x264 licensing

[kolak]

Wiki:

On February 2, 2010 MPEG LA announced that H.264-encoded Internet Video that is free to end users would continue to be exempt from royalty fees until at least December 31, 2015.[11] However, other fees remain in place. The license terms are updated in 5-year blocks.[12]

Does it mean that if I want to use x264 to produce commercial BD disc someone has to pay licensing fees?


Thanks,
Andrew

[kieranrk]

Internet Video has nothing to do with Blu-ray discs. As with any disc encoded with any H.264 encoder you must pay H.264 licensing fees if they are needed in your region.

[kolak]

Internet Video has nothing to do with Blu-ray discs. As with any disc encoded with any H.264 encoder you must pay H.264 licensing fees if they are needed in your region.

Is it in "other" than x264 cases payed by company, which makes encoder?


Andrew

[nm]

Is it in "other" than x264 cases payed by company, which makes encoder?
Regardless of the encoder, royalties must be paid by the disc replication company or by you if you are doing the replication yourself.

From http://www.mpegla.com/main/programs/AVC/Documents/AVC_TermsSummary.pdf (emphasis mine):
For (b) (1) where an end user pays directly for video services on a title-by-title basis (e.g.,
where viewer determines titles to be viewed or number of viewable titles are otherwise
limited), royalties for video greater than 12 minutes (there is no royalty for a title 12
minutes or less) are (beginning January 1, 2006) the lower of 2% of the price paid to the
Licensee (on first arms length sale of the video) or $0.02 per title (categories of licensees
include legal entities that are (i) replicators of physical media, and (ii) service/content
providers (e.g., cable, satellite, video DSL, internet and mobile) of VOD, PPV and
electronic downloads to end users).

Also: http://www.streaminglearningcenter.com/articles/interview-with-mpeg-las-ceo-re-h264-royalties.html
Ozer: What about with DVD or Blu-ray discs?

Horn: DVD obviously involves the MPEG-2 patent pool, while Blu-ray can be H.264, MPEG-2 and/or VC-1. If you’re replicating the discs, the replicator collects the royalties from you and pays MPEG LA. If you’re producing via recordable discs, you owe the royalty.


I don't think there's a royalty for using an encoder, only its distribution and the distribution of the produced video. Since you're not distributing x264 itself, only the latter applies. But this is just my uninformed view and I'm not sure if MPEG-LA has really clarified the conditions on using free/open-source codecs?

[kolak]

Thanks


Andrew