Forensic Watermarking Requirement Sample Clauses

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.]
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