These Media Services Terms & Conditions apply to any Media Services or Web Site Content (Desire RC Ltd) that it provides either under contract or otherwise.
Desire RC Ltd is governed and regulated by the UK-CAA It is essential for us to adhere to these regulations for our Pilot’s licenses, Permission for Commercial Operations (PfCO), insurance and public liability cover to be valid. A copy of our PfCO can be supplied on request.
We carry out Pre Site Surveys and On Site Surveys to assess risk. We require the permission of the landowner to take off and land. We cannot fly directly over people, roads & buildings which are not under the control of the film crew.
Certain restrictions apply to certain areas and additional permissions to fly need to be sought from the UK-CAA If we are to be flying near an airport or airfield, we will need to contact local Air Traffic Control to check with them that it is safe to operate at a certain height on a specified date and time.
The Pilot always has the final say if flying conditions and locations are acceptable.
Our Worldwide Insurance complies with current (EC) regulations, a copy of the policy can be provided on request.
All audio tracks dubbed onto videos produced by us are licensed by the Performing Rights Society for Music to protect the copyright of Artists and stay legal, in some instances the audio can be provided free of license fees, others may not and fees for the use of that audio will be raised accordingly. It is the Customers responsibility to check the Terms and Conditions of any Social Media site where they intend to publish audio dubbed media, as their Terms and Conditions are subject to change.
VIDEO FOOTAGE LICENSING FEES
The following rate schedules are based on United Kingdom and Europe usage only and apply only to material licensed directly from Desire RC Ltd. Footage licensed by us from outside rights holders are not subject to the fees stated below. If the client requires worldwide rights and/or combinations of rights detailed below (i.e. all media or broadcast + internet, etc.), Desire RC Ltd can discuss with the client an appropriate fee structure.
Clients are billed a minimum project fee upon upload of a clean digital master or shipment of a broadcast quality tape or film master. This fee is fully applied against any and all license charges. License (or usage) fees are based on THE ACTUAL AMOUNT OF FOOTAGE USED in the final cut. Discounts for quantity usage are available.
All expenses for crew travel, accommodation and subsistence, equipment shipping and handling, data uploads, video transfers, film laboratory, raw stock, messenger, final select preparation and shipping costs are billed to the client.
Clients must email or fax a written purchase order or formal company request for all research and final footage orders. For master orders, we must obtain a signed copy of our client agreement and exact report indicating the amount of footage used, description of the scene(s), and name of client project. All charges are due in advance for first-time clients and within 30 days of invoice for established clients.
Editorial and Factual (Episodic): Worldwide, all media (does not include theatrical), in perpetuity. STERLING £25.00 per second - no minimum.
Educational: Worldwide all media (non-broadcast), in perpetuity. STERLING £20.00 per second - no minimum. Clip rates by negotiation. Discounts negotiated after 30, 60 and 120 seconds
Exhibition: One venue - audio visual, digital, mobile. Five years. STERLING £15.00 per second - no minimum. Clip rates by negotiation. Discounts negotiated after 30, 60 and 120 seconds
Digital (Mobile, Online, Apps): Worldwide in perpetuity. STERLING £20.00 per second - no minimum. Clip rate negotiable
Creative (Advertising): Subject to rights requested...by negotiation
Theatrical (Cinematic exhibition): Worldwide, all screens, in perpetuity...by negotiation
Pitch Screeners: Pitch concepts to your clients with confidence. Free no charge
Festival & Short Films: All media, worldwide in perpetuity. STERLING £10.00 per second - No minimum SERVICE FEES
Research: Free For specific footage requests we will supply QuickTime previews at no cost. If you have extensive footage requests, we will compile custom online or DVD screeners when our fees are billed at a flat rate of STERLING £75.00 - £100.00 per hour depending on the amount of footage requested.
