# Codec patent licensing review

Prepared 7 August 2026. This is a risk and contact register, not a patent
clearance opinion. Patent scope, validity, exhaustion, territorial coverage,
pool completeness, open-source redistribution, and actual royalties require
written determinations from qualified patent counsel and the licensors.

## Product facts to disclose to every reviewer/licensor

- Paid downloadable Windows x64 end-user software, with seller identity,
  territories, price, unit forecast, affiliates, and first-sale date to be
  supplied before requesting terms.
- Bundles FFmpeg and codec implementations rather than relying solely on the
  operating system. It can decode, encode boundary GOPs, and optionally perform
  full transcodes. Hardware acceleration may use NVIDIA, Intel, or AMD drivers.
- Recipients receive GPL source and may redistribute modified or unmodified
  copies. Any proposed patent agreement must be reviewed for restrictions that
  would conflict with GPL section 7 or Qt LGPL obligations.

## Priority programmes

| Technology | SmartCut64 exposure | Current official indication | Required action before sale |
| --- | --- | --- | --- |
| AVC/H.264 | Bundled decode, software boundary encode, optional hardware full transcode, packet-copy/remux | Via LA expressly lists media-player and other PC software. Its published schedule currently shows no per-unit fee for the first 100,000 units for one legal entity, but the signed agreement is definitive. | Request written classification and agreement/confirmation from Via LA; provide entity, affiliates, territories, price, annual units, download model, GPL redistribution, and both encoder/decoder functionality. |
| HEVC/H.265 | Bundled Main/Main10 and high-chroma decode, x265 boundary encode, optional hardware full transcode, Dolby Vision/HDR carriage | Access Advance states that sellers of products with HEVC encode/decode most likely need a licence and that its programme covers software. VCL Advance, now an Access Advance subsidiary, also administers an HEVC/VVC portfolio programme. | Ask Access Advance in one written submission which HEVC Advance and/or VCL Advance agreements apply, whether either covers all relevant affiliated pools, and whether further bilateral/pool licences are expected. Obtain counsel review of all agreements. |
| AAC | Bundled decode and selectable AAC output transcode | Via LA states that manufacturers or developers of end-user AAC encoder/decoder products need a patent licence and publishes per-unit rates beginning with the first unit. | Request written classification and current terms from Via LA, including treatment of multichannel products, free trials, updates, GPL redistribution, and units sold through multiple stores. |

Published rates are not relied on as clearance because programmes and terms can
change, multiple pools or bilateral rights may exist, and the executed licence
is controlling.

## Additional counsel work

Review MPEG-2 Video/Systems, MPEG-4 Visual, MP2/MP3, AC-3/E-AC-3/TrueHD and
Dolby metadata, DTS/DTS-HD, AV1, VP9, Blu-ray/M2TS terminology, and any
jurisdiction-specific software-patent exposure. Confirm whether mere packet
copy/remux, decoding, boundary-only encoding, and optional driver-backed encode
change the analysis.

## Contact submission template

Subject: Patent-licence classification request — SmartCut64 Windows software

> We propose to distribute paid Windows x64 end-user video-editing software.
> It bundles open-source FFmpeg codec libraries, provides [decode/encode list],
> and is distributed under GPL-3.0-or-later with source and unrestricted GPL
> redistribution rights. The selling legal entity is [entity], affiliates are
> [list], intended territories are [list], price is [amount], and forecast
> annual paid/free units are [counts]. Please confirm in writing which licence
> programme and product category apply, reporting treatment for downloads,
> trials, updates and redistributed GPL copies, current rates/caps, effective
> dates, and whether the offered licence covers all patents administered by
> your related programmes relevant to this product.

Current programme contacts and source pages:

- Via LA AVC/H.264: <https://www.via-la.com/licensing-programs/avc-h-264/>
  (`info@via-la.com`)
- Via LA AAC: <https://www.via-la.com/licensing-programs/aac/>
  (`info@via-la.com`)
- Access Advance HEVC: <https://accessadvance.com/>
- VCL Advance HEVC/VVC: <https://via-la.com/licensing-programs/hevc-vvc/>
  (`VCLAdvance@accessadvance.com`)

Do not accept or sign terms, publish the product, or quote a royalty estimate
until counsel has reviewed the actual agreements against the intended
territories and GPL/LGPL distribution model.
