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Dictionary of Commercial Terminology

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DICTIONARY OF COMMERCIAL TERMINOLOGY

This document is a rough guide which is constantly subject to update 

Term

Category

Definition

Academic Access

Media Format

Provision of viewing copies of archive footage for research and study in the context of under graduate, post graduate or private study. This usually means provision of the material at a licence fee which is lower than commercial rates, or under a licensing scheme. It is usual to impose conditions (e.g. material may only be viewed in the institution, and/or transmitted over secure networks). See also educational use

Access Fee

Technical Costs

Is charged where the archive seeks a financial return on its costs for managing and supply of footage. When an archive supplies its own copyright material, these costs are usually rolled up in the licence fee which the archive charges. Access Fee is often stipulated when third party copyright footage is supplied, when an Access Fee is charged by the archive to supply material (usually master) for which it claims no copyright or ownership. Clearance of the copyright is the responsibility of the person gaining access. This fee can be set at whatever level the archive chooses. SEE ALSO TECHNICAL/TRANSFER COST.

Advertisements

(Non Broadcast)

Media Format

Footage used in non transmission for promotional purposes of a commercial product or service. Examples are use of archive footage in an advertising video which the client may use at live events and exhibitions; in public relations materials; at trade, press and investor presentations; retail (point of sale, outdoor environments); in electronic media (e.g. CD-Rom, DVD) which are packaged with the client’s products and not for retail sale; the client’s internet, extranet and intranet sites. It might include Internet viral marketing. One would need to clarify the required uses in the client contract.

All Media

 

Media Format

The use of footage in all media including broadcast and sales with multiple options. Any exclusions (such as Theatrical use) must be stated in a contract's definition of "All Media" - otherwise the term means "absolutely everything" - in some (but not all) countries, this even includes media which have not been invented when the contract was signed.

Audience

Media Format

Defined group to whom the licensed content is intended to reach.

Cable

Distribution

The provision of television via radio frequency signals transmitted to televisions through fixed optical fibres or coaxial cables or wireless microwave systems (including free, pay per view and subscription) for reception by the public. The means of delivery to the public through the "system" is not restricted to cable. In addition to cable, the system can also make use of microwave transmission. In both cases, however, the "cable or microwave system" is the cable operator's closed network. For example, a public broadcaster can also use a wireless microwave system.

Captured Audience

Media Format

An audience exposed to the programme through a non broadcast format. The audience is exposed by the virtue of their physical presence at a screening, as in a cinema or lecture.

 

CD ROM/CDI Rights

Media Format/Rights

A "shorthand expression" commonly used to mean the right to transfer footage to a digital format and to combine the footage with other images, animation, video sound and software as required to create a computer based programme, and the right to produce, manufacture and distribute the Programme within the Territory in CD-RROM, CD-I. (The contract would have to be consulted, to determine the actual rights granted in a specific case.)

Corporate

 Media Format

The images shown form part of an in-house training or conference video within a commercial institution promoting a particular product but where the participants are not paying to view the programme.

CDI

Format

see CD Rom

GSM

Distribution

see Mobile

CDMA

Distribution

see Mobile

Distribution

Distribution

The method of delivery for programming. (Not in terms of a distributor who sells programming.)

Download Rights

Rights

Enabling the user to receive data to a local system from a remote system for personal viewing for limited time or perpetuity (commercial & non commercial, low & high quality).  Method whereby a person can receive data for personal viewing and hold it on their own computer either to own (DTO) or to view within a limited period (DTV). This may be a commercial transaction or free service.

Educational

Media Format 

See Academic access. Most archives will charge a reduced rate for the provision of material for educational purposes or to be included in educational programmes.

Exclusivity

Rights

Sole grant of transmission rights within the agreed terms of a licence e.g. a territory, language, time period etc.

Fair Use

Rights

A provision specific to US copyright law, which permits certain uses of copyright material without the owner's consent (e.g. certain limited documentary uses). Not to be confused with UK copyright law's "fair dealing."

Free TV

Distribution

Transmission of any form of programme for reception without a charge being made to the viewer to view the programme. Often by means of "over the air broadcast", "basic cable transmission " or free "satellite transmission". As opposed for paid for cable (not as common a requirement as previously).

Footage

Media Format

Technical term origination from measurement of film duration commonly used for content derived from audio-visual archives. See also "Material"

DVD

Format

see Home Video

Games

Format

see Home Video

DVBH

Distribution

see Mobile

EDGE

Distribution

see Mobile

Home  Video/DVD/Games

Media Format

The distribution of the "material" on video cassette and/or video disc (‘Videograms’), DVD, (and for Games, in particular, distribution by Internet for use in hand held and mobile devices) or on any future formats which may be played back by use of a playback device directly connected to or forming an integral part of a domestic television receiver or other device and which are intended for hire or sale to the public for private use only. 

In Flight/Transit TV

Media Format

Exhibition of the "material" to audiences as part of in-flight or other transit services (e.g. long distance coaches, and the clips that are shown in London taxis).

Internet Protocol TV (IPTV) rights

 Distribution

 

IPTV is the use of Data Networks to Deliver Television Services. It represents a convergence of broadcast and broadband delivery technologies.  

IPTV services are delivered via:
Closed Networks (Managed IPTV, Service Provider model) or
Open Networks (Web TV, Open Access model).

