VITHEQUE PLATFORM

Vithèque is an interactive and dynamic electronic platform, a website hosting videos, films and interactive work which is devoted entirely to the dissemination, distribution, promotion and market development of independent video and for the management of copyright. The platform offers a wide selection of videos available free of charge or in exchange for a fee, via streaming or downloading. In addition to the site’s digitised works, visitors have access to the full documentation content of the Vidéographe catalogue with its more than 1800 titles. DVDs and publications produced by Vidéographe are also available for sale on line. All transactions are secure and are made through PayPal. Various benefits are available to professionals: viewing all new acquisitions free of charge; consultation of all documentation concerning new acquisitions; many promotional and communication tools and a wide range of useful and effective services (see “About”).. Vithèque provides professionals with a virtual forum for exchanging, sharing and communicating with others working in media and video art.

On the platform you can find our featured titles and up-to-date news about the works and artists in our catalogue and Vidéographe’s own activities. You’ll find news about every facet of the discipline and the many developments within it, providing ample coverage of the major events which shape the field.

Pedagogical content and video programs are also available free of charge: highly effective tools for teachers, students, educational institutions and lovers of video art. To view videos related to the pedagogical kits or the programs, international visitors must pay a viewing access fee.

Vithèque is available in the two official languages, English and French.

Vithèque makes it possible to carry out advanced searches and information extraction based, among other things, on normal language. Vithèque allows for multi-criteria searches and data sorting.

Electronic transactions on our site for the purchase and/or rental of videos in streaming or download mode are secured by PayPal.

With The Vithèque platform and Vidéographe confirm their desire to maintain, on the Internet, a real policy of copyright recognition and an equitable distribution of revenue. (See Revenue sharing.)  

In keeping with the requirements of the Department of Canadian Heritage, Vithèque applies the main rules of W3c, HTML 4.01 or XHTML 1.0 transitive.

The Vithèque platform was designed to facilitate the incorporation of other independent video art and media art organisations and to develop occasional or long-term partnerships.

The digitised works found on the platform are presented in optimal visual quality in order to respect the intrinsic nature of the artworks and to provide visitors with a high-level artistic experience. Some older works, however, have not benefited from the appropriate cleaning and calibration. Image quality may be affected in some instances, but we believe it important to make these works available given their heritage value.

Vithèque identifies the IP address origins to enable Canadians to view free of charge the videos whose royalty payments are funded by the Department of Canadian Heritage.

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VITHEQUE ARTISTIC CONTENT

Vithèque’s digitised videos are all taken exclusively from the Vidéographe catalogue. The selection was made on the basis of three distinct categories: video art, documentary and fiction. Altogether 500 titles were selected. The goal of this selection is to highlight a precious heritage that is essential to the understanding of Quebecois and Canadian video by finally making it available to the general public and giving it new life in the process. Vidéographe has existed since 1971 and over the years has built up a collection of over 1800 videos made by more than 900 artists.

Thanks to Vithéque important names from Quebecois and Canadian video are now accessible online. They include Robert Morin, Nelson Henricks, Luc Bourdon, Charles Guilbert and Serge Murphy, Chantal duPont, Donigan Cumming, Sylvie Laliberté, Pierre Falardeau, Josette Bélanger, Rachel Echenberg, Bernard Émond, Manon Labrecque, Paul Landon, Lauraine André G., Pascal Grandmaison, Bettina Hoffmann, Jayce Salloum and Steve Reinke, to name just a few. In its 19 years of existence the prestigious Bell Canada prize, awarded by the Canada Council for the Arts, has rewarded 10 artists distributed by Vidéographe!

Vithèque has been designed to host the catalogues of independent producers and distributors or of artists themselves in order to increase the amount of material provided online to individuals and professionals alike. Since the 1970s, independent video has achieved recognition in the arts community thanks to the work of the artists, producers, distributors and organisations who, throughout Quebec and the rest of Canada, have contributed to the growth of the discipline. The democratisation of digital technology over the past few years has given it new impetus. Vithèque has been designed for those participating in this effervescence. The platform’s objective is to be both the showcase of independent video, providing it with international exposure, and the guardian of these works’ copyright on the Internet.

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OWNERSHIP OF THE PLATFORM

VIDÉOGRAPHE is the sole and unique holder and owner of the full rights, titles and interests in the Vithèque Platform, including the digitized content, pedagogical content, video programs, documentation, professional content, shared content, private content and the Vithèque database, the Platform access and source codes, as well as the secured PayPal connection codes, etc.  

VIDÉOGRAPHE is the sole and unique holder and owner of the full rights, titles and interests in the various contents and data included or produced for the development of Vithèque. VIDÉOGRAPHE is solely responsible for the concept design, development and production of the Vithèque Platform regarding: a) the general concept of the Vithèque Platform; b) the relational, interactive and functional structure; c) the structuring of the documentation content, the digitization and compression of the video works, the standardized composition and layout of textual content; d) the graphic and functional packaging of the visual interface.  

