Thursday, January 24, 2008

UCLA 405.23 Class #3, 23 January 2008

Great class last night. Thanks for your enthusiastic participation!

NEWS TOPICS

Joyce cited a Cynopsis story about the growth in subscription services. Maybe it will finally catch on. It has been slow going for subscription music services like Rhapsody and Napster the past couple of years. Cynopsis also had a brief item about www.last.fm (owned by CBS) going to an Ad supported model with 3.5 million tracks and the support of the 4 majors.

Sylvia discussed a piece in www.arstechnica.com about music licensing starting a debate about what music licenses should cover. Donna was in favor of consumer convenience while Mark emphasized that artists need to get paid more directly without the traditional creative accounting of the Labels referencing the anecdote of Sting going bankrupt by being indebted to the label at one time. Bill, our class legal source mentioned the system of compulsory Vs blanket royalty pools. A subject for another course!

In my own work I am currently working on an Internet Radio service and will be registering with the government sanctioned SOUND EXCHANGE that administers the $.0018 per performance Internet Radio compulsory license fee with lots of restrictions.

I brought up the 700 Mhz Wireless spectrum auction that begins today as a milestone heralding the imminent demise of analog TV and the rise if ubiquitous wireless broadband. An interesting article in Infoworld on this is linked to here:
http://www.infoworld.com/article/08/01/24/How-the-wireless-spectrum-auction-could-change-your-life_1.html?t=sendEmail.jsp

Another great article in Infoworld is the 25 biggest tech flops of all time. Funny how things come around again in different forms.
http://www.infoworld.com/article/08/01/21/03FE-25-tech-failures_1.html?t=sendEmail.jsp

HISTORY OF CONTENT
Mark covered the history of content including the origin and evolution of Radio, TV and Film.

TRENDS
Stuart lectured on Media Tech megatrends and got through changing demographics and psychographics and the global growth in Internet usage to the current estimate of 1 billion people with China and Brazil growing the fastest.

We also did the informal survey on your monthly total ICE bill, Information, Communications and Entertainment discovering that it can easily top $500 per month. This demonstrates that pricing and economics will become increasingly important as there is more competition for a finite pie of discretionary consumer dollars.

MISC.
Fair Use
This comes up frequently and is frequently misunderstood. Its no surprise that are many busy copyright attorneys. So, to both clarify and add to the confusion, here is the actual text from the UNITED STATES CODE COPYRIGHT LAW ON FAIR USE:

§ 107. Limitations on exclusive rights: Fair use40
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Cool Video
Mark sent me this remarkably informative synoptic video about the evolution of Internet tech:
http://youtube.com/watch?v=NLlGopyXT_g

I will be in Chicago or Miami next week.

Our first speaker
will be on 13 Feb, the Founder and CEO of FABRIC INTERACTIVE (www.fabricinteractive.com) Erlend Wilhelmsen. A hot shop specializing in social network marketing.
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