blog/data/2014-08-25-video-mpegla.txt

   1 Title: Do you need an agreement with MPEG-LA to publish and broadcast H.264 video in Norway?
   2 Tags: english, video, opphavsrett, multimedia, web, standard, h264
   3 Date: 2014-08-25 22:10
   4
   5 <p>Two years later, I am still not sure if it is legal here in Norway
   6 to use or publish a video in H.264 or MPEG4 format edited by the
   7 commercially licensed video editors, without limiting the use to
   8 create "personal" or "non-commercial" videos or get a license
   9 agreement with <a href="http://www.mpegla.com">MPEG LA</a>.  If one
  10 want to publish and broadcast video in a non-personal or commercial
  11 setting, it might be that those tools can not be used, or that video
  12 format can not be used, without breaking their copyright license.  I
  13 am not sure.
  14 <a href="http://people.skolelinux.org/pere/blog/Trenger_en_avtale_med_MPEG_LA_for___publisere_og_kringkaste_H_264_video_.html">Back
  15 then</a>, I found that the copyright license terms for Adobe Premiere
  16 and Apple Final Cut Pro both specified that one could not use the
  17 program to produce anything else without a patent license from MPEG
  18 LA.  The issue is not limited to those two products, though.  Other
  19 much used products like those from Avid and Sorenson Media have terms
  20 of use are similar to those from Adobe and Apple.  The complicating
  21 factor making me unsure if those terms have effect in Norway or not is
  22 that the patents in question are not valid in Norway, but copyright
  23 licenses are.</p>
  24
  25 <p>These are the terms for Avid Artist Suite, according to their
  26 <a href="http://www.avid.com/US/about-avid/legal-notices/legal-enduserlicense2">published
  27 end user</a>
  28 <a href="http://www.avid.com/static/resources/common/documents/corporate/LICENSE.pdf">license
  29 text</a> (converted to lower case text for easier reading):</p>
  30
  31 <p><blockquote>
  32 <p>18.2. MPEG-4. MPEG-4 technology may be included with the
  33 software. MPEG LA, L.L.C. requires this notice: </p>
  34
  35 <p>This product is licensed under the MPEG-4 visual patent portfolio
  36 license for the personal and non-commercial use of a consumer for (i)
  37 encoding video in compliance with the MPEG-4 visual standard (“MPEG-4
  38 video”) and/or (ii) decoding MPEG-4 video that was encoded by a
  39 consumer engaged in a personal and non-commercial activity and/or was
  40 obtained from a video provider licensed by MPEG LA to provide MPEG-4
  41 video.  No license is granted or shall be implied for any other
  42 use. Additional information including that relating to promotional,
  43 internal and commercial uses and licensing may be obtained from MPEG
  44 LA, LLC.  See http://www.mpegla.com. This product is licensed under
  45 the MPEG-4 systems patent portfolio license for encoding in compliance
  46 with the MPEG-4 systems standard, except that an additional license
  47 and payment of royalties are necessary for encoding in connection with
  48 (i) data stored or replicated in physical media which is paid for on a
  49 title by title basis and/or (ii) data which is paid for on a title by
  50 title basis and is transmitted to an end user for permanent storage
  51 and/or use, such additional license may be obtained from MPEG LA,
  52 LLC. See http://www.mpegla.com for additional details.</p>
  53
  54 <p>18.3. H.264/AVC. H.264/AVC technology may be included with the
  55 software.  MPEG LA, L.L.C. requires this notice:</p>
  56
  57 <p>This product is licensed under the AVC patent portfolio license for
  58 the personal use of a consumer or other uses in which it does not
  59 receive remuneration to (i) encode video in compliance with the AVC
  60 standard (“AVC video”) and/or (ii) decode AVC video that was encoded
  61 by a consumer engaged in a personal activity and/or was obtained from
  62 a video provider licensed to provide AVC video. No license is granted
  63 or shall be implied for any other use. Additional information may be
  64 obtained from MPEG LA, L.L.C. See http://www.mpegla.com.</p>
  65 </blockquote></p>
  66
  67 <p>Note the requirement that the videos created can only be used for
  68 personal or non-commercial purposes.</p>
  69
  70 <p>The Sorenson Media software have
  71 <a href="http://www.sorensonmedia.com/terms/">similar terms</a>:</p>
  72
  73 <p><blockquote>
  74
  75 <p>With respect to a license from Sorenson pertaining to MPEG-4 Video
  76 Decoders and/or Encoders: Any such product is licensed under the
  77 MPEG-4 visual patent portfolio license for the personal and
  78 non-commercial use of a consumer for (i) encoding video in compliance
  79 with the MPEG-4 visual standard (“MPEG-4 video”) and/or (ii) decoding
  80 MPEG-4 video that was encoded by a consumer engaged in a personal and
  81 non-commercial activity and/or was obtained from a video provider
  82 licensed by MPEG LA to provide MPEG-4 video. No license is granted or
  83 shall be implied for any other use. Additional information including
  84 that relating to promotional, internal and commercial uses and
  85 licensing may be obtained from MPEG LA, LLC. See
  86 http://www.mpegla.com.</p>
  87
  88 <p>With respect to a license from Sorenson pertaining to MPEG-4
  89 Consumer Recorded Data Encoder, MPEG-4 Systems Internet Data Encoder,
  90 MPEG-4 Mobile Data Encoder, and/or MPEG-4 Unique Use Encoder: Any such
  91 product is licensed under the MPEG-4 systems patent portfolio license
  92 for encoding in compliance with the MPEG-4 systems standard, except
  93 that an additional license and payment of royalties are necessary for
  94 encoding in connection with (i) data stored or replicated in physical
  95 media which is paid for on a title by title basis and/or (ii) data
  96 which is paid for on a title by title basis and is transmitted to an
  97 end user for permanent storage and/or use. Such additional license may
  98 be obtained from MPEG LA, LLC. See http://www.mpegla.com for
  99 additional details.</p>
 100
 101 </blockquote></p>
 102
 103 <p>Some free software like
 104 <a href="https://handbrake.fr/">Handbrake</A> and
 105 <a href="http://ffmpeg.org/">FFMPEG</a> uses GPL/LGPL licenses and do
 106 not have any such terms included, so for those, there is no
 107 requirement to limit the use to personal and non-commercial.</p>