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MEDIA AND INTELLECTUAL PROPERTY IN THE CONVERGENCE ERA

MEDIA AND INTELLECTUAL PROPERTY IN THE CONVERGENCE ERA. ___________________. AFTER ALL, WHAT DOES THE INDUSTRY WANT?. Cláudio Lins de Vasconcelos , JSD, LL.M. WIPO Interregional Meeting on South-South Cooperation on IP – BSB, Aug. 10, 2012. What would you to today.

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MEDIA AND INTELLECTUAL PROPERTY IN THE CONVERGENCE ERA

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  1. MEDIA AND INTELLECTUAL PROPERTY IN THE CONVERGENCE ERA ___________________ AFTER ALL, WHAT DOES THE INDUSTRY WANT? Cláudio Lins de Vasconcelos , JSD, LL.M. WIPO Interregional Meeting on South-South Cooperation on IP – BSB, Aug. 10, 2012

  2. What would you to today . . . . . . if you had the day off?

  3. 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 Images TV Shows → CREATION Performances Movies/Soap operas Compositions Phonograms INTELECTUAL ASSETS AS INPUTS “B2B” AXIS (Suppliers to Company) INTELECTUAL ASSETS AS PRODUCTS PRODUCTION “B2C” AXIS (Company to Consumers) Texts Books Show Formats Reality shows → DISTRIBUTION Other rights Other products COST REVENUE

  4. IP LEGAL FRAMEWORK MEDIA Images TV Shows → CREATION Performances Movies/Soap operas Compositions Phonograms INTELECTUAL ASSETS AS INPUTS INTELECTUAL ASSETS AS PRODUCTS “B2B” AXIS(Suppliers to Company) PRODUCTION “B2C” AXIS (Company to Consumers) Texts Books Show Formats Reality shows → DISTRIBUTION Other products Other Rights REVENUE COST

  5. THE 20th-Century Industry: TELEREALITY Analogical – unidirectional – unimediatic

  6. THE 21st-Century Industry: THE GLOBAL SCREEN Digital – multidirectional – multimediatic

  7. THE DIGITAL SCHOCK: FULL OF MEANS, SHORT OF MESSAGES IP = Revenue CREATION IP= Cost and Revenue PRODUCTION DISTRIBUTION IP = Cost CONSUMPTION

  8. THE GREAT MEDIA DIVIDE (2000 – 2010) RIGHT HOLDERS CONSUMERS RECORD LABELS TECHS/DOTCOMS X MOVIE STUDIOS TELECOMS “OLD” MEDIA “NEW” MEDIA

  9. DECADE OF ‘10: TECNOLOGY WITOUT CONTENT LACKS CONTEXT

  10. WITH THE APP REVOLUTION WE’VE LEARNED: NOTHING NEW UNDER THE CLOUD 1 CONSUMERS WANT CONTENT-INTENSIVE PRODUCTS IN A USER-FRIENDLY INTERFACE (AND WILL WAIT DAYS IN LINE FOR IT) 2 THERE IS NO SUCH THING AS “OLD” AND “NEW” MEDIA. BORN DOTCOM OR NOT, THEY ARE ALL DIGITAL NOW, OPERATING IN THE SAME BUSINESS CHAIN 3 NO BUSINESS WOULD EVER PAY FOR ANY INPUT IF IT COULD, BUT MOST HAVE TO. OTHERWISE, IT IS CALLED “UNFAIR COMPETITION” 4 SELLING ADDS ATTACHED TO PROTECTED CONTENT WITHOUT SHARING THE REVENUE TO SEE WHAT THE COURTS SAY IS NO BUSINESS MODEL

  11. AND WHAT DOES THE INDUSTRY WANT, AFTER ALL? CLEAR AND EFFECTIVE LAWS COST AND REVENUE PREDICTABILITY RESPECT TO CONTRACTS JUSTICE AND LEGAL SECURITY

  12. THE MAIN FORMS OF CONTENT MEDIATION • Professional Media: content is treated as an asset, bought as an input and sold as a product. Investments must be recovered directly, based on the intrinsic value of the content in itself. Ex.: broadcast and pay TV, movie studios, record labels, etc. • Institutional Media: content is a means to achieve a parallel end (economic, political, etc.). Investments are recovery indirectly. Ex.: free books to sell conferences; free downloads to sell merchandise; free entertainment to “sell” a political party project. • Amateur Media: content is an interpersonal communication tool. It may be professionally produced or not, but its mediation (selection, criticism, exhibition, etc.) is rewarded by non-monetary means, such as popularity. Creators/producers rarely compensated. Ex.: Facebook uploads, P2P networks. • Non-Media: content is distributed by the creator him/herself, without any critical evaluation by third parties. “Solitary” investments in creation and production must be recovered directly, on the creator’s own risk. Ex.: the artist who creates, produces and sells his/her own records.

  13. PROS AND CONS OF THE FORMS OF CONTENT MEDIATION • Institutional Media: • Professional Media: Free access, secondary economic benefits Quality, accountability, value is focused on content itself Content value attached to a purely economic, political or institutional (hidden?) agenda Economic barriers, limitations to consumer choice • Amateur Media: • Non-Media: Social participation, multidirectional dialogue Freedom of artistic expression, economic de-intermediation Undermining of content economic value, reduced incentives to creation/production “Solitary” investment, low aggregate value, lack of shared references

  14. “Caminante, son tus huellas / el camino, y nada más; / caminante, no hay camino, / se hace camino al andar. / Al andar se hace camino, / y al volver 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)

  15. TO KEEP ON TALKING... WWW.DIREITOEMIDIA.COM.BR CLAUDIO@LINSDEVASCONCELOS.ADV.BR

  16. 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

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