Two years later, I am still not sure if it is legal here in Norway +to use or publish a video in H.264 or MPEG4 format edited by the +commercially licensed video editors, without limiting the use to +create "personal" or "non-commercial" videos or get a license +agreement with MPEG LA. If one +want to publish and broadcast video in a non-personal or commercial +setting, it might be that those tools can not be used, or that video +format can not be used, without breaking their copyright license. I +am not sure. +Back +then, I found that the copyright license terms for Adobe Premiere +and Apple Final Cut Pro both specified that one could not use the +program to produce anything else without a patent license from MPEG +LA. The issue is not limited to those two products, though. Other +much used products like those from Avid and Sorenson Media have terms +of use are similar to those from Adobe and Apple. The complicating +factor making me unsure if those terms have effect in Norway or not is +that the patents in question are not valid in Norway, but copyright +licenses are.
+ +These are the terms for Avid Artist Suite, according to their +published +end user +license +text (converted to lower case text for easier reading):
+ +++ +18.2. MPEG-4. MPEG-4 technology may be included with the +software. MPEG LA, L.L.C. requires this notice:
+ +This product is licensed under the MPEG-4 visual patent portfolio +license for the personal and non-commercial use of a consumer for (i) +encoding video in compliance with the MPEG-4 visual standard (âMPEG-4 +videoâ) and/or (ii) decoding MPEG-4 video that was encoded by a +consumer engaged in a personal and non-commercial activity and/or was +obtained from a video provider licensed by MPEG LA to provide MPEG-4 +video. No license is granted or shall be implied for any other +use. Additional information including that relating to promotional, +internal and commercial uses and licensing may be obtained from MPEG +LA, LLC. See http://www.mpegla.com. This product is licensed under +the MPEG-4 systems patent portfolio license for encoding in compliance +with the MPEG-4 systems standard, except that an additional license +and payment of royalties are necessary for encoding in connection with +(i) data stored or replicated in physical media which is paid for on a +title by title basis and/or (ii) data which is paid for on a title by +title basis and is transmitted to an end user for permanent storage +and/or use, such additional license may be obtained from MPEG LA, +LLC. See http://www.mpegla.com for additional details.
+ +18.3. H.264/AVC. H.264/AVC technology may be included with the +software. MPEG LA, L.L.C. requires this notice:
+ +This product is licensed under the AVC patent portfolio license for +the personal use of a consumer or other uses in which it does not +receive remuneration to (i) encode video in compliance with the AVC +standard (âAVC videoâ) and/or (ii) decode AVC video that was encoded +by a consumer engaged in a personal activity and/or was obtained from +a video provider licensed to provide AVC video. No license is granted +or shall be implied for any other use. Additional information may be +obtained from MPEG LA, L.L.C. See http://www.mpegla.com.
+
Note the requirement that the videos created can only be used for +personal or non-commercial purposes.
+ +The Sorenson Media software have +similar terms:
+ ++ ++ +With respect to a license from Sorenson pertaining to MPEG-4 Video +Decoders and/or Encoders: Any such product is licensed under the +MPEG-4 visual patent portfolio license for the personal and +non-commercial use of a consumer for (i) encoding video in compliance +with the MPEG-4 visual standard (âMPEG-4 videoâ) and/or (ii) decoding +MPEG-4 video that was encoded by a consumer engaged in a personal and +non-commercial activity and/or was obtained from a video provider +licensed by MPEG LA to provide MPEG-4 video. No license is granted or +shall be implied for any other use. Additional information including +that relating to promotional, internal and commercial uses and +licensing may be obtained from MPEG LA, LLC. See +http://www.mpegla.com.
+ +With respect to a license from Sorenson pertaining to MPEG-4 +Consumer Recorded Data Encoder, MPEG-4 Systems Internet Data Encoder, +MPEG-4 Mobile Data Encoder, and/or MPEG-4 Unique Use Encoder: Any such +product is licensed under the MPEG-4 systems patent portfolio license +for encoding in compliance with the MPEG-4 systems standard, except +that an additional license and payment of royalties are necessary for +encoding in connection with (i) data stored or replicated in physical +media which is paid for on a title by title basis and/or (ii) data +which is paid for on a title by title basis and is transmitted to an +end user for permanent storage and/or use. Such additional license may +be obtained from MPEG LA, LLC. See http://www.mpegla.com for +additional details.
+ +
Some free software like +Handbrake and +FFMPEG uses GPL/LGPL licenses and do +not have any such terms included, so for those, there is no +requirement to limit the use to personal and non-commercial.
+