VIDÉOGRAPHE is the sole owner and rights holder of the various automated and standardised functionalities, content and interests, automated procedures and management and administrative tools found on the platform for: the use of the database, professional access requests, professional orders online, managing catalogues, titles and authors, managing customers and contacts, promotion and communication, managing inventory, publishing statistical reports and comparative data, online creation and online dissemination.   

VIDÉOGRAPHE is the owner of the domain names: Vithèque.com; Vithèque.org; Vithèque.net and Vithèque.mobi, and the trademark “Vithèque” and its pending registration application with the Canadian Intellectual Property Office.

VIDÉOGRAPHE is solely authorized to develop and operate Vithèque in the various commercial and institutional markets.

VIDÉOGRAPHE is solely authorized to manage the whole of the daily administrative and management functions of the Vithèque Platform and its database, to carry out the daily information, news and current event updates, as well as to renew the content and to engage in all daily Internet marketing, promotion, canvassing, communication and market development via Vithèque.   

The engineering of the Vithèque Platform, the software solutions it incorporates, programming and integration, source codes, technical and computer science concepts, formulas or algorithms contained in Vithèque were developed by Coginov. COGINOV assigns and transfers the control of the Vithèque computer technology and its database, as well as all the Vithèque and database access codes to VIDÉOGRAPHE. If it wishes, VIDÉOGRAPHE may continue to use and operate Vithèque and its databases in their complete and full functionality.

Vidéographe may not, under any circumstance, use the whole of the technical information to other ends than the development of Vithèque, its update and daily use. In other terms, neither Vidéographe nor anyone else may use the technical sources to construct a new platform or site, without having entered into a prior agreement with Coginov.  

VIDÉOGRAPHE recognizes that the software as well as all technical information, concept, method, process, procedure, formula or algorithm contained in the Vithèque platform constitute private and confidential COGINOV trade secrets, to which COGINOV limits VIDÉOGRAPHE’s access, without prejudice and in strict confidence.

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OWNERSHIP OF THE VIDEOS AND INFORMATION

The rights to the digitized and compressed videos incorporated into Vithèque are solely owned by the author(s) and/or his/her/their producer(s). VIDÉOGRAPHE is the sole and unique legal representative of the authors, the right-holders and the videos digitized in Vithèque. The works digitised on Vithèque which are not a part of the Vidéographe catalogue are legally represented by their author, distributor or copyright holder. These representatives are the only parties authorised to sign agreements with Vidéographe for the dissemination of these works on Vithèque. By way of these agreements, Vidéographe becomes these works’ legal representative solely for the purposes of placing them online and disseminating them on Vithèque.

This legal representation is exercised in a non-exclusive manner and in all territories for the online dissemination. The distributor or copyright holder retain exclusive rights for all territories for distribution to professionals, markets and dissemination circuits, whether this is performed online with Vithèque, in the absence of an agreement to the contrary with Vidéographe, or is performed in any other manner.

It is mandatory that all copyright payments on Vithèque must transit through VIDÉOGRAPHE, and all business dealings on Vithèque with a rights-holder can only be conducted with VIDÉOGRAPHE.

VIDÉOGRAPHE is the sole and unique holder and owner of the full rights, titles and interests in the Vithèque Platform, including the digitized content, pedagogical content, video programs, documentation, professional content, shared content, private content and the Vithèque database, with the exception of digitised videos for which their author or rights holder grants Vidéographe permission to disseminate them on Vithèque, and with the exception of texts for which their author or rights holder grants Vidéographe permission to disseminate them on Vithèque.

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ACCESS RIGHTS TO THE PLATFORM

Vithèque offers several access modes to its content, some free of charge and some not.
The whole of the textual content on the Platform is accessible for free to all site visitors, regardless of whether they are Canadian or foreign, individuals or professionals.

The viewing of the videos in streaming or download mode is either free, or for a charge, depending on the geographical origin of the site visitor, or his/her status as an individual or a professional. This distinction is in keeping with the requirements of the Department of Canadian Heritage, who in its financial contribution towards the creation of the platform granted a fund to clear the rights to the 300 first digitized titles from the Vidéographe catalogue and thereby provide individual Canadians free access to them.

Access to the videos is as follows:

Individual Canadians have free access to the first 300 digitized titles from the Vidéographe catalogue under the Partnerships Fund program of the Canadian Culture Online initiative of the Department of Canadian Heritage.

Canadian individuals must pay an access fee for every download carried out.

Canadian institutions must pay an access fee for both streamed viewing and downloads, except for federal government institutions, which have free access for promotional purposes.

Individuals outside of Canada, as well as foreign institutions, must pay a fee to view or download videos.

Libraries, media and video libraries, educational institutions, museums, businesses, etc., which pay access fees (subscriptions, package rates or other) can provide their members, students,  teachers, staff, etc., with free viewing privileges.  

