GENERAL LICENSE TERMS FOR THE EXPLOITATION OF ARCHIVAL FOOTAGE
Version 2026-04-v1 — Effective: April 2026
The French version shall prevail in case of discrepancy.
Article 1 — Definitions
In these General License Terms (hereinafter “GLT”), the following terms shall have the meanings set forth below:
“Platform” means the online service Arkana, accessible at arkana.film, operated by the Company.
“Company” means AD’eBe NETWORKS, registered under SIRET number 43266171800044, with its registered office at 33 avenue Philippe Auguste, Paris, France, operating the Platform under the Arkana brand.
“Rights Owner” means any natural or legal person holding the exploitation rights over a body of archival footage made available on the Platform, whether the Company itself (own fund) or a third party having entered into a distribution agreement with the Company.
“Fund” or “Collection” means a coherent body of archival footage identified on the Platform under a commercial name (e.g., “Ark Pathé 9.5”).
“Footage” means any archival audiovisual content (film, video, moving image) made available on the Platform in the form of individually identified Scenes.
“Scene” means a unit of Footage individually identified by a unique reference number (format ARK-XXX-NNN-SNN), corresponding to a thematically coherent segment.
“Licensee” means any natural or legal person who acquires a License to exploit Scenes through the Platform.
“License” means the non-exclusive right to exploit one or more Scenes granted to the Licensee, subject to the conditions and limitations set forth in these GLT and the Rights Certificate.
“Rights Certificate” or “Certificate” means the PDF document automatically generated by the Platform after payment, certifying the grant of exploitation rights over the identified Scenes, for the benefit of the Licensee, for the declared Production.
“Production” means the audiovisual work declared by the Licensee at the time of ordering (title, format, distribution type), for which the License is granted.
“Order” means the purchase of one or more Licenses by the Licensee through the Platform, identified by a unique number (format ARK-AAMM-NNNN).
Article 2 — Purpose
These GLT define the conditions under which the Company, acting in its own name or as authorized distributor on behalf of third-party Rights Owners, grants the Licensee a non-exclusive License to exploit archival footage Scenes.
The License covers exclusively the exploitation rights over the Scenes as identified in the Rights Certificate. It does not constitute a transfer of ownership of the Footage, which remains the property of the Rights Owner.
Article 3 — Acceptance
Any Order placed on the Platform implies full and unreserved acceptance of these GLT by the Licensee. The Licensee acknowledges having read these GLT prior to validating their Order.
These GLT are available at all times on the Platform at arkana.film/terms and can be downloaded in PDF format.
The Company reserves the right to amend these GLT. The applicable GLT are those in force at the date of the Order. Amendments do not affect Licenses already granted.
Article 4 — Capacity of the Company
The Company acts:
a) In its own name when the Scenes originate from a Fund of which it is the Rights Owner;
b) As authorized distributor when the Scenes originate from a Fund belonging to a third party that has entered into a distribution agreement granting the Company sublicensing rights.
In both cases, the Company is the Licensee’s sole point of contact. The Rights Certificate identifies the relevant Rights Owner(s) for informational purposes.
Article 5 — Production declaration
5.1 Prior to any Order, the Licensee is required to declare the Production for which the Scenes are intended, providing at minimum:
- the project title (or working title);
- the nature or format of the Production (documentary, fiction, commercial, corporate, web, short film, other);
- the intended distribution type(s) (broadcast TV, streaming/OTT, theatrical, web, social media, internal/corporate, festival).
5.2 The Licensee may optionally indicate the intended broadcaster and the director’s name.
5.3 The Production declaration constitutes a binding commitment by the Licensee. Any use of the Scenes in a Production other than the one declared constitutes a License violation and engages the Licensee’s liability under Article 13.
5.4 In case of material changes to the declared Production (final title change, format change, extension to a new undeclared distribution type), the Licensee is encouraged to notify the Company by email at support@arkana.film. Such notification does not give rise to additional charges, unless the change requires an upgrade to a higher license type.
5.5 The Company does not verify the accuracy or consistency of the Production declaration. The Licensee is solely responsible for the accuracy of the information provided.
