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Digital Media & Licensing Newsletter

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vI XOS Partners with YouTube ; Grows Digital Network Offering In this issue... Main Feature ............... 1 Licensing ...................... 3 Legal Affairs ................ 5 Consumer Tech ........... 6 Industry News ............. 7 Get connected... The XOS Blog Learn More Need Support? ISSUE 01: APRIL 2012 X OS Digital has recently part- nered with Google™ and YouTube™ to create and manage official YouTube channels for several of its collegiate athletics partners, including the Southeastern Conference, BIG EAST Conference, Mid-American Conference and the National Football Foundation. These channels, along with several launching later this year, will fall under the XOS Digital Sports Network on YouTube. XOS Digital’s new YouTube affiliate channels will enable company part- ners to publish, manage and mon- etize their original content and full games on the YouTube platform – a task difficult to undertake previously. Up until more recently, the copy- right and trademark licensing indus- try referred to YouTube as the “wild west,” due to the explosive number of fans creating their own videos and posting them on the platform. However, XOS can now track and manage content uploaded by fans, and take copyright enforcement ac- tion as necessary.Through YouTube’s exclusive Content ID system, XOS submits content for “fingerprinting,” and when a fan posts a video that contains XOS represented footage, the copyright enforcement team is notified and takes the appropriate action pre-determined by XOS and the partner. In addition to copyright and trade- mark management, XOS and You- 01
Transcript
Page 1: Digital Media & Licensing Newsletter

vI

XOS Partners with YouTube™; Grows Digital Network Offering

In this issue...

Main Feature ............... 1

Licensing ...................... 3

Legal Affairs ................ 5

Consumer Tech ........... 6

Industry News ............. 7

Get connected...

The XOS Blog

Learn More

Need Support?

ISSUE 01: APRIL 2012

XOS Digital has recently part-nered with Google™ and YouTube™ to create and

manage official YouTube channels for several of its collegiate athletics partners, including the Southeastern Conference, BIG EAST Conference, Mid-American Conference and the National Football Foundation. These channels, along with several launching later this year, will fall under the XOS Digital Sports Network on YouTube.

XOS Digital’s new YouTube affiliate channels will enable company part-ners to publish, manage and mon-etize their original content and full games on the YouTube platform – a task difficult to undertake previously.

Up until more recently, the copy-

right and trademark licensing indus-try referred to YouTube as the “wild west,” due to the explosive number of fans creating their own videos and posting them on the platform.

However, XOS can now track and manage content uploaded by fans, and take copyright enforcement ac-tion as necessary. Through YouTube’s exclusive Content ID system, XOS submits content for “fingerprinting,” and when a fan posts a video that contains XOS represented footage, the copyright enforcement team is notified and takes the appropriate action pre-determined by XOS and the partner.

In addition to copyright and trade-mark management, XOS and You-

01

Page 2: Digital Media & Licensing Newsletter

03

April 2012

02 Industry InsiderXOS Digital

New Licensing ProjectsFeature Film - The Dark Knight Rises

The Dark Knight Rises is the third and final installment in Christo-pher Nolan’s film series based

on the DC Comics character Bat-man, starring Christian Bale, Morgan Freeman, Michael Caine, Tom Hardy and Anne Hathaway. Eight years af-ter the events of The Dark Knight, the terrorist leader Bane arrives in Gotham City, pushing it and its po-lice force to its limits, and forcing its former hero Batman to resur-face after taking the fall for Harvey Dent’s crimes. Game-action video of the Nov. 4, 2006 UCLA vs. Cali-fornia and Sept. 16, 2006 Nebraska vs. USC football games, along with the Feb. 23, 2006 South Carolina vs. Georgia (SEC copyright) and Feb. 18, 2007 USC vs. Arizona State bas-ketball games were used as playback within a bar scene in Gotham City.

