MANAGING YOUR DIGITAL ASSETS ADVISORY

ORANGEPAPER

WHAT IS VIDEO RIGHTS MATURITY AND WHY DO WE NEED A MODEL?Companies that produce, license, or sublicense video or film care a great deal about the rights they negotiate as licensors or licensees. Video rights tell a company how it can use the video to distribute and monetize it. Video rights help ensure a company doesn’t sell content in a way it shouldn’t. We will use video to mean audio-visual works that a company creates, distributes, or licenses. Video rights will mean the rights to sell, buy, or license a video for a wide array of rights to outlets including broadcast, cable, the Internet, mobile, and other distribution methods, as well as any additional deal rights, such as publications or merchandise.

Fast, highly integrated flows of data information are evolving within video companies to speed the processes of video creation and distribution. From contract acquisition to distribution, metadata about a video has to follow it internally, from parent title to versions, to distribution partners, even to other third parties such as IMDb, Tribune, or others. The same ability is needed—and often missing or manual—for video rights data.

The ability for a company to track the rights for a video it owns or licensed or the rights it has given to a licensee gives that company knowledge and control over what it owns. This is generally understood to be “rights management.” The more video rights management is based on efficient information flow and integration, the faster and more effective the company will be in protecting and monetizing the videos it has sold, bought, or licensed. The rapid evolution and dynamic nature of the contemporary video market has outpaced the abilities of many rights-related systems. In this context, assessing a company’s maturity for the systems, people, and processes that manage video rights is a

first step—and then a continuing process—to updating and prioritizing costly gaps in a company’s rights capabilities. These gaps prevent a company from being as integrated and efficient in its markets as it could be and increase its legal risk. Importantly, unexploited rights leave backlist and other markets unexploited.

The value of maturity models has been well demonstrated and is applied to numerous areas of practice. Maturity models help an organization to define processes which should be measured and against which improvements can be monitored. Maturity models create the overall context for common conversation and their benefits are well documented. Lately, other areas of professional practice have seen widespread use of maturity models—including content management, digital asset management, electric grid cybersecurity, e-learning, and more. We assert that the changing landscape of video rights creates the need for a video rights maturity model to help the industry apply this proven methodology to an area of great need.

MANAGING YOUR DIGITAL ASSETS ADVISORY

WHO WILL NEED RIGHTS MATURITY ASSESSMENTS?Any discussion of what it means to be “mature” will take into account the size, the requirements, and the distribution outlets of the company as well as the people, processes, and systems available to them. The implications from assessing a company’s level of video rights maturity will vary as a result—from the small production company to the conglomerate media company.

The following roles within media organizations are impacted by video rights and will find an assessment of their rights’ state valuable:

• Producers\Owners

• Attorneys

• Rights and clearances

• Finance

• Sales

• Production

• Marketing and PR creative departments

• Libraries and archives

• Broadcast and digital distribution

• IS and technical operations

Given the breadth of video rights’ impact on an organization, it’s prudent to assess how video rights are created, defined, and disseminated across a company. When a company has a thorough view of its rights landscape and needs, it will become more proactive and agile in rights management, sales, distribution, and other areas.

Further, the proliferation and velocity of new methods and devices for distribution of video are severely straining many companies’ traditional rights landscapes. A video rights maturity

assessment is an opportunity for a company to level set its current rights state and prepare for the iterative efforts essential to meet dynamic, often disruptive, video market forces. Indeed, the maturity model itself will need to iterate over time for these same reasons!

Let’s briefly review these video rights, how they work, the factors that influence their definition, calculation, and dissemination within a company or with contracted partners.

RIGHTS ATTRIBUTES: LAYING OUT THE BASICSVideo rights consist of multiple attributes that work in tight combination with each other that determine how a video may be used or sold.

Video rights have discrete meaning by working together in combination in this way much as one cannot define one’s birthdate by month or year alone, but must use the combination of month-day-year. Video rights consist of a minimum of eight attributes that operate in this combination; some companies define more but these are the essentials. Each video can have multiple combinations of these rights attributes to define what is being allowed with that work in a contract. These rights attributes are:

• The video asset

• The terms

• The rights

• The distribution method

• The territories

• The languages

• Play definitions

• Exclusive or non-exclusive uses

The rights granted by the seller\licensor to the buyer\licensee are evaluated, interpreted, and usually stored in a system of some kind. By calculating the combination of these rights, a company can ask what availability it has for a territory, for a right, for a distribution channel...for any attribute or combination of these attributes for one video or all its videos. These availability reports are widely produced by rights management systems and are a key rights data artifact in many companies. The level of detailed rights reporting and the flow of this rights information in a company help measure its rights maturity.

