SlideShare uma empresa Scribd logo
1 de 36
2011 DIGITAL TRENDS & LICENSING ISSUES
       Licensing Executive Society Los Angeles
                   February 24, 2011

                  James C. Roberts III

           GLOBAL CAPITAL LAW GROUP           PC




        GLOBAL CAPITAL STRATEGIC GROUP




              LOS ANGELES | BOULDER | MILAN
TABLE OF CONTENTS


I.   Introduction
II.  The Digital Context and Some Legal &
     ―Cultural‖ Issues
III. Some Digital Trends & Their Licensing
     Implications

                                         GLOBALCAPITAL
PART I. INTRODUCTION


1. Who We Are and Are Not.
2. The Digital Trends.
3. The Basic Licensing & Legal Issues.



                                         GLOBALCAPITAL
INTRO: WHO WE ARE & ARE NOT.
• Global Capital Group has two entities:
   –   Corporate, transactional & IP:
             Global Capital Law Group PC
   –   Strategic consulting:
             Global Capital Strategies
• We don’t have lunch with Gwyneth Paltrow.

  Internet technology and content and advanced
      technology: ―Beyond the bleeding edge.‖
                                              GLOBALCAPITAL
THE TRENDS.
1.   True Convergence?
2.   Scaring Telcos: Social Networks & VoIP
3.   Scaring Cable: NetFlix + Smartphones
4.   ―I Like Buttons‖ & Metrics
5.   Can You Say ―Mobile Apps?‖
6.   Angel Funding & Lean Startups
7.   IP Is Truly Global—and Getting More So.
8.   Additive Manufacturing
9.   Canaletto, Brueghel, Reubens, Polar Express & Tron
                                                    GLOBALCAPITAL
THE LICENSING ISSUES.
1. Is the scope of existing licenses adequate?
2. Controlling platforms in new licenses
3. Representations & warranties for international and for
   due diligence
4. Are the legal rules re: Derivative Works up to the
   task?
5. Rights to data & datastreams
6. ―Reputation management‖ and libel & defamation

                                                  GLOBALCAPITAL
PART II. THE DIGITAL CONTEXT


1. The ―Mindset‖
2. Hollywood’s Different Legal Culture
3. Legal Issues



                                         GLOBALCAPITAL
TRICK QUESTIONS.

1. When you see the word ―mobile,‖ what do you
   see?     Cellphone
2. When you think of mobile IP rights, what do
   you see?        Mobile distribution of existing TV
   shows.
3. A mobile deal?        Digital content license with a
   network/studio and a telco.
                                                 GLOBALCAPITAL
TRICK ANSWERS.
1. Mobile as the ―platform of choice.‖ Smartphones,
   MVD’s, Netbooks and tablets—i.e., Internet access
   (rather than only phone system access).
2. Hollywood culture: Long-form v. short-form major
   controversy.
3. All kinds of mobile deals: M&A, technology,
   regulatory, etc.—complicated ecosystem of
   stakeholders.
                                               GLOBALCAPITAL
NEW (& IMPROVED) REVENUE SOURCES.

1. The obvious:
   – Mobile ads:            screen-size issues; splits?
   – Mobile video:          promising (complicated dev)
   – Mobile search:         not bad
2. The emerging:
   – Datastreams: of what type?
   – Ecommerce: Amazon but also App Stores
   – Pre-rolls, etc.:   excellent now but unpopular

                  Revenue splits are the main model   GLOBALCAPITAL
WHERE’S WALDO?
RIGHTS. Company automatically and irrevocably shall own and be vested with, and Vendor
automatically and irrevocably shall be deemed to have granted, conveyed, assigned, transferred and set
over to Company, all right, title and interest in and to the Work, including without limitation any and
all copyrights therein and thereto (and all renewals, extensions, restorations and resuscitations thereof)
and any and all rights now known and used, under any and all such copyrights in perpetuity (but in any
event for not less than the period of copyright and any and all renewals, extensions, restorations and
resuscitations thereof), in any and all languages and in any and all media now known and used, now
known and hereafter used, or hereafter known or devised and used for the entire universe
(collectively, the "Rights"). Without limiting the generality of the foregoing, the "Rights" shall in any
and all events include, without limitation, all right, title and interest in and to the following: (i) the sole
and exclusive Motion Picture rights, including, without limitation, the sole and exclusive right to
produce one (1) or more Motion Pictures or other derivative works (including, without limitation,
sequels, prequels, remakes, musicals and/or serials) based, in whole or in part, on the Work and the
right to fix, reproduce, release, distribute, exhibit, perform, transmit, broadcast, advertise, promote
and otherwise exploit such Motion Pictures or other derivative works by any and all means and in
any and all media whether now known and used now known and hereafter used, or hereafter
known or devised and used, including, without limitation, all of the following: theatrical; non-
theatrical (including airlines, ships and other carriers, military, educational, industrial and the like); pay-
per-view; home video (including video-cassettes, digital videodiscs, laserdiscs, CD-ROMs, video-on-
demand; near video-on-demand and all other formats); all forms of television (including pay, free,
network, syndication, cable, satellite, high definition and digital): subscription-on-demand;


                                                                                                 GLOBALCAPITAL
WALDO (cont’d).
all forms of digital or on-line exploitation, distribution and/or transmission (including,
without limitation, the internet), CD-ROMs, fiber optic or other exhibition, broadcast and/or
delivery systems and/or computerized or computer-assisted media; all rights of
communication to the public, rights of distribution to the public, rights of making available
or other forms of public or private communication and/or distribution; and all forms of
dissemination, communication or distribution to one or more locations or parties, whether
embodied or transmitted utilizing analog, digital or other formats; (ii) all ancillary, incidental
and subsidiary rights including, without limitation, all merchandising, (e.g., games, computer, video
and other electronic games, toys, comic books, so-called "making of books," apparel, food, beverages,
posters, and other commodities, services or items), commercial tie-ins, co-promotions, music, music
publishing, soundtrack, photonovel, novelization, screenplay publication, interactive media, multi-
media, and theme park (or other "themed" or location-based attraction) rights in and to the Work; (iii)
the right to make or publish excerpts, synopses or summaries of the Work for purposes of advertising,
publicizing or exploiting the foregoing rights in and to the Work; (iii) the exclusive right to publish the
Work or excerpts therefrom and (iv) the exclusive right to use the title or titles by which the Work
may be now or hereafter known, or any components of any such title or titles (a) as the title of Motion
Pictures and/or in connection with the advertising, marketing, publicity, promotion and other
exploitation thereof, whether such Motion Pictures are based wholly or partially upon the Property or
are independent of the Work, (b) in connection with songs, musical compositions, music or lyrics
and/or phonorecords, whether or not included in any such Motion Pictures, and (c) in connection
with the publication, recordation, performance, and any other use whatsoever of the foregoing items.


