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#1 in Contract Rights Management

Jaguar Consulting, Inc. (http://jaguartc.com/)
www.jaguartc.com - Pasadena, California - Lincoln Center, New York - London, UK

Recognized World Leader in Rights & Royalty Management Systems


NEWS
March 2003


Overflow Seminar - 7 March - Pasadena - System 7 Live

Monday’s seminar was such a success that a second opportunity has now been scheduled for Friday 7 March from 9:30 to 12 Noon at Jaguar’s world headquarters in Pasadena, California

At the seminar, Deloitte & Touche presented its thought provoking research on the potential for driving increases in licensing revenues through the use of integrated systems, while Jaguar presented System 7 Universal Rights Management to a packed house in the main conference room of the Entertainment Technology Alliance Conference (Shutters on the Beach in Santa Monica on 24 February). The response was so overwhelming that we have decided to offer a follow up seminar to those that found early Monday morning in Santa Monica to be too challenging and for attendees that would like to recommend that an associate see the state of the art in Contract Rights Management. This presentation will also be an opportunity for those who wish to review more detailed components of System 7 than is feasible with a larger group. 

 

WHEN

Friday, March 7, 2003
9:30 AM to 12:00 Noon (registration and coffee at 9:00)
 

WHERE

Jaguar Consulting
117 E. Colorado Blvd., Suite 225
Pasadena, California 91105
626.796.1955 (maps available)
Seminar is free, Parking is $6.00
 

WHAT

 

Informational Seminar

Driving Revenues Through Licensing Systems

System 7 Universal Rights Management
 

HOW

To register visit http://www.jaguartc.com/seminars/

For additional information contact Marlene Willet at 626.796.1955 or mwillett@jaguartc.com

Registration required by 12 Noon Thursday March 6 to assure the availability of seating and seminar materials.


Taking the Initiative with System 7 Universal Rights Management

Companies select System 7 for innumerable rational economic reasons, including: Return on Investment, Revenue Expansion, Growth Management, Sales Force Integration, Lawsuit Avoidance, Customer Outreach, and many others. Frequently overlooked, however, is another powerful reason: employees and managers are sick and tired of being passive, reactive punching bags for their customers, their vendors, their executives and their own psyches. They want to be in control of their daily working lives. They ache to wake up in the morning anticipating that their efforts will be respected and successful. They desire the simple satisfaction of knowing that from every angle, they are doing an excellent job at fulfilling their daily, weekly, monthly and long term responsibilities! 

System 7 users know those joys and much more. They enjoy the personal career benefits of building a reputation for competence, intelligence and productivity. They enjoy the peace of mind of effective collaboration with their peers, of deadlines met and crises averted. They enjoy the power of knowing that no matter what comes up during the day, they have the tools in hand to handle the issue quickly and easily. They are inspired by the vision of countless electrons moving magically all around them, with infinite accuracy and intelligence, performing key Rights Management, Royalty Collections and Contract Administration tasks that were literally impossible before. They know that when they reach home, their spouses, children and pets respect them more, without even knowing the reasons why. 

These six samples show how System 7 users are taking greater control of their destinies:  

Library Sales Campaigns

Intellectual Asset Libraries can be vast, cumbersome and confusing to represent and license. Important assets in major territories destined for prime uses justifiably get most of management’s attention in this area following the 80/20 rule. The open question is:  What happens to the other 20% of revenue opportunities from a given collection of assets? System 7 creates the opportunity to maintain and exploit a 100% accurate asset inventory that is easily made available to sales representatives, agents, master distributors and previous licensees at the push of a few buttons. This scenario contrasts directly with the usual “waiting patiently by the telephone” procedure that passively relies on customers to discover that you have control of an asset that they can use to add value to their business. The resulting revenue increases are achieved with a minimum of additional overhead costs. System 7 pays for itself within a matter of months by simply exposing your existing asset’s hidden potential. Pure profit!  

Contract Renewal Negotiations

In contract negotiations of all types, precedents play a vitally important role in determining what is acceptable in a “go forward” business relationship. However, information about the most important precedent of all, the actual economic performance of previous acquisition, creative or sales agreements is clouded in mystery within myriad impenetrable personal computer and paper files. The negative impact of this ignorance on the speed and success of negotiations is particularly powerful in contractual relationships that revolve around royalty payments and multi-dimensional guarantees. Contract extensions are frequently executed before the success of the previous agreement is clearly understood by either party. System 7 integrates details of contract terms, subsequent amendments, actual payments, guarantee shortfalls, royalty reporting and updated projections into an Executive Contract Query that is continuously updated and instantly available from anywhere in the world. 

