FAQ
(Frequently Asked Questions)
3) Licensing Application (Submission Form)
7) Technical/Legal Issues/Other
What
is Filmbay?
Filmbay
was born of the idea of necessity. Whether you are simply an independent film
fan, a beginning or established filmmaker, artist, writer, musician, producer
or actor Filmbay has multiple unique networking, showcasing, distribution and
communication tools that you can use to promote yourself in a global online
film community. We invite all filmmakers and film creative of the global
community to join, self-distribute their products and communicate, collaborate
with each other on our website.
How
can I join Filmbay free?
Click
here: JOIN FREE
Is
Filmbay free?
Filmbay
offers a free registration with limited access to some features. You can
register free and upgrade at any time.
What
Upgrade Memberships does Filmbay offer?
There
are several membership options available, for more information, click here: MEMBERSHIPS
Why
should I sign up now for a membership?
Membership
rates will increase over time, as well as selling fees, thus locking into a membership now will secure you the best possible rates available today.
Filmbay is made by media professionals for media professionals, that is why a membership is required for advanced features.
Click here to purchase membership: MEMBERSHIPS
Selling
How
can I sell my content on Filmbay?
In
order to sell your content you must be licensed by Filmbay. For full details,
Go to 3) for the licensing application form.
Submitted
Applications will not be returned. If you are not approved you cannot sell on
Filmbay and you do not have to pay any processing fee. The one-time licensing fee only
applies if you are approved. All approved sellers automatically receive full Platinum membership features
for the duration of their sales activity at Filmbay - This is a special only available to sellers.
Filmbay will contact you via email regarding your application - this may take up to 3-4 weeks. Our User Agreement binds all
licensees.
Scroll
down for the licensing application form.
Once
you are approved and have received your license you are ready to sell.
You
can select from two options:
Option
1
Sell
your content on our site, and fulfill all incoming orders yourself
Option
2
Sell
your content on our site, and let Filmbay fulfill all incoming orders.
This
option may be your better choice, especially if your content is downloadable.
If
you have a physical CD or DVD you want to sell, Filmbay can also fulfill all
orders for you, however, if your item sells, there are additional charges due,
depending on how you want your item sold to customers. These charges include
raw materials, such as DVD-Rs, CD-Rs, jewel cases, Artwork and, of course,
shipping & handling, depending on the shipping destinations you select. We
also offer a "split" Option 2: Let Filmbay handle all North American
orders (Canada, USA & Mexico), and you handle all other regions to which
you decide to ship to. If you are in Europe, located in Belgium, for example,
you may find this "split" Option 2 the easiest, since you ship to all
European countries of your choice.
Note
that Option 2 is mandatory if you are located in the following countries:
Belarus, Bulgaria, China, Cuba, Estonia, Ghana, Hungary, Indonesia, Iran, Iraq,
Latvia, Lebanon, Libya, Lithuania, Macedonia, Malaysia, Nigeria, North Korea,
Pakistan, Philippines, Poland, Romania, Russia, Singapore, Slovak Republic,
Sudan, Thailand, Uganda, Ukraine, Vietnam, Yugoslavia.
There
are no exceptions to this mandatory feature for these countries.
Note
that currently the download feature is only available for digital content such
as e-books. We will be offering full download ability and streaming for
full-length feature films in the near future. As already licensed Filmbay
Seller you will receive access to this feature - when available - at a
discounted rate - so apply for your license today!
Depending
on your licensing approval and choice, royalties are paid out to you as seller
quarterly or bi-annually. Royalties are awarded by direct deposit (Canada), by
wire transfer or international money order. The latter two are available at an
additional fee, if you select either of them. See our fee schedule below for
more details.
If
you select Option 1, you are fully responsible for complete and proper order fulfillment.
Use registered mail or reliable shipping service with tracking number to avoid
false buyer complaints. If Filmbay receives a buyer complaint, that an item was
defective or not received, it will contact the seller and you must send a
replacement to the buyer (or proper proof of shipment) - failure to do so will
result in an adjusted royalty statement at the end of a quarter, or half-year.
We monitor and analyze all buyer complaints - buyers who try to abuse our
system are blocked/banned from using our shop. As seller, as well as buyer, you
are bound by our user agreement. Filmbay does not offer any credit card refunds
/ chargeback whatsoever.
How
do I know an order is placed?
