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Checklist for Video Content Licensing

: Protect Your Work and Profit

Licensing your video content? Here's what you need to know:

  1. Check ownership and rights before licensing

  2. Understand core license components

  3. Follow legal rules to avoid costly mistakes

  4. Set up fair revenue sharing

  5. Establish content delivery and security protocols

  6. Track usage and keep licenses up-to-date

Why it matters: Proper licensing protects your work, generates income, and expands your reach. Get it wrong, and you could face legal trouble or miss out on profits.

Key takeaway: Always get permissions in writing, choose the right license type, and stay on top of usage and expiration dates.

Pro tip: Consider working with a lawyer to draft solid agreements that cover all bases.

Related video from YouTube

1. Check Before Licensing

Before you start licensing video content, you need to do some homework. Here's what you should check:

Confirm Who Owns the Content

First things first: figure out who actually owns the stuff you want to use. Why? Because:

1. Copyright is automatic

In Canada and many other countries, copyright kicks in as soon as someone creates something. So, pretty much everything online is protected, even without a fancy copyright symbol.

2. You need a paper trail

If you're making a film or video for broadcast or public distribution, you've got to prove you have the right to use every single thing in it that you didn't create yourself. That includes scripts, music, photos, film clips, and graphics.

3. Contracts can complicate things

Check for any existing contracts that might mess with ownership rights. Freelancers usually own the copyrights to their work, but work-for-hire agreements can change that.

Pro Tip: Always talk to rights holders before using their stuff. Get clear on exactly what you're allowed to do, and get it in writing.

Check Third-Party Rights

Even if you've got the okay from the main content owner, you're not done yet. You need to clear all the third-party elements too. Here's the deal:

1. Music is tricky

Every song is copyrighted as soon as it's created. To use a song, you need to get the right permissions. YouTube's Creator Studio can help you check if a song is okay to use.

2. Visual elements have their own copyrights

Photos, graphics, and film clips often have separate copyrights. Make sure you have permission for each one.

3. Public domain and Creative Commons aren't a free-for-all

Some content might be in the public domain or available under Creative Commons licenses. But don't assume - always check the terms carefully.

4. Fair use isn't what you think

Just because you're not making money or you're using something for education doesn't mean it's automatically fair use. You need to do a proper fair use analysis, and it's best to get legal help with that.

Heads up: Using copyrighted stuff without permission can cost you big time. In the U.S., you could be on the hook for $750 to $30,000 per work you use without permission - even if you didn't mean to break the rules.

To stay safe and follow the rules, try these steps:

  1. Go through your videos and take out anything you don't have permission to use.

  2. Use public domain or properly licensed free/open-source stuff when you can.

  3. If you can't find free options, license content from reputable sites.

  4. Keep records of all the permissions and licenses you get.

2. Core License Parts

Let's break down the key elements of video content licensing agreements.

Choose License Type

Your license type sets the foundation for your agreement. Here's what you need to know:

Exclusive vs. Non-Exclusive

Exclusive licenses give the licensee sole rights to your content. It's like handing over the only key to your house. Non-exclusive licenses allow multiple parties to use the same content - more like giving out copies of your house key.

Here's a quick comparison:

License TypeProsCons
ExclusiveHigher revenue potential, stronger market positionLimited revenue streams, risk of underutilization
Non-ExclusiveFlexibility, wider market reachReduced control, increased competition

If you're new to the game, non-exclusive licenses can help you spread your content far and wide. But if you've got a hot property, an exclusive license might fetch a higher price.

Set Money Terms

Let's talk about the cash. Clear money terms are the backbone of your licensing agreement. Here's what to cover:

  1. Revenue Split: How will you divide the pie? 50/50? 60/40? Be specific.

  2. Payment Schedule: When will the money hit your account? Monthly? Quarterly? Annually? Spell it out.

  3. Payment Method: Direct deposit? PayPal? Make it clear.

  4. Minimum Guarantees: Consider setting a floor for your earnings. This ensures you get paid even if sales are slow.

Here's a real-world example: In March 2022, an indie filmmaker licensed her documentary to a streaming platform. She negotiated a 70/30 split in her favor, with monthly payments and a $5,000 minimum guarantee. This setup gave her steady income and protected her downside.

These terms aren't set in stone. They're negotiable. Don't be shy about asking for what you want, but be ready to meet in the middle.

Pro tip: Include a clause about auditing rights. This lets you check the books and make sure you're getting your fair share.

3. Legal Rules to Follow

Video content licensing comes with its own set of legal challenges. Let's break down the key areas you need to focus on to stay out of trouble.

Clear IP Rights

Clearing intellectual property (IP) rights isn't just important - it's non-negotiable. Here's the deal:

Get Permission for Everything

You need to clear EVERY element in your video. This includes:

  • Talent appearances

  • Music

  • Stock footage

  • Graphics

  • Logos

Don't think you can slip something by unnoticed. In March 2022, a major streaming platform got slapped with a $25 million lawsuit for using an artist's music without proper clearance in a popular series. Ouch.