                                                                                             GLOBALCAPITAL
SO WHAT?
Traditional Approach: Push it to the audience. Does the
license grant cover ―Pull‖ or social networking, mash-ups,
etc.? Lean back/lean forward?
Exploit the Work:
    •   Includes right to edit, trailers, mobisodes?
Digital transmission:
    •   Interactivity? Mobile rights? Derivative works?
Universe:
    •   Defined term?
                                                          GLOBALCAPITAL
SO WHAT (cont’d)?
1. Overreaching?
    –   Enforceable in the EU?
2. Where is mobile mentioned?
    –   Does that mean ―not contemplated?‖
    –   No ―pull,‖ no UGC, no alerts, no ―lateral‖ dissemination by User?
3. Tricky application of Rule of Ejusdem Generis:
    –   General statements apply to same class of things or only things listed. ―Cars, trucks,
        motorcycles‖ = land-based vehicles so planes and boats are excluded.
    –   The longer the list the more likely that missing items were intentionally omitted.
    –   Courts do not limit application to statutes.
4. Agreements as guidance for non-lawyers. Can you
   imagine them figuring this paragraph out?

         This is analysis, not criticism, of the Hollywood approach                   GLOBALCAPITAL
QUICK TRICKS.
1. Scope of license: Does it cover new platforms and new
   forms of ―engagement,‖ e.g., interactivity, social
   networking, peer-to-peer, mobile, ―complete‖
   convergence?
2. Limitations of other licenses: The ―Border Effect.‖ Is it
   licensed in foreign markets (through other agreements)?
3. Who owns user/audience data?
4. Reps & warranties: Can they say they control?
5. Revenue: With whom is it shared?
6. Indemnification: Huge risk? (Claims may be brought in
   foreign jurisdictions)
                                                    GLOBALCAPITAL
LEGAL RISKS: LICENSE SCOPE.
Does the scope of license grant rights sufficient for
commercialization (and valuation)?
1.   Platforms specified? Interactivity? ―Mash-ups‖ w/in broadcast rights
     (―push‖ v. ―pull‖).
2.   Term (and beyond)? Use in between broadcast ―day and date(s)‖?
3.   Right of sublicense (necessary if to Users).
4.   What else is being licensed?
5.   Does the content include or generate data/datastreams. Internet
     exploitation enables accumulating—and mining and monetizing—
     vast amounts of granular data.
6.   Rely upon rights in technology (often covered by different
     agreements)?
                                                                GLOBALCAPITAL
LEGAL RISKS: REPS & WARRANTIES.
Can they legitimately say the following?
    (a) Ownership or Control. Licensor owns or has been licensed all
        rights necessary to effectuate the terms of this Agreement.

    (b) No Violation of Third Party Rights & Applicable Laws. The
        execution, delivery and performance of this Agreement will
        not violate rights granted by xxxxxxx to any third party or
        violate the provisions of any agreement to which it is a
        party or violate any applicable law or regulation, including
        those regarding export control; and
New risks for technology based on ―Open Source.‖
                                                           GLOBALCAPITAL
LEGAL RISKS: INDEMNIFICATION.
Indemnification shifts future risks.
    •   Who assumes the risks going forward?
        •   Infringement
        •   Third-party claims
    •   Non-American jurisdictions may assert their authority.
        (EU privacy laws; jurisdiction based on ―country of
        access‖; infringement claims)



                                                          GLOBALCAPITAL
PART III.
    THE TRENDS & THEIR IMPLICATIONS
•    True Convergence
•    Scaring Telcos Cable Cos
•    ―I Like Buttons‖ & Metrics
•    Mobile is Everything
•    Angel Funding & Lean Startups
•    Truly Global IP
•    Additive Manufacturing
•    Canaletto, Brueghel, Reubens, Polar Express & Tron
                                                GLOBALCAPITAL
TRUE CONVERGENCE
     Any content anywhere any platform anytime any
                  interaction any sharing

•   Viable business models: Hulu.com, Netflix and iTunes
•   ESPN is now providing premium online access to its cable
    subscribers
•   Internet-ready TVs and these services:
       Google TV
       AppleTV
       Rovi
       Boxee

                                                     GLOBALCAPITAL
TRUE CONVERGENCE LICENSING ISSUES
• Cross-platform rights in underlying license?
   •   If your Programming Matrix brought you to Internet-
       sourced content, is watching it—or displaying it—a
       violation of a territorial license? Does the underlying
       license enable ―TV broadcast?‖
• Streaming v. Downloading
   •   Has watermarking’s time arrived?
• Rights in the Marks?
• Is there a greater risk of ―Derivative Works?‖

                                                       GLOBALCAPITAL
SCARING TELCOS & CABLE
• Mobile users employ VoIP for calls and (free)
  WiFi in lieu of data plans.
   • Phone systems as utilities; access as a commodity.
• 300,000 cable subscribers cancelled:
   • Netflix for movies, Hulu for TV
   • Netflix = >~20% of night-time Internet traffic

                                                GLOBALCAPITAL
TELCO/CABLE SCARE LICENSING ISSUES
Largely indirect effects
   – Minimum audience numbers and ―makegoods‖
Increased possibility of infringing use:
   – >600,000,000 Facebook Users




                                           GLOBALCAPITAL
―I LIKE‖ BUTTONS & METRICS
―I Like‖ Buttons are an example of cross-network
links.
   • Similar to Facebook/Twitter symbols to post
     (―hypersyndication‖)
Links cause huge traffic spikes and, potentially,
huge increases in audience data.
   • Advertisers aren’t in it for the money.
                                               GLOBALCAPITAL
―I LIKE‖ LICENSING ISSUES
• ―Cross linking‖ and hypersyndication increase
  scope for IP policing and increase infringement
  risks.
• Who owns the audience metrics?
   • Potential for merely ―access‖ or ―aggregate‖ data?



                                                 GLOBALCAPITAL
MOBILE IS (AND WILL BE) EVERYTHING
• ~5,000,000,000 mobile phones
   – ~1.1B with Web access
   – ~2-3B with SMS capabilities
• <~1,000,000,000 PCs
• By 9/1/10: 6,500,000,000 downloads from the
  Apple App Store

                                        GLOBALCAPITAL
MOBILE LICENSING ISSUES
1. App Dev—Open Source components:
   •   Reps & warranties
   •   Ongoing obligations?
   •   Breaches (attribution, © in the code, etc.)
   •   Violation of patents (software & process)
2. App Use—Capturing content (ltd Fair Use?)
   •   © and ™ violations
   •   Derivative Works
                                                     GLOBALCAPITAL
ANGELS & LEAN STARTUPS
Startup development is down from $5m and 2 yrs
to $50K and 2 mos.
  • VCs love it because enables POC and customers.
―Lean Startup‖ Movement fits right in.
  • ―MVP‖ (Minimally Viable Product) model
  • ―Vibefeelr‖ done in four months

