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Innovating Legal & Finance ModelsAnita Ondine
Location: Centre Point, London, UKDate: 16 May, 2012
@anitaondine#TNX12#Topal
Agenda
•Market Conditions
•Business Models
•Legal considerations
Market conditions
Transmedia...Audience behaviour & technology innovation
Market Conditions
ubiquity
scarcity
plenitude
analog television
IPTV
dvd
internet
cinema
cabletelevision
mobileapps
games
books
UGC
passive interactive participatory
Audience behaviour
digital networked
hard copy
digital / hard copy
analog television
satellitetelevision
dvd
internet
cinema
digital ubiquity
cabletelevision
mobileapps
games
ebooks
scheduledmultiplerepeats asynchronous
IPTV
books
Content deliveryMarket conditions
Market conditions Technology
Highest rate of smart phone ownership in SE Asia
110-115% mobile phone penetration
HD TV rollout
Digital cinema
Market conditions
Audience behaviour
Technology innovation
A perfect stormMarket conditions
Business Models
Transmedia...
Old media models
• Films: Studio system, independent film financing, DIY
• TV: Commissioning, markets, re-runs
•Books: Agents, publishers
•Games: Developers, publishers, proprietary platforms
Old model fundamentals
• Gate keepers “We decide” what the public wants / should get
• Middle men take a piece of the pie
• Copying is stealing
• Works are authored by one or two people, or corporations
Old models don’t work in the new world• Technology allows us:
- to bypass gate keepers- sell directly to our audience
• Copying is:- promotion- distribution- does not necessarily diminish the value of your work and may enhance it
• The economy is credit poor and risk averse
Transmedia business models1. Sell access to the content
(goods & services): •Subscriptions •Unit sales (tix, virtual goods)•License fees•Format rights
2. Sell eyeballs on content:•Advertising•Product placement•Branded content•Public funding
photo by: anita ondine
New business models
New models include a mix of:
- ‘Upstream’ funding
➡Pre-financing transmedia➡Public funding➡Strategic partnerships
- ‘Downstream’ funding
Pre-financing
• Fundamental issue is lack of data.
• Pre-selling participation in various forms via platforms like Kickstarter.com, IndieGoGo.com.
• Pre-sales and licenses to broadcasters / territories / platforms.
Public funding
•National and supranational funds still largely tied to ‘traditional’ media e.g. interactive project grants require there to be a film.
•Some regional funds are more progressive and offer purely interactive funding.
•Games and tech innovation funding exists but is scarce.
Downstream funding
•Ad supported (and it’s cousin brand integration)
•On selling to online platforms, broadcasters at markets such as MIPCOM
•Direct sales to market
New Old Spice Guy
Ken & Barbie
Somers Town
Bing / Jay-Z Decoded
American Girl Dolls
“Pursuit of Bestness”
Branded contentDownstream funding
Opportunities to Innovate
Transmedia...
Shared Value Models
• UGC contributors earn a share of revenues.
• Pool vs. waterfall model.
• Increased flexibility around treatment of copyright ownership, joint ownership, moving beyond ownership.
• What other innovations can we dream up?
Canada
Australia
United Kingdom
Germany
Malaysia
Spain The Netherlands
Italy
New markets, lower barriers to entry, no traditional gatekeepers
France
Opportunities to Innovate
Transmedia format licenses, like TV formats
Opportunities to Innovate
UK
Italy
France
Expand market reach - new platforms
web
ARGs
console gamestelevision
telephone
live eventsmobile apps
film
Business opportunities Mobile market
Brainstorm for business opportunities
Business opportunities Mobile market
Legal considerations
Transmedia...Contracts, IPR andData Protection Laws
Contracts• Chain-of-title
• Collaboration agreements
• Licensing a pre-existing work (note: some works are freely available from the public domain)
• Co-production agreements
• Financing agreements
• Employment Contracts
• NDAs
Intellectual Property Rights
• Trademarks
- Registered
- Unregistered
• Patents
• Designs
• Copyright
- Exists when an idea takes material form
Trends in Copyright
• Attempts to expand criminal penalties for copyright law violations via SOPA & PIPA in the USA, bypasses DMCA safe harbor
• Copyright law reform in the UK to bring some laws in line with common practice, but overall strengthen IP rights
• Use of Creative Commons licenses
free vs. paidHybrid solutions
EU Data Protection DirectiveThe EU Directive sets out the principles that apply to the processing of all personal data, including data collected in the context of a transmedia experience. Personal data should not be processed unless certain conditions are met. These conditions fall into three categories: 1. transparency 2. legitimate purpose, and 3. proportionalityAlso, no transfers out of the EU to countries that do not have adequate data protection laws unless certain conditions are met.These rules do not apply to anonymised data. NOTE: New draft law was proposed on 12 January 2012.
“You must build the life you want to live in.” rozh mutabchi
photo by: anita ondine
Twitter: @anitaondine Facebook: Anita OndineLinkedin: Anita Ondine SmithE: [email protected]
www.anitaondine.comwww.transmedianext.com
Transmedia...grows because we grow
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