Tech Costs for Digital Masters: STERLING £75 for up to 10 clips
Screener Downloads: Free
Kill fees & Cancellations: Nil
LICENSING TERMS AND CONDITIONS
The Licensor is Desire RC Ltd The Licensee is the Customer of Desire RC Ltd
1). The Licensee shall be liable to pay to the Licensor the License Fee together with all costs and expenses incurred by the Licensor in connection with the Licensee’s utilisation of the Footage permitted under this agreement including, without limitation, laboratory and shipping charges and all direct costs and expenses incurred by the Licensor in making the Footage available to the Licensee including, without limitation, the cost of replacing any material damaged in the process of making the Footage available to the Licensee under this agreement.
The total sum to be paid to the Licensor by the Licensee shall be invoiced to the Licensee at the date of the despatch of the materials and shall be paid to the Licensor within 15 calendar days of the date of this agreement. Failure to make payment on or before the due date shall terminate this licence and the Licensee shall be obliged to immediately return the Footage unused to the Licensor at the Licensee’s cost.
The Licensee shall be liable for all costs incurred by the Licensor in recovering the Footage including solicitor client costs. For the purposes of clarity the Licensor shall incur no costs whatsoever in connection with the Licensee’s use of the Footage.
2). The Licensee shall be deemed to have accepted the Footage unless the Licensee notifies the Licensor in writing within fifteen (15) Working Days of receipt (which shall be deemed to be forty-eight hours after dispatch) of any defect that prevents use of the Footage for its intended purpose. If the Licensee notifies the Licensor of a defect, then following the return of the defective Footage (which shall be returned at the Licensee’s own cost and risk) the Licensor shall at its own cost and risk use its reasonable endeavours to supply as the Licensee’s sole remedy replacement Footage in accordance with new deadlines that may be agreed with the Licensee, but the Licensee accepts that the Licensor shall not be liable in any way to the Licensee for failure to deliver by any such deadline.
Footage can only be used in contracted project. The Licensor makes no warranty or representation whatsoever with respect to provided footage other than that of the title.
The licensee shall be solely responsible for obtaining any and all necessary clearances, waivers and permissions.
3). The Licensee will advise the Licensor, immediately of the completion date of the Programme.
4). A shot list indicating the actual Footage used in the final production shall be sent by the Licensee to the Licensor within fifteen (15) days after completion of the Production.
5). Within fifteen (15) days after completion of the Production, the Licensee either will return to the Licensor all unused material, or provide an affidavit of destruction. Any Footage not returned or destroyed will be charged as if used.
6). A DVD, or other suitable copy, of the production incorporating the Footage shall be sent to the Licensor on completion of the Production.
7). Time limits, as specified in items 3 & 4 above may be extended upon written request to the Licensor. Decisions as to extensions will be at the sole discretion of the Licensor.
(a) The Licensee shall not cause, authorise or permit the lending, copying, duplication or recording of the Footage except in accordance with the terms of this contract or with prior written consent of the Licensor. Should the Licensor agree to any of the Footage being transferred to a new production, further License Fees will be charged according to Footage used in the new production.
(b) The Licensee represents warrants and undertakes that it shall not alter or edit the Footage in any way which is likely to impair its meaning, quality or integrity or in any manner which is likely to bring the Licensor into disrepute or which is defamatory of any person or organisation.
(c) Unless otherwise provided in this Agreement, the Licensee shall obtain all necessary consents and clearances from and make all necessary payments to all contributors (including but not limited to actors, writers, composers, musicians, Licensees, directors and any other persons who have performed services in connection with the Footage) and any other third party copyright owners.
(d) The Footage may not be used in any manner whatsoever except as expressly permitted herein. Accordingly, the Footage may be used in promotional spots or other promotional material for the Programme only. The Footage is not authorised for use until this Agreement has been fully executed.
(e) The Licensor does not by this Agreement permit or authorise the Licensee to collect or receive any monies payable by third parties in respect of the Licensor's own rights in the clip from any government or international treaty permitted, mandated or otherwise (including simultaneous re-transmission, off-air recording, blank tape levy etc) use of the production in which the clip may be used.