                                             GLOBALCAPITAL
ANGEL FUNDING LICENSING ISSUES
Chronic pricing pressure for legal work now even
greater.
  • No money for due diligence
  • Burden is always on the entrepreneur (reps &
    warranties)
Ownership after the ―Fall?‖

                                               GLOBALCAPITAL
TRULY GLOBAL IP
• Anything you start here gets started ―there.‖
   • (China) Google>Baidu
• ―Prior Art‖ includes scientific publication in
  ―smaller‖ foreign languages.
• Italian startups 1st step: Go to America.
• EU policies now being applied to Internet
  companies (and vice versa: Massachusetts)
                                             GLOBALCAPITAL
GLOBAL IP LICENSING ISSUES
What’s the best IP foreign registration strategy?
   •   ―Startup Fest‖ disclosure here extinguishes opportunity
       for foreign patents
Domain registration: What’s in your name with other
TLD’s?
   •   Trademarks not always adequate protection; must
       show ―bad faith‖ in UDRP.
EU Data Privacy Policies:
   •   Reps & warranties violated on the 1st day.
                                                      GLOBALCAPITAL
ADDITIVE MANUFACTURING
           (3D PRINTERS)
―Prototyping‖ 3D printers now being used for
―one-offs‖ and ―short-runs.‖
  • 20% of output now final products (> to 50% by
    2020)
  • Lamps and lampshades
Consumer customization ( a la Scion)
  • Design your own mobile phone case.
                                             GLOBALCAPITAL
3D PRINTER LICENSING ISSUES
1. Is the ―trade dress‖ of an item adequately
   protected? (Hint: no)
   • Can a licensee be reasonably expected to protect
     against ―additive manufacturing‖ copying?
2. Derivative Works: Does the copier have a
   defense?
3. Is this a form of ―reverse engineering?‖
                                                GLOBALCAPITAL
REUBENS, ET AL. & TRON:
       MOTION CAPTURE LIBRARIES
Canaletto, Brueghel & Reubens: Great Artists
   •   Effective production lines: mass customization of
       great art.
Polar Express and Tron
   •   1st (major) movies with non-human characters created
       by motion capture
Motion Capture Libraries
   •   Purchase ―video‖ clips of ―entities‖ moving as you
       desire—attach to wireframe character and . . .

                                                     GLOBALCAPITAL
MOTION CAPTURE LICENSING ISSUES
Does underlying license cover all possible uses?
  • Any risks of ―likeness‖ violations?
―Outbound‖ (use) license:
  • Is policing against ―re-use‖ even possible?
    (Watermarks?)
  • Derivative Works defense for re-use?
  • Who owns the new ―characters?‖ Do they get
    copyrighted?
                                             GLOBALCAPITAL
Thank You.
            JAMES C. ROBERTS III

            jcrext@globalcaplaw.com
              www.globalcaplaw.com
       GLOBAL CAPITAL LAW GROUP pc
 Copyright 2011, James C. Roberts III. All rights reserved.

Please remember that the content of this presentation is not legal advice.

                                                                             GLOBALCAPITAL

Mais conteúdo relacionado

Mais procurados

Technological convergence and proliferation film
Technological convergence and proliferation filmTechnological convergence and proliferation film
Technological convergence and proliferation filmcigdemkalem
 
Technological convergence
Technological convergenceTechnological convergence
Technological convergenceShibZ95
 
HOW TO BREAK INTO HOLLYWOOD Joyce Schwarz
HOW TO BREAK INTO HOLLYWOOD Joyce SchwarzHOW TO BREAK INTO HOLLYWOOD Joyce Schwarz
HOW TO BREAK INTO HOLLYWOOD Joyce SchwarzJoyce Schwarz
 
Browsers in a Cloud-Powered World: Geeknet Virtual Trade Show - John Blossom
Browsers in a Cloud-Powered World: Geeknet Virtual Trade Show - John BlossomBrowsers in a Cloud-Powered World: Geeknet Virtual Trade Show - John Blossom
Browsers in a Cloud-Powered World: Geeknet Virtual Trade Show - John BlossomJohn Blossom
 
Tech convergence & prolif of hardware content final
Tech convergence & prolif of hardware content finalTech convergence & prolif of hardware content final
Tech convergence & prolif of hardware content finalsandraoddy2
 
Mobile opportunity and options for it
Mobile opportunity and options   for itMobile opportunity and options   for it
Mobile opportunity and options for itTim McGovern
 
LBS and the evolution of mobile marketing
LBS and the evolution of mobile marketingLBS and the evolution of mobile marketing
LBS and the evolution of mobile marketingglenstraub
 
Strategy and Innovation - Audiovisual Market, The Digital Revolution
Strategy and Innovation - Audiovisual Market, The Digital RevolutionStrategy and Innovation - Audiovisual Market, The Digital Revolution
Strategy and Innovation - Audiovisual Market, The Digital RevolutionSabrina Alves
 
Was uber a disruptive technology
Was uber a disruptive technologyWas uber a disruptive technology
Was uber a disruptive technologykeedavison
 
Impact of digital technology on audiences and institutions
Impact of digital technology on audiences and institutionsImpact of digital technology on audiences and institutions
Impact of digital technology on audiences and institutionsmissgillies
 
Cross media convergence
Cross media convergenceCross media convergence
Cross media convergenceromanyangel4
 
Technology and proliferation
Technology and proliferationTechnology and proliferation
Technology and proliferationreigatemedia
 
Revision piracy, ownership, the digital age, proliferation of hardware
Revision   piracy, ownership, the digital age, proliferation of hardwareRevision   piracy, ownership, the digital age, proliferation of hardware
Revision piracy, ownership, the digital age, proliferation of hardwaresandraoddy2
 

Mais procurados (15)

Technological convergence and proliferation film
Technological convergence and proliferation filmTechnological convergence and proliferation film
Technological convergence and proliferation film
 
Technological convergence
Technological convergenceTechnological convergence
Technological convergence
 
HOW TO BREAK INTO HOLLYWOOD Joyce Schwarz
HOW TO BREAK INTO HOLLYWOOD Joyce SchwarzHOW TO BREAK INTO HOLLYWOOD Joyce Schwarz
HOW TO BREAK INTO HOLLYWOOD Joyce Schwarz
 
Browsers in a Cloud-Powered World: Geeknet Virtual Trade Show - John Blossom
Browsers in a Cloud-Powered World: Geeknet Virtual Trade Show - John BlossomBrowsers in a Cloud-Powered World: Geeknet Virtual Trade Show - John Blossom
Browsers in a Cloud-Powered World: Geeknet Virtual Trade Show - John Blossom
 
Tech convergence & prolif of hardware content final
Tech convergence & prolif of hardware content finalTech convergence & prolif of hardware content final
Tech convergence & prolif of hardware content final
 
Mobile opportunity and options for it
Mobile opportunity and options   for itMobile opportunity and options   for it
Mobile opportunity and options for it
 
LBS and the evolution of mobile marketing
LBS and the evolution of mobile marketingLBS and the evolution of mobile marketing
LBS and the evolution of mobile marketing
 
Strategy and Innovation - Audiovisual Market, The Digital Revolution
Strategy and Innovation - Audiovisual Market, The Digital RevolutionStrategy and Innovation - Audiovisual Market, The Digital Revolution
Strategy and Innovation - Audiovisual Market, The Digital Revolution
 
Was uber a disruptive technology
Was uber a disruptive technologyWas uber a disruptive technology
Was uber a disruptive technology
 
Impact of digital technology on audiences and institutions
Impact of digital technology on audiences and institutionsImpact of digital technology on audiences and institutions
Impact of digital technology on audiences and institutions
 
Cross media convergence
Cross media convergenceCross media convergence
Cross media convergence
 
01a general introduction to the film industry convergence
01a  general introduction to the film industry   convergence01a  general introduction to the film industry   convergence
01a general introduction to the film industry convergence
 
Evolution of media.
Evolution of media.Evolution of media.
Evolution of media.
 