Canadian professionals (curators, programmers, publishing professionals, acquisition professionals, festival or public events directors, teachers, television broadcasters, distributors, producers, program directors, cinema owners, journalists, critics, theorists, etc.) may, after having registered as such and received authorization, view all new acquisitions for the purposes of purchasing, disseminating and/or promoting this material. Dissemination, licensing and acquisition agreements will be made directly between Canadian professionals and the legal representatives of the works and their authors.
 
Non-Canadian professionals (curators, programmers, publishing professionals, acquisition professionals, festival or public events directors, teachers, television broadcasters, distributors, producers, program directors, cinema owners, journalists, critics, theorists, etc.) may, after having registered as such and received authorization, view all new acquisitions in digital form on the platform for the purposes of purchasing, disseminating and/or promoting this material. Dissemination, licensing and acquisition agreements will be made directly between non-Canadian professionals and the legal representatives of the works and their authors.

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TERMS OF USE FOR THE WORK AND CONTENT
 

Terms of use for the textual content

The written information, totality of textual contents on Vithèque, the documentation, current events, news, bulletins, communications, announcements, messages, and text files are accessible free of charge for all individual or professional site visitors. The use of the information may be carried out in the site visitors’ strictly professional or personal context, and in respect of the integrity of the documents, videos and artists to whom these documents and information refer.

However, the use of this textual information in a public context (whether professional or not), for promotional or communication purposes, or other, must be authorized in writing by Vidéographe. Any public use of the information and other text documents available on Vithèque must be accompanied by the mention: Source vitheque.com, and, when it is indicated, the name of the author of the text.



Terms of use for the videos

The terms of use apply equally to the streaming and download mode, the video DVD and DVD box-set and publication purchases. They vary according to the status of the site visitor and the mode of access to the videos selected.



For Canadian and non-Canadian individuals

The free viewing (for Canadians) of videos on Vithèque, downloads or viewing for a fee, any future membership fees or package deals, the purchase of DVD box-sets, DVDs or publications are subject to the following terms of use:

•    The videos are owned by the directors and/or producers of the works;

•    Vidéographe is their legal representative for Vithèque and manages the dissemination, distribution and
      payment of royalties in accordance with Canadian copyright laws;

•    Whatever the viewing mode, dissemination on line or on DVD is intended for private and strictly
      private use;

•    Public dissemination (for free or at a charge), except for strictly private use, is forbidden.

•    Whatever the viewing mode (for free or at a charge), it is strictly forbidden to duplicate or have the
      work duplicated, to reproduce it in whole or in part in any form, known or unknown to this date, to
      transfer or disseminate it on the Internet or any other digital platform;

•    Whatever the viewing mode (for free or at a charge), it is strictly forbidden to proceed to or have
      someone proceed to sample, capture excerpts or to integrate the video into another video or another
      work, to alter or modify the artistic dimension and reach to ends other than those intended by its
      authors;

•    The indicated rates are determined by the length of the videos. They have been fixed by Vidéographe
      and are subject to change at any time;

•    The rates indicated for special offers are applicable only within the determined and set time period;

•    The indicated rates do not include sales tax;

•    Any breach, infringement or violation of these terms are subject to prosecution under Canadian law.



For Canadian and non-Canadians professionals (streaming)

The free viewing of videos on Vithèque, whether from the digitized catalogue or new acquisitions, is subject to the following terms of use:

•    The videos are owned by the directors and/or producers of the works;

•    Vidéographe is their legal representative for Vithèque and manages their dissemination and
      promotion on Vithèque;

•    Vidéographe manages the distribution of works in its catalogue and the payment of royalties to
      these works’ authors in accordance with Canadian copyright laws;

•    The other distributors or legal representatives manage the distribution of the work in their
      respective catalogues and the payment of royalties to the authors of these works in accordance
      with Canadian copyright laws;

•    The free viewing of a video, whatever its nature, is reserved for strictly private use, for professional
      consultation purposes and with the sole and unique goal of evaluating its potential for future
      purchase, programming, dissemination, presentation circulation;  

•    Public exhibition (for free or at a charge) is forbidden unless it is for strictly private and professional
      use as stated above;

•    Whatever the viewing mode (for free or at a charge), it is strictly forbidden to duplicate or have the
     work duplicated, to reproduce it in whole or in part on whatever support, known or unknown to this
      date, to transfer or disseminate it on the Internet or any other digital platform;

•    Whatever the viewing mode (for free or at a charge), it is strictly forbidden to proceed to or have
      someone proceed to sample, capture excerpts or to integrate the video into another video or another
      work, to alter or modify the artistic dimension and reach to ends other than those intended by its
      authors;

•    The rates for downloading or streamed viewing are those indicated for individuals. Under no
      circumstance may they serve as the basis for negotiating sales in professional commercial or
      institutional circuits;

•    Acquisition fees are set either by Vidéographe or by the distributor or legal representative of the work
      concerned according to the type of use to which professionals plan to put each video; 

•    Any public exhibition of excerpts for promotional purposes by an institution that has purchased a
      video, and only after having bought this video, must receive prior authorization from its legal
      representative. Other than in exceptional circumstances, the authorization does not involve any
      surplus cost on top of the sales rates.

