Video License Agreement

Video is now commonplace on the web. If you develop or wish to use a video made by another party, a video license agreement is the document that controls the transaction.

The ability to speed up data transfers have made video a viable form of content on the web. In the bad old days of the AOL generation, the idea of a site like YouTube flourishing was laughable given how long it took for videos to download. This is obviously no longer the case. Thank God! 

At its core, a video is a form of intellectual property. This means it can be sold or leased just like any other piece of property. Who would do this? Well, let's consider a common situation. Let's say you are selling a piece of software that does search engine optimization. It is intended for "newbies" and you need content explaining what search engine optimization is, why it is important and who can benefit. You see another site that has a perfect set of videos. You contact them to see if they will let you use the videos. They will…for a price. A written agreement needs to be created between the parties. This agreement is known as a video license agreement. 

A video license agreement establishes the parameters of what is being licensed, how it will be used, for how long and for what price. At its core, it is essentially a specialized contract. The transaction may seem straightforward, but it is actually complex. Let's look at the issue of scope of use as an example. 

The video license agreement is going to include a scope of use clause. This is going to define how and where the video is going to be used. As the video owner, you want to make sure that your video doesn't appear on a site that doesn't meet with your approval. Taking our seo situation above, what if I lease the videos from you and then put them on a "seo for adult sites" website because I don't think newbies are going to buy it? Do you want to allow this? Whatever your feeling about adult sites, this might negatively impact your overall brand. 

Then there is a simple issue like the length of the license. A written video license agreement will always contain a written term of so many months or years. An oral agreement between parties does not. This means a video content producer could lose control of their content. Do you really want to give someone your content for four or five years? There is nothing wrong with this, but the compensation should reflect the commitment. 

If you are considering leasing video as a producer or licensor, feel free to contact me at 619- 637-6043 to learn more about putting together a video license agreement. 

Richard