Technology and proliferation
Technology and proliferationTechnology and proliferation
Technology and proliferation
 
Revision piracy, ownership, the digital age, proliferation of hardware
Revision   piracy, ownership, the digital age, proliferation of hardwareRevision   piracy, ownership, the digital age, proliferation of hardware
Revision piracy, ownership, the digital age, proliferation of hardware
 

Destaque

Object Lifetime In C C++
Object Lifetime In C C++Object Lifetime In C C++
Object Lifetime In C C++ppd1961
 
Presentation of role of pastic in resource sharing
Presentation of role of pastic in resource sharingPresentation of role of pastic in resource sharing
Presentation of role of pastic in resource sharingSyed Jaffri
 
OCLC Resource Sharing Update
OCLC Resource Sharing UpdateOCLC Resource Sharing Update
OCLC Resource Sharing Updatekramsey
 
Hot issues in copyright
Hot issues in copyrightHot issues in copyright
Hot issues in copyrightGSLIS
 
Copyright Issues in Higher Education
Copyright Issues in Higher EducationCopyright Issues in Higher Education
Copyright Issues in Higher EducationJoe Hardenbrook
 
Social Media Mining - Chapter 4 (Network Models)
Social Media Mining - Chapter 4 (Network Models)Social Media Mining - Chapter 4 (Network Models)
Social Media Mining - Chapter 4 (Network Models)SocialMediaMining
 
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2Basics of licensings electronic resources 2
Basics of licensings electronic resources 2Barbara Dunham
 
Copyright issues in digital media
Copyright issues in digital mediaCopyright issues in digital media
Copyright issues in digital mediaAltacit Global
 
Types Of Network
Types Of NetworkTypes Of Network
Types Of Networkajithsrc
 
Chapter 2 - Network Models
Chapter 2 - Network ModelsChapter 2 - Network Models
Chapter 2 - Network ModelsWayne Jones Jnr
 
Types of network
Types of networkTypes of network
Types of networkishjari
 
Network topologies
Network topologiesNetwork topologies
Network topologiesNorah Saad
 
Research and Learning Forum - 2/14/2017
Research and Learning Forum - 2/14/2017Research and Learning Forum - 2/14/2017
Research and Learning Forum - 2/14/2017Timothy Hackman
 
Basic concepts of computer Networking
Basic concepts of computer NetworkingBasic concepts of computer Networking
Basic concepts of computer NetworkingHj Habib
 

Destaque (17)

Object Lifetime In C C++
Object Lifetime In C C++Object Lifetime In C C++
Object Lifetime In C C++
 
Presentation of role of pastic in resource sharing
Presentation of role of pastic in resource sharingPresentation of role of pastic in resource sharing
Presentation of role of pastic in resource sharing
 
OCLC Resource Sharing Update
OCLC Resource Sharing UpdateOCLC Resource Sharing Update
OCLC Resource Sharing Update
 
Hot issues in copyright
Hot issues in copyrightHot issues in copyright
Hot issues in copyright
 
Copyright Issues in Higher Education
Copyright Issues in Higher EducationCopyright Issues in Higher Education
Copyright Issues in Higher Education
 
Social Media Mining - Chapter 4 (Network Models)
Social Media Mining - Chapter 4 (Network Models)Social Media Mining - Chapter 4 (Network Models)
Social Media Mining - Chapter 4 (Network Models)
 
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
 
Copyright issues in digital media
Copyright issues in digital mediaCopyright issues in digital media
Copyright issues in digital media
 
Types Of Network
Types Of NetworkTypes Of Network
Types Of Network
 
Chapter 2 - Network Models
Chapter 2 - Network ModelsChapter 2 - Network Models
Chapter 2 - Network Models
 
Network topologies
Network topologiesNetwork topologies
Network topologies
 
Networking
NetworkingNetworking
Networking
 
Types of network
Types of networkTypes of network
Types of network
 
Network topologies
Network topologiesNetwork topologies
Network topologies
 
Network topology.ppt
Network topology.pptNetwork topology.ppt
Network topology.ppt
 
Research and Learning Forum - 2/14/2017
Research and Learning Forum - 2/14/2017Research and Learning Forum - 2/14/2017
Research and Learning Forum - 2/14/2017
 
Basic concepts of computer Networking
Basic concepts of computer NetworkingBasic concepts of computer Networking
Basic concepts of computer Networking
 

Semelhante a Global Capital 2011 Digital Trends &amp; Licensing Implications January February 2011

Intro to new and digital media
Intro to new and digital mediaIntro to new and digital media
Intro to new and digital mediaCHSGmedia
 
Uk Film Possible Questions
Uk Film Possible QuestionsUk Film Possible Questions
Uk Film Possible QuestionsM Taylor
 
Impact Of User Generated Content on Media - Ajit Jaokar - Media in Transition...
Impact Of User Generated Content on Media - Ajit Jaokar - Media in Transition...Impact Of User Generated Content on Media - Ajit Jaokar - Media in Transition...
Impact Of User Generated Content on Media - Ajit Jaokar - Media in Transition...mediaintransition
 
THE PIXEL LAB 2010: Gregor Pryor of Reed Smith - Digital Rights Issues for Cr...
THE PIXEL LAB 2010: Gregor Pryor of Reed Smith - Digital Rights Issues for Cr...THE PIXEL LAB 2010: Gregor Pryor of Reed Smith - Digital Rights Issues for Cr...
THE PIXEL LAB 2010: Gregor Pryor of Reed Smith - Digital Rights Issues for Cr...power to the pixel
 
MODULE 4- Designing and Developing.pptx
MODULE 4- Designing and Developing.pptxMODULE 4- Designing and Developing.pptx
MODULE 4- Designing and Developing.pptxFrenzDelaCruz2
 
Netcetera Presentation on Mobile Marketing
Netcetera Presentation on Mobile MarketingNetcetera Presentation on Mobile Marketing
Netcetera Presentation on Mobile MarketingAberla
 