Every
time your content is purchased on Filmbay.com you receive an email with all
transaction information, that way you can keep track of all orders.
How
are royalties calculated?
Your
royalties are calculated, based on what Option Package you are licensed for.
Generally,
your amount of sales will determine your final royalties. Note that Filmbay.com
encourages you to sell - so the more units you sell the bigger your profit
margin gets; the more you sell, the more you earn; details are available upon
request. Note: If your film, music or other content already has been released, or you
want to rerelease it with Filmbay, and you are the rights holder, you are welcomed to
sell on Filmbay; contact our Filmbay Sales department for details.
Sample
profit margins:
Sample
selling calculation:
Selling
calculation example (based on Option 1): A CD you have priced at $10 a unit.
When you sell one unit, the following deductions are made: transaction
processing fee %3.15, service fee %1.75
Selling
calculation example (based on Option 2a): %3.15 transaction processing fee,
%2.95 service fee*
Selling
calculation example (based on Option 2b): %3.15 transaction processing fee,
%2.45 service fee*
*Additional
costs for non-downloadable content are: raw media material, packaging and shipping
costs, negotiable with Seller. All sales are final and include all taxes. As
seller when deciding on how much you are asking for your content in the shop
you must include all relevant taxes in the final sale price. For Canadian
Buyers located in Ontario, buying from Filmbay or Filmbay licensed buyers
located in Ontario all relevant taxes are already included in the designated
shop purchase price. Note, that GST – General Sales Taxes – apply
to all sales and must be included in the final sales price. There are no
additional hidden or implied fees. For more details please see our user
agreement.
Royalty
payouts can be made depending on your choice, the fees are:
Outgoing
Wire Transfers
$10,000
or less = $32
$10,000.01
to $50,000 = $52
Over
$50,000 = $82
Incoming
Wire Transfers $12.00
International
Money Order = $8 plus mandatory FedEx Fee (varies upon destination), visit
FedEx for more details.
Direct
Deposit (within Canada) is also available, for current rates consult your bank.
Sorry, Western Union Money Transfer is not available.
Applying
for a Filmbay License
Licensing
Submission Guidelines
The
use of our shop is bound by a licensing agreement between producers wishing to sell
content in our shop. This agreement (as part of our user agreement) cannot be
altered our changed in any form. Filmbay does not allow users to post any
content in our shop area. Instead a producer wishing to sell content has to be
licensed by Filmbay. The licensing process involves the submission of an
application package:
Package
Contents
A
Producer has to submit two identical copies on CD or DVD of the content desired
to be sold on Filmbay. These copies will not be returned.
You
Must Own All Rights to Your Content: In order to license your content you must
provide releases, contracts and agreements for all elements, including: Actors,
All music, Logos, trademarks shown in frame - All clips from other sources.
Acceptable Submission Formats are: CD, NTSC DVD, NTSC OR PAL VHS tape. For
e-books, digital artwork and other digital content, you must submit it on CD-R
or DVD-R. Label Your Tape or Disk on spine and face of VHS or on DVD, include:
Content title, Runtime, Producers name, Writers name, Directors name, Cast
(complete), Production Year, Country (Where content was produced), Language,
Subtitled in, Describe Your Film in 25-Word Synopsis, Screenings (List exact
festival name), Awards, Film Type, Genre, Audience.
Rights
& Clearances
With
your application, you must submit written proof of the following:
Music:
Yes, I have the rights to all the music used in my film.
Actors'
Agreements: Yes, I have signed agreements from all the actors who appear in my
film.
Logos
& Trademarks: Yes, I have permission to use all logos, trademarks and
copyrighted materials shown in my film.
Producer
Contact Information
Name:
Company:
Phone:
Email:
Website:
Address
1:
Address
2:
City:
State/Province/ZIP:
Country:
A
signed and dated copy of our licensing agreement and user agreement has to
accompany your application.
Unfortunately,
we cannot license your content if it contains any unlicensed elements. We may
request a notarized letter properly identifying the producer as applicant,
verifying all rights clearances and verifying the content you are submitting.
Send
your package to:
Filmbay
Ltd.
Attn:
Licensing
312-2155
Burnhamthorpe Rd. W
Mississauga,
ON
L5L
5P4
Canada
Packages
and all its content will not be returned. It is your responsibility to ensure
safe and secure shipment of your package to us - use registered postal mail, or
a courier, FedEx for example. Do not send your master: Filmbay assumes no
responsibility for lost or damaged packages.