Executive Approval Workflows 

The most important agreements typically involve numerous interrelated Assets, complex Territories, staged Exclusivity windows, innovative Rights groupings, detailed Distribution Channel restrictions, contingent Advance payments, Guarantee cross-collateralization, dynamic Royalty formulas, multiple interested Parties and challenging Production and Distribution plans. A whole cadre of legal and operational executives must understand, review and approve these terms in order for a successful contract execution to take place. The failure of any one of these individuals to fulfill their role within the process in a timely manner dooms the organization to the kind of lifeless bureaucratic doldrums that consistently disappoint and disillusion potential business partners. System 7’s Workflow Management provides the relentless internal reminders, responsiveness monitoring, comment documentation, email notification, product image attachment and direct external business partner interfaces necessary to proactively manage this process, rather than become its hapless victim.  

Receivables and Royalties Collections

The touch point of Customer Service is collections. The magic moments of Invoice Approval and Check Signature bring the economic and administrative success of any business relationship into the sharpest possible focus. While System 7 will not assist in assuring that your customer will be satisfied with the quality of your delivery, it easily takes care of everything else. System 7 communicates contractual fulfillment requirements to all involved parties, produces consistently timely and accurate invoicing, provides Asset, Territory, Right and Distribution Channel invoice detail, automatically allocates Cash Receipts by invoice line item, and makes all of this information available in Summary, Detailed and Exploded forms on Accounts Receivable Agings and Cash Flow Projections. This kind of informed contractual delivery and collections attack allows the collection department to abandon endless pre-call research in favor of focusing on the mailings, emailings and phone calls that further accelerate customer payments.  

Critical Option Decisions 

Legal Affairs assumes baseline responsibility for ensuring that all critical contractual dates such as expirations, extensions, payments, releases, cancellations, deliveries and options are carefully anticipated and adhered to. Many of these events are based upon known dates and are adequately managed through straightforward calendaring procedures. However, in the intricate world of Intellectual Property contracts, negotiators are often compelled to recognize the underlying uncertainty of success by basing important dates upon the predicted occurrence of required “trigger” events such as release to distribution in the United States or delivery of a first draft design document. The result is an administrative nightmare where everything is uncertain and vital operational information must be re-researched monthly in order to assure that nothing has slipped through the cracks through the amendment process. System ‘s Action Management function allows responsible parties to take control of their own destiny by interlinking an unlimited number of contingent contractual milestones and automatically generating pre-defined tickler reminders that reach out to entire internal and/or external cc distribution lists in the form of Email Generation, My Calendar Personal Desktop and personalized Executive Key Events Queries.  

Partner Relationship Maintenance

Partner Relationships are driven by information, delivery and money, but not necessarily in that order! Far too often, organizations find themselves reactively responding to the demands of their vendors, customers and partners for accurate reporting, knowledgeable service and timely payment. Auditors are called in as a substitute for the trust that is essential to long term collaborative success. Lawsuits and threats of legal action replace ordinary communications and compromise as the vehicles of collaboration in a relationship. Guestimating and questionable calculations become the primary modus operandi as good intentions are overwhelmed by the relentless reality of incomplete and overdue information. System 7 steps in to provide the informational bulwark that builds trust, confidence, respect and commitment in every distribution and creative partnership. Contractual obligations are carefully monitored, automated and documented. Payments, no matter how convoluted in their calculation, are accurate, timely and properly supported. Performance Reporting provides all desired current details, historical references and integrated projections. Peace is restored! 


"Real Solutions" of Toronto, Canada

Real Solutions is an independent consulting group based in Toronto, Canada that has played key roles in two of Jaguar’s Canadian success stories: Alliance-Atlantis Entertainment and Lionsgate Entertainment. Mark Madeisky and Octavian Mitrea form the core of this group’s entertainment industry practice, with additional group credits at Canadian satellite giant, Bell Express Vu and the National Hockey League. 

