Lessig, Lawrence
2008
Remix: Making Art and Commerce Thrive in the Hybrid Economy
24f
“‘When I was a boy … in front of every house in the summer evenings you would find young people together singing the songs of the day or the old songs. Today you hear these infernal machines going night and day. We will not have a vocal cord left. The vocal cords will be eliminated by a process of evolution, as was the tail of man when he came from the ape.’” He quotes somebody.
Vaidhyanathan, Siva
2003
Copyrights and Copywrongs: The Rise of Intellectual Property and How it Threatens Creativity
The 2001 version is identical with the 2003 version, even page numbers are the same, except for the additional afterword or something.
Gayer, Amit
Shy, Oz
2006
Copyright Enforcement in the Digital Era in Illing, G et al ~ Industrial Organization and the Digital Economy
Economists can’t decide whether file sharing has a negative influence on the music industry or artists or not.
Weiler, Paul C.
2002
Entertainment, Media, and the Law: Text, Cases, Problems
2
“Entertainment is a human activity and economic venture. Its internal relationships and products are, of course, shaped by contract, as well as constitutional, copyright, labor, antitrust, and trade law. Yet every one of those branches of the law applies to other industries – to auto manufacturing for example. Professors do not, however, teach and write books about ‘automobile law’. What is distinctive about entertainment law is the unique way that many crucial features of this industry have shaped and been shaped by the legal system.“
Brodesser-Akner, Claude
06.10.2010
The New Halo Game Is a Hit — So What’s the Status of the Halo Movie? (30.11.2010)
History of the Halo movie that never happened. Including financing, which studios, Peter Jackson, Neil Blomkamp, Steven Spielberg.
Australian Government
2010
Franchising Code of Conduct
Australian law concerning Franchising.
Federal Trade Commission
2007
Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunities; Final Rule
The federal laws concerning franchising in the USA.
There are also state-level laws.
Hon, Adrian
2007
Alternate Reality Games and Perplex City Season 2 (11.05.2010)
17:54
Definition-story arc:
“analogous to chapter in a novel” -> so in his terminology arcs cannot overlap? -> Not my understanding of story arcs.
Story Arcs
19:48
They started off with influencable stories that branched out, were complicated, and depended on how the audience interacted with them. Later on the stories became much more linear, because these a easier to play. “Leave the story to us… but we’ll still change it anyway.” (slide text) if the audience likes a character, for example -> not player-directed but player-influenced story.
20:16
People like seeing new websites/content.
ARGs require new skill sets -> everything has to happen faster -> storytellers work under a constant deadline -> they’re not used to that, have to adapt
30:48
Mind Candy didn’t create a storyworld bible, but the audience created a Wiki and a Google Maps mashup that became the de facto bible!
UNESCO
2010
The ABC of Copyright (23.06.2010)
Throughout the document:
common law = anglo-american countries
civil law traditoin = European continent
All lists are verbatim quotes.
Copyright concerning film: page 28.
9
Copyright
10
The Essences of Copyright
11
The Rationale behind Copyright
12
The Origins of Copyright
The First Copyright Laws
13
The Modern Copyright System
16
The Scope of Copyright Protection
17
The Idea-Expression Dichotomy
-> Ideas can be copied freelly, “the form in which the ideas are expressed” (page 16) cannot.
18
The Originality Criteria in Copyright Law
19
Absence of Formalities in Copyright Law
Fixation Requirement in Copyright
-> common law: work must be fixed by any tangible, material means
-> civil law: copyright takes effect from the very moment it is created
20
The Protection of Computer Programs
21
Protection of Databases
-> the database structure is protected everywhere, the content not necessarily
Traditional Cultural Expressions and Folklore
24
Copyright Ownership
Who is the ‘Author’?
