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How to Cope W ith Content D ivers ity?
© 2010 Nokia IFCLAcontent.ppt/ 2010-06-11 / KOL
Kaisa OlkkonenVice President, Legal & IP, S ervicesNokia Corporation
2 © 2008 Nokia
Outline
• Nokia and content diversity.
• Journey from a technology company to solutions company– two cultures?
• Challenges in managing diversity.
• Tools to be used in managing complexity created by diversity – Example cases
Ovi M ail: available virtually
everyw hereN ok ia
M essag ing : 80 + operators
20 + lang uag es
Ind ia, Indonesia,
ChinaHealth,
A g riculture, Education
Hyper-localized
Global Ovi M aps coverag e
D rive & W alk navig ation in 70 +
countries40 + lang uag es
30 + m ark ets20 + lang uag es
20 + devices enabled
9M + track s available
© 2010 Nokia 3
10 ,0 0 0 + content item s per
popular deviceM obile b illing : 75
operators , 22 countries
30 lang uag es
4 © 2008 Nokia
From Technolog y to M edia and Content deals
• Technology deal characteristics:
• Often dealing with one party only.
• Parties having a clear understanding of the technologies involved and use of it.
• Parties having a clear understanding of what the rights necessary for the collaboration are and from where they are available.
• The legal instruments and rules are established and fairly clear. “International contract law” applies to a high extent.
• Global reach of the agreements.
• Practice of completed and signed agreements before deployment.
5 © 2008 Nokia
From Technolog y to M edia and Content deals
• Media/Content collaboration deal characteristics:
• Often a big number of parties involved – rights to be acquired from a group of rights holders.
• It is not always crystal clear to whom you need to turn to in order to acquire all the rights you need.
• R ights are limited by territory.
• Licenses are very specific, expanding e.g. the feature set requires amendments to licenses.
6 © 2008 Nokia
From Technolog y to M edia and Content deals
• New characteristics in media/content collaboration versus the technology world:
• Advance payments – upfront investment required.
• Most favored nation clauses – are the deals really comparable?
• Non Disclosure Agreements not always a standard practice.
• Very limited indemnities – if any. • E-mail and even oral agreements triggering
deployment - documentation comes later.
7 © 2008 Nokia
Challenges in Managing Diverse Content Activity
1. Existing business and deal making practices may not fit to the new business models. • Creativity and open mindset needed on both sides of the negotiation table.
2. Finding the correct balance between risk and opportunity in the new business models. • A good understanding of real risk exposure and mitigation possibilities
needed. 3. Unclear and untested legislation, or different interpretations of legislation
per country or per different courts. • Regulatory influencing needed as a long term action.
8 © 2008 Nokia IFCLAcontent.ppt / 2010-06-11 / KOL
Challeng es in M anag ing D iverse Content A ctivity
4. Building up the teams ́competencies in the diverse areas of business – locally and globally. • Training, coaching and teamwork needed.
5. Resourcing combined with the challenging economical environment.• High need for efficiency in all operations.
9 © 2008 Nokia IFCLAcontent.ppt / 2010-06-11 / KOL
Tools to m anag e the D ivers ity - Exam ples
1. Case Application Distribution: Balancing the risk and opportunity.
2. Case New Business Model for Music: New business models, creativity and influencing the external environment.
3. Case Nokia Legal & IP Way of Working: Building competencies and achieving efficiency.
10 © 2008 Nokia IFCLAcontent.ppt / 2010-06-11 / KOL
A pplications – a B alance of R isk and Opportunity
• Consumer relationship and the liability risk. • Quality assurance systems – finding the correct balance.• Deploying available technological solutions to mitigate liability risks. • S ervice terms and conditions – providing good user experience and still also reasonable
legal protection to you.
• Developer ecosystem and relationship. • Your license to the developers – under what IPR and under what terms? • Do you wish to protect the consumers? Terms about virus and malware protection, data
protection and privacy requirements of applications and requirements of information developers will need to provide to users.
• S mall enterprises and private persons as developers – risk evaluation based on past experiences and e.g. distribution model.
11 © 2008 Nokia IFCLAcontent.ppt / 2010-06-11 / KOL
A pplications – a B alance of R isk and Opportunity
• Efficiency of the application deal making.• Defined business models to be used globally and locally – possible to create a
tool kit for deal making. • From individual agreements to click through licenses. • Automated intake systems
• Unauthorized content in applications.• Defining developer categories and allowed content types per category.• Weighing the benefits of different moderation concepts versus the desire to
maintain the safe harbor protection. • Considering using watermarking or filtering technologies.• Building an effective notice and take down process and practice.
12 © 2008 Nokia IFCLAcontent.ppt / 2010-06-11 / KOL
A new bus iness m odel in m us ic - learning s
• Creating a win – win business model attractive to all involved business players and the users is a critical starting point.
• Identify partners that are ready to act as change agents in their own industry.
• Prepare for iteration and next versions of the model – new business models evolve quickly when the parties start getting the market feedback.
• In markets where regulation influences the rights and roles of some players, regulatory influencing is needed to ensure long term predictability of the environment.
13 © 2008 Nokia IFCLAcontent.ppt / 2010-06-11 / KOL
A new bus iness m odel in m us ic - learning s
• EU music licensing as an example:• S tatic tariff based systems will not support the agility and experimentation
required in testing new business models and consumer propositions.
• Willing licensors and licensees should be free to negotiate and agree terms,
ability to negotiate customized licensing solutions for innovative new services is
needed.
• Licensing should allow consumers to access digital services from anywhere
within the EU and repertoire has to be made available on a pan-European basis.
• Finding the new win-win business models is critical for speed. Regulation will
not change fast enough , but can help building a predictable environment and
in setting the basic operating principles for the markets.
14 © 2008 Nokia IFCLAcontent.ppt / 2010-06-11 / KOL
A n A g ile and Effi cient Leg al & IP Team• Business integration:
• Lawyers part of the management team work with a good insight to the business
priorities and direction.
• Lawyers part of brainstorming the new win – win business models.
• Lawyers feeling true ownership of the initiatives, together with the business
teams.
• Building competencies to fulfill the ever expanding needs:• First deep hands on involvement in a certain area of work – competence grows
fast.
• Juniors shadowing seniors – return of the investment is fast.
15 © 2008 Nokia IFCLAcontent.ppt / 2010-06-11 / KOL
A n A g ile and Effi cient Leg al & IP Team• Motivating the team to learn:
• Use internal key resources to handle all strategic deals. • Use external experts to speed up the competence development in the
background.• Offer to substance area experts a possibility to expand their role without giving
up the ”old” area of expertise altogether.
• S top double work: • Use global communities working across any organizational structures to ensure
alignment and sharing.• Create tools and guidelines in such communities to take all market interfacing
expertise into use.
• Organizational structure:• Consider structures where the business integration aspect can be combined
with a global community thinking – typically not a traditional line organization.
C lic k to edit M as ter s ubtitle s tyle
© 2010 Nokia IFCLAcontent.ppt / 2010-06-11 / KOL
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