Common use of Forensic Watermarking Requirement Clause in Contracts

Forensic Watermarking Requirement. For content released prior to the Day and Date release of the DVD and/or BluRay version of the content (“Early Window”), The Content Protection System shall be capable of inserting a Licensor approved forensic watermark into the output video. The watermark must contain the sufficient information such that forensic analysis of unauthorized recorded video clips of the output video shall uniquely determine the user account to which the output video was delivered. Upon discovery by the Licensor or Licensee of unauthorized distribution of the licensed content [e.g. such content is found on a peer-to-peer file sharing network] determined to have been delivered to the Licensee, the Licensee shall detect the forensic watermark and determine the user account to which the video was delivered. Licensee shall have an obligation to monitor for security breaches at all times, including unauthorized distribution by any user of any Early Window content (whether or not such content belongs to Licensor). Licensee shall promptly report the details of any breach to Licensor with respect to Licensor content, and at least the existence of any such breach with respect to third party content. Licensee shall then, at a minimum, terminate the user’s ability to acquire Licensor content from the Licensed Service and – should the breach have occurred with respect to Licensor content – shall either provide information as to the identity of the user to the Licensor or take other action, agreed between Licensee and Licensor, such that there is an agreed and significant deterrent against unauthorized redistribution by that user of Licensor content. Licensee shall also make available to other content providers the existence of any security breach related to Licensor’s content and Licensee shall seek from other content providers the ability to make similar disclosures with respect to their content. Licensee shall also notify the MPAA of any such reportable security breach once a process for MPAA notification is established. If an event occurs that Licensor determines in its own discretion could lead to the unauthorized distribution of licensed content (whether or not such content belongs to Licensor), Licensor shall have immediate suspension and termination rights under this Agreement. [Other remedies for security breaches TBD.]

Forensic Watermarking Requirement. For content released prior If, during the first six months following the date that Licensee first makes available an Early Window Title pursuant to the Day and Date release of the DVD and/or BluRay version of the content (“Early Window”)this Term Sheet, The Content Protection System shall be capable of inserting Licensee has not then-currently implemented a Licensor approved session-based forensic watermark into technology for the output videoEarly Window Titles, Licensee will implement daily-based watermarking technology for the Early Window Titles during their respective Early Window Viewing Periods. The Following the date that is six months following the date that Licensee first makes available an Early Window Title pursuant to this Term Sheet, Licensee shall implement a session-based watermark must contain for the sufficient information such that forensic analysis Early Window Titles during their respective Early Window Viewing Periods. Verimatrix Videomark and Civolution session- based watermarking technologies are approved by Licensor, and Licensee hereby notifies Licensor of unauthorized recorded video clips of the output video shall uniquely determine the user account its intent to which the output video was delivereduse [ ]’s technology until further notice. [[Upon discovery by the Licensor or Licensee of unauthorized distribution of the licensed content [e.g. (e.g., such content is found on a peer-to-peer file sharing network] ) determined to have been delivered to the Licensee, the Licensee shall detect the forensic watermark and will: (i) determine the user account to which subscriber responsible for the video was delivered. Licensee shall have an obligation to monitor for security breaches at unauthorized copy; (ii) immediately suspend offering and/or delivering any and all times, including unauthorized distribution by any user of any future Early Window content Titles to such subscriber; and (whether or not such content belongs iii) subject to Licensor). Licensee shall promptly report the details of any breach to applicable laws, provide Licensor with respect the identity and contact information of such subscriber.] Nothing hereunder shall restrict Licensor from pursuing all legal rights and remedies available to Licensor contentit, and at least the existence of including, but not limited to, civil actions against any such breach with respect person found to third party content. Licensee shall then, at a minimum, terminate the user’s ability to acquire Licensor content have illegally copied and/or distributed an Early Window Title that originated from the Licensed Service and – should the breach have occurred with respect to Licensor content – shall either provide information as to the identity of the user to the Licensor or take other actionService, agreed between Licensee and Licensor, such that there is an agreed and significant deterrent against unauthorized redistribution by that user of Licensor content. Licensee shall also make available to other content providers the existence of any security breach related to Licensor’s content [and Licensee shall seek from other content providers the ability agrees to make similar disclosures with respect to their content. Licensee shall also notify the MPAA of any such reportable security breach once a process for MPAA notification is established. If an event occurs that Licensor determines in its own discretion could lead to the unauthorized distribution of licensed content (whether or not such content belongs to Licensor), Licensor shall have immediate suspension and termination rights under this Agreement. [Other remedies for security breaches TBDreasonable cooperation therewith.]] [NOTE: Comcast to review and confirm.]