Article 6 — Scope of the License
6.1 Type. The License is non-exclusive. The Footage remains available for other licensees.
6.2 Territory. Unless otherwise stated on the Rights Certificate, the License is granted worldwide.
6.3 Duration. Unless otherwise stated on the Rights Certificate, the License is perpetual. It may however be terminated under the conditions of Article 13.
6.4 Permitted uses. The Licensee is authorized to use the Scenes exclusively within the declared Production, for all media and formats (broadcast, streaming, theatrical, web, mobile, social media), subject to the restrictions in Article 7.
6.5 Modifications. The Licensee is authorized to edit, cut, color-grade, slow down, speed up and integrate the Scenes into the Production. The Scenes may not be altered in a manner that infringes on the dignity of the persons depicted or constitutes defamatory or misleading use.
Article 7 — Restrictions
The Licensee expressly agrees not to:
a) Use the Scenes outside the declared Production — any use in an undeclared project requires the acquisition of a new License;
b) Resell, sublicense or redistribute the Scenes on a standalone basis — the Scenes may only be commercially exploited when incorporated into the Production, as a minor component of an original work;
c) Make the Scenes available to third parties as source files, including within the Licensee’s organization beyond the production team directly involved in the Production;
d) Use the Scenes for artificial intelligence training, machine learning, or as input data in any automated content generation system;
e) Use the Scenes in a pornographic, defamatory, discriminatory or unlawful context;
f) Claim authorship or original creation of the Footage — the Licensee acknowledges that the Footage is a pre-existing work for which only limited exploitation rights are acquired;
g) Remove or alter metadata that may be embedded in the delivered files;
h) Incorporate the Scenes into a logo, trademark, visual identity or template intended for resale.
Article 8 — Mandatory credit
8.1 The Licensee undertakes to include in the credits of the Production the credit line as indicated on the Rights Certificate (section “Mandatory credits”).
8.2 The credit must appear in the end credits of the Production, in a size and duration comparable to other footage or archive source credits.
8.3 For web or social media distribution where the Production has no end credits, the credit must appear in the description or metadata accompanying the publication.
8.4 Failure to include the credit does not in itself constitute grounds for License termination, but the Company or the Rights Owner reserve the right to request the Licensee to remedy the omission within a reasonable timeframe.
Article 9 — Order and payment
9.1 Contract formation. The Order is formed when the Licensee validates payment through the payment processor Stripe. Payment validation triggers the generation of the Rights Certificate and the delivery of high-definition files.
9.2 Pricing. Scene prices are displayed in euros excluding tax (HT) on the Platform. Applicable VAT is calculated automatically by Stripe Tax based on the Licensee’s location and applicable regulations.
9.3 Invoicing. A compliant invoice is generated by Stripe and made available to the Licensee in their personal space.
9.4 No right of withdrawal. The Licensee acknowledges that the supply of digital content not supplied on a tangible medium, the performance of which begins with the Licensee’s express consent, excludes the right of withdrawal pursuant to Article L.221-28 of the French Consumer Code. By validating the Order, the Licensee expressly consents to immediate performance.
Article 10 — Delivery
10.1 After payment validation, the Scenes are made available to the Licensee for download from their personal space on the Platform (The Greenlight).
10.2 The Rights Certificate is automatically generated and made available in PDF format in the Licensee’s personal space. It is also sent by email.
10.3 The Licensee is required to retain the Rights Certificate, which constitutes proof of the License granted.
10.4 After integrating the Scenes into the Production, the Licensee agrees to delete the Scene source files from their storage media. The Licensee may however retain a backup copy reasonably necessary for the maintenance of the Production.
Article 11 — Intellectual property
11.1 The Footage is and remains the exclusive property of the Rights Owner. The License does not confer any ownership rights on the Footage to the Licensee.
11.2 The Platform, its design, features, brand, logo and all editorial content are the exclusive property of the Company.
11.3 The Licensee is solely responsible for obtaining any additional authorization that may be necessary due to the content of the Scenes, including:
- image rights of identifiable persons;
- property rights of identifiable assets;
- copyright on works appearing in the Footage (music, artworks, protected architecture, etc.);
- trademark rights for visible logos or brands.
11.4 The Company does not warrant that the Scenes are free from any third-party rights. The Rights Certificate covers exclusively the exploitation rights of the Footage as such, and not the rights relating to elements depicted in the Footage.