G322 7 key concept questions explained
G322 7 key concept questions explainedG322 7 key concept questions explained
G322 7 key concept questions explainedMissMcD
 
Impact of New Digital technology in the Film Industry
Impact of New Digital technology in the Film IndustryImpact of New Digital technology in the Film Industry
Impact of New Digital technology in the Film IndustryNaamah Hill
 
Relinquishing Control: Creating Space for Open Innovation
Relinquishing Control: Creating Space for Open InnovationRelinquishing Control: Creating Space for Open Innovation
Relinquishing Control: Creating Space for Open Innovationfrog
 
Mobile today-tomorrow-201006-aberla
Mobile today-tomorrow-201006-aberlaMobile today-tomorrow-201006-aberla
Mobile today-tomorrow-201006-aberlaNetcetera
 
Media Studies General Topics
Media Studies General TopicsMedia Studies General Topics
Media Studies General TopicsZaxapias
 
Intro to new and digital media 2017
Intro to new and digital media 2017Intro to new and digital media 2017
Intro to new and digital media 2017CHSGmedia
 
The Social Shaping Of Technology By Judy Wajcman
The Social Shaping Of Technology By Judy WajcmanThe Social Shaping Of Technology By Judy Wajcman
The Social Shaping Of Technology By Judy WajcmanKelly Gomez
 
Media Corporation Product PortfolioThis is a portfolio, devel.docx
Media Corporation  Product PortfolioThis is a portfolio, devel.docxMedia Corporation  Product PortfolioThis is a portfolio, devel.docx
Media Corporation Product PortfolioThis is a portfolio, devel.docxandreecapon
 
Top10 Trends Impacting Marketing, Sales and Service
Top10 Trends Impacting Marketing, Sales and Service Top10 Trends Impacting Marketing, Sales and Service
Top10 Trends Impacting Marketing, Sales and Service The Circuit
 
Ppt Cal Bar Licensing Global Capital 092708
Ppt Cal Bar Licensing Global Capital 092708Ppt Cal Bar Licensing Global Capital 092708
Ppt Cal Bar Licensing Global Capital 092708James C. Roberts III
 
What's playing on walmart tonight
What's playing on walmart tonightWhat's playing on walmart tonight
What's playing on walmart tonightdmcolab
 
Ndt in the film industry 2015
Ndt in the film industry 2015Ndt in the film industry 2015
Ndt in the film industry 2015Naamah Hill
 

Semelhante a Global Capital 2011 Digital Trends &amp; Licensing Implications January February 2011 (20)

Intro to new and digital media
Intro to new and digital mediaIntro to new and digital media
Intro to new and digital media
 
Uk Film Possible Questions
Uk Film Possible QuestionsUk Film Possible Questions
Uk Film Possible Questions
 
Impact Of User Generated Content on Media - Ajit Jaokar - Media in Transition...
Impact Of User Generated Content on Media - Ajit Jaokar - Media in Transition...Impact Of User Generated Content on Media - Ajit Jaokar - Media in Transition...
Impact Of User Generated Content on Media - Ajit Jaokar - Media in Transition...
 
THE PIXEL LAB 2010: Gregor Pryor of Reed Smith - Digital Rights Issues for Cr...
THE PIXEL LAB 2010: Gregor Pryor of Reed Smith - Digital Rights Issues for Cr...THE PIXEL LAB 2010: Gregor Pryor of Reed Smith - Digital Rights Issues for Cr...
THE PIXEL LAB 2010: Gregor Pryor of Reed Smith - Digital Rights Issues for Cr...
 
MODULE 4- Designing and Developing.pptx
MODULE 4- Designing and Developing.pptxMODULE 4- Designing and Developing.pptx
MODULE 4- Designing and Developing.pptx
 
Netcetera Presentation on Mobile Marketing
Netcetera Presentation on Mobile MarketingNetcetera Presentation on Mobile Marketing
Netcetera Presentation on Mobile Marketing
 
G322 7 key concept questions explained
G322 7 key concept questions explainedG322 7 key concept questions explained
G322 7 key concept questions explained
 
Impact of New Digital technology in the Film Industry
Impact of New Digital technology in the Film IndustryImpact of New Digital technology in the Film Industry
Impact of New Digital technology in the Film Industry
 
21st Century Licensing Strategies
21st Century Licensing Strategies21st Century Licensing Strategies
21st Century Licensing Strategies
 
Relinquishing Control: Creating Space for Open Innovation
Relinquishing Control: Creating Space for Open InnovationRelinquishing Control: Creating Space for Open Innovation
Relinquishing Control: Creating Space for Open Innovation
 
Mobile today-tomorrow-201006-aberla
Mobile today-tomorrow-201006-aberlaMobile today-tomorrow-201006-aberla
Mobile today-tomorrow-201006-aberla
 
Media Studies General Topics
Media Studies General TopicsMedia Studies General Topics
Media Studies General Topics
 
Intro to new and digital media 2017
Intro to new and digital media 2017Intro to new and digital media 2017
Intro to new and digital media 2017
 
The Social Shaping Of Technology By Judy Wajcman
The Social Shaping Of Technology By Judy WajcmanThe Social Shaping Of Technology By Judy Wajcman
The Social Shaping Of Technology By Judy Wajcman
 
Media Corporation Product PortfolioThis is a portfolio, devel.docx
Media Corporation  Product PortfolioThis is a portfolio, devel.docxMedia Corporation  Product PortfolioThis is a portfolio, devel.docx
Media Corporation Product PortfolioThis is a portfolio, devel.docx
 
Top10 Trends Impacting Marketing, Sales and Service
Top10 Trends Impacting Marketing, Sales and Service Top10 Trends Impacting Marketing, Sales and Service
Top10 Trends Impacting Marketing, Sales and Service
 
Ppt Cal Bar Licensing Global Capital 092708
Ppt Cal Bar Licensing Global Capital 092708Ppt Cal Bar Licensing Global Capital 092708
Ppt Cal Bar Licensing Global Capital 092708
 
What's playing on walmart tonight
What's playing on walmart tonightWhat's playing on walmart tonight
What's playing on walmart tonight
 
Ndt in the film industry 2015
Ndt in the film industry 2015Ndt in the film industry 2015
Ndt in the film industry 2015
 
So what? Disruption and the Future of Mobility - Marguerite Johnson, TheNextI...
So what? Disruption and the Future of Mobility - Marguerite Johnson, TheNextI...So what? Disruption and the Future of Mobility - Marguerite Johnson, TheNextI...
So what? Disruption and the Future of Mobility - Marguerite Johnson, TheNextI...
 

