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Rights Inheritance |
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Rights Inheritance is intended to streamline data
entry and administration by eliminating redundant recording of rights owned.
Rights Inheritance enables efficient addition of countless new child assets into
the Asset Table without reference to Acquired Rights Contracts. This automation
is particularly helpful when System 7 is used in conjunction with Digital Asset
Management, as new DAM assets can be linked to System 7 without an immediate
need to create corresponding asset entries.
In order to accomplish this, System 7 asks two
questions during Asset Parent/Child linking
Parent
Linking - Underlying Rights Inheritance? (Y/N)
Child
Linking - Ignore in Collisions? (Y/N)
Setting URI to "Yes" instructs System 7 to seek
rights ownership information for each linked parent for that asset. Multiple
parents may impact a single asset in situations where rights have been acquired
in multiple agreements, perhaps over overlapping time frames with differing
exclusivities. Actual rights ownership is defined in acquisition agreements by
asset, territory, right, distribution channel, language, exclusivity and date
window (fixed or contingent). Participant Restrictions Inheritance (cannot do
this) are not prevented by a "No" URI answer in order to assure that rights
management convenience does not expose licensees to breach of contract.
Setting "Ignore in Collisions" to "Yes" instructs
System 7 to treat the child asset as irrelevant to collisions involving each
linked child for that asset. An article could then be reused in multiple
publications without causing the licensing of two of those publications for the
same purpose to cause rights collisions. A film clip could inherit the rights
ownership of its parent but then leave that parent unaffected in collision
testing. A song version could establish its own unique rights through a specific
acquisition agreement but then cause collisions when its parent lyrics were
licensed for a second exclusive use in a feature film soundtrack.
For Territories, Rights and Distribution
Channels, roll up/roll down analysis is always active. Zimbabwe will always
impact Southern Africa, Free Satellite will always impact Free Television, Wal
Mart will always impact Discount Retail. For languages, French will always
override All Languages. Unique situations are recorded in the form of exceptions
within master agreements or as separate agreements relating to a specific
asset/territory/right/channel (and possibly language) combination.
An unlimited number of agreements are considered in the
production of each Availability Report or Collision Test.
Asset Groups are commonly assembled from a
diverse set of assets, tied together by producer, content theme or by marketing
concept. Their constituents may be anywhere from several, to dozens, to hundreds
of unique assets, each with their own rights ownership profile. One goal of each
Availability Report and Collision Test is to provide notification that
insufficient rights ownership of a child asset is inhibiting options for the
parent or group in question. This becomes particularly critical when a
marketable asset such as a book or television documentary is assembled from a
number of licensed materials, each with a distinct rights profile. Each of these
pieces must be granted sufficient rights to allow profitable exploitation of the
collection, otherwise, particularly in second cycle licensing sales, specific
articles or film clips might be excluded to avoid violating licensing agreements
to the detriment of the whole. |
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Participation Statements |
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Intellectual property is often a collaborative
effort among creators, producers, marketers and performers. Marketers (or
distributors) often acquire the right to deliver an intellectual asset to its
ultimate consumer via agreements in which advances, guarantees, revenue
performance, cross-collateralization and previous royalty payment history play a
role. For many organizations, the auditability of these ongoing business
relationships, not uncommonly extending over a number of years, is a burning and
seemingly irresolvable issue. Today’s Sarbanes-Oxley world does not view
a series of linked Excel spreadsheets as legitimate back up detail for
multi-million euro payments. Provable audit trails become especially critical
when payments are made between organizations with interlocking ownership
structures.
Transactional accounting at the contract level,
long before Accounts Payable cuts a check, is essential to justifying large
monetary flows in both public and tax accounting. These transactions are
recorded in multiple dimensions, each tied to a specific asset, potentially
modified by the distribution channels, exploitation methods and geographic
territories being referenced in a particular licensing contract or business
activity.
Licensing Revenue Analysis
Fee
Revenue
Guarantee
Revenue
Royalty
Income
Internal Exploitation Import
Wholesale
Distribution
Self-Manufacturing
Promotional
Marketing
Authorized Deductions Import
Distribution
Costs
Manufacturing
Recoupment
Advertising
Costs
The above transactions justify calculations later
produced during the participation statement generation process. They have no
direct relationship with the payments themselves. However, they do allow
auditors to trace back key calculation components to source documentation from
internal divisions or external business partners, in addition to core sales
contract collections data (fees, guarantees). All of these transactions are
controlled by governing agreements, either external sales contracts or internal
usage definitions.
Participation Report Transactions are
generated from sophisticated calculations that integrate revenue performance,
contractual terms and prior payment history into an incremental increase,
decrease or zero effect change in monies owed. These Participation Report
transactions are calculated and posted according to internal company accounting
cycles without specific regard to contractually agreed upon Participation
Statement reporting timetables. This transactionalization of participations
payable enables interim reporting of known and contingent liabilities and
expenses whenever desired. Traditional non-transactional approaches require time
consuming ad hoc estimating, or worse, waiting for historical payment activity,
to generate key management reports. |
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About Jaguar News |
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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,
Chorion, Cinar, DIC Entertainment, Elsevier Science, 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, a
fully-configurable Custom Rights Framework, and Integrated Rights
and Royalties Management. System 7 is available in the following
software modules: Intranet Portal, Contract Administration, Rights and
Restrictions, Workflow Management, Revenue Accounting, Royalties Receivable
and Participations Payable.
Further information and a
System 7 Buyer's Guide is available at
http://www.jaguartc.com/system7.
Jaguar Consulting Inc. Pasadena,
California Lincoln Center, New York
London, United Kingdom
For additional information: Visit http://www.jaguartc.com
Or contact Jaguar at 626/796-1955 or
info@jaguartc.com
If you wish to discontinue your receipt of Jaguar
News, simply reply to this email with “Unsubscribe” in the subject line.
If this email was forwarded to you from another email address, please
indicate the original address in the subject line as well.
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