Forensic Watermarking Requirement. For HD content released prior to the Day and Date release of the DVD and/or BluRay version of the content (“Early Window”), The Content Protection System shall be capable of inserting a Licensor approved forensic watermark into the output video. The watermark must contain the sufficient information such that forensic analysis of unauthorized recorded video clips of the output video shall uniquely determine the user account to which the output video was delivered. Upon discovery by the Licensor or Licensee of unauthorized distribution of the licensed content [e.g. such content is found on a peer-to-peer file sharing network] determined to have been delivered to the Licensee, the Licensee shall detect the forensic watermark and determine the user account to which the video was delivered. Licensee shall have an obligation to monitor for security breaches at all times, including unauthorized distribution by any user of any Early Window content (whether or not such content belongs to Licensor). Licensee shall promptly report the details of any breach to Licensor with respect to Licensor content, and at least the existence of any such breach with respect to third party content. Licensee shall then, at a minimum, terminate the user’s ability to acquire Licensor content from the Licensed Service and – should the breach have occurred with respect to Licensor content – shall either provide information as to the identity of the user to the Licensor or take other action, agreed between Licensee and Licensor, such that there is an agreed and significant deterrent against unauthorized redistribution by that user of Licensor content. Licensee shall also make available to other content providers the existence of any security breach related to Licensor’s content and Licensee shall seek from other content providers the ability to make similar disclosures with respect to their content. Licensee shall also notify the MPAA of any such reportable security breach once a process for MPAA notification is established. If an event occurs that Licensor determines in its own discretion could lead to the unauthorized distribution of licensed content (whether or not such content belongs to Licensor), Licensor shall have immediate suspension and termination rights under this Agreement. [Other remedies for security breaches TBD.]

Forensic Watermarking Requirement. For content released prior to Implementation of a transactional, session-based watermark is required for the Day and Date release duration of the DVD and/or BluRay version Early Window Test Term and any Extension Period(s) thereto. Verimatrix Videomark and Civolution session-based watermarking technologies are approved by Licensor and Licensee Directv-SPT Amd 2 to Lic Agreement (21MAR11 v 2) maa.doc hereby notifies Licensor of its intent to use Civolution’s technology until further notice. For the content (“Early Window”)avoidance of doubt, The Content Protection System shall be capable of inserting a Licensor approved forensic watermark into the output video. The session-based watermark must contain the sufficient information such that forensic analysis of unauthorized recorded video clips of the output video shall uniquely determine the user account to which the output video was delivered. Upon discovery by Licensor shall, at its sole cost and expense, be solely responsible for licensing the Licensor or Licensee of detection tools necessary to identify unauthorized distribution copies of the licensed content [e.g. forensically watermarked Early Window Titles. If Licensor desires Licensee to take action against any Licensee subscriber, then Licensor shall provide (or ensure that an agent or contractor provides) to Licensee data sufficient to identify Licensee as the source of such content is found on a peer-to-peer file sharing network] determined unauthorized copy of the forensically watermarked Early Window Title and to have been delivered enable Licensee to the Licenseelocate such Licensee subscriber (e.g., by providing the Licensee shall detect the forensic watermark and subscriber smart card number). Upon Licensee’s receipt of such information, Licensee will: (i) determine the user account subscriber responsible for the unauthorized copy; (ii) immediately suspend offering and/or delivering any and all future Early Window Titles to which such subscriber; and (iii) subject to applicable laws, provide Licensor with the video was deliveredidentity and contact information of such subscriber. In addition, in the event that Licensee shall have becomes aware of an obligation to monitor for security breaches at all times, including unauthorized distribution by any user copy of any Third Party Early Window content (whether or not such content belongs to Licensor). Licensee shall promptly report the details of any breach to Licensor with respect to Licensor content, and at least the existence of any such breach with respect to third party content. Licensee shall then, at a minimum, terminate the user’s ability to acquire Licensor content Picture originating from the Licensed Service Service, Licensee will promptly notify Licensor thereof and – should the breach have occurred comply with respect to subparagraphs (i) and (ii) above. Nothing hereunder shall restrict Licensor content – shall either provide information as to the identity of the user to the Licensor or take other action, agreed between Licensee from pursuing all legal rights and Licensor, such that there is an agreed and significant deterrent against unauthorized redistribution by that user of Licensor content. Licensee shall also make remedies available to other content providers it, including, but not limited to, civil actions against any person found to have illegally copied and/or distributed an Early Window Title that originated from the existence of any security breach related to Licensor’s content Licensed Service, and Licensee shall seek from other content providers the ability agrees to make similar disclosures with respect to their contentreasonable cooperation therewith. Licensee shall also notify the MPAA of any such reportable security breach once a process for MPAA notification is establishedestablished and provided to Licensee in writing. If an event occurs that Licensor determines in its own sole and reasonable discretion could lead to the unauthorized distribution of any pre-dvd / early window licensed content (whether or not such content belongs to Licensor), Licensor shall have immediate suspension and termination rights regarding such content under this Agreement. [Other remedies for security breaches TBD.]