•    Any breach, infringement or violation of these terms is subject to prosecution under Canadian law.



For Canadian and non-Canadians professionals (DVD box-sets, DVDs, publications)

The purchase of DVD box-sets, DVDs or publications sold on Vithèque are subject to the following conditions of use:

•    The videos are owned by the directors and/or producers of the works;

•    Vidéographe is their legal representative for Vithèque and manages the dissemination and
      promotion on Vithèque;

•    Vidéographe manages the distribution of work in its catalogue and the payment of royalties in
      accordance with Canadian copyright laws;

•    The sales rates are those indicated for individuals. Under no circumstance, may they serve as the
      basis
for negotiating sales in professional commercial or institutional circuits;

•    Acquisition fees are set either by Vidéographe or by the distributor or legal representative of the work
      concerned according to the type of use to which professionals plan to put each video; 

•    The purchase of DVD box-sets, DVDs and/or is authorized for free consultation purposes in the context
      of activities intrinsic to the institutions.

•    For a free public showing in addition to the on site consultation, rental rates must be added to the sales
      rates and this according to the number or duration of the showings;

•    Sales rates exclude any showing or consultation outside of the institution’s premises;

•    Sales rates do not make it permissible to charge for a public showing or consultation. Any collection
     of the public copyright fees for the dissemination and the consultation of the video works must involve
     a specific agreement with Vidéographe or the distributor or legal representative of the work;

•    It is strictly forbidden to duplicate or have the work duplicated, to reproduce it in whole or in part on
      whatever support, known or unknown to this date, to transfer or disseminate it on the Internet or any
      other digital platform;

•    It is strictly forbidden to proceed, or have someone proceed to capture excerpts from the video,
      to sample or to integrate the video into another video or another work, to alter or modify the artistic
      dimension and reach to ends other than those intended by its authors;

•    Any public showing of excerpts for promotional purposes in the context of the institution’s internal
      activities must have authorization from Vidéographe or the legal representative of the work. Other than
      in exceptional circumstances, the authorization does not involve any surplus cost on top of the sales rates.

•    Shipping costs are not included in the sales rates and are to be added to the invoice total.

•    10% supplement fees will be added to international sales rates for interbank transactions and customs duties.



For Canadian and non-Canadian professionals (subscription to Vithèque for educational institutions, libraries, media libraries, museums, etc.).

The subscriptions offered to institutions with the goal of making freely accessible to members of these organisations a part of the digitised catalogue on Vithèque are not yet operational. They will become operational at a later date and will be subject to the following conditions:

•    The videos are owned by the directors and/or producers of the works.

•    Vidéographe is their legal representative and manages the dissemination and distribution on Vithèque and
      the payment of royalties in accordance with Canadian copyright laws;

•    The subscription is authorized solely for the free consultation of the digitized videos of the catalogue
      (except for new acquisitions) for the members or subscribers of the institution;

•    The institution acts as guarantor and assumes responsibility for its members and subscribers and
      the use they make of the viewed videos for private consultation purposes;

•    Public showing of the videos is forbidden (for free or at a charge) except for the purposes stated above;

•    The subscription excludes any showing or consultation outside of the institution’s premises;

•    It is strictly forbidden to duplicate or have the work duplicated, to reproduce it in whole or in part on
      whatever support, known or unknown to this date, to transfer or disseminate it on the Internet or any
      other digital platform;

•    It is strictly forbidden to proceed, or have someone proceed to capture excerpts from the video, to sample
      or to integrate the video into another video or another work, to alter or modify the artistic dimension and
      reach to ends other than those intended by its authors;

•    Sales rates do not make it permissible to charge for a public showing or consultation. Any collection
     of the public copyright fees for the dissemination and the consultation of the video works must involve
     a specific agreement with Vidéographe;

•    Any public showing of excerpts for promotional purposes in the context of the institution’s internal
     activities necessarily requires authorization from Vidéographe or the legal representative of the work.
     Other than in exceptional circumstances, the authorization does not involve any surplus cost on top
     of the sales rates;

•    Any breach, infringement or violation of these terms is subject to prosecution under Canadian law.

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REVENUE SHARING

Vithèque was created in continuity with this commitment. The viewings, downloads and online video purchases are all, without exception, subject to a revenue sharing between Vidéographe and the right-holders or their legal representatives in conformity with the agreements entered into by the two parties. A staunch defender of artistic recognition and a policy that promotes copyrights, Vidéographe is, in Canada, one of the pioneers in the application of a fair revenue sharing process for artists.


For each digitized video from the Vidéographe catalogue on Vithèque, which can be viewed for free by Canadian individuals under the Partnerships Fund program of the Canadian Culture Online initiative of the Department of Canadian Heritage,

All digitized excerpts and all texts and images freely accessible on Vithèque to promote the videos in the catalogue and new acquisitions, are not subject to a revenue sharing.