Feature Film - Superman: The Man of Steel

Warner Bros. Pictures is produc-ing the newest reboot of the iconic superhero saga, Superman. “Man of Steel,” produced and directed by Zach Synder (“300” and “Watch-men”) will co-star Kevin Costner, Henry Cavill, Amy Adams and Diane Lane, and is scheduled for release in 2013. XOS cleared game-action vid-eo and Kansas trademarks from the Sept. 6, 2008 Louisiana Tech vs. Kan-

sas (FSN copyright) football game within a scene in the Kent home during Superman’s teen years.

Fox Sports Interactive Media

XOS Digital secured the rights clear-ances to current season football and men’s basketball games for the South-eastern Conference, Pac-12 Confer-ence, Big 12 Conference, Conference USA, Mountain West Conference, Mid-American Conference, Sun Belt Conference, and Bowl Championship Series and Bowls for Fox Sports In-

teractive Media to display within its web platforms including foxsports.com, scout.com and mobile.

In addition, XOS Digital will also provide the following highlight pack-ages to Fox Sports Interactive Media throughout the college football and basketball seasons: Men’s Basketball NCAA Tournament Preview, NFL Draft Preview, NBA Draft Preview, Pre-Season Top 25 Football Preview, Pre-Season Top 25 Men’s Basketball Preview, Football Rivalry Preview, Heisman Preview and Bowl Preview.

Tube will also sell video and display advertising to run concurrently with partner content. Live events can also be streamed on a YouTube channel, offering partners an additional op-portunity for maximum fan expo-sure. XOS has the ability to mon-etize all content posted to channels via YouTube premium advertising campaigns.

Partners will still maintain full edito-rial and creative control including the ability to publish events such as press conferences, interviews, awards ceremonies and more. Part-ners can easily stream events live, and make those events available on

demand after its conclusion.

For partners that do not already have a YouTube channel, the XOS consumer marketing team can de-velop a channel with unique brand-ing. XOS will also train the appro-priate partner staff to upload videos through the XOS Vault™ for live streaming events and to manage fan videos.

YouTube is the world’s most popu-lar online video community, allowing millions of people to discover, watch and share originally-created videos. YouTube provides a forum for peo-ple to connect, inform and inspire

others across the globe, and serves as a distribution platform for origi-nal content creators and advertisers.YouTube boasts approximately 60 hours of new videos posted to its platform every minute. As such, it is the the third most visited website on the Internet. Four billion videos are streamed per day creating 800 million unique users a month. You-Tube is based in San Bruno, Calif. and is a subsidiary of Google Inc.

For questions regarding a YouTube channel strategy, please contact your Partner Relations Representative or e-mail [email protected].

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April 2012

Industry Insider

Legal & Business AffairsVeoh Not Liable in Copyright Infringement Lawsuit

and, therefore, wasn’t liable for copy-right infringement by users.

Specifically, the court ruled that Veoh’s general knowledge of infringe-ment occurring on its website was not enough to impose liability on the video sharing service. Rather, the court held that companies like Veoh only lose the safe harbor defense if they have “specific knowledge” of an infringing video and choose to do nothing about it. Veoh, however, pro-vided evidence to the court showing that it removed specific videos upon the request of the copyright owner and had implemented filtering tech-nology to combat pirated videos.

Legal analysts contend that the recent Veoh opinion could bode poorly for Viacom, which is in-volved in a similar ongoing legal dispute against Google’s You-Tube in the 2nd Circuit Court of Appeals.

AP Files Lawsuit Against News Aggregator for Copyright Infringement

XOS Digital

Advertising Spot - NBC Sports Network/Versus

NBC Sports is creating a new pro-motional spot that will feature clas-sic and recent student athletes say-ing “I Believe.” The spot will promote sports programming on NBC and its campaign centered on believing that anything can happen in sports. XOS cleared pageantry video from the Oct. 29, 2011 Oklahoma vs. Kansas State football game (FSN copyright) and the Feb. 26, 2011 BYU vs. San Diego State basketball for use in the national spot.