Mais de James C. Roberts III

Ppt oops i just lost a billion euros part 1 3 q18
Ppt oops i just lost a billion euros part 1 3 q18Ppt oops i just lost a billion euros part 1 3 q18
Ppt oops i just lost a billion euros part 1 3 q18James C. Roberts III
 
Scaleup and startup curriculum from Global Capital
Scaleup and startup curriculum from Global CapitalScaleup and startup curriculum from Global Capital
Scaleup and startup curriculum from Global CapitalJames C. Roberts III
 
Virtual reality &amp; venture capital
Virtual reality &amp; venture capitalVirtual reality &amp; venture capital
Virtual reality &amp; venture capitalJames C. Roberts III
 
GDPR: What It Is and How (and Which) US Companies Are Affected
GDPR:  What It Is and How (and Which) US Companies Are AffectedGDPR:  What It Is and How (and Which) US Companies Are Affected
GDPR: What It Is and How (and Which) US Companies Are AffectedJames C. Roberts III
 
PPT Global Capital Startup Pitch Decks 2Q13.pptx
PPT Global Capital Startup Pitch Decks 2Q13.pptxPPT Global Capital Startup Pitch Decks 2Q13.pptx
PPT Global Capital Startup Pitch Decks 2Q13.pptxJames C. Roberts III
 
Global Capital VC Term Sheets 1Q13
Global Capital VC Term Sheets 1Q13Global Capital VC Term Sheets 1Q13
Global Capital VC Term Sheets 1Q13James C. Roberts III
 
Global Capital Roundtable VCs &amp; the US Market SUMMARY SLIDES
Global Capital Roundtable VCs &amp; the US Market SUMMARY SLIDESGlobal Capital Roundtable VCs &amp; the US Market SUMMARY SLIDES
Global Capital Roundtable VCs &amp; the US Market SUMMARY SLIDESJames C. Roberts III
 
Blog Global Capital Social Media Policy 012510
Blog Global Capital Social Media Policy 012510Blog Global Capital Social Media Policy 012510
Blog Global Capital Social Media Policy 012510James C. Roberts III
 
Ppt Global Capital Liceng Comm 2010 Trends 120209
Ppt Global Capital Liceng Comm 2010 Trends 120209Ppt Global Capital Liceng Comm 2010 Trends 120209
Ppt Global Capital Liceng Comm 2010 Trends 120209James C. Roberts III
 

Mais de James C. Roberts III (13)

Ppt oops i just lost a billion euros part 1 3 q18
Ppt oops i just lost a billion euros part 1 3 q18Ppt oops i just lost a billion euros part 1 3 q18
Ppt oops i just lost a billion euros part 1 3 q18
 
Scaleup and startup curriculum from Global Capital
Scaleup and startup curriculum from Global CapitalScaleup and startup curriculum from Global Capital
Scaleup and startup curriculum from Global Capital
 
Virtual reality &amp; venture capital
Virtual reality &amp; venture capitalVirtual reality &amp; venture capital
Virtual reality &amp; venture capital
 
GDPR: What It Is and How (and Which) US Companies Are Affected
GDPR:  What It Is and How (and Which) US Companies Are AffectedGDPR:  What It Is and How (and Which) US Companies Are Affected
GDPR: What It Is and How (and Which) US Companies Are Affected
 
GDPR for US Companies: A Primer
GDPR for US Companies: A PrimerGDPR for US Companies: A Primer
GDPR for US Companies: A Primer
 
PPT Global Capital Startup Pitch Decks 2Q13.pptx
PPT Global Capital Startup Pitch Decks 2Q13.pptxPPT Global Capital Startup Pitch Decks 2Q13.pptx
PPT Global Capital Startup Pitch Decks 2Q13.pptx
 
Global Capital VC Term Sheets 1Q13
Global Capital VC Term Sheets 1Q13Global Capital VC Term Sheets 1Q13
Global Capital VC Term Sheets 1Q13
 
Global Capital Roundtable VCs &amp; the US Market SUMMARY SLIDES
Global Capital Roundtable VCs &amp; the US Market SUMMARY SLIDESGlobal Capital Roundtable VCs &amp; the US Market SUMMARY SLIDES
Global Capital Roundtable VCs &amp; the US Market SUMMARY SLIDES
 
Jailbreaking OK'd by Librarian
Jailbreaking OK'd by LibrarianJailbreaking OK'd by Librarian
Jailbreaking OK'd by Librarian
 
VC Pitch Deck Principles. Part 1.
VC Pitch Deck Principles.  Part 1.VC Pitch Deck Principles.  Part 1.
VC Pitch Deck Principles. Part 1.
 
VC Pitch Deck Principles. Part 1
VC Pitch Deck Principles.  Part 1VC Pitch Deck Principles.  Part 1
VC Pitch Deck Principles. Part 1
 
Blog Global Capital Social Media Policy 012510
Blog Global Capital Social Media Policy 012510Blog Global Capital Social Media Policy 012510
Blog Global Capital Social Media Policy 012510
 
Ppt Global Capital Liceng Comm 2010 Trends 120209
Ppt Global Capital Liceng Comm 2010 Trends 120209Ppt Global Capital Liceng Comm 2010 Trends 120209
Ppt Global Capital Liceng Comm 2010 Trends 120209
 

Global Capital 2011 Digital Trends &amp; Licensing Implications January February 2011