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VITHEQUE PLATFORM

Vithèque is an interactive and dynamic electronic platform, a website hosting videos, films and interactive work which is devoted entirely to the dissemination, distribution, promotion and market development of independent video and for the management of copyright. The platform offers a wide selection of videos available free of charge or in exchange for a fee, via streaming or downloading. In addition to the site’s digitised works, visitors have access to the full documentation content of the Vidéographe catalogue with its more than 1800 titles. DVDs and publications produced by Vidéographe are also available for sale on line. All transactions are secure and are made through PayPal. Various benefits are available to professionals: viewing all new acquisitions free of charge; consultation of all documentation concerning new acquisitions; many promotional and communication tools and a wide range of useful and effective services (see “About”).. Vithèque provides professionals with a virtual forum for exchanging, sharing and communicating with others working in media and video art.

On the platform you can find our featured titles and up-to-date news about the works and artists in our catalogue and Vidéographe’s own activities. You’ll find news about every facet of the discipline and the many developments within it, providing ample coverage of the major events which shape the field.

Pedagogical content and video programs are also available free of charge: highly effective tools for teachers, students, educational institutions and lovers of video art. To view videos related to the pedagogical kits or the programs, international visitors must pay a viewing access fee.

Vithèque is available in the two official languages, English and French.

Vithèque makes it possible to carry out advanced searches and information extraction based, among other things, on normal language. Vithèque allows for multi-criteria searches and data sorting.

Electronic transactions on our site for the purchase and/or rental of videos in streaming or download mode are secured by PayPal.

With The Vithèque platform and Vidéographe confirm their desire to maintain, on the Internet, a real policy of copyright recognition and an equitable distribution of revenue. (See Revenue sharing.)  

In keeping with the requirements of the Department of Canadian Heritage, Vithèque applies the main rules of W3c, HTML 4.01 or XHTML 1.0 transitive.

The Vithèque platform was designed to facilitate the incorporation of other independent video art and media art organisations and to develop occasional or long-term partnerships.

The digitised works found on the platform are presented in optimal visual quality in order to respect the intrinsic nature of the artworks and to provide visitors with a high-level artistic experience. Some older works, however, have not benefited from the appropriate cleaning and calibration. Image quality may be affected in some instances, but we believe it important to make these works available given their heritage value.

Vithèque identifies the IP address origins to enable Canadians to view free of charge the videos whose royalty payments are funded by the Department of Canadian Heritage.

Back to top


VITHEQUE ARTISTIC CONTENT

Vithèque’s digitised videos are all taken exclusively from the Vidéographe catalogue. The selection was made on the basis of three distinct categories: video art, documentary and fiction. Altogether 500 titles were selected. The goal of this selection is to highlight a precious heritage that is essential to the understanding of Quebecois and Canadian video by finally making it available to the general public and giving it new life in the process. Vidéographe has existed since 1971 and over the years has built up a collection of over 1800 videos made by more than 900 artists.

Thanks to Vithéque important names from Quebecois and Canadian video are now accessible online. They include Robert Morin, Nelson Henricks, Luc Bourdon, Charles Guilbert and Serge Murphy, Chantal duPont, Donigan Cumming, Sylvie Laliberté, Pierre Falardeau, Josette Bélanger, Rachel Echenberg, Bernard Émond, Manon Labrecque, Paul Landon, Lauraine André G., Pascal Grandmaison, Bettina Hoffmann, Jayce Salloum and Steve Reinke, to name just a few. In its 19 years of existence the prestigious Bell Canada prize, awarded by the Canada Council for the Arts, has rewarded 10 artists distributed by Vidéographe!

Vithèque has been designed to host the catalogues of independent producers and distributors or of artists themselves in order to increase the amount of material provided online to individuals and professionals alike. Since the 1970s, independent video has achieved recognition in the arts community thanks to the work of the artists, producers, distributors and organisations who, throughout Quebec and the rest of Canada, have contributed to the growth of the discipline. The democratisation of digital technology over the past few years has given it new impetus. Vithèque has been designed for those participating in this effervescence. The platform’s objective is to be both the showcase of independent video, providing it with international exposure, and the guardian of these works’ copyright on the Internet.

Back to top
 

OWNERSHIP OF THE PLATFORM

VIDÉOGRAPHE is the sole and unique holder and owner of the full rights, titles and interests in the Vithèque Platform, including the digitized content, pedagogical content, video programs, documentation, professional content, shared content, private content and the Vithèque database, the Platform access and source codes, as well as the secured PayPal connection codes, etc.  

VIDÉOGRAPHE is the sole and unique holder and owner of the full rights, titles and interests in the various contents and data included or produced for the development of Vithèque. VIDÉOGRAPHE is solely responsible for the concept design, development and production of the Vithèque Platform regarding: a) the general concept of the Vithèque Platform; b) the relational, interactive and functional structure; c) the structuring of the documentation content, the digitization and compression of the video works, the standardized composition and layout of textual content; d) the graphic and functional packaging of the visual interface.  