Document Everything

Keep detailed records of all permissions and licenses. This paper trail is your best defense if things go south.

Broaden Your Rights

When licensing footage or other content, go for the widest possible usage rights. It might cost more upfront, but it can save you major headaches later.

Here's a real-world example: In 2023, Company X licensed stock footage for a commercial. They were smart and negotiated rights for use across all media and distribution platforms. Later, when they wanted to use that footage for a social media campaign, they didn't have to jump through any extra legal hoops.

Follow Data Laws

Data protection in video distribution is tricky. Here's how to avoid stepping on legal landmines:

Know the VPPA

The Video Privacy Protection Act (VPPA) is a big deal. It stops video service providers from sharing consumer data without consent.

In 2019, Google had to cough up $170 million because YouTube allegedly collected children's personal information without parental consent. That's not chump change.

Get Clear Consent

Always get clear, explicit consent from users before collecting any data. It's not just good manners - it's often the law.

Stay Up-to-Date

Keep your cookie preferences and data practices current. The digital world changes fast, and your compliance measures need to keep up.

Less Tracking = Less Risk

Cut down on user tracking technologies. It's not just about reducing legal risks - it also builds trust with your audience.

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4. Money Sharing Setup

Setting up a fair revenue sharing system is key when licensing video content. Here's how to make sure everyone gets their fair share:

Payment Rules and Reports

Clear rules and open reporting are the backbone of a good revenue sharing deal. Let's break it down:

Where's the Money Coming From?

First, list all the ways your licensed videos might make money:

  • Ads

  • Subscriptions

  • Pay-per-view

  • Sponsorships

  • Merch sales

Picking a Sharing Model

Choose a model that fits your needs:

1. Percentage Split: Each party gets a fixed cut of the total.

2. Tiered System: Percentages change based on how well the content does.

3. Subscription-Based: Earnings tied to how much people watch or engage.

4. Mix and Match: Blend different models to create a custom solution.

Take YouTube, for example. They keep it simple: creators get 55% of ad money from their videos. It's straightforward and motivates creators to make stuff people want to watch.

Spelling Out Payment Details

Your agreement should cover:

  • How often you'll pay (monthly, quarterly, yearly)

  • Minimum amount before you pay out

  • How you'll send the money (bank transfer, PayPal, etc.)

  • What currency you'll use and how you'll handle exchange rates

Keeping Everyone in the Loop

Good reporting builds trust. Include:

  • A breakdown of where the money came from

  • How the content performed (views, likes, etc.)

  • Past data to spot trends

Some platforms, like Muvi TV, let creators see their earnings in real-time. It helps them understand what's working and what's not.

Checking the Books and Solving Problems

Make sure your agreement allows for:

  • Regular checks of the financial records

  • A clear way to solve payment disagreements

This keeps everyone honest and can prevent big legal headaches. In 2022, a big streaming company got sued for $25 million because of payment issues. Good rules can help avoid that mess.

Guaranteeing a Minimum

For big-name creators or top-notch content, think about promising a minimum payment. It gives them a safety net while they build an audience. For instance, a popular YouTuber might get a $10,000 monthly guarantee from a new platform, even if their videos don't take off right away.

Staying Flexible

Be ready to change your sharing model as the market shifts. The video-on-demand world is growing fast - it's expected to hit $231.50 billion by 2027. This growth might bring new ways to make money and change how revenue is shared.

5. Content Delivery Rules

Let's talk about video content licensing. Getting the tech stuff right is a big deal. We'll cover video formats and how to keep your content safe.

Video Format Rules

Picking the right video format isn't just about looking good. It's about making sure your video works everywhere and doesn't eat up too much space.

MP4: The Go-To Format

MP4 is like the Swiss Army knife of video formats. It works pretty much everywhere. Even YouTube says it's the best for quality. Here's why it's so good:

  • Works on most devices and platforms

  • Gives you great video and audio quality

  • Doesn't take up too much space

Other Formats You Might Use

MP4 is great, but sometimes you need something else:

  • MOV: Works best with Apple stuff

  • WEBM: Google made this one, it's great for websites

  • MKV: Can handle lots of different codecs, perfect for storing high-quality videos

Quick Tip: Always keep your original files. Every time you compress a video, it loses a bit of quality. Having that high-quality original is super important.

Content Security

Making sure your licensed videos are safe is just as important as making them. Here's how to keep them locked down:

1. Use Encryption

Think of AES encryption like a digital safe for your video. Only people with the right key can open it.

2. Block by Location

Netflix did this in 2022. They only let people watch certain stuff based on where they were. It helped them follow their licensing rules and control where their content went.

3. Add Sneaky Watermarks

This cool tech puts a special mark on each video stream. If someone tries to record and share your stuff, you'll know exactly who did it.

