Anita Ondine: Innovating legal and Finance Models

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

Twitter

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: anita@anitaondine.com

www.anitaondine.comwww.transmedianext.com

Transmedia...grows because we grow

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