  • 1. 2011 DIGITAL TRENDS & LICENSING ISSUES Licensing Executive Society Los Angeles February 24, 2011 James C. Roberts III GLOBAL CAPITAL LAW GROUP PC GLOBAL CAPITAL STRATEGIC GROUP LOS ANGELES | BOULDER | MILAN
  • 2. TABLE OF CONTENTS I. Introduction II. The Digital Context and Some Legal & ―Cultural‖ Issues III. Some Digital Trends & Their Licensing Implications GLOBALCAPITAL
  • 3. PART I. INTRODUCTION 1. Who We Are and Are Not. 2. The Digital Trends. 3. The Basic Licensing & Legal Issues. GLOBALCAPITAL
  • 4. INTRO: WHO WE ARE & ARE NOT. • Global Capital Group has two entities: – Corporate, transactional & IP: Global Capital Law Group PC – Strategic consulting: Global Capital Strategies • We don’t have lunch with Gwyneth Paltrow. Internet technology and content and advanced technology: ―Beyond the bleeding edge.‖ GLOBALCAPITAL
  • 5. THE TRENDS. 1. True Convergence? 2. Scaring Telcos: Social Networks & VoIP 3. Scaring Cable: NetFlix + Smartphones 4. ―I Like Buttons‖ & Metrics 5. Can You Say ―Mobile Apps?‖ 6. Angel Funding & Lean Startups 7. IP Is Truly Global—and Getting More So. 8. Additive Manufacturing 9. Canaletto, Brueghel, Reubens, Polar Express & Tron GLOBALCAPITAL
  • 6. THE LICENSING ISSUES. 1. Is the scope of existing licenses adequate? 2. Controlling platforms in new licenses 3. Representations & warranties for international and for due diligence 4. Are the legal rules re: Derivative Works up to the task? 5. Rights to data & datastreams 6. ―Reputation management‖ and libel & defamation GLOBALCAPITAL
  • 7. PART II. THE DIGITAL CONTEXT 1. The ―Mindset‖ 2. Hollywood’s Different Legal Culture 3. Legal Issues GLOBALCAPITAL
  • 8. TRICK QUESTIONS. 1. When you see the word ―mobile,‖ what do you see? Cellphone 2. When you think of mobile IP rights, what do you see? Mobile distribution of existing TV shows. 3. A mobile deal? Digital content license with a network/studio and a telco. GLOBALCAPITAL
  • 9. TRICK ANSWERS. 1. Mobile as the ―platform of choice.‖ Smartphones, MVD’s, Netbooks and tablets—i.e., Internet access (rather than only phone system access). 2. Hollywood culture: Long-form v. short-form major controversy. 3. All kinds of mobile deals: M&A, technology, regulatory, etc.—complicated ecosystem of stakeholders. GLOBALCAPITAL
  • 10. NEW (& IMPROVED) REVENUE SOURCES. 1. The obvious: – Mobile ads: screen-size issues; splits? – Mobile video: promising (complicated dev) – Mobile search: not bad 2. The emerging: – Datastreams: of what type? – Ecommerce: Amazon but also App Stores – Pre-rolls, etc.: excellent now but unpopular Revenue splits are the main model GLOBALCAPITAL
  • 11. WHERE’S WALDO? RIGHTS. Company automatically and irrevocably shall own and be vested with, and Vendor automatically and irrevocably shall be deemed to have granted, conveyed, assigned, transferred and set over to Company, all right, title and interest in and to the Work, including without limitation any and all copyrights therein and thereto (and all renewals, extensions, restorations and resuscitations thereof) and any and all rights now known and used, under any and all such copyrights in perpetuity (but in any event for not less than the period of copyright and any and all renewals, extensions, restorations and resuscitations thereof), in any and all languages and in any and all media now known and used, now known and hereafter used, or hereafter known or devised and used for the entire universe (collectively, the "Rights"). Without limiting the generality of the foregoing, the "Rights" shall in any and all events include, without limitation, all right, title and interest in and to the following: (i) the sole and exclusive Motion Picture rights, including, without limitation, the sole and exclusive right to produce one (1) or more Motion Pictures or other derivative works (including, without limitation, sequels, prequels, remakes, musicals and/or serials) based, in whole or in part, on the Work and the right to fix, reproduce, release, distribute, exhibit, perform, transmit, broadcast, advertise, promote and otherwise exploit such Motion Pictures or other derivative works by any and all means and in any and all media whether now known and used now known and hereafter used, or hereafter known or devised and used, including, without limitation, all of the following: theatrical; non- theatrical (including airlines, ships and other carriers, military, educational, industrial and the like); pay- per-view; home video (including video-cassettes, digital videodiscs, laserdiscs, CD-ROMs, video-on- demand; near video-on-demand and all other formats); all forms of television (including pay, free, network, syndication, cable, satellite, high definition and digital): subscription-on-demand; GLOBALCAPITAL
  • 12. WALDO (cont’d). all forms of digital or on-line exploitation, distribution and/or transmission (including, without limitation, the internet), CD-ROMs, fiber optic or other exhibition, broadcast and/or delivery systems and/or computerized or computer-assisted media; all rights of communication to the public, rights of distribution to the public, rights of making available or other forms of public or private communication and/or distribution; and all forms of dissemination, communication or distribution to one or more locations or parties, whether embodied or transmitted utilizing analog, digital or other formats; (ii) all ancillary, incidental and subsidiary rights including, without limitation, all merchandising, (e.g., games, computer, video and other electronic games, toys, comic books, so-called "making of books," apparel, food, beverages, posters, and other commodities, services or items), commercial tie-ins, co-promotions, music, music publishing, soundtrack, photonovel, novelization, screenplay publication, interactive media, multi- media, and theme park (or other "themed" or location-based attraction) rights in and to the Work; (iii) the right to make or publish excerpts, synopses or summaries of the Work for purposes of advertising, publicizing or exploiting the foregoing rights in and to the Work; (iii) the exclusive right to publish the Work or excerpts therefrom and (iv) the exclusive right to use the title or titles by which the Work may be now or hereafter known, or any components of any such title or titles (a) as the title of Motion Pictures and/or in connection with the advertising, marketing, publicity, promotion and other exploitation thereof, whether such Motion Pictures are based wholly or partially upon the Property or are independent of the Work, (b) in connection with songs, musical compositions, music or lyrics and/or phonorecords, whether or not included in any such Motion Pictures, and (c) in connection with the publication, recordation, performance, and any other use whatsoever of the foregoing items. GLOBALCAPITAL
  • 13. SO WHAT? Traditional Approach: Push it to the audience. Does the license grant cover ―Pull‖ or social networking, mash-ups, etc.? Lean back/lean forward? Exploit the Work: • Includes right to edit, trailers, mobisodes? Digital transmission: • Interactivity? Mobile rights? Derivative works? Universe: • Defined term? GLOBALCAPITAL
  • 14. SO WHAT (cont’d)? 1. Overreaching? – Enforceable in the EU? 2. Where is mobile mentioned? – Does that mean ―not contemplated?‖ – No ―pull,‖ no UGC, no alerts, no ―lateral‖ dissemination by User? 3. Tricky application of Rule of Ejusdem Generis: – General statements apply to same class of things or only things listed. ―Cars, trucks, motorcycles‖ = land-based vehicles so planes and boats are excluded. – The longer the list the more likely that missing items were intentionally omitted. – Courts do not limit application to statutes. 4. Agreements as guidance for non-lawyers. Can you imagine them figuring this paragraph out? This is analysis, not criticism, of the Hollywood approach GLOBALCAPITAL