Before assessing a company’s video rights state, the five considerations that affect how a video may be used within a company or outside of it are:

1. Rights vocabulary and interpretation

2. Third-party rights

3. Timing

4. Trusted rights relationships

5. Rights management and reach

1. Rights Vocabulary and the Gambit of Contract Interpretation.

When negotiating video rights attributes in a contract, a company must be clear about how it understands the terms being used and defined, both internally and with the other party. There is no standard, widely accepted video rights schema or vocabulary in the media industry. Therefore, each party can be using a slightly different video rights schema or have a different understanding of their vocabularies.* Here is where the gambit of interpretation comes in: Each side in the agreement can interpret the contract wording narrowly or widely as it serves their individual benefit if the contract is not written very

carefully. Licensors try to write their video deals as narrowly as possible while licensees try to negotiate their deals as broadly as possible. This interpretation can also come into play when new forms of distribution arise that did not exist when the original video contract was written. Was the new right attribute implied or not?

2. Third-Party Rights Many video works contain not only original material shot by the producer(s) but also third-party works such as music, photos, graphics, and other materials. Each of these elements may have their own contracts and the rights granted are calculated along with the rights granted for the producer’s content. In addition to third-party materials, content licensors may also have to consider talent and guild agreements that impact usage and payments for the video.

3. Timing Is EverythingIf calculating all of these video rights could only be an exercise done once in time, then that alone would cut a significant effort of rights management teams and systems. But as the saying goes, “timing is everything.” What is available today (the video, the third party element, the talent agreement), may not be available tomorrow, so organizations have to keep asking themselves again and again, “What do I—right now—have the rights to?”

4. Rights Vocabularies and TrustRelationshipsTo what extent does a company trust those tasked with interpreting video rights quickly and accurately? Colleagues may be asking, “Are they doing it right? Why is it taking so long?” Conversely, those tasked with the interpretation of rights may not trust others in

*The topic of a common vocabulary for rights is worthy of separate, deeper research and exposition. Some organizations have begun this work, such as the Independent Film & Television Alliance (IFTA), and various groups have proposed schemas, such as METSRights, ODRL, and MPEG-21, and others.

the company to understand video rights well enough to use the content correctly (“They won’t know what subscription streaming video-on-demand means,” “They just want to sell; they’ll overlook the rights”). To a company dependent on video rights, the lack of trust across people and systems prevent the speedy flow of rights information for creative use of a video, to develop new video versions, or to quickly and accurately make video sale offerings.

5. Rights Management and Reach.Finally, the ability to know where a company has sold video content and to be able to disable or pull that content back from digital distribution or digital outlets when it is being used incorrectly or is in litigation would be a powerful tool. If a dynamic, embedded semantic tag in the video reported back that a video was used outside the rights attributes granted, the licensing company could determine to disable it or not depending on its relationship with the partner. Digital Rights Management (DRM) can embed simple tags of rights information in a video and disable or destruct a video past a contractual end date, but more sophisticated capabilities are still developing. This is an exciting and emerging area.

These five considerations are taken into account in the rights maturity model and influence how a company can assess their video rights current state across the array of Video Rights Maturity Facets.

VIDEO RIGHTS MATURITY FACETS AND A PRACTICAL APPLICATIONWith an understanding of video rights attributes and the five considerations that impact rights usage in a company, we can create a conversation around a rights maturity model. Optimity Advisors offers this set of definitional areas or

facets essential to video rights maturity and five levels of maturity for each facet. In the next section of this paper, we present a complete Rights Maturity Model Matrix for companies to use for self-assessment.

These facets and the model will help your organization to work together on these complex and changing issues. The model will assist anyone who is tasked in organizations with interpreting, maintaining and disseminating rights inside and outside their company. As rights management on any scale is usually managed with systems and interfaces and many creators and consumers of video rights exist, it is recommended that key stakeholders across the company form a video rights maturity assessment team. Every company is different and you will need to identify those video rights information “owners” and “consumers” across your organization that can provide input to the assessment. We encourage a wider outreach as an approach to creating a common ground through the model.

To determine your organization’s current state, plan to use the model to “self-assess” the current state at your organization—take a look at Part II of the paper at the actual model and you’ll see what we mean here. To get ready for this, the next section presents the “building blocks of the maturity model. The Facets of Rights Maturity for Video Acquisition or Licensing below will guide you in completing the rights maturity model. The facets in this model take into account the people, methodologies, processes, and systems that enable a maturing video rights state to grow. And remember—not all facets may apply to all organizations.

A controlled rights vocabulary is used.

System(s) exist to track rights for the video title asset.

System(s) exist to track rights for the parent video title asset and its third-party assets’ rights.

Timely availability reporting within a time window exists.

Timely “why not” availability reporting within a time window exists.

Video rights attributes and information are understood and shared to allow the timely dissemination of rights information across the company.

Within the system(s) of record for the rights lifecycle from acquisition to distribution, a common rights vocabulary is defined and used across systems and processes. There is enterprise agreement and understanding of the most business-critical rights terms.