4. Use Digital Rights Management (DRM)

DRM is like a bouncer for your videos. It controls who can watch, copy, or share them. Big names like Amazon Prime Video use DRM to protect their exclusive shows and movies.

5. Host Your Videos Securely

Pick a hosting service that takes security seriously. Vimeo, for example, lets their Pro and Business users add passwords and limit access to specific websites.

6. Tracking and Updates

Keeping an eye on your licensed video content is key. It's not just about protecting your work - it's about understanding its reach and value. Let's look at how to track content use and manage license dates effectively.

Track Content Use

Monitoring your licensed videos helps you grasp their impact and catch any misuse. Here's how:

Content Recognition Software

This tech is your digital detective. Take ivitec's MediaSeeker, for example. It uses video fingerprinting to find your content across platforms. It's like a high-tech search party for your videos.

What makes it cool?

  • Works without watermarks

  • Scans TV, Pay TV, and online channels

  • Gives real-time updates on content appearances

Regular Reports

Don't wait for issues to find you. Set up a system for regular updates. YouTube's Content ID is a good example. It flags potential copyright issues and shows how your content is used across the platform.

License Usage Monitoring

For software-based content like editing tools, keep tabs on license use. Many platforms offer detailed reports. You might track:

  • Number of connected licensed users over time

  • Peak usage levels

  • Usage by domain or project

This info is gold for renewals or spotting overuse.

Check License Dates

Staying on top of when licenses expire is crucial. Here's how:

License Calendar

Set up a digital calendar for your content licenses. Mark key dates:

  • When licenses start

  • When they expire

  • When to send renewal notices

Use a tool that alerts you well before these dates. It gives you time to evaluate and plan.

Regular License Audits

Don't let expiration dates sneak up on you. Do quarterly checks of all active licenses. During these checks:

1. Look over each license's terms

2. See if usage or performance has changed

3. Spot licenses that might need new talks

Automation

Use software that tracks license dates and usage automatically. Some rights management platforms can:

  • Send alerts when a license is about to expire

  • Create reports on how licenses perform over time

  • Flag odd usage patterns that might mean trouble

Next Steps

You've gone through the video content licensing checklist. Now it's time to put that knowledge to work. Here's how to make the most of your video licensing efforts:

1. Find Your Best Content

Look at your videos. Which ones could make money through licensing? Think about what makes them special, how good they look, and if people want them. In 2022, nature videos were hot - licensing requests jumped by 35%.

2. Pick Your Licensing Style

Exclusive or non-exclusive? It's a big choice. Exclusive deals can pay more, but you can't sell to others. When National Geographic went exclusive with their wildlife footage in 2021, they made 150% more money than before.

3. Keep Track of Everything

You need to know where your videos end up. Tools like MediaSeeker from ivitec can help. They've helped creators get back millions in fees from people using their stuff without permission.

4. Get Your Paperwork Right

Team up with a lawyer to write solid licensing agreements. Cover all the bases - how people can use your videos, how you'll get paid, and how to keep your content safe. Here's what Enrico Schaefer, a licensing lawyer, says:

5. Don't Rely on Just One Income Source

Spread your bets. Here are some ways to make money:

  • Ads: YouTube pays about $3-5 for every 1,000 views.

  • Sponsors: Companies like Skillshare and Audible love to sponsor videos.

  • Stock footage: Sites like Storyful can help you sell your clips.

6. Watch the Market

By 2025, digital content creation could be worth over $16 billion. Keep an eye on new platforms and what viewers want.

7. Lock Down Your Content

Protect your work. Use encryption, geo-blocking, and digital rights management (DRM). Big players like Amazon Prime Video use DRM to stop people from sharing their exclusive shows and movies.

FAQs

How to license video content?

Getting permission to use video content isn't rocket science. Here's what you need to do:

  1. Find out who owns the video

  2. Figure out how you'll use it

  3. Talk to the owner and work out a deal

  4. Get it in writing

Simple, right? But here's the catch: different uses might need different permissions. Using a clip on your blog? That's one thing. Putting it in a Super Bowl ad? That's a whole other ballgame.

Bottom line: Know what you need, and get it in black and white.

How much should I charge to license my video?

Pricing video licenses isn't one-size-fits-all. It's more like a sliding scale. Here's what affects the price:

  • How it's used

  • How long it's used

  • Video quality

  • Is it exclusive?

Let's talk numbers. Getty Images, the big dog in stock media, charges about $499 for a 30-second 4K video with limited use. Want unlimited commercial use? That'll be $7,000+.

New to the game? Start with 10-25% of your usual project fee. So if you normally charge $1,000 for a video, ask for $100-$250 for licensing.

But remember, these are just ballpark figures. Your situation might be different. Don't be shy about negotiating, especially with big brands or for extensive use.

And here's a pro tip: "I think spending 30 minutes with a lawyer just might be worth your while." Smart words from an industry insider. When it comes to complex licensing deals, a little legal advice can go a long way.

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