25
Works made for hire
Copyright in Anonymous and Pseudonymous Works
“the publisher is not the real owner of copyright but is only entitled to protect and enforce the author’s rights”
27
Works Created by Several Persons
28
Rights Ownership in Cinematographic Works
30
Concerns the author’s non-financial interests
The Most Important Moral Rights
31
Development of International Recognition
32
Basic Features of Moral Rights
33
The Right of Attribution
34
The Right of Integrity -> ‘The Right to Respect’
The Right of Disclosure
35
The Right to Withdraw
38
Economic Rights
39
Most Important Economic Rights
The Right of Reproduction
40
The Right of Distribution
41
Rental and Lending Rights
42
The Rights of Communication to the Public
The Right of Making Available
-> introduced with the Internet, but covers all future technologies
43
The Resale Right (Droit de suite)
The Adaptation Right
45
Limitations to Copyright Protection
46
Term of Protection
47
General Rules on Exceptions
48
Freedom of expression
49
Access to Knowledge
Justice and Government
50
Private Copying
[L]imitations in the Digital Environment
53
Transfer of Rights
54
Contractual Transfer of Rights
55
Transfer of Rights by Assignment
56
The Licensing of Rights
57
Limitations on Transfer of Rights
Formal Requirements
58
Transfer of Rights After Death
60
Related Rights
The Most Important Related Rights
61
The Development of International Related Rights Protection
62
The Characteristics of Related Rights
63
Protection of Performers’ Rights
64
Protection of Phonogram Producers
Protection of Broadcasters’ Rights
67
Enforcement of Rights
68
Forms of Rights Infringement
69
Civil Remedies
Penal Sanctions
70
Technological Protection Measures
71
Challenges of enforcement in the digital environment
73
Collective Management of Rights
74
The Origins of Collective Rights Management
75
The most important rights administered collectively
76
Forms of Collrctive Management
77
Variety of Collective Rights Management
78
International Collective Rights Management
The Advantages of Collective Rights Management
79
Challenges for Collective Rights Management
81
International Protection of Copyright and Related Rights
82
The Most Important International Conventions
83
The Origins of Today’s Multilateral Conventions
84
International Treaties on Copyright and Related Rights
85
Berne Convention for the Protection of Literary and Artistic Works (1886)
86
The Universal Copyright Convention (1952)
87
The Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations (1961)
88
The Agreement on Trade-Related Aspects of Intellectual Property Rights (1994) -> TRIPs
89
The WIPO Copyright Treaty The WIPO Performances and Phonograms Treaty (1996)
Keane, Michael
Exporting Chinese Culture: Industry Financing Models in Film and Television
13
“The question is then: how is such ‘creative destruction’ occurring in media industries, if at all?”
“In spite of the success of a few media enterprises, creative industries in China are fragile when compared with the corporate structures and production relations of Hollywood. In developed economies the mass media are dominated by highly concentrated forms of organization.”
“In China, the options for development of audiovisual industries are still uncertain and subject to vagaries in national media policy. Media organizations may expand provincially; they may aspire to horizontal integration; but the bottom line is likely to remain a lack of capital, which forces them to seek out low-cost ways of competing in a crowded media industry.”
14
“In television industries for instance financial returns on program development and production are extended across, and within new territories. In cinema co-productions and runaway productions are a means of ensuring cost savings.”
15
“Globalization by franchising provides a very different model of development, one that is flexible, post-Fordist, and subject to user innovation.”
“Within the context of globalization, [...] there are four levels of economic activity: economic specialization, de-territorialized production (production of goods in lowest cost locations), partially traded or non-traded services, and routine manufacturing and services.”
economic specialization
de-territorialized production
partially tradable or non-tradable services
routine manufacturing and services
16f
“The demand for innovation drives the imperative to constantly examine the international market for opportunities.”
17
“This leads back to the conundrum of creativity: how do developing countries compete? If it is easier to compete in the cultural economy by making local versions of global products—or by acting as a low-cost location for footloose multinationals—then the specificity of culture is ultimately eroded. On the other hand, a focus on the national can have the effect of marginalizing the cultural product and ensuring that it fits only into a niche culture market, as illustrated by national cinema and world music. The dilemma for producers, moreover, is making a leap into high-value markets: independents located in developing countries do not have the resources to incubate, produce, and market so as to produce ‘winner-takes-all’ branded products and services. In many instances, new artists are discovered in the margins and expediency drives them or their agents into to the arms of international financiers, often handing over the valuable IP rents in the process.”
“Over-bureaucratization is endemic to the cultural sector and works against implementation of long-term business models.”
17f
“These factors, in combination with existing conventions within the marketplace, notably a propensity to rely on relationships make it difficult for cultural enterprises to generate start-up capital. Product innovation is therefore more likely to be incremental and imitation is favoured over innovation. The focus on imitation has led to the success of Japanese and Korean creative industries. Whereas these countries have managed to move to the next stage (innovation), China remains locked into a cycle of dependency.”
“The principal financiers of the Chinese film industry are government: direct support for approved films as well as indirect support for co-productions via tax breaks and reductions of expensive red tape; foreign investors: particular in co-productions and joint-venture arrangements; major business enterprises: through revenue-sharing arrangements and product endorsements in film; advertising companies: often through brokering of services such as post-production; and state-owned enterprises: many of these such as the People’s Liberation Army, are in fact highly profitable enterprises with interests in communications.”
“In 2003 80 percent of revenue from box office receipts came from the 20 imported blockbusters (Hua 2004). According to official statistics copyright earnings on imported films were 10 times more than those received from domestic productions.”
