Problem Globale Distribution
The Internet is a worldwide phenomenon, with each country is the World Wide Web connected. Through this unique network, a global market, as he never before has been present. Content can be simple, fast and virtually free of charge on the Internet and distributed. This leaves the film and video industry to strong sales increases hoped. To date, however, is quite the opposite been the case. Territorial licensing models, in the traditional distribution certainly have their advantages, make it difficult on the global Internet video market the film distribution. The main advantage of the traditional distribution model is the possibility for each individual state contracts. This can be for the rights holders to be profitable, as the world's licenses. But the method of production can affect the licensing model. For international co-productions are the licenses according to the co-producers and financiers distributed. Co-producer TV stations also require the online rights to their territory. The system and the structure of the global network Internet, the world has undoubtedly brought closer together. Never before has it been possible, as quickly and easily information and intangibles all over the globe, to distribute and share. The new capabilities of the World Wide Web, but quickly come to their limits. As soon as works associated with copyright traded will inevitably be confronted with the territoriality principle, which states that the current law of the country in which the exploitation takes place, must be applied. Has the producer, for example, the exploitation rights to his film acquired for Europe, but not for the rest of the world, so the film can only be used in Europe. The basic idea of online distribution is thus very limited, the full benefit can not be exploited. In addition, that in each country different laws may apply. Do you now for each country to obtain their rights, the already difficult for the production, also result in additional sales. No to low budget films can often turn the entire bandwidth of the Internet as they complete the film and eigenproduziert financed it. Often even simple reason, because the movie could not otherwise finance. The cash shortage has also forced them to abandon certain licenses, the film must often be saved. In some cases, but music, whose rights were not clarified. The filmmakers have in all exploitation rights to the film, but not on the set of music. This is because the Internet obviously not a legal vacuum is an online distribution impossible. However, since the bulk of the “new filmmakers” that Aspect not taken into account, such examples are found in large quantities on the Internet, for example on YouTube. The result: these blocks YouTube videos, to the extent of revenue generated by advertising models are recovered. YouTube is trying more and more, however, the rights holders whose rights are violated, the proceeds to participate, so a plea to escape and the perpetrators revenue guarantee (see advertising business). Many rights-holders to accept this model and can be used instead of lengthy complaints license attract funds. This will comply with “tolerated” and not prosecuted, but rather it participates in it. If it is not the usefulness of the law in question? Examples of the licensing problem abound. An increasing number of videos on YouTube in some countries can not be played. The bulk of the U.S. offer content such as Hulu, NBC, iTunes is not available in Europe. If the full potential of the global online video market using the existing licensing models for online distribution to take into account a simple fact, global and legal dissemination possible. It is neither for the rights holder for the aggregators still make sense, if customers use a service every second and can not view video. The effect, which is reached: the annoyed customer service is not more use.
Figure 65: Hulu content can currently only available in the U.S. are consumed. Many companies have already begun their lack of rights in catalog buy in order to provide a seamless distribution possible. So says Anthony Soohoo, Senior Vice President of CBS Interactive's, Entertainment and Lifestyle division: “Our goal is to make as much content as possible available online. We were able to get the international rights of these clips. At this point, we're learning to walk before we can run. “ [1] The European Commission has adopted 2008 the issue of multi-territorial licenses up and suggests a reorientation before. Commissioner Viviane Reding argued that regional licenses are necessary, so that a single European market to develop. A study of Metadata Image Library Exploitation (MILE) on Multi-Territory Rights Licensing (MTRL) summarizes the debate as follows: “There are opposite opinions on an eventual EC recommendation for MTRL (opposite opinions both use the same arguments to sustain their positions – cultural diversity-). MTRL main limit is intrinsic: the recommendation should at the same time be general (fair) and user oriented (representative of cultural diversity and of the different perception of IPRs). Globalization is the most challenging driver: MTRL limited to European countries may stimulate piracy and generate conflicts jurisdiction or copyrights of migration towards countries which grant source IP duration. Furthermore, MTRL could become obsolete proposing normative recommendations in a fast changing technology domain dependent and strongly dependent market. Although there is a strong demand for pan-European legislation, MTRL eventually could not be addressed nor limited to EU countries. The effects would limit the potential of European countries and the rising market potential. More than Recommendations from the EC, some stakeholders are in favor of EC Directives or supporting the harmonization and improvement of existing international agreements. “[2] read more size=”1″
[1] Lawler, Ryan (2009.02. 24.) CBS's TV.com Goes International. In: http://www.contentinople.com/author.asp?section_id=450&doc_id=172616 (Stand: 26.03.2009) [2] Minelli, Sam H. (2008): Creative Content Online: Multi-Territory Rights Licensing, the European Commission Regulatory Consultation, and the Orphan Work issues. In: http://www.mileproject.eu/asset_arena/document/LI/IPR_CEPIC_JUNE_2008_ORPHAN_WORKS_MULTI_TERRITORY_LICENSING_ALI.PDF (Stand: 24.04.2009)
