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The Internet is forcing the movie industry to adapt its current business model in order to keep up with the online trend. With the growing popularity of online movie download sites, Hollywood will have to figure out a way to compete. This article featured in The Economist argues that if the film industry embraces the Internet they will profit considerably more than if they were to fight it. One of the most advanced Internet distribution sites is ZML.com, which offers over a thousand films for download to various devices at low costs and good quality. Unfortunately for Hollywood, this website is a pirate site. Piracy and the increased accessibility pirates have to online material discourages the film industry from making titles accessible on the web. While film industry has always been slow to accept new technologies, failure to do so with the Internet could result in damaging effects. The article points out that studios such as Paramount and Disney were opposed to the DVD at its inception, primarily because they would rather keep their stringent business model than adapt to a new one. Still, some studios are embracing the Internet and its potential to spur new revenue.

While some studios have helped to create legal online rental services, they have reaped little success. The author suggests that download-to-buy options would be more profitable and could show the movie industry the capabilities of the Internet. In addition, the current sites are not particularly enticing for users because the movies offered are second-rate--with very few blockbusters or major hits available. The article goes on to explain the reasons for Hollywood's reluctance to go online. Most notably, the DVD industry is so popular that they fear risking such a large source of revenue. In reality, the industry could profit by increasing the amount of titles available through an infinite online database rather than through limited shelf space in DVD rental stores. Regardless, there exists technological obstacles that are difficult to combat. For example, download times can reach up to an hour and most people would rather watch movies on their televisions than on their computers. Lastly, the "lack of common standards" prevents a uniform system for online distributors. Despite these challenges, the article points out the potential remedies and the various ways the industry is currently taking steps towards overcoming these difficulties.

Although wary of what the Internet may bring, the industry recognizes its potential to reach the masses. Studios spend a significant percentage on online marketing because it is so successful and provides beneficial feedback. By targeting substantial groups interested in specific subjects, the industry can use this response to shape their films. The most promising invention described is the flash-memory enabled kiosk, which "overcomes many of the weaknesses of the present model and the current deficencies of the Internet," says Mr. Lieberfarb, who is on the board of MOD Systems.This article directly aids my paper through its summarization of the multitude of adaptations and inventions that film industry has had to make in such a digital world. It is apparent that the movie industry must adapt if it does not want to falter in this digitally advancing society.

This book presents a guide to the resource acquisition, legal, and financial necessities of producing an independent film.  Every aspect of the planning and execution of the business side of filmmaking is discussed, including hypothetical situations based on the personal experience of the entertainment lawyers who co-authorized the book.  The book introduces the roles of producer and lawyer, then outlines the film development process through deal making, financing, hiring, licensing and distribution.

As is pertains to my project, this book provides valuable insight into the warranted concern that filmmakers have had with the 21st century dispute over Internet distribution rights.  In the case of Viacom v. Youtube, the exclusive rights per the 1976 Copyright Act for copyright owners to reproduce their works became the basis for allegations against YouTube for a count of direct copyright infringement.  The authors of this book advise filmmakers to negotiate with distributors on the basis that they "cannon distribute on the Net until there is adequate 'border protection' to prevent access outside licensed territories" (132).

Erickson, Gunnar, Harris Tulchin, Mark Halloran, and J. Gunnar Erickson. The Independent Film Producer's Survival Guide: A Business and Legal Sourcebook . New York: Schirmer Trade Books, 2005

 

    This is a particularly great article for a number of reasons; however, those reasons will be discussed after a brief discussion of its contents. This piece, by regular contributor Bob Garfield, gives an overview of the purpose of YouTube and what it is, video advertising (in all its forms), and the recent purchase of YouTube by Google, inc.

It talks about, among various other things, the 1.65 billion paid for it in Google stock, the outrageous number of 65,000 (which is the number of videos uploaded everyday onto YouTube), and the reasoning why YouTube has such popular viral videos. The last statement was proved in the article by this quote:

“It’s said that if you put a million monkeys at a million typewriters, eventually you will get the works of William Shakespeare. When you put together a million humans, a million camcorders, and a million computers, what you get is YouTube.”

