MEDIA AND INTELLECTUAL PROPERTY IN THE CONVERGENCE ERA ___________________ AFTER ALL, WHAT DOES THE INDUSTRY WANT? Arte: Israel Campus Beat Cláudio Lins de Vasconcelos , LL.M, D. Sc. Rio de Janeiro, Oct. 10, 2012
What would you do today . . . . . . if you had the day off?
THE MEDIA INDUSTRY: STAGES OF THE PRODUCTIVE PROCESS (See VASCONCELOS, Cláudio L. Mídia e Propriedade Intelectual: A Crônica de um Modelo em Transformação. Rio de Janeiro: Lumen Juris, 2010, p. 85) MEDIA INTELLECTUAL ASSETS AS PRODUCTS Images TV Shows “B2C” AXIS (Company to Consumers)“B2B” AXIS (Suppliers to Company) INTELLECTUAL ASSETS AS INPUTS → CREATION Performances Movies/Soap operas Compositions Phonograms PRODUCTION Texts Books Show Formats Reality shows Other rights DISTRIBUTION * → Other products * (Lato sensu: includes exhibition) COST REVENUE
IP LEGAL FRAMEWORK MEDIA INTELLECTUAL ASSETS AS PRODUCTS Images TV Shows “B2C” AXIS (Company to Consumers)“B2B” AXIS (Suppliers to Company) INTELLECTUAL ASSETS AS INPUTS → CREATION Performances Movies/Soap operas Compositions Phonograms PRODUCTION Texts Books Show Formats Reality shows Other Rights DISTRIBUTION * → Other products * (Lato sensu: includes exhibition) COST REVENUE
THE 20th-CENTURY INDUSTRY: TELEREALITY“Fantasia”, by Walt Disney Photo: AP apud CSM Photo: EMPICS apud ESPN Analogical – unidirectional – unimediatic
THE 21st-CENTURY INDUSTRY: THE GLOBAL SCREENPhoto: Google apud TechCrunch “Avatar”, by James Cameron Photo: Oswaldo Gago Digital – multidirectional – multimediatic
THE DIGITAL SCHOCK:FULL OF MEANS, SHORT OF MESSAGES CREATION IP = Revenue PRODUCTION IP= Cost and RevenueDISTRIBUTION IP = CostCONSUMPTION
THE GREAT MEDIA DIVIDE (2000 – 2010) DISTRIBUTION – CONSUMPTION RIGHT HOLDERS FINAL USERSCREATION – PRODUCTION RECORD LABELS TECHS/DOTCOMS X MOVIE STUDIOS TELECOMS “OLD” MEDIA “NEW” MEDIA
DECADE OF ‘10: TECHNOLOGY WITHOUT CONTENT LACKS CONTEXTArt: PBS Art: Apple Art: UOL
WITH THE APP REVOLUTION WE’VE LEARNED: NOTHING NEW UNDER THE CLOUD CONSUMERS WANT CONTENT-INTENSIVE PRODUCTS IN A USER-FRIENDLY1 INTERFACE (AND WILL WAIT DAYS IN LINE FOR IT) THERE IS NO SUCH THING AS “OLD” AND “NEW” MEDIA. BORN DOTCOM OR NOT,2 THEY ARE ALL DIGITAL NOW, OPERATING IN THE SAME BUSINESS CHAIN NO BUSINESS WOULD EVER PAY FOR ANY INPUT IF IT COULD, BUT MOST HAVE TO.3 OTHERWISE, IT IS CALLED “UNFAIR COMPETITION” SELLING ADDS ATTACHED TO PROTECTED CONTENT WITHOUT SHARING THE4 REVENUE TO SEE WHAT THE COURTS SAY IS NO BUSINESS MODEL
AND WHAT DOES THE INDUSTRY WANT, AFTER ALL? CLEAR AND EFFECTIVE LAWS COST AND REVENUE PREDICTABILITY RESPECT TO CONTRACTS JUSTICE AND LEGAL SECURITY
THE MAIN FORMS OF CONTENT MEDIATION Professional Media: content is treated Institutional Media: content is onlyas an asset, bought as an input and sold a mean to achieve a parallel end –as a product. Investments must be commercial, political, etc. –, as anrecovered directly, based on the “add”, lato sensu. Investments areeconomic value of the content itself. IP- recovered indirectly. Ex.: free books torelated legal security is critical. Ex.: sell conferences; free downloads to sellbroadcast and pay TV, movie studios, merchandise; free entertainment torecord labels, etc. “sell” a political party project. Amateur Media: content is an Non-Media: content is distributedinterpersonal communication tool. It may by the creator him/herself, without anybe professionally produced or not, but its critical evaluation by third parties.mediation (selection, criticism, exhibition, “Solitary” investments in creation andetc.) is rewarded by non-monetary production must be recovered directly,means, such as vanity or peer influence. on the creator’s own risk. Ex.: the artistCreators/producers rarely compensated. who creates, produces and sells his/herEx.: Social network uploads and the like. own records (one-man business).
PROS AND CONS OF THE FORMS OF CONTENT MEDIATION Professional Media: Institutional Media: Quality, accountability, value is Free access, secondary focused on the content itself economic benefits Economic barriers, limitations Content value attached to a to consumer choice purely commercial, political or institutional (hidden?) agenda Amateur Media: Non-Media: Social participation, Freedom of artistic expression, multidirectional dialogue economic de-intermediation Undermining of content “Solitary” investment, low economic value, reduced aggregate value, lack of shared incentives to creation/production references
“Caminante, son tus huellas / el camino, y nada más; / caminante, no hay camino, / se hace camino al andar. / Al andar se hace camino, / y alvolver la vista atrás / se ve la senda que nunca / se ha de volver a pisar. / Caminante, no hay camino, / sino estelas en la mar…” (ANTONIO MACHADO, Proverbios y Cantares) Photo: L. Moreno
TO KEEP ON TALKING... WWW.DIREITOEMIDIA.COM.BRCLAUDIO@LINSDEVASCONCELOS.ADV.BR
Rua General Garzon, 22, s/606 - Jd. Botânico - Rio de Janeiro, RJ, Brasil - CEP 22470-010+55 (21) 3217.9788 +55 (21) 6860.5959 www.linsdevasconcelos.adv.br