From Excel sheets to full rights management systems, the enterprise has the people and the systematic means to evaluate a video’s rights attributes to know the rights acquired from the licensor or rights licensed to a licensee for a video asset.

From Excel sheets to full rights management systems, the enterprise has the people and the systematic means to evaluate the video rights attributes to know the rights acquired from the licensor or rights licensed to a licensee for a video asset and all its related third-party agreements.

People, processes, and systems exist to produce lists of available video assets or rights attributes to use or sell within a time window. These lists have calculated the videos’ attributes and include considerations that impact availability: producer title rights, third-party rights, talent or guild agreements, or existing exclusive sales of the video.

People, processes, and systems are in place to produce lists of non-available video assets that cannot be used to sell within a time window and the reason why not: expiration, exclusivity is sold, etc. This serves the business by allowing it to renew expired third-party elements or renegotiate talent terms to make the video asset available again.

Rights are served through processes and systems that allow internal business clients to get video rights information as needed without reliance on an intermediary department for their core, business critical video rights.

Facets of Rights Maturity for Video Acquisition or Licensing

Facet Description

1

2

3

4

5

6

Rights information flows systematically and appropriately from acquisition to delivery.

Digital Rights Management (DRM) technology is implemented.

Rights systems are integrated with internal financial systems.

Rights systems support external partners in self-service reporting.

Rights flow in an automated fashion and disseminate rights to other systems as needed in the organization’s ecosystem.

Rights metadata such as licensor and rights attributes are embedded in the video asset for internal tracking and inheritance as versions of the video are made or to identify and track rights granted to a specific licensor using a DRM program. The organization’s DRM or other processes or systems are used to identify videos out of license or in litigation and can disable or retrieve them from distributors.

Contract language for the definition of royalties or participations per unique rights combinations are system-managed and connected to financial systems for processing and statement reporting. Video contract-defined contractual milestone payments and amortizations calculations are integrated with the rights management and\or financial systems.

External partners have the ability to securely view information on their partnership such as video asset usage, contract payments, royalties due, or participations owed.

Facets of Rights Maturity for Video Acquisition or Licensing

Facet Description

Please proceed to the Video Rights Maturity Model Matrix on the next page to assess the current state for your company.

Optimity Advisors is available to help your organization perform video rights assessment workshops, identify gaps, and develop a strategic rights maturity roadmap.

7

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.

Vid

eo r

ight

s ar

e ba

sed

on a

co

mpa

ny’s

stan

dard

rig

hts

voca

bula

ry, a

re o

rgan

ized

in

to s

yste

ms

of r

ecor

d by

rig

hts

man

agem

ent

subj

ect

mat

ter

expe

rts,

and

are

diss

emin

ated

acr

oss

the

com

pany

to

inte

rnal

co

nsum

ers

trai

ned

in

unde

rsta

ndin

g th

eir

criti

cal

vide

o ri

ghts

dat

a.

6R

ight

s at

trib

utes

an

d in

form

atio

n ar

e un

ders

tood

and

sha

red

to a

llow

the

tim

ely

diss

emin

atio

n of

rig

hts

info

rmat

ion

acro

ss t

he

com

pany

.

Rig

hts

man

agem

ent

is

base

d on

an

indu

stry

st

anda

rd v

ideo

rig

hts

voca

bula

ry t

hat

is w

idel

y un

ders

tood

, vis

ible

w

ithin

the

com

pany

and

is

eva

ngel

ized

with

its

part

ners

.

Vid

eo R

ight

s M

atur

ity

Mod

el M

atri

x

Face

t

Ad

Hoc

(1)

Inci

pien

t (2

) Fo

rmat

ive

(3)

Ope

rati

onal

(4)

Opt

imiz

ing

(5)

Vid

eo r

ight

s in

form

atio

n is

man

aged

man

ually

w

ithin

bus

ines

s si

los,

its

entr

y is

dup

licat

ed in

va

riou

s sy

stem

s th

at a

re

not

inte

grat

ed a

cros

s th

e w

orkfl

ows

that

dep

end

on

righ

ts.

Vid

eo r

ight

s ar

e st

ored

in a

ri

ghts

man

agem

ent

syst

em

and

som

e cr

itica

l int

erfa

ces

supp

ortin

g co

re w

orkfl

ows

exis

t. T

he p

oten

tial f

or

furt

her

auto

mat

ion

exis

ts

Cor

e vi

deo

righ

ts

info

rmat

ion

is in

tegr

ated

ac

ross

key

bus

ines

s sy

stem

s th

at r

equi

re t

hem

, en

ablin

g vi

deo

righ

ts

self-

serv

ice,

som

e se

arch

, an

d di

scov

ery

of a

vaila

ble

cont

ent.