This article would be superb to cite in a piece on YouTube, like I previously stated, numerous reasons. For starters, the article gives and overview of YouTube for those not formerly acquainted with the site. This is a great article, since it explains to reader how the entire process works. It would also shed some light on the culture of the site and the community that worships it. The article at about halfway through switches gears and begins to talk about the ramifications that YouTube is having in the Advertising industry, the recent decline of mass advertising, and the fall of TV Commercials. This would fit into an essay well because I believe it will certainly add depth to my explanation of the new culture that is arising in our society, the new digital culture, one of Tivo, viral video, and iTunes. All together, this article would be indispensable for any essay on remix culture. It’s a great read, that’s chalk full of good information, quotes, and anecdotes that would definitely spice up any essay about YouTube or other remix sites.

The main purpose of this article would be to introduce the concept of the “mashup” to the reader. Written as a somewhat filler piece for the March 6th’s Newsweek, it’s short, sweet, and to the point. The author intends to write to a slightly older audience, and begins his article with this sentence: “Unless you're a geek, obsessed with DJs or under the age of 35, chances are you've never heard the word ‘mashup.’” This shows that the piece is actually perfect for my aforementioned plan of introducing the concept of “mashups” to anyone not acquainted. A great part of this article is that it actually breaks “mashups” into the three categories that it can be created within: Video, music, and “web apps.” Although the third category of “web apps” is great, (and a big, meaningful part of the internet and the Web 2.0 movement) I don’t believe that it would have much use in an essay about more artistic “mashups” and the new electronic remix culture.

    In any case, like previously stated, the article gives great examples of creative “mashups” such as DJ Dangermouse’s "The Grey Album," which took the lyrics from Jay-Z's "The Black Album" and mashed them with the Beatles' "White Album,” a plethora of Brokeback Mountain parodies (which are well within the bounds of fair use), and a “mashup” of Tom Cruise's appearance on "Oprah" where he confessed his love for Katie Holmes, juxtaposed against Oprah’s with her scolding of the author James Frey. As far as articles on internet sensations go, with many examples, and a sufficient definition, this piece is some of the best information an individual can find on the ever changing pop culture craze that is the “mashup.”

This article is written by the Center for Democracy and Technology, a non-profit interest group that “seeks to promote free expression, privacy, and individual liberty on the open, decentralized internet.” This document “outlines the limits on the scope of secondary copyright liability,” looking at the Grokster decision, the landmark decision in Sony Corporation of America v. Universal City Studios, Inc. (1984), and patent law precedents relating to inducement liability. The goal of this investigation is to make sure that "secondary liability for copyright infringement does nothing to compromise legitimate commerce or discourage innovation having lawful promise.’” The Grokster case and the Sony decision can obviously be looked at be looked at individually, but this article does a nice job of synthesizing the information and explaining how they impact each other.

The article focuses on the new implications of the “inducement test,” what repercussions the situation has for the Sony rule and what this all means for vicarious liability. The article focuses on one key difference in clarification between the Grokster and Sony decisions. The language in the Grokster decisions "suggests that the Sony test focuses on 'substantial' non-infringing uses, not 'commercially significant' non-infringing uses." With Grokster, the emphasis was certainly placed on the commerical uses of the site. Monetary gains became one of the most significant factors of the case, not just ethical or legal implications. Certainly the internet is just as much a business as any other commerical frontier in the world, but more and more - especially illustrated with the Grokster decision - financial viability is the determining legal decision making. For example, today YouTube is currently seen as protected by the safe harbor provison, although some of the content being posted on YouTube today was possibly (or probably) also availible on Grokster. YouTube has been able to position itself not only in a safe harbor in a legal sense, but also in a financial sense by teaming up with companies who own many of the copyrighted works that are being infringed.

Of course the Sony case was also motivated by money, but more than ever before the current world of the web and the sites that are allowed to function within its borders are completely a function of their monetary potential for copyright holders. Grokster was taken to court because it posed a threat to the financial success of copyright holders. YouTube poses a similar threat as well, but thus far has been able to keep in partnership with the people who would be taking them to court in the first place.