3)
Licensing Application (Submission Form)
The
use of our shop is bound by a licensing agreement between producers wishing to
sell content in our shop. This agreement (as part of our user agreement) cannot
be altered our changed in any form. Filmbay does not allow users to post any
content in our shop area. Instead a producer wishing to sell content has to be
licensed by Filmbay. The licensing process involves the submission of an
application package:
Package
Contents
A
Producer has to submit two identical copies on CD or DVD of the content desired
to be sold on Filmbay. These copies will not be returned.
You
Must Own All Rights to Your Content: In order to license your content you must
provide releases, contracts and agreements for all elements, including: Actors,
All music, Logos, trademarks shown in frame - All clips from other sources.
Acceptable Submission Formats are: CD, NTSC DVD, NTSC OR PAL VHS tape. For
e-books, digital artwork and other digital content, you must submit it on CD-R
or DVD-R. Label Your Tape or Disk on spine and face of VHS or on DVD, include:
Content title, Runtime, Producers name, Writers name, Directors name, Cast
(complete), Production Year, Country (Where content was produced), Language,
Subtitled in, Describe Your Film in 25-Word Synopsis, Screenings (List exact
festival name), Awards, Film Type, Genre, Audience.
Rights
& Clearances
With
your application, you must submit written proof of the following:
Music:
Yes, I have the rights to all the music used in my film.
Actors'
Agreements: Yes, I have signed agreements from all the actors who appear in my
film.
Logos
& Trademarks: Yes, I have permission to use all logos, trademarks and
copyrighted materials shown in my film.
Producer
Contact Information
Name:
Company:
Phone:
Email:
Website:
Address
1:
Address
2:
City:
State/Province/ZIP:
Country:
A
signed and dated copy of our licensing agreement and user agreement (see
Appendix below) has to accompany your application.
Unfortunately,
we cannot license your content if it contains any unlicensed elements. We may
request a notarized letter properly identifying the producer as applicant,
verifying all rights clearances and verifying the content you are submitting.
Send
your package to:
Filmbay
Ltd.
Attn:
Licensing
312-2155
Burnhamthorpe Rd. W
Mississauga,
ON
L5L
5P4
Canada
Packages
and all its content will not be returned. It is your responsibility to ensure
safe and secure shipment of your package to us - use registered postal mail, or
a courier, FedEx for example. Filmbay assumes no responsibility for lost or
damaged packages.
Licensing
Agreement
LICENSING
AGREEMENT
BETWEEN
the "Producer"
____________________________________________________________________
(Name of person or organization)
(Full
mailing address)
_______________________________________________________________________
(Phone)
_________________________(fax) _____________________(email)
________________________
(Title
of content) _____________________________________________________________________________
AND:
Filmbay.com ("Filmbay"), a division of Filmbay Ltd.,
Suite 312, 2155
Burnhamthorpe Rd. W, ON, Canada L5L 5P4
The
Producer guarantees that he or she has copyright to the "Content" (film, music,
book, e-book, manuscript, work of art or other document) by virtue of being the
creator and/or license from the copyright owner, and will temporarily transfer
copyright to the Content for the duration of this agreement. The Producer is
agreeing to hire Filmbay to provide the Filmbay Online Service for independent
Producers. This service makes the Content available for retail sales to the
public by combining conventional online sales, Internet publicity and
retailing. Specific features of this service vary according to the Producers
selection between sales option packages offered.
The
Producer selects one package:
-
the Option 1 - Filmbay on-demand (Fulfill all orders yourself) package for $279
plus GST; applicable fees extra;
Or
-
the Option 2a - Filmbay on-demand* (Filmbay fulfills all orders) package for
$475 plus GST; applicable fees extra;
Check
if applicable, and insert surcharge fee amount:
-
the "Option 2b" Filmbay on-demand SPLIT* (Fulfill orders yourself and
Filmbay partially fulfills orders) package for $345 plus GST. Specify which
regions you want Filmbay to fulfill orders:
-
North America
-
South America
-
Europe
-
Africa
-
Asia
-
Australia
-
Specific countries Only (specify):
*Please
see Appendix A for more details on Option 2a and 2b packages.
Filmbay
will provide such other retail sales services as may be required by the
Producer at a mutually agreed price. Filmbay will perform these tasks (both
packages):