Article 12 — Warranty
12.1 The Company warrants that it holds the necessary rights to grant the License, either as Rights Owner or under a valid distribution agreement.
12.2 The Company warrants that, to its knowledge at the date of the Order, the Footage subject to the License is not the subject of any pending or imminent infringement claim or action.
12.3 The Company’s warranty is strictly limited to a refund of the License fee in case of a proven breach of any of the above warranties. Under no circumstances shall the Company be liable for indirect damages, loss of profits, loss of contracts or reputational harm suffered by the Licensee.
12.4 The Company’s total liability under these GLT shall not exceed the total amount (excluding tax) of the relevant Order.
12.5 The Footage is provided “as is.” The Company does not warrant that the Footage is suitable for any particular purpose of the Licensee, or that its technical quality (resolution, stability, color) meets the Licensee’s expectations. The Licensee is responsible for reviewing the previews available on the Platform prior to any Order.
Article 13 — Breach and termination
13.1 In case of breach by the Licensee of any obligation under these GLT, and in particular Articles 5, 7 and 8, the Company may, after formal notice remaining without effect for fifteen (15) calendar days:
a) Terminate the License by operation of law, without compensation to the Licensee;
b) Require the Licensee to immediately remove the Scenes from the Production and all distribution channels;
c) Claim damages from the Licensee for the loss suffered.
13.2 In case of breach of the restrictions in Article 7, paragraphs (b), (c) or (d), the Company reserves the right to terminate the License without prior formal notice.
13.3 Termination of the License does not release the Licensee from its payment obligations for past Orders.
Article 14 — Indemnification
The Licensee agrees to indemnify and hold harmless the Company, the Rights Owner, and their respective officers, employees and representatives, from and against any claim, action, damage, cost or expense (including reasonable attorney’s fees) arising directly or indirectly from:
a) The Licensee’s use of the Scenes in violation of these GLT;
b) The Licensee’s use of the Scenes in a context requiring additional authorizations that the Licensee has not obtained (image rights, property rights, third-party copyrights);
c) Any inaccurate declaration by the Licensee under Article 5.
Article 15 — Personal data
15.1 The Company collects and processes the Licensee’s personal data (name, email, company name, address, order history, Production declarations) for the purpose of performing the License agreement and managing the commercial relationship.
15.2 Personal data processing is carried out in accordance with Regulation (EU) 2016/679 (GDPR). The privacy policy is available at arkana.film/privacy.
15.3 The Licensee’s data may be communicated to the Rights Owner to the extent strictly necessary for the performance of the License agreement (in particular for credit verification and monitoring of authorized uses).
15.4 The Licensee has rights of access, rectification, erasure, portability and objection to the processing of their personal data, which may be exercised at privacy@arkana.film.
Article 16 — Verification and audit
16.1 The Company may request the Licensee to provide, within a reasonable timeframe, a copy or access to the Production in order to verify compliance with the License conditions.
16.2 Where access to the Production is restricted (limited distribution, paywall), the Licensee agrees to facilitate access to the Company upon reasoned request.
Article 17 — Force majeure
Neither party shall be held liable for failure to perform its obligations if such failure results from a force majeure event as defined by Article 1218 of the French Civil Code.
Article 18 — Governing law and jurisdiction
18.1 These GLT are governed by French law.
18.2 Any dispute relating to the interpretation or performance of these GLT shall be submitted to the exclusive jurisdiction of the courts of Paris, unless mandatory legal provisions provide otherwise.
Article 19 — Miscellaneous
19.1 Entire agreement. These GLT, the Rights Certificate and the Order constitute the entire agreement between the parties. They supersede all prior agreements, written or oral, relating to the same subject matter.
19.2 Severability. If any provision of these GLT is declared null or unenforceable, the remaining provisions shall remain in full force and effect.
19.3 Waiver. The Company’s failure to exercise any right under these GLT shall not constitute a waiver of such right.
19.4 Assignment. The Licensee may not assign the License or the rights and obligations arising from these GLT without the Company’s prior written consent. The Company may freely assign these GLT to any successor or assignee of its business.
AD’eBe NETWORKS — arkana.film — support@arkana.film