website or a power point presentation, in a commercial or as part of a digital signage system?
2) The frequency of the use of the content. Do you want to use the content over a couple of days at a trade show, or do you want to run it every day in the foyer of your office building? You can be sure the license, and the rate structure, will be quite different for each.
3) What media the content will be distributed on. Consider whether the content will be distributed on DVDs/CDs, over the Internet, with a television service provider (Telco IPTV or CATV), or if it will only be shown to individuals on a monitor or as part of a Power Point presentation?
4) Whether the content will be "sold" again. Do you want to use the content in a commercial for your company, or do you want to include it in a program that you will then license to others? You will find that content producers may be willing to let you use their content and show it to others under one fee structure, but require a completely different fee structure if you are going to repurpose it and then license it to third parties.
For all of these considerations, the point is to make sure you know how you will use the content and then to make sure your license specifically allows for that use. As with all things of this nature, have your attorney review your license to make sure you are purchasing the rights you need. And then have your attorney review how you are actually using the content, to make sure your use does not exceed the terms of the license.
You will find that the fee structure varies tremendously based upon the intended use. It may cost you only a few hundred dollars to use a particular group of content at a trade show. However if you want |
to use that same group of content on a digital signage system to be run many times a day at many locations over the course of a year, that licensee may cost you hundreds of thousands of dollars. With content licensing, details are everything. Keep in mind that these price considerations work both ways. So if you really only intend to use the content in a limited way, don't secure a license that is more broad, and therefore more expensive, than you actually need. The narrower the use, the cheaper the license is likely to be.
As a final point, don't be hesitant to negotiate. There are so many varieties of how content might be used it is very difficult to establish "standard" pricing. Rather, pricing is often determined on a case by case basis after the use is understood. So don't be shy about establishing the best case scenario on your behalf. There are lots of sources of content, so if you don't get the deal you like, look somewhere else. If several companies are offering you a similar deal, then you're probably paying a fair fee for your license.
With these considerations in mind, you're likely to find what you want, with the license you need, at a price point you can live with.
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