Mark MadeiskyMark is a Chartered Accountant with 20 years experience in Business Management. Mark’s expertise includes the assessment, specification and implementation project management of entertainment industry applications ranging from Rights Management and Theatrical Distribution to Enterprise Resource Planning systems. 
Octavian MitreaOctavian is a Technology Specialist with over 10 years experience in software design, architecture and development of enterprise-wide business systems with management of multiple large-scale system implementation projects. Octavian’s project experience includes Participation Reporting, Broadcasting Library Management, Video Distribution, Rights Management and Theatrical Distribution

Real Solutions is a prime example of the deep professional entertainment industry and Jaguar-specific systems consulting expertise that is available to System 7 users worldwide. Jaguar’s working relationship with Real Solutions goes back to 1996. We look forward to presenting additional Real Solutions success stories in the near future!

Real Solutions may be reached directly at 416.943.8467


System 7 Functional Highlights

The February issue of Jaguar News discussed two new System 7 features: My Jaguar Personal Desktop and Contract Builder Form Designer. This month, Jaguar News investigates three core System 7 capabilities that in many ways define its success, but are virtually indiscernible to a demonstration observer: Universal Contract Database, Multi-Level Rights Inheritance and Custom Rights Framework. No software development effort in this field can truly claim to be an enterprise-level solution without the ability to both adapt to the unique needs of every department and division, and provide sweeping integration of all workflows and information channels across the entire organization. These three functions form the essence of the magic of System 7

Universal Contract Database

Previous Jaguar systems generations were designed with separate internal file systems for each major type of contract (Acquisition, Creative and Sales) in order to maximize performance, security and stability under earlier software technologies. System 7’s reliance on a Relational Database and the arrival of multiple gigahertz servers and workstations has allowed the seamless consolidation of these disparate agreements into a single Universal Contract Database subsystem capable of understanding and administering all types of contracts in a single database. The primary purpose of System 7 is to manage and process Intellectual Property Agreements, however, most of Jaguar’s clients also enter other types of agreements that benefit from centralized intelligent administration, such as executive employment agreements, property leases, location releases… the list is virtually endless. System 7 security guarantees complete privacy of all sensitive agreements and information from prying eyes through carefully designed functional and departmental filters. 

The benefits of contract integration are fourfold:  

  1. Contract Intelligence reports by Asset, Territory, Right, Distribution Channel, Contractual Event, Party, Administrator, Negotiator, Division, Company, Salesperson or Agent that cut across all types of contracts to give clear, concise answers to important questions.
  2. Centralized Administration ensures that Options, Expirations, Obligations, Payments, Triggers, Financial Reporting, Amendments, Materials Servicing, Billings, Recoupment, Royalties and Communications are handled with consistent professionalism throughout the contract lifecycle.
  3. Consistent User Interfaces make cross-training and collaboration between functional departments convenient and practical. Standard procedures and shared expertise ensure that personnel promotions, emergencies and reassignments do not cause important contractual responsibilities to be overlooked.
  4. Universal Document Assembly of all types of agreements from a single database of Templates, Antecedent Agreements and Standard Terms and Conditions encourages both cross-corporate standardization and maximum opportunities for fully informed creative legal writing. Instant comparison of clauses from any prior agreement helps to maximize consistency and stimulate innovative negotiating positions based upon previously authorized positions within the organization. 

Multi-Level Rights Inheritance 

Successful real world Rights Management recognizes that strong Negotiators are uninhibited by known internal administrative weaknesses as they strive to document the best possible economic and legal terms for their company. Negotiators must be allowed to sell packages of Assets that include titles that are To Be Determined. Negotiators must consider Assets that include rights restrictions by Term, Territory or use in Commercial Advertising. Negotiators must be able to assemble Component Assets into entirely new consumable assets, easily, efficiently and reliably. Negotiators must instantly know the economic cost of acquiring additional rights in order to meet Licensee requirements. Administrators must support unlimited complexity in both the creation and acquisition of Rights, as well as the licensing and distribution of Rights. In summation, success in a contract-driven enterprise requires that optimal agreements be drafted without arbitrary restrictions imposed by the inability of the Negotiator’s support staff to fulfill and enforce their terms.