Forensic Watermarking Requirement. For content released prior to Implementation of a transactional, session-based watermark is required for the Day and Date release duration of the DVD and/or BluRay version Early Window Test Term and any Extension Period(s) thereto. Verimatrix Videomark and Civolution session-based watermarking technologies are approved by Licensor and Licensee DMLGLPD-#48430-v9-SONY_PRE-DVD_TERM_SHEET.DOC hereby notifies Licensor of its intent to use Civolution’s technology until further notice. For the content (“Early Window”)avoidance of doubt, The Content Protection System shall be capable of inserting a Licensor approved forensic watermark into the output video. The session-based watermark must contain the sufficient information such that forensic analysis of unauthorized recorded video clips of the output video shall uniquely determine the user account to which the output video was delivered. Upon discovery by Licensor shall, at its sole cost and expense, be solely responsible for licensing the Licensor or Licensee of detection tools necessary to identify unauthorized distribution copies of the licensed content [e.g. forensically watermarked Early Window Titles. If Licensor desires Licensee to take action against any Licensee subscriber, then Licensor shall provide (or ensure that an agent or contractor provides) to Licensee data sufficient to identify Licensee as the source of such content is found on a peer-to-peer file sharing network] determined unauthorized copy of the forensically watermarked Early Window Title and to have been delivered enable Licensee to the Licenseelocate such Licensee subscriber (e.g., by providing the Licensee shall detect the forensic watermark and subscriber smart card number). Upon Licensee’s receipt of such information, Licensee will: (i) determine the user account subscriber responsible for the unauthorized copy; (ii) immediately suspend offering and/or delivering any and all future Early Window Titles to which such subscriber; and (iii) subject to applicable laws, provide Licensor with the video was deliveredidentity and contact information of such subscriber. In addition, in the event that Licensee shall have becomes aware of an obligation to monitor for security breaches at all times, including unauthorized distribution by any user copy of any Third Party Early Window content (whether or not such content belongs to Licensor). Licensee shall promptly report the details of any breach to Licensor with respect to Licensor content, and at least the existence of any such breach with respect to third party content. Licensee shall then, at a minimum, terminate the user’s ability to acquire Licensor content Picture originating from the Licensed Service Service, Licensee will promptly notify Licensor thereof and – should the breach have occurred comply with respect to subparagraphs (i) and (ii) above. Nothing hereunder shall restrict Licensor content – shall either provide information as to the identity of the user to the Licensor or take other action, agreed between Licensee from pursuing all legal rights and Licensor, such that there is an agreed and significant deterrent against unauthorized redistribution by that user of Licensor content. Licensee shall also make remedies available to other content providers it, including, but not limited to, civil actions against any person found to have illegally copied and/or distributed an Early Window Title that originated from the existence of any security breach related to Licensor’s content Licensed Service, and Licensee shall seek from other content providers the ability agrees to make similar disclosures with respect to their contentreasonable cooperation therewith. Licensee shall also notify the MPAA of any such reportable security breach once a process for MPAA notification is establishedestablished and provided to Licensee in writing. If an event occurs that Licensor determines in its own sole and reasonable discretion could lead to the unauthorized distribution of any pre-dvd / early window licensed content (whether or not such content belongs to Licensor), Licensor shall have immediate suspension and termination rights regarding such content under this Agreement. [Other remedies for security breaches TBD.]