FilmOn.com

FilmOn.com is an Internet-based pay-for-video provider owned by FilmOn.TV Inc. This service features more than 150 streaming IP televi-sion channels in a subscription pack-age, in addition to pay-per-view and video-on-demand titles. In 2010, FilmOn.com launched a streaming Internet TV service for mobile de-vices including iPhone, iPad, Black-berry and Android. FilmOn.com’s subscription packages include more than 150 premium streaming TV channels worldwide, premium movie channels and pay-per-view channels, as well as more than 10,000 video-on-demand titles, including distribu-tion deals with Granada, CBC, IMG, Pitch International, Screen Media, Revelation Films, Cinetel Films, and Cirque Du Soleil. XOS Digital li-

censed full game re-broadcasts from 120 classic college football and bas-ketball games of the Southeastern Conference, Bowl Championship Series and Cotton Bowl.

2012 NFL Draft

XOS Digital has provided video content of the top 250-300 colle-giate football players entering the 2012 NFL Draft to major media outlets including NFL Network, Yahoo, Fox Sports and CBS Sports

Network. XOS also provided this video to numerous NFL teams in-cluding the New England Patriots, New York Jets, Miami Dolphins, Chi-cago Bears, Buffalo Bills, New York Giants and Carolina Panthers. The video highlights provided will be used for editorial coverage leading up to the 2012 NFL Draft as well as re-capping the team’s selections on Draft day.

The Associate Press (AP) last month filed a copy-right infringement lawsuit

in the Southern District of New York against Meltwater, a company that offers a paid clipping service. In its complaint, the AP alleges that Meltwater adds no additional cre-ative content or editorial commen-tary to publishers’ news stories and “has built its business on the willful exploitation and copying of the AP’s and other publishers’ news articles for profit.” Additionally, the AP ar-gues that Meltwater is misappropri-ating AP’s time sensitive scoops (i.e. its “hot news”).

Meltwater, which serves clients such as the U.S. Department of Home-land Security and Lexis Nexus, con-tends that it operates a complimen-tary service that directs its users to publisher websites, akin to other search engines. Therefore, it claims it is not in violation of any federal copyright laws.

AP, however, argues that Meltwater is different from other news aggre-gators that may link to AP content because Meltwater’s service is only available to paid subscribers and therefore is “not a means of expand-ing public access.”

The 9th Circuit Court of Ap-peals recently handed down an important ruling that ad-

dresses copyright liability for In-ternet service providers that host infringing works. The court ruled in favor of popular video sharing website Veoh in a large copyright infringement case brought by Uni-versal Music Group (UMG). The lawsuit, which was initially brought by UMG in 2007, alleged that Veoh’s services were akin to the now de-funct file sharing websites Napster or Kazaa, in that Veoh served as “a massive copyright infringer that has built its business on the back of others’ intellectual property.”According to the court however, Veoh qualified for the “safe har-bor” provisions afforded by the Digital Millennium Copyright Act

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07

Consumer Tech Update

Industry InsiderXOS Digital06

April 2012

Industry NewsNew XOS Partners

In March 2012, XOS Digital de-veloped and released official mo-bile and tablet apps for the West

Coast Conference, just in time for the West Coast Conference Men’s and Women’s Basketball tourna-ments. The WCC mobile apps pro-vide fans with access to schedules, standings, box scores, team and in-dividual stats, and access to select live streaming events. The WCC did not previously have smart phone or tablet applications, marking this as its first foray into the space.

Earlier this year, the WCC also part-nered with XOS and launched the WCC Affiliate Network for accred-ited news outlets within the region. The WCC Affiliate Network pro-vides a free digital video player which delivers near-live game highlights and the “WCC Wrap” studio high-light show for use in online sports reporting. Fans can access game highlights within these video play-ers, dubbed the WCC Video Zones, by visiting the online sports pages of participating news outlets, which in-clude KGA-AM, Spokesman-Review, The Oregonian and KHQ-TV.