Recording and managing the rights associated with all possible combinations of Asset Groups, Assets, Sub-Assets and Asset Elements is a daunting and potentially uneconomic task. Scores of assets are typically created and cataloged during the production process that ultimately prove to have zero revenue generating potential. System 7 automatically recognizes an unlimited number of “Parent - Child” relationships and assumes that the Parent is the sum of all of its Children and that each Child inherits the same rights as the Parent. This facility eliminates hundreds or thousands of potentially redundant Rights Ownership and Rights Usage entries. In addition, System 7 allows the attachment of an unlimited number of Sales, Creative or Acquisition contracts to a specific asset (at any level in the in the Parent – Child hierarchy) to override the rules on inheritance. Additionally, every Asset may be identified as being part of the Underlying Rights Inheritance determination or be specifically excluded from consideration. Contract Collision Testing is thus able to determine simple “Yes” or “No” answers in every situation, no matter how intricate the underlying asset configuration or complex the involved agreements. 

Custom Rights Framework

System 7 transcends previous Jaguar generations by enabling unlimited leveling, grouping and labeling of Assets, Territories, Rights, Distribution Channels and Parties according to the needs of every Department, Division, Contract Type, Asset Type or Financial Reporting Requirement in the company. This Custom Rights Framework enables the establishment of anything from a simple Single Level Asset to an arrangement that runs 7 or more levels deep, with multiple groupings at every level. The territory of France, for example, can be part of a French Language Group, a German Language Group, Western Europe, EEC, multiple Satellite Groups, Eurasia and the World, without conflict or confusion within System 7. Within France, individual Cities, Television Markets, Regions, Retail Distribution Channels, and Sub-Licensing Manufacturers may be related and organized in any configuration. 

System 7 offers a “Reporting Territories” concept to ensure that rights analysis and sales reporting focuses its attention on the primary means and style of exploitation, while continuously providing the option to select other criteria for analysis. System 7 cross references all of the leveling hierarchies established so that whenever a cross-department, cross-division or cross-right report is required, all of the divergent priorities are cast aside and a single answer is immediately available at whatever level of vision is required: grand or granular. System 7 uses this information to give both definitive Rights Clearances and to generate such highly customizable analytical tools as the Availability Report, Timeline Report, Disposition of Rights Report, Single Availability Report and Executive Asset Query. System 7 takes advantage of its Rights Analysis Engine to minimize the amount of raw contractual rights component data that is captured to understand each contract, aiding performance and vastly simplifying analysis and reporting. For example, in many licensing agreements, Sub-Saharan Africa is treated and analyzed as a single entity. System 7 stores and reports on all contractual data at that Group Territory level of consolidation, but is able to capture financial data from, and recognize conflicts with, any deal that relates to a specific African country or region (for example, Zimbabwe), without redundantly breaking out the detail on every deal to that atomistic level on the remote possibility that such a conflict might occur.


About Jaguar News

Jaguar News is published periodically for the purpose of maintaining communications with Jaguar’s clients, prospective clients and other parties interested in the field of Intellectual Property Contract Rights Management. Jaguar Consulting was founded in 1985 for the express purpose of designing, developing, installing and supporting Intellectual Property Software Solutions. Clients include Alliance-Atlantis Communications, Cinar, DIC Entertainment, Explore International, Flextech Television, Goodtimes Video, Hallmark Entertainment, Harmony Gold, HIT Entertainment, Jim Henson Productions, Lions Gate Entertainment, Major League Baseball, MGM, NBA, NBC, National Geographic Society, Nelvana, Sesame Workshop, Southern Star, Warner Home Video and WNBA.

System 7 Universal Rights Management is Jaguar’s seventh generation software product. It is an all-new design created specifically to bring contract rights management technology to all forms of intellectual property, including patents, copyrights, trademarks, trade secrets and permissions. This groundbreaking system features a Universal Contract Database, Multi-Level Rights Inheritance and a fully configurable Custom Rights Framework. System 7 is available in the following software modules: Contract Administration, Rights and Restrictions, Workflow Management, Revenue Accounting, Royalties Receivable and Participations Payable. Further information is available at www.jaguartc.com.

Jaguar Consulting Inc. 
Pasadena, California 
Lincoln Center, New York
London, United Kingdom

For additional information: Visit http://www.jaguartc.com

Or contact Marlene Willett 626/796-1955 x201 mwillett@jaguartc.com

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Copyright © 2008 Jaguar Consulting, Inc. All rights reserved.