Forensic Watermarking Requirement. For content released prior to the Day and Date release of the DVD and/or BluRay version of the content (“Early Window”), The Content Protection System shall be capable of inserting a Licensor approved forensic watermark into the output video. The watermark must contain the sufficient information such that forensic analysis of unauthorized recorded video clips of the output video shall uniquely determine the user account to which the output video was delivered. Upon discovery by the Licensor or Licensee of unauthorized distribution of the licensed content [e.g. such content is found on a peer-to-peer file sharing network] determined to have been delivered to the Licensee, the Licensee shall detect the forensic watermark and determine the user account to which the video was delivered. Licensee shall have an obligation to monitor for security breaches at all times, including unauthorized distribution by any user of any Early Window content (whether or not such content belongs to Licensor). Licensee shall promptly report the details of any breach to Licensor with respect to Licensor content, and at least the existence of any such breach with respect to third party content. Licensee shall then, at a minimum, terminate the user’s ability to acquire Licensor content from the Licensed Service and – should the breach have occurred with respect to Licensor content – shall either provide information as to the identity of the user to the Licensor or take other action, agreed between Licensee and Licensor, such that there is an agreed and significant deterrent against unauthorized redistribution by that user of Licensor content. Licensee shall also make available to other content providers the existence of any security breach related to Licensor’s content and Licensee shall seek from other content providers the ability to make similar disclosures with respect to their content. Licensee shall also notify the MPAA of any such reportable security breach once a process for MPAA notification is established. If an event occurs that Licensor determines in its own discretion could lead to the unauthorized distribution of licensed content (whether or not such content belongs to Licensor), Licensor shall have immediate suspension and termination rights under this Agreement. [Other remedies for security breaches TBD.]

Forensic Watermarking Requirement. This requirement applies to HD content only. For content released prior to the Day and Date release of the DVD and/or BluRay version of the content (“Early Window”), The Content Protection System shall be capable of inserting a Licensor approved forensic watermark into the output video. The watermark must contain the sufficient information such that forensic analysis of unauthorized recorded video clips of the output video shall uniquely determine the user account to which the output video was delivered. Upon discovery by the Licensor or Licensee of unauthorized distribution of the licensed content [e.g. such content is found on a peer-to-peer file sharing network] determined to have been delivered to the Licensee, the Licensee shall detect the forensic watermark and determine the user account to which the video was delivered. Licensee shall have an obligation to monitor for security breaches at all times, including unauthorized distribution by any user of any Early Window content (whether or not such content belongs to Licensor). Licensee shall promptly report the details of any breach to Licensor with respect to Licensor content, and at least the existence of any such breach with respect to third party content. Licensee shall then, at a minimum, terminate the user’s ability to acquire Licensor content from the Licensed Service and – should the breach have occurred with respect to Licensor content – shall either provide information as to the identity of the user to the Licensor or take other action, agreed between Licensee and Licensor, such that there is an agreed and significant deterrent against unauthorized redistribution by that user of Licensor content. Licensee shall also make available to other content providers the existence of any security breach related to Licensor’s content and Licensee shall seek from other content providers the ability to make similar disclosures with respect to their content. Licensee shall also notify the MPAA of any such reportable security breach once a process for MPAA notification is established. If an event occurs that Licensor determines in its own discretion could lead to the unauthorized distribution of licensed content (whether or not such content belongs to Licensor), Licensor shall have immediate suspension and termination rights under this Agreement. [Other remedies for security breaches TBD.]

Forensic Watermarking Requirement. For HD content released prior to the Day and Date release of the DVD and/or BluRay version of the content (“Early Window”), The Content Protection System shall be capable of inserting a Licensor approved forensic watermark into the output video. The watermark must contain the sufficient information such that forensic analysis of unauthorized recorded video clips of the output video shall uniquely determine the user account to which the output video was delivered. Upon discovery by the Licensor or Licensee of unauthorized distribution of the licensed content E2-8 [e.g. such content is found on a peer-to-peer file sharing network] determined to have been delivered to the Licensee, the Licensee shall detect the forensic watermark and determine the user account to which the video was delivered. Licensee shall have an obligation to monitor its own systems for security breaches at all times, including unauthorized distribution by any user of any Early Window content (whether or not such content belongs to Licensor). Licensee shall promptly report the details of any breach to Licensor with respect to Licensor content, and at least the existence of any such breach with respect to third party content. Licensee shall then, at a minimum, (i) terminate the user’s ability to acquire Licensor content from the Licensed Service and – should (ii) if the breach have has occurred with respect to Licensor content – shall content, either provide information as to the identity of the user to the Licensor or take other action, as agreed between Licensee and Licensor, at the sole cost of Licensor such that there is an agreed and a significant deterrent against unauthorized redistribution by that user of Licensor’s content. In the event Licensee does not comply with its obligation in subsection (i) of the previous sentence, Licensee will owe Licensor contentliquidated damages in the amount of $1,000,000. Licensee shall also make available to other content providers the existence of any security breach related to Licensor’s content and Licensee shall seek from other content providers the ability to make similar disclosures with respect to their content. Licensee shall also notify the MPAA of any such reportable security breach once a process for MPAA notification is established. If an event occurs that Licensor determines in its own discretion could lead to the unauthorized distribution of licensed content (whether or not such content belongs to Licensor), Licensor shall have immediate suspension and termination rights under this Agreement. [Other remedies for security breaches TBD.]