  • 15. QUICK TRICKS. 1. Scope of license: Does it cover new platforms and new forms of ―engagement,‖ e.g., interactivity, social networking, peer-to-peer, mobile, ―complete‖ convergence? 2. Limitations of other licenses: The ―Border Effect.‖ Is it licensed in foreign markets (through other agreements)? 3. Who owns user/audience data? 4. Reps & warranties: Can they say they control? 5. Revenue: With whom is it shared? 6. Indemnification: Huge risk? (Claims may be brought in foreign jurisdictions) GLOBALCAPITAL
  • 16. LEGAL RISKS: LICENSE SCOPE. Does the scope of license grant rights sufficient for commercialization (and valuation)? 1. Platforms specified? Interactivity? ―Mash-ups‖ w/in broadcast rights (―push‖ v. ―pull‖). 2. Term (and beyond)? Use in between broadcast ―day and date(s)‖? 3. Right of sublicense (necessary if to Users). 4. What else is being licensed? 5. Does the content include or generate data/datastreams. Internet exploitation enables accumulating—and mining and monetizing— vast amounts of granular data. 6. Rely upon rights in technology (often covered by different agreements)? GLOBALCAPITAL
  • 17. LEGAL RISKS: REPS & WARRANTIES. Can they legitimately say the following? (a) Ownership or Control. Licensor owns or has been licensed all rights necessary to effectuate the terms of this Agreement. (b) No Violation of Third Party Rights & Applicable Laws. The execution, delivery and performance of this Agreement will not violate rights granted by xxxxxxx to any third party or violate the provisions of any agreement to which it is a party or violate any applicable law or regulation, including those regarding export control; and New risks for technology based on ―Open Source.‖ GLOBALCAPITAL
  • 18. LEGAL RISKS: INDEMNIFICATION. Indemnification shifts future risks. • Who assumes the risks going forward? • Infringement • Third-party claims • Non-American jurisdictions may assert their authority. (EU privacy laws; jurisdiction based on ―country of access‖; infringement claims) GLOBALCAPITAL
  • 19. PART III. THE TRENDS & THEIR IMPLICATIONS • True Convergence • Scaring Telcos Cable Cos • ―I Like Buttons‖ & Metrics • Mobile is Everything • Angel Funding & Lean Startups • Truly Global IP • Additive Manufacturing • Canaletto, Brueghel, Reubens, Polar Express & Tron GLOBALCAPITAL
  • 20. TRUE CONVERGENCE Any content anywhere any platform anytime any interaction any sharing • Viable business models: Hulu.com, Netflix and iTunes • ESPN is now providing premium online access to its cable subscribers • Internet-ready TVs and these services: Google TV AppleTV Rovi Boxee GLOBALCAPITAL
  • 21. TRUE CONVERGENCE LICENSING ISSUES • Cross-platform rights in underlying license? • If your Programming Matrix brought you to Internet- sourced content, is watching it—or displaying it—a violation of a territorial license? Does the underlying license enable ―TV broadcast?‖ • Streaming v. Downloading • Has watermarking’s time arrived? • Rights in the Marks? • Is there a greater risk of ―Derivative Works?‖ GLOBALCAPITAL
  • 22. SCARING TELCOS & CABLE • Mobile users employ VoIP for calls and (free) WiFi in lieu of data plans. • Phone systems as utilities; access as a commodity. • 300,000 cable subscribers cancelled: • Netflix for movies, Hulu for TV • Netflix = >~20% of night-time Internet traffic GLOBALCAPITAL
  • 23. TELCO/CABLE SCARE LICENSING ISSUES Largely indirect effects – Minimum audience numbers and ―makegoods‖ Increased possibility of infringing use: – >600,000,000 Facebook Users GLOBALCAPITAL
  • 24. ―I LIKE‖ BUTTONS & METRICS ―I Like‖ Buttons are an example of cross-network links. • Similar to Facebook/Twitter symbols to post (―hypersyndication‖) Links cause huge traffic spikes and, potentially, huge increases in audience data. • Advertisers aren’t in it for the money. GLOBALCAPITAL
  • 25. ―I LIKE‖ LICENSING ISSUES • ―Cross linking‖ and hypersyndication increase scope for IP policing and increase infringement risks. • Who owns the audience metrics? • Potential for merely ―access‖ or ―aggregate‖ data? GLOBALCAPITAL
  • 26. MOBILE IS (AND WILL BE) EVERYTHING • ~5,000,000,000 mobile phones – ~1.1B with Web access – ~2-3B with SMS capabilities • <~1,000,000,000 PCs • By 9/1/10: 6,500,000,000 downloads from the Apple App Store GLOBALCAPITAL
  • 27. MOBILE LICENSING ISSUES 1. App Dev—Open Source components: • Reps & warranties • Ongoing obligations? • Breaches (attribution, © in the code, etc.) • Violation of patents (software & process) 2. App Use—Capturing content (ltd Fair Use?) • © and ™ violations • Derivative Works GLOBALCAPITAL
  • 28. ANGELS & LEAN STARTUPS Startup development is down from $5m and 2 yrs to $50K and 2 mos. • VCs love it because enables POC and customers. ―Lean Startup‖ Movement fits right in. • ―MVP‖ (Minimally Viable Product) model • ―Vibefeelr‖ done in four months GLOBALCAPITAL
  • 29. ANGEL FUNDING LICENSING ISSUES Chronic pricing pressure for legal work now even greater. • No money for due diligence • Burden is always on the entrepreneur (reps & warranties) Ownership after the ―Fall?‖ GLOBALCAPITAL
  • 30. TRULY GLOBAL IP • Anything you start here gets started ―there.‖ • (China) Google>Baidu • ―Prior Art‖ includes scientific publication in ―smaller‖ foreign languages. • Italian startups 1st step: Go to America. • EU policies now being applied to Internet companies (and vice versa: Massachusetts) GLOBALCAPITAL
  • 31. GLOBAL IP LICENSING ISSUES What’s the best IP foreign registration strategy? • ―Startup Fest‖ disclosure here extinguishes opportunity for foreign patents Domain registration: What’s in your name with other TLD’s? • Trademarks not always adequate protection; must show ―bad faith‖ in UDRP. EU Data Privacy Policies: • Reps & warranties violated on the 1st day. GLOBALCAPITAL
  • 32. ADDITIVE MANUFACTURING (3D PRINTERS) ―Prototyping‖ 3D printers now being used for ―one-offs‖ and ―short-runs.‖ • 20% of output now final products (> to 50% by 2020) • Lamps and lampshades Consumer customization ( a la Scion) • Design your own mobile phone case. GLOBALCAPITAL
  • 33. 3D PRINTER LICENSING ISSUES 1. Is the ―trade dress‖ of an item adequately protected? (Hint: no) • Can a licensee be reasonably expected to protect against ―additive manufacturing‖ copying? 2. Derivative Works: Does the copier have a defense? 3. Is this a form of ―reverse engineering?‖ GLOBALCAPITAL
  • 34. REUBENS, ET AL. & TRON: MOTION CAPTURE LIBRARIES Canaletto, Brueghel & Reubens: Great Artists • Effective production lines: mass customization of great art. Polar Express and Tron • 1st (major) movies with non-human characters created by motion capture Motion Capture Libraries • Purchase ―video‖ clips of ―entities‖ moving as you desire—attach to wireframe character and . . . GLOBALCAPITAL
  • 35. MOTION CAPTURE LICENSING ISSUES Does underlying license cover all possible uses? • Any risks of ―likeness‖ violations? ―Outbound‖ (use) license: • Is policing against ―re-use‖ even possible? (Watermarks?) • Derivative Works defense for re-use? • Who owns the new ―characters?‖ Do they get copyrighted? GLOBALCAPITAL
  • 36. Thank You. JAMES C. ROBERTS III jcrext@globalcaplaw.com www.globalcaplaw.com GLOBAL CAPITAL LAW GROUP pc Copyright 2011, James C. Roberts III. All rights reserved. Please remember that the content of this presentation is not legal advice. GLOBALCAPITAL