Internet TV

 Distribution

Television delivered by using the internet protocol over a network infrastructure which may include broadband. see Internet Protocol TV 

Internet/Web Rights

Rights

"Secured streaming rights": use of the footage for viewing only in Internet protocol by secure means for TV broadcasts or user internet websites :e.g. educational  websites,  museums, private websites, also can be commercial as in advertising campaigns being broadcast on television, viral marketing, and also available on the client website, for example.

IPTV

Distribution

see Internet protocol TV  

Licence Fee

Rights

A fee paid/charged to secure the rights for specific defined use of content

Media Format

Format

The physical format/Platform/carrier of the content. The term is used in different contexts, e.g. a television channel, cinema screen or a dvd or beta.

Mobile

Distribution

Delivery through any telecommunication service employing wireless technology (including but not limited to GSM, EDGE, CDMA, UMTS, DVBH technologies.

Mobile Technology Rights

 Rights

The right to distribute and broadcast to wireless devices (such as mobile phones) via any telecommunication service employing wireless technology (including but not limited to: GSM, EDGE, CDMA, UMTS, DVBH technologies).

Most Favoured Nations Clause

Rights

The common term for a contractual clause which requires that a license fee  (or any other definition of an agreement, including revenue shares) in a contractual relationship will not be less than the highest fee paid to one or more third parties
 

Music Videos

Media Format

A film or a video that accompanies a complete piece of music, see also pop promo

Non Commercial Exhibition

Media Format

Use of content in a non commercial context - e.g. a non fee charging museum exhibition 

Non Exclusivity

Rights

Rights granted for a fee but not excluding the same rights being sold to someone else and on a shared basis and not solely to the licensee

Non Theatrical Audience

Media Format

Not a live audience, e.g. viewing via television.

Pay per View

Distribution

(often abbreviated PPV) offers a system by which a television audience can purchase programmes to view in their homes. The broadcaster shows the programme at a predetermined/programmed time. As opposed to Video on demand systems, which allow viewers to see the programme at any time. Programmes can be purchased using an on-screen guide, an automated telephone system, or through a live customer service representative.

Pay-per-view

PPV

Distribution

see Pay-per-View

Perpetuity

Rights

For ever.

Pop Promos

Media Format

Visual performances representation on audio recordings. See also music video (same kind of production, used for promotional purpose).

Public Domain

Rights

In legal terminology, material which is "in the public domain" means material which is not protected by copyright. For example, the term of copyright protection may have expired, or which was never protected by copyright (e.g. some countries' government pub,ications). In common parlance, "in the public domain" also means "generally accessible to, or known by, all" - this use does not refer to copyright protection.

Podcasts

Media Format

A series of audio or video digital files distributed over the Internet by syndicated download, through Web feeds to any portable media players and personal computers. Often supplied free of charge (FOC) as radio or TV catch up.

 

Promotional Use

Media Format

Content supplied by a company (usually free of charge) promoting its programme, event, product or personalities. Its use may be limited to a certain context or time period.

Public Exhibition

Media Format

Programme or footage shown to audiences in closed Exhibition Space (e.g. a cinema or conference hall) to which members of the public are given access either for an admission fee or free of charge. The exhibition may be presented in an indoor or outdoor environment.

Research Fee

 Technical Costs

Fee charged for providing research services to source footage or information about footage.

Rights

 Rights

legal or moral entitlements 

Satellite

Distribution

Television delivered by communication satellites (including free, pay per view and subscription) whether encrypted or not.

Street Vision

 Media Format

 Audio-Visual content / Programme played to audience in fixed public in-door or outdoor area.  See also Public Exhibition

Stadiums

Media Format

See Public Exhibition.

Cinema

Media Format

See Public Exhibition, Theatrical Audience.

In store/point of sale

Media Format

See Advertisements.

Subscription TV

Distribution

Pay television

or premium television refers to subscription-based TV services.Some providers offer channels owned by the same company in a single package.Premium services are almost always subscribed to a la carte.

Technical/Transfer Cost

Technical Costs

Costs charged by archive or copyright owner in addition to any licence fee to supply a copy of the requested footage to the client or licencee this generally covers the cost of film transfer, video duplication digital encoding or transfer 

Television Commercials

Media Format

Short film made exclusively to promote a particular product most commonly broadcast on television and at cinema regionally nationally or in specified territories - shown in ad breaks during or in between programmes. Distinguish from advertiser funded programme, documercials and advertorials - all broadly television programming produced and paid for by an organisation often to convey a message.

Terrestrial TV

Distribution

The exhibition of the programme within the territory by free VHF and UHF television broadcast stations, the signals of which are intelligibly receivable without charge by means of home roof top or television set built-in antenna.

Territory

Territory

Defined area (including land and waters), usually a particular country or countries but may also be defined as groups of counties or types of broadcast for example Europe, EMEA (Europe, Middle East and Africa, World excluding USA , British Forces Broadcasting Service (BFBS) etc

Theatrical Audience

 Media Format

Exhibition of the Programme to live audiences. A charge for admission may be made (e.g. in commercial cinemas) or not (e.g. in a museum auditorium) .

Transit TV

Distribution

see In Flight

UMTS

Distribution

see Mobile

Video Installation

Media Format

Use of moving footage in the context of an art work.

Video on Demand rights (VOD)

Rights

The right to transmit a programme to a viewer by any distribution systems, provided that the viewer views the programme in "real time" at a time chosen by the viewer.

Web

Distribution

Delivery of audiovisual content through the Internet.

Web

Rights

see Internet Rights

 

 

 

 

 

 

 

 

 

 

 


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