Transcript Diapositiva 1

LL.M. in Intellectual Property 2006
Università degli Studi di Torino - WIPO
Content Licenses
for the new media
Avv. Daniela De Pasquale
Licensing for the new media
From free to fee
Convergence between
Information Technology
Media
Telecommunications
New products
New subjects
New business models
New contents
New environments
Internet – Mobile Phones:
- Music
- Videogames
- Television programs
- Information
- e/audio book
Digital Market:
Value Chain
Artist
Right holder
/
Content
Provider
Platform
End user
From the side of the
right holder /content provider
Interests:
Extend business opportunities as much as possible
- By conferring rights of exploitation of the services to many
subjects
Set limits to
- Duration of the license
- Use of rights (downloading and/or streaming)
- Platform
- Territory
Keep record of such use (technical measures)
Avoid grey areas as to the means of exploitation of
rights (i.e. internet or mobile)
From the side of the
platform/intermediary
Interests at odds:
Obtain an exclusive license
Avoid limits to
- Duration of the license
- Use of rights (downloading and/or streaming)
- Territory
Exploit the rights through the means of the business
models adopted (i.e. internet and mobile)
From the side of the final user
Interoperability:
Consumers want to access and use the content easily
through any one of the devices which they own – be that
a mobile phone, a portable player, PC or home
entertainment systems or TV, or a games platform...
Step no. 1
Which is the most relevant problem to face?
?
Qualification of rights
identification of the rights - and the relevant holder/s to be procured in order to realize the model of business
Which rights?
In order to implement the model of business
the subject (content provider/platform owner) needs
to procure the following rights:
reproduction right
License of
communication to the public
making available to the public right
Further rights for music?
In order to implement the model of business the subject may
need to procure also the following rights:
reproduction right
License of
communication to the public
making available to the public right
by the holder of the neighbouring right
(i.e. Phonogram producer and Performer of the artistic works)
Step no. 2:
which subjects?
- Author
- Right holder
- Content provider
Which other subjects?
The final users
User-generated contents (UGC)
From traditional media
producers such as
broadcasters and
production companies to
on-line content that
is produced by users
of websites
Democratisation of media production through new technologies
accessible and affordable, creating the facilities and framework for
non-media professionals to publish their own content in prominent places.
Examples of UGC include digital video, blogging, podcasting, mobile phone
photography.
Which other subjects?
User-Generated Contents (UGC)
containing open content enabling
other users to re-use and remix the
video or other content (i.e. YouTube)
Distinction between
UGC websites
monetizing the UGC:
i.e.
Revver,
which
attaches
advertising to user-submitted video
clips and shares all ad revenue 50/50
with the creators.
Which subjects?
Management of rights
Copyright management organisations (CMOs) or
collecting societies may play an important role in the
granting of rights for the Internet music stores.
CMOs control use of protected content by granting
licenses, negotiating with users, collecting remuneration
and redistributing it to the individual rights holders.
Which subjects?
Management of rights
From the users’ viewpoint
collecting societies have a key
position in the licensing of
certain rights in so far as they
provide access to a global
catalogue of rights.
(one-stop-shop of licensing)
From the right holders viewpoint
Collective management also allows
particular right holders, within a less
lucrative or niche market, or who do
not dispose of sufficient bargaining
power, to manage their rights
efficiently.
The degree of public regulation of CMOs varies significantly
across different jurisdictions, and covers matters such as the
functioning of the societies, control of tariffs (including their
determination in cases of conflict) and licensing conditions..
Crossborder management of copyright
and related rights
Managing IP rights globally continues to be a major challenge for
content providers and distributors.
Major issues:
Transactional costs
Territoriality
The European Commission has adopted the 2005/737/EC
Recommendation on the management of online rights in musical works
putting forward measures for improving the EU-wide licensing of
copyright for online services.
Step no. 3
How to secure the rights?
Digital Rights Management (DRM)
digital data
Technologies used by publishers
or copyright owners to control
access to and usage of
(i.e. software, music, movies)
hardware
DRMs help enforcing legal tools including license agreement,
copyright notices, registration, and EU and international copyright
laws (artt. 11-12 WCT, 18-19 WPPT)
Step no. 4: How to remunerate
the right holder and the content provider?
on a percentage on revenues basis
Remuneration
can be:
on a forfeit basis
How to remunerate
the platform?
A-la-carte download
tracks can be selected and downloaded on the spot
Tracks are transferable to portable devices and can be burned onto disk
Subscription services
very wide choice of music for a monthly fee, allowing users to access
all the music they want with the option to purchase selected tracks.
Tracks are transferable to portable players for as long as the consumer
remains a subscriber (2.8 million users worldwide)
Case study:
Digital Music Market
Digital Music Market in 2005 = $1.1bn
- 300% growth since 2004
- Over 330 digital music stores in over 25 countries world wide
New business models emerged, portable subscription, legitimate P2P,
converged on-line and mobile services, advertising supported
ondemand entertainment
New models of business / retail interfaces
online music stores of the Phonogram Producers,
intermediary online music stores (i.e. iTunes, Napster),
ISPs and content portals,
mobile content suppliers,
direct sale of music from the artist to consumers
(disintermediation from artist to user)
Upload of a file on a server
(reproduction)
Put the content on the internet
(right of making available to the public)
DOWNLOADING
(reproduction right)
STREAMING
(temporary reproduction)
Asking for acceptance of access condition (ACCESSIBILITY)
Use of technological measures and/or DRM
Streaming Technology
As far as Streaming Technology is concerned:
WEBCASTING:
exclusive
broadcasting through
the web
SIMULCASTING:
Simultaneous
retransmission
via the WEB
What is the major issue compared to broadcasting?
TERRITORY
Mobile contents
Content-based data services:
•
•
•
•
•
Music
Wallpapers
Games
Dedications
Stream videos
• Television Programmes
• Entertainment-based educational contents
(“edutainment”)
• News
• Transport information
• Adult entertainment
Avantages to the end user?
- Purchase on the go in any location
- Choose the content on a on-demand basis
- One device for playing and purchasing
- Payment via mobile bill
Right holders
Old style ringtones:
MELODY (authors)
New ringtones
- Miniature and compression
technology
(so called “true tones”):
- highest quality
Ringback tones
- TRACK perfectly reproduced
(phonogram producers/ performers)
Right holders: author and
owners of neighbouring rights
New legal Framework
From the Television without Frontieres Directive to the
European Audiovisual Media Service Directive
The new directive will extend the “country of origin” principle to nonlinear (on-demand) audiovisual services (in particular video on demand).
A minimum set of common
rules across Europe (i.e. on
television
advertising, production of
audiovisual programmes,
protection of minors...)
the audiovisual media service
providers to offer audiovisual
content complying with the laws of
their own Member State for reception
in other Member States, without
having to vary this content to
comply with the laws of each
Member State concerned.
Contact:
Avv. Daniela De Pasquale
[email protected]
La Scala & Associati
Corso Magenta 42
20123 Milano