VIDÉOGRAPHE is the sole owner and rights holder of the various automated and standardised functionalities, content and interests, automated procedures and management and administrative tools found on the platform for: the use of the database, professional access requests, professional orders online, managing catalogues, titles and authors, managing customers and contacts, promotion and communication, managing inventory, publishing statistical reports and comparative data, online creation and online dissemination.   

VIDÉOGRAPHE is the owner of the domain names: Vithèque.com; Vithèque.org; Vithèque.net and Vithèque.mobi, and the trademark “Vithèque” and its pending registration application with the Canadian Intellectual Property Office.

VIDÉOGRAPHE is solely authorized to develop and operate Vithèque in the various commercial and institutional markets.

VIDÉOGRAPHE is solely authorized to manage the whole of the daily administrative and management functions of the Vithèque Platform and its database, to carry out the daily information, news and current event updates, as well as to renew the content and to engage in all daily Internet marketing, promotion, canvassing, communication and market development via Vithèque.   

The engineering of the Vithèque Platform, the software solutions it incorporates, programming and integration, source codes, technical and computer science concepts, formulas or algorithms contained in Vithèque were developed by Coginov. COGINOV assigns and transfers the control of the Vithèque computer technology and its database, as well as all the Vithèque and database access codes to VIDÉOGRAPHE. If it wishes, VIDÉOGRAPHE may continue to use and operate Vithèque and its databases in their complete and full functionality.

Vidéographe may not, under any circumstance, use the whole of the technical information to other ends than the development of Vithèque, its update and daily use. In other terms, neither Vidéographe nor anyone else may use the technical sources to construct a new platform or site, without having entered into a prior agreement with Coginov.  

VIDÉOGRAPHE recognizes that the software as well as all technical information, concept, method, process, procedure, formula or algorithm contained in the Vithèque platform constitute private and confidential COGINOV trade secrets, to which COGINOV limits VIDÉOGRAPHE’s access, without prejudice and in strict confidence.

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OWNERSHIP OF THE VIDEOS AND INFORMATION

The rights to the digitized and compressed videos incorporated into Vithèque are solely owned by the author(s) and/or his/her/their producer(s). VIDÉOGRAPHE is the sole and unique legal representative of the authors, the right-holders and the videos digitized in Vithèque. The works digitised on Vithèque which are not a part of the Vidéographe catalogue are legally represented by their author, distributor or copyright holder. These representatives are the only parties authorised to sign agreements with Vidéographe for the dissemination of these works on Vithèque. By way of these agreements, Vidéographe becomes these works’ legal representative solely for the purposes of placing them online and disseminating them on Vithèque.

This legal representation is exercised in a non-exclusive manner and in all territories for the online dissemination. The distributor or copyright holder retain exclusive rights for all territories for distribution to professionals, markets and dissemination circuits, whether this is performed online with Vithèque, in the absence of an agreement to the contrary with Vidéographe, or is performed in any other manner.

It is mandatory that all copyright payments on Vithèque must transit through VIDÉOGRAPHE, and all business dealings on Vithèque with a rights-holder can only be conducted with VIDÉOGRAPHE.

VIDÉOGRAPHE is the sole and unique holder and owner of the full rights, titles and interests in the Vithèque Platform, including the digitized content, pedagogical content, video programs, documentation, professional content, shared content, private content and the Vithèque database, with the exception of digitised videos for which their author or rights holder grants Vidéographe permission to disseminate them on Vithèque, and with the exception of texts for which their author or rights holder grants Vidéographe permission to disseminate them on Vithèque.

Back to top

 

ACCESS RIGHTS TO THE PLATFORM

Vithèque offers several access modes to its content, some free of charge and some not.
The whole of the textual content on the Platform is accessible for free to all site visitors, regardless of whether they are Canadian or foreign, individuals or professionals.

The viewing of the videos in streaming or download mode is either free, or for a charge, depending on the geographical origin of the site visitor, or his/her status as an individual or a professional. This distinction is in keeping with the requirements of the Department of Canadian Heritage, who in its financial contribution towards the creation of the platform granted a fund to clear the rights to the 300 first digitized titles from the Vidéographe catalogue and thereby provide individual Canadians free access to them.

Access to the videos is as follows:

Individual Canadians have free access to the first 300 digitized titles from the Vidéographe catalogue under the Partnerships Fund program of the Canadian Culture Online initiative of the Department of Canadian Heritage.

Canadian individuals must pay an access fee for every download carried out.

Canadian institutions must pay an access fee for both streamed viewing and downloads, except for federal government institutions, which have free access for promotional purposes.

Individuals outside of Canada, as well as foreign institutions, must pay a fee to view or download videos.

Libraries, media and video libraries, educational institutions, museums, businesses, etc., which pay access fees (subscriptions, package rates or other) can provide their members, students,  teachers, staff, etc., with free viewing privileges.  