9). The Licensee shall not use the Licensor’s name, logo or trademarks for any purpose, including, without limitation, in connection with the distribution, advertising and publicising of the Production, without first obtaining the Licensor’s prior written consent. However, the Licensee shall accord the Licensor an appropriate courtesy credit for the use of the Footage in the Territory, in the closing credits of the Production in a manner equal in all respects to any other courtesy credits the Licensee may accord in substantially the following form: ‘Footage supplied courtesy of Desire RC Ltd.
10). The Licensor confirms its full right and title to the material provided to the Licensee.
11). The Licensee and the Licensor will indemnify and hold the other harmless (including its officers, directors, partners, owners, shareholders, employees and agents) against all claims and expenses (including reasonable legal fees) and liabilities due to the other's failure to abide by any restriction of the exercise of any rights granted to it or for breach of any of its respective obligations, representations or warranties set out in this agreement.
12). The Licensor reserves the right to refuse to sell any Footage that might be used in a production or programme, or in a manner inconsistent with the policies of the Licensor; and the Licensor shall be the sole judge for such proposed use.
13). Notwithstanding anything to the contrary contained elsewhere in this Agreement, the Licensee’s liability in the event of any breach or any term or condition in this Agreement is limited to the amount of the License Fee.
14). The Licensor agrees that upon the Licensee’s failure to comply with any of the above terms and/or conditions, the License granted to the Licensee hereunder shall automatically terminate and be deemed null and void.
15). The Licensee acknowledges that neither this Agreement nor any of the Licensee’s rights or obligations hereunder may be assigned, delegated or otherwise transferred by the Licensee and that the Footage may only be used as specifically set forth in this Agreement.
16). This Agreement shall be binding upon and endure to the benefit of the parties’ respective heirs, successors and assigns.
17). Nothing contained in this Agreement shall be deemed to constitute a joint venture or partnership between the parties.
18). The Agreement sets out the entire agreement between the parties and this Agreement may not be modified except by written agreement by each of the parties.
19). The Agreement shall be governed by and construed and enforced in accordance with the laws of England and Wales.
Glossary Of Exploitation Rights Terminology Standard Television:
conventional VHF or UHF broadcast television transmitted by one or more transmitting stations and intended for intelligible reception by the general public without charge (other than any sums payable for any licence required to authorise the reception of broadcast programmes) by means of conventional roof-top or television set built-in antennae.
Non Standard Television:
an encrypted program service delivered to a TV set/similar, for which a fee or premium is charged to the viewer. Delivery is by means of Television or other forms of closed or scrambled transmission, including delivery via DSL and/or IP protocol means, using a closed network infrastructure (via set-top-box) to a TV set/similar, and is expressly limited to transmission via analogue and/or digital cable/satellite, LPTV, SMATV/MATV, and/or DBS/DTH, DSL/IP protocol, and/or digital terrestrial television (DTT) signals/only.
Non Standard Television services shall include delivery via Basic Television, Basic Cable/Satellite/IPTV, Pay Television, Premium Pay Television, and/or Pay Per View (PPV) and NVOD, but for clarity shall expressly exclude VOD and SVOD services.
On Demand TV (comprising VOD TV and SVOD TV below):
an encrypted program service delivered by means of Television using a closed network infrastructure (via set-top-box) to a TV set/similar, including delivery via DSL and/or IP protocol, but as above excluding Internet/Online/Mobile which is separately addressed in E below, on a private viewing basis at start times determined solely by the individual:
- for which either a separate fee or other compensation may be charged per exhibition per program, on a time limited basis, (VOD TV);
- or for which a periodic (e.g. monthly) fee is charged to have access to programs on a temporary basis, limited to the subscription time period, (e.g. monthly) (SVOD TV).
Video rights: The right to manufacture, re-produce and distribute (by way of selling, renting, lending etc.) and market/promote the Program(s) on visual and sound records of any and all types and formats, now known or hereafter devised, primarily intended for use in the home for private viewing of the visual images and synchronised audio-track by means of playback device which causes a visual image on the screen of a television receiver, computer, laptop, portable entertainment player device, and/or comparable device.