18f
“The politicization of film content, erratic censorship regimes, and the necessity of managing scripts to appease officials, impacts on production investment in two ways. First, it discourages domestic investors who are unwilling to sink their capital into scripts that are politically doctored; and second, it opens up a private investment market for the more adventurous producers. Since 1997 the partial privatization of China’s leading film studios (Beijing Forbidden City Film Corporation, Xian Film Corporation, Ermei Film Corporation, and Shanghai Film Corporation) has stimulated private investment and co-productions. Most of the capital investment has come from Hong Kong, Taiwan and Japan. While the majority of films in 2003 were still produced by the state-funded studios, there was a significant increase in the number of films (Ibid, 32) produced by privately invested companies. Some of the more notable independent production and investment houses are Beijing New Vista, Huayi Brothers and Taihe Film Investment Company, and Century Hero Audio-visual Investment Company (Yin 2004).”
19
“The success of China’s film industry and the capacity to create exportable content is contingent on unleashing creativity as much as stimulating finance.”
“Tarantino has undoubtedly been impressed by the willingness of the Chinese to work enthusiastically for low salaries in contrast to the spiralling costs in other international locations.”
“With a population of more than 1.3 billion China’s cinema box office revenue is just 25 percent of that of Korea, whose population is 47 million.”
“The success of the Korean new wave has seen film financing models going on-line, allowing ordinary people to buy into the movie-business (Kim 2003). Netizen funds are a way by which (mostly) young Koreans invest in film projects for a return based on the movie’s success after release.”
19f
“International connections are important in order to break out of the cycle of dependency on state funding. In 2003 more than half of the 140 feature films made in China received substantial investment from government but less than half the number of films legitimately screened in Chinese cinemas in 2003 were profitable, and as mentioned above, the heavy grossing films were international ‘blockbusters’.”
20
“the average cost of production was only rmb 3 million (USD362,000), or 0.5 percent of the average cost of production in the U.S.”
“Cellphone received investment finance from a number of sources with major contributions coming from Motorola, China Mobile, BMW, and Mtone (a Chinese internet content provider). Motorola invested rmb 4 million (USD484,000), China Mobile rmb 800,000 (USD97,000), while BMW contributed rmb 1.2 million (USD145,000). Sponsors received product placement and visible recognition in the film promotional messages. For instance, the protagonist of the film—a successful TV talk host who inadvertently left a message from a lover on his new Motorola cellphone—also drives a BMW. In addition, Motorola and BMW’s logo were displayed prominently on advertising billboards. Music copyright delivered a further rmb 8 million (US$968,000) (Meng 2004). In addition to securing financial support, the production company (Huayi Brothers and Taihe Film Investment Company), which is incidentally the advertising agent for China Mobile, sought to ensure returns on investment by working with a Guangdong-based DVD maker to produce cheaper legitimate versions in efforts to limit piracy (Shanghai Daily Jan 21, 2004).”
“Television is an industry that employs an army of people in China. The flow of investment is more dynamic than cinema as the market is shaped by domestic consumption and broadly supported by advertising.”
“Television stations are still technically owned by the state but they are now allowed to apply for licenses to operate as corporate entities responsible for their profits and losses.”
21
“This is not straightforward philanthropy, however, but investment based on guanxi (reciprocal) relationships.”
“In China cable television is ubiquitous but the business model remains low value because subscription to the 30 or so channels is under priced.”
“the mass audience for television – some 900 million — is shared among some several hundred stations. The bulk of income for television stations, and for producers, now comes from advertising.”
23
“Digital content industries provide new challenges for investment in the creative industries.”
“Chinese government is investing heavily in video games production in Shanghai and an animation centre in Beijing. These are joint public-private ventures that draw upon government largesse towards new industry/new economy development in the wake of Korea and Japan’s video games exports. The government recognizes that digital content industries are growth industries and that they have global impact; that is, products and applications developed in China can be marketed globally, in comparison to television and film, which is hampered by being nationally specific. In addition, digital content is invariably produced with the intent of repurposing in multiple platforms: cable, free-to-air, Internet, mobile phone etc.”
“Until recently oligopoly structures have not existed in China due to the need to control information.”
“Digital media is especially relevant to user-led innovation. There is a need to respond quickly to consumer demand and this gives China an advantage in that it has a large consumer base to test new products and applications.”
24
“while ideas may be generated in developing countries, finance to commercialize still comes primarily from multinational investors.”
“In order to avoid becoming a low cost location for media production (Miller et al 2001), China needs to further develop its own industrial base and to recognize the importance of intellectual property protection in developing local creativity. The synergy between creative enterprise and financial inputs into core creativity, R&D, incubation, and marketing now becomes central to meet the challenge of developing export content.” Not sure about that.
“how do countries move from a low national production base into competitive export markets? The transition encompasses a five-stage process.
“These media capitals (Curtin 2003) bring with them economies of scale and scope, the attraction of foreign investment, the certainty of rights management, and greater network and distribution complementarities.”
25
“Successful exports of Chinese film and television, moreover, are ultimately contingent on institutional reforms within China, which will bring these five growth stages into synergistic alignment in order to generate greater value and industry confidence.”