Canadian professionals (curators, programmers, publishing professionals, acquisition professionals, festival or public events directors, teachers, television broadcasters, distributors, producers, program directors, cinema owners, journalists, critics, theorists, etc.) may, after having registered as such and received authorization, view all new acquisitions for the purposes of purchasing, disseminating and/or promoting this material. Dissemination, licensing and acquisition agreements will be made directly between Canadian professionals and the legal representatives of the works and their authors.
 
Non-Canadian professionals (curators, programmers, publishing professionals, acquisition professionals, festival or public events directors, teachers, television broadcasters, distributors, producers, program directors, cinema owners, journalists, critics, theorists, etc.) may, after having registered as such and received authorization, view all new acquisitions in digital form on the platform for the purposes of purchasing, disseminating and/or promoting this material. Dissemination, licensing and acquisition agreements will be made directly between non-Canadian professionals and the legal representatives of the works and their authors.

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TERMS OF USE FOR THE WORK AND CONTENT
 

Terms of use for the textual content

The written information, totality of textual contents on Vithèque, the documentation, current events, news, bulletins, communications, announcements, messages, and text files are accessible free of charge for all individual or professional site visitors. The use of the information may be carried out in the site visitors’ strictly professional or personal context, and in respect of the integrity of the documents, videos and artists to whom these documents and information refer.

However, the use of this textual information in a public context (whether professional or not), for promotional or communication purposes, or other, must be authorized in writing by Vidéographe. Any public use of the information and other text documents available on Vithèque must be accompanied by the mention: Source vitheque.com, and, when it is indicated, the name of the author of the text.



Terms of use for the videos

The terms of use apply equally to the streaming and download mode, the video DVD and DVD box-set and publication purchases. They vary according to the status of the site visitor and the mode of access to the videos selected.



For Canadian and non-Canadian individuals

The free viewing (for Canadians) of videos on Vithèque, downloads or viewing for a fee, any future membership fees or package deals, the purchase of DVD box-sets, DVDs or publications are subject to the following terms of use:

•    The videos are owned by the directors and/or producers of the works;

•    Vidéographe is their legal representative for Vithèque and manages the dissemination, distribution and
      payment of royalties in accordance with Canadian copyright laws;

•    Whatever the viewing mode, dissemination on line or on DVD is intended for private and strictly
      private use;

•    Public dissemination (for free or at a charge), except for strictly private use, is forbidden.

•    Whatever the viewing mode (for free or at a charge), it is strictly forbidden to duplicate or have the
      work duplicated, to reproduce it in whole or in part in any form, known or unknown to this date, to
      transfer or disseminate it on the Internet or any other digital platform;

•    Whatever the viewing mode (for free or at a charge), it is strictly forbidden to proceed to or have
      someone proceed to sample, capture excerpts or to integrate the video into another video or another
      work, to alter or modify the artistic dimension and reach to ends other than those intended by its
      authors;

•    The indicated rates are determined by the length of the videos. They have been fixed by Vidéographe
      and are subject to change at any time;

•    The rates indicated for special offers are applicable only within the determined and set time period;

•    The indicated rates do not include sales tax;

•    Any breach, infringement or violation of these terms are subject to prosecution under Canadian law.



For Canadian and non-Canadians professionals (streaming)

The free viewing of videos on Vithèque, whether from the digitized catalogue or new acquisitions, is subject to the following terms of use:

•    The videos are owned by the directors and/or producers of the works;

•    Vidéographe is their legal representative for Vithèque and manages their dissemination and
      promotion on Vithèque;

•    Vidéographe manages the distribution of works in its catalogue and the payment of royalties to
      these works’ authors in accordance with Canadian copyright laws;

•    The other distributors or legal representatives manage the distribution of the work in their
      respective catalogues and the payment of royalties to the authors of these works in accordance
      with Canadian copyright laws;

•    The free viewing of a video, whatever its nature, is reserved for strictly private use, for professional
      consultation purposes and with the sole and unique goal of evaluating its potential for future
      purchase, programming, dissemination, presentation circulation;  

•    Public exhibition (for free or at a charge) is forbidden unless it is for strictly private and professional
      use as stated above;

•    Whatever the viewing mode (for free or at a charge), it is strictly forbidden to duplicate or have the
     work duplicated, to reproduce it in whole or in part on whatever support, known or unknown to this
      date, to transfer or disseminate it on the Internet or any other digital platform;

•    Whatever the viewing mode (for free or at a charge), it is strictly forbidden to proceed to or have
      someone proceed to sample, capture excerpts or to integrate the video into another video or another
      work, to alter or modify the artistic dimension and reach to ends other than those intended by its
      authors;

•    The rates for downloading or streamed viewing are those indicated for individuals. Under no
      circumstance may they serve as the basis for negotiating sales in professional commercial or
      institutional circuits;

•    Acquisition fees are set either by Vidéographe or by the distributor or legal representative of the work
      concerned according to the type of use to which professionals plan to put each video; 

•    Any public exhibition of excerpts for promotional purposes by an institution that has purchased a
      video, and only after having bought this video, must receive prior authorization from its legal
      representative. Other than in exceptional circumstances, the authorization does not involve any
      surplus cost on top of the sales rates.