This right includes all audiovisual systems of all types, now existing or developed in future, including but not limited to videocassettes, DVD, CD ROM, CD-I, laser disc, and/or delivery via electronic including Internet/Online means.
Theatrical rights: The right to exhibit/market/promote the Program(s) in movie theatres or similar locations to paying audiences, irrespective of the film format, or design of projecting system and means of transmission.
Non-theatrical rights: right of distribution, exhibition, licensing, sale, and/or rental of, and related marketing/promotion of, the Program(s) on video cassettes, videodiscs, DVDs, closed circuit television, or any other analogous format, by all means now known or hereafter devised, to institutions (such as but not limited to schools, libraries, churches, museums, etc.), transportation outlets (such as but not limited to airlines, trains, cruise ships, etc) and other (such as but not limited to film festivals and sales markets) where no separate charge of admission is made to the audience members for viewing the individual Program).
Internet/Online and Mobile Rights: right of Licensee to itself and/or to authorize or sublicense others, to:
- store, reproduce, copy, modify, adapt, create derivatives, use exhibit, distribute, transmit, stream, download (whether temporarily or permanent);
- promote, market, advertise and/or otherwise exploit the Program(s) in whole or in part, elements and/or versions thereof, in combination with or as a composite of other content of any nature, including but not limited to, text, data, photographs, illustrations and/or composite product;
- by means of any telecommunications system or any broadcast technology, now known or hereafter devised, capable of reception and display on and/or through electronic receiving/playback devices (e.g. personal computers, laptops, network computers, televisions, handheld/portable devices, mobile phones and/or similar receiving devices, whether now known or hereafter devised) using a central processing unit to access content;
- irrespective of whether a fee is charged or a subscription or a membership is required or other entry requirements, such as geographical location, in order to access such networks or devices.
- For the avoidance of doubt, this encompasses without limitation, any services distributed by means of the worldwide matrix of interconnecting computers currently using the TCP/IP protocols or subsequent technologies and/or protocols such as, but not limited to the "Internet" or "World Wide Web", ,e.g. via file server, DSL, ADSL and/or WIFI, wireless/mobile internet, including gsm, wap, gprs, umts, dvb-h, dvb-x, dmb ("Mobile"), and/or higher speed connections. For clarity such activities include the right to allow websites/mobile operators/portals, etc., to themselves classify, index the Program(s) into search engines and indexes, place click-through's, links or similar, integrate chat forums, cache, etc., and other customary Internet/Mobile activities to enhance the viewing experience.
- Licensing, sale, and/or rental of, and related marketing/promotion of, the Program(s) on video cassettes, videodiscs, DVDs, closed circuit television, or any other analogous format, by all means now known or hereafter devised, to institutions (such as but not limited to schools, libraries, churches, museums, etc.), transportation outlets (such as but not limited to airlines, trains, cruise ships, etc) and other (such as but not limited to film festivals and sales markets) where no separate charge of admission is made to the audience members for viewing the individual Program).
Desire RC Ltd Website Restrictions on use of materials:
All materials contained on the Desire RC Ltd web site, including without limitation, text, software, photos, video footage, graphics, music and sound are the copyrighted property of Desire RC Ltd as a collective work under United Kingdom and international copyright laws. Desire RC Ltd or its affiliates, content providers or licensors own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. In addition, all trademarks, service marks, trade names, and trade dress on the Desire RC Ltd web site is proprietary to Desire RC Ltd or its affiliates, content providers or licensors.
No material from the Desire RC Ltd web site may be copied, downloaded, reproduced, republished, modified, uploaded, posted, transmitted, distributed or in any way exploited, except as explicitly allowed on the Desire RC Ltd web site.
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Desire RC Ltd and the copyright owner.
In the event of any permitted copying, downloading, redistribution or publication of copyrighted material, no changes in or deletions of author attribution, trademark legend or copyright notice shall be made.