In late February, XOS developed several components of the Big 12 Digital Network including Big 12 OnDemand, a Smart TV app and

the Big 12 Affiliate Network. Cur-rently, XOS represents the Big 12 Conference’s licensing and helps to support its highlights and digi-tal archiving activities. Big 12 fans now have the ability to access cur-rent season and archived games through the Big 12 OnDemand store and Smart TV app. Later this summer, local and regional news outlets in the Big 12 geographical footprint can take advantage of of-ficially licensed Big 12 game high-lights for online reporting via the Big 12 Affiliate Network.

Coming Soon

XOS Digital and Grand-AM Road Racing formed a partnership in fall 2011

which includes development of a Grand-AM Digital Network. XOS will initially develop a new website for Grand-AM and its multiple rac-ing series. Grand-AM fans will soon have access to unparalleled high-quality video content, all live timing and scoring information, and the live

MRN broadcast to watch all the ac-tion. The website launch will also in-clude an updated, more user-friendly WAP site, where fans can connect via on-the-go via smart phones.

Another exciting brand offering cur-rently under development at XOS is the Action Sports Digital Network (ASDN). The ASDN is a full-scale network which will be available on multiple technology platforms. The network will feature an extensive li-brary of historic content from Alan Gibby, action sports video pioneer. The ASDN will also offer never-before-seen footage from the ca-reers of the biggest stars in surf-ing, skateboarding, snowboarding and motocross. Gibby traveled the world chronicling action sports from its infancy, covering the blos-soming careers of Kelly Slater, Tony Hawk, Shaun White and many others. The ASDN will comprise a video-centric website, with a Video OnDemand store connected to Smart TV apps. XOS will also develop mobile and tablet apps as part of the digital network to pro-vide fans with access to content any-where they are connected. Addition-ally, XOS will serve as the exclusive licensing agency representing this unique archive of footage within the marketplace. Look for the Action Sports Digital Network to launch in late-Spring 2012.

Study: Apple’s iOS does better Wob handling HTML5

Both iOS and Android mobile op-erating systems support HTML5 in the browser, but according to a new study, Apple’s platform is doing a better job handling it.

Spaceport, a company that provides tools for mobile app developers, re-vealed in a recent study that Apple’s iPad handles HTML5 almost four times better in the mobile browser than competing Android-based tab-let devices. In the smart phone mar-ket, the average iPhone performance is about three times better than An-droid-based phones.

To obtain this data, Spaceport exam-ined the maximum number of im-ages that could be smoothly pushed

through HTML5 in mobile browsers. The best Android tablet was able to smoothly translate less than 100 im-ages at 30 frames per second. Apple’s iPad 2, on the other hand, smoothly translated more than 300 images at 30 frames per second.

XOS Digital currently builds iOS and Android native applications for its collegiate athletics partners in-cluding the Southeastern Confer-ence, BIG EAST Conference and Conference USA.

Roku introduces the Streaming Stick

Roku, an XOS Digital Smart TV partner and a company that helped popularize affordable streaming vid-eo boxes, is out to change the televi-

sion industry with its newest prod-uct, the Streaming Stick.

About the size of a typical USB flash drive, the Stick plugs into your TV and provides access to more than 400 Roku apps. It includes Wi-Fi ca-pabilities, a processor and storage.

Consumers who want access to TV apps, such as the SEC Digital Network and XOS College Sports, but who don’t want to add another box to their already over-burdened home entertainment collection will likely embrace the device.

The Streaming Stick will connect to an HDMI port on TVs. The only po-tential drawback is that a TV has to support the MHL protocol, which will allow the Stick to draw power through the TV and be controlled by a TV’s remote control. Newer HDTV sets made within the past five years should support MHL al-ready, but sets older than five years could be more problematic.

Available in the second half of 2012, the Streaming Stick will cost be-tween $50 and $100.

Roku’s new Streaming Stick

The new Big 12 Digital Network logo.


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