•    Any breach, infringement or violation of these terms is subject to prosecution under Canadian law.



For Canadian and non-Canadians professionals (DVD box-sets, DVDs, publications)

The purchase of DVD box-sets, DVDs or publications sold on Vithèque are subject to the following conditions of use:

•    The videos are owned by the directors and/or producers of the works;

•    Vidéographe is their legal representative for Vithèque and manages the dissemination and
      promotion on Vithèque;

•    Vidéographe manages the distribution of work in its catalogue and the payment of royalties in
      accordance with Canadian copyright laws;

•    The sales rates are those indicated for individuals. Under no circumstance, may they serve as the
      basis
for negotiating sales in professional commercial or institutional circuits;

•    Acquisition fees are set either by Vidéographe or by the distributor or legal representative of the work
      concerned according to the type of use to which professionals plan to put each video; 

•    The purchase of DVD box-sets, DVDs and/or is authorized for free consultation purposes in the context
      of activities intrinsic to the institutions.

•    For a free public showing in addition to the on site consultation, rental rates must be added to the sales
      rates and this according to the number or duration of the showings;

•    Sales rates exclude any showing or consultation outside of the institution’s premises;

•    Sales rates do not make it permissible to charge for a public showing or consultation. Any collection
     of the public copyright fees for the dissemination and the consultation of the video works must involve
     a specific agreement with Vidéographe or the distributor or legal representative of the work;

•    It is strictly forbidden to duplicate or have the work duplicated, to reproduce it in whole or in part on
      whatever support, known or unknown to this date, to transfer or disseminate it on the Internet or any
      other digital platform;

•    It is strictly forbidden to proceed, or have someone proceed to capture excerpts from the video,
      to sample or to integrate the video into another video or another work, to alter or modify the artistic
      dimension and reach to ends other than those intended by its authors;

•    Any public showing of excerpts for promotional purposes in the context of the institution’s internal
      activities must have authorization from Vidéographe or the legal representative of the work. Other than
      in exceptional circumstances, the authorization does not involve any surplus cost on top of the sales rates.

•    Shipping costs are not included in the sales rates and are to be added to the invoice total.

•    10% supplement fees will be added to international sales rates for interbank transactions and customs duties.



For Canadian and non-Canadian professionals (subscription to Vithèque for educational institutions, libraries, media libraries, museums, etc.).

The subscriptions offered to institutions with the goal of making freely accessible to members of these organisations a part of the digitised catalogue on Vithèque are not yet operational. They will become operational at a later date and will be subject to the following conditions:

•    The videos are owned by the directors and/or producers of the works.

•    Vidéographe is their legal representative and manages the dissemination and distribution on Vithèque and
      the payment of royalties in accordance with Canadian copyright laws;

•    The subscription is authorized solely for the free consultation of the digitized videos of the catalogue
      (except for new acquisitions) for the members or subscribers of the institution;

•    The institution acts as guarantor and assumes responsibility for its members and subscribers and
      the use they make of the viewed videos for private consultation purposes;

•    Public showing of the videos is forbidden (for free or at a charge) except for the purposes stated above;

•    The subscription excludes any showing or consultation outside of the institution’s premises;

•    It is strictly forbidden to duplicate or have the work duplicated, to reproduce it in whole or in part on
      whatever support, known or unknown to this date, to transfer or disseminate it on the Internet or any
      other digital platform;

•    It is strictly forbidden to proceed, or have someone proceed to capture excerpts from the video, to sample
      or to integrate the video into another video or another work, to alter or modify the artistic dimension and
      reach to ends other than those intended by its authors;

•    Sales rates do not make it permissible to charge for a public showing or consultation. Any collection
     of the public copyright fees for the dissemination and the consultation of the video works must involve
     a specific agreement with Vidéographe;

•    Any public showing of excerpts for promotional purposes in the context of the institution’s internal
     activities necessarily requires authorization from Vidéographe or the legal representative of the work.
     Other than in exceptional circumstances, the authorization does not involve any surplus cost on top
     of the sales rates;

•    Any breach, infringement or violation of these terms is subject to prosecution under Canadian law.

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REVENUE SHARING

Vithèque was created in continuity with this commitment. The viewings, downloads and online video purchases are all, without exception, subject to a revenue sharing between Vidéographe and the right-holders or their legal representatives in conformity with the agreements entered into by the two parties. A staunch defender of artistic recognition and a policy that promotes copyrights, Vidéographe is, in Canada, one of the pioneers in the application of a fair revenue sharing process for artists.


For each digitized video from the Vidéographe catalogue on Vithèque, which can be viewed for free by Canadian individuals under the Partnerships Fund program of the Canadian Culture Online initiative of the Department of Canadian Heritage,

All digitized excerpts and all texts and images freely accessible on Vithèque to promote the videos in the catalogue and new acquisitions, are not subject to a revenue sharing.

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