Vid

eo r

ight

s ar

e un

ders

tood

to

requ

ire

a ri

ghts

man

agem

ent

syst

em

and

initi

al r

epor

ting

is

used

to

pass

vid

eo r

ight

s in

form

atio

n to

oth

ers

that

ne

ed it

. Dup

licat

ive

righ

ts

data

ent

ry a

cros

s sy

stem

s st

ill e

xist

s.

Rig

hts

info

rmat

ion

flow

s sy

stem

atic

ally

from

ac

quis

ition

to

deliv

ery.

Hig

hly

auto

mat

ed in

tern

al

vide

o ri

ghts

pro

cess

es

exis

t to

spe

ed t

he s

earc

h,

disc

over

y, di

stri

butio

n, a

nd

digi

tal r

ight

s m

anag

emen

t of

a c

ompa

ny’s

vide

os.

7

Trac

king

of d

istr

ibut

ed

digi

tal v

ideo

con

tent

is

done

man

ually

or

via

dist

ribu

tion

syst

ems’

re

port

ing.

Whe

n lit

igat

ion

caus

es t

he r

etri

eval

of

cont

ent,

the

retr

ieva

l pr

oces

s is

man

ual v

ia

emai

l, et

c. T

he a

bilit

y to

m

onito

r an

d re

trie

ve v

ideo

us

ed o

utsi

de o

f the

rig

hts

attr

ibut

es g

rant

ed d

oes

not

exis

t.

Trac

king

of d

istr

ibut

ed

digi

tal v

ideo

con

tent

is

done

man

ually

or

via

dist

ribu

tion

syst

ems’

re

port

ing

and

is u

nwie

ldy

and

unre

liabl

e du

e to

vo

lum

e of

con

tent

or

num

ber

of d

istr

ibut

ors.

The

com

pany

iden

tifies

its

abi

lity

to c

ontr

ol it

s di

stri

bute

d co

nten

t is

a

risk

.

A D

RM

sys

tem

is

iden

tified

as

nece

ssar

y an

d pr

elim

inar

y im

plem

enta

tion

exis

ts fo

r co

re m

etad

ata

and

vide

o te

rm e

nd d

ates

. It

is p

ossi

ble

to m

ore

easi

ly

repo

rt a

nd fi

nd c

onte

nt

out

of li

cens

e, a

lthou

gh t

his

is s

till a

par

tially

man

ual

exer

cise

.

A D

RM

sys

tem

is

impl

emen

ted

and

core

rig

hts

attr

ibut

es

are

embe

dded

in t

he

digi

tal v

ideo

file

. Tim

ed

wat

erm

arki

ng, s

elf-

dest

ruct

ion,

or

othe

r m

etho

ds a

re a

vaila

ble

to

disa

ble

the

cont

ent

past

co

ntra

ctua

l ter

m e

nd d

ate.

8D

RM

is im

plem

ente

d.D

RM

is s

een

to r

equi

re

indu

stry

and

tec

hnol

ogy

effo

rts

to e

nfor

ce t

he u

se

of v

ideo

con

tent

bas

ed o

n te

rm e

nd d

ates

but

als

o on

oth

er g

rant

ed r

ight

s at

trib

utes

. The

abi

lity

to

with

draw

or

disa

ble

the

cont

ent

outs

ide

thos

e gr

ante

d at

trib

utes

bec

omes

po

ssib

le.

ABOUT OPTIMITY ADVISORSOptimity Advisors is a rapidly growing, multi-industry strategy, operations and information technology advisory firm with multiple locations throughout the United States, United Kingdom and Europe. We specialize in the critical set of services that sit between high-level strategy and delivery and execution. We provide a strategic outlook through proven methodology, knowledge and instinct, helping to craft an actionable future vision that aligns with your long-term goals and objectives. We bring an end-to-end industry understanding to help you rise above the day-to-day, focus on the opportunities ahead and align your organization for success.

ABOUT THE AUTHORSJulia GoodwinJulia Goodwin is a Senior Manager at Optimity Advisors. She has 15 years of experience in the media industry, improving workflows, designing and implementing systems that accelerate the flow of video metadata, rights, scheduling, content and distribution across multiple platforms.

John HorodyskiJohn Horodyski is a Partner with Optimity Advisors with over 13 years of management strategy experience in DAM, metadata and taxonomy design, digital and social media marketing, and brand strategy. John has provided strategic direction and consulting on DAM implementations, including metadata and taxonomy design for a variety of Fortune 500 clients from consumer packaged good to the pharmaceutical industry, and media and entertainment. John also serves as Adjunct Faculty at San Jose State University where he teaches a graduate course in DAM.

PARTNER CONTACTJohn Horodyskijohn.horodyski@optimityadvisors.com183 Madison Avenue, Suite 1205New York, NY 10016Main: 202.540.9222Fax: 202.540.9223www.OptimityAdvisors.com

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