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Intellectual Property and Metadata Management Assets, Rights, and Business Intelligence Ed Klaris - IP Attorney and Senior Media Executive.

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Presentation on theme: "Intellectual Property and Metadata Management Assets, Rights, and Business Intelligence Ed Klaris - IP Attorney and Senior Media Executive."— Presentation transcript:

1 Intellectual Property and Metadata Management Assets, Rights, and Business Intelligence Ed Klaris - IP Attorney and Senior Media Executive

2 Background Executive IP Advisor Senior Vice President of Editorial Assets and Rights Conde Nast General Counsel The New Yorker Media Counsel at ABC Litigation Attorney at Davis Wright Tremaine

3 What We’ll Cover Legal background The value of rights management Bringing together rights and digital asset management Using a rights expression language How to get started (a takeaway)

4 IP ≠ Internet Protocol Copyrights Trademarks Patents

5 Copyright Defined Literary, dramatic, musical, artistic, audio/visual, software, blueprints, etc Idea-Expression Dichotomy A divisible monopoly 70 years after death of author 95 years from publication 120 years from creation

6 Trademark Defined Word, phrase, symbol, or design that identifies and distinguishes the sources of goods of one from those others Must be used in commerce Fanciful: Exxon, Adidas Arbitrary: Apple, Amazon Suggestive: Microsoft Coca Cola Descriptive: Sharp, International Business Machines (IBM) Generic: , Tissue (Kleenex) Secondary Meaning Perpetual

7 Patents Defined Unique process, design or invention Monopoly for 20 years A process: investment strategy, computer software A machine: sewing machine, cigarette lighter, sewage treatment system An article of manufacture: eraser, tire hand tool A composition of matter: drug, soap An improvement of any of the above

8 Grant of Rights (c. 1998)

9 Oops

10 Stewart v. Abend (1990) New York Times Co. v. Tasini (2001) When Media and Entertainment recognized the need for rights management

11 Stewart v. Abend (1990)

12 New York Times Co. v. Tasini (2001)

13 Grant of Rights (c. 2014) a) General. If the Option is exercised, Company automatically and irrevocably shall own and be vested with, and Author automatically and irrevocably shall be deemed to have granted, conveyed, assigned, transferred and set over to Company, all right, title and interest (except for the “Reserved Rights” (as defined in Paragraph 9, below)) in and to the Property, including without limitation any and all copyrights therein and thereto (and all renewals, extensions, restorations and resuscitations thereof) and any and all rights (except for the Reserved Rights) under any and all such copyrights in perpetuity (but in any event for not less than the period of copyright and any and all renewals, extensions, restorations and resuscitations thereof), in any and all languages and in any and all media whether now known and used, now known and hereafter used, or hereafter known or created, for the entire universe (collectively, the “Rights”). Without limiting the generality of the foregoing, the “Rights” shall in any and all events include, without limitation, all right, title and interest in and to the following (except for the Reserved Rights): (i) the sole and exclusive “Production” (as defined below) rights, including, without limitation, the sole and exclusive right to produce one (1) or more Productions or other derivative works (including, without limitation, sequels, prequels, remakes, musicals and/or serials) based, in whole or in part, on the Property and the right to fix, reproduce, release, distribute, exhibit, perform, transmit, broadcast, advertise, promote and otherwise exploit such Productions or other derivative works by any and all means and in any and all media whether now known and used, now known and hereafter used, or hereafter known or created, including, without limitation, all of the following: theatrical; non-theatrical (including airlines, ships and other carriers, military, educational, industrial and the like); pay-per- view; home video (including videocassettes, digital videodiscs, laserdiscs, CD-ROMs, video-on-demand; near video-on-demand and all other formats); all forms of television (including pay, free, network, syndication, cable, satellite, high definition, Internet, mobile, and digital); subscription-on-demand; all forms of digital, mobile, or on-line exploitation, distribution and/or transmission (including, without limitation, the Internet), CD-ROMs, fiber optic or other exhibition, broadcast and/or delivery systems and/or computerized or computer-assisted media; all rights of communication to the public, rights of distribution to the public, rights of making available or other forms of public or private communication and/or distribution; and all forms of dissemination, communication or distribution to one or more locations or parties, whether embodied or transmitted utilizing analog, digital or other formats; (ii) all ancillary, incidental and subsidiary rights including, without limitation, all merchandising (e.g., games, computer, video and other electronic games, toys, comic books, apparel, food, beverages, posters, and other commodities, services or items) and Production-related publishing (e.g., so-called “making of books”, photonovel, screenplay publication), live radio, commercial tie-ins, co-promotions, music, music publishing, soundtrack, interactive media, multi-media, and theme park (or other “themed” or location-based attraction) rights in and to the Property; (iii) the right to make or publish excerpts, synopses or summaries of the Property for purposes of advertising, publicizing or exploiting the foregoing rights in and to the Property; (iv) the right for Company and/or Buyer and/or its or their respective parents, affiliates or subsidiaries to use the Property and/or any Production (or excerpts therefrom) in connection with general corporate or institutional uses (e.g., trade shows, promotions, financial prospectuses, annual reports, shareholders, investors, advertisers, developers, or investment analysts or for archival purposes) or for promotion of their products; and (v) the exclusive right to use the title or titles by which the Property may be now or hereafter known, or any components of any such title or titles (a) as the title of Productions and/or in connection with the advertising, marketing, publicity, promotion and other exploitation thereof, whether such Productions are based wholly or partially upon the Property or are independent of the Property, (b) in connection with songs, musical compositions, music or lyrics and/or phonorecords, whether or not included in any such Productions, and (c) in connection with the publication, recordation, performance, and any other use whatsoever of the foregoing items. Throughout the Option Period, and in perpetuity thereafter if Company exercises the Option, Company shall have the right (to be exercised in its sole discretion) to adapt, modify, fictionalize, add to or take

14 Rights In Contracts Broad Long Term Omni Channel Universal

15 Rights Out Contracts Narrow Short Term Defined Channels By Territory

16 Content IP Lifecycle Content Creation Delivery Channel Rights In Rights Out

17 Contract Abstraction Summary and interpretation of rights Generated by legal experts Insight into rights

18 Problems With Contract Abstraction Tower of Babel Pieter Bruegel The Elder c Rights definition are not standardized Systems cannot communicate Automation around rights analysis does not exist

19 Content Business Headwinds Declining RevenueMarket SaturationIncreased Competition

20 Content IP Headwinds Creating efficiencies around licensing and distribution Mitigating litigation Respecting copyright holder while still monetizing content

21 Operating in a Skill Silos DAM Digital Archivists Metadata Managers Taxonomists Content Specialists Technologists (DBA, Sys Admin) Lawyers Paralegals Database Administrators Rights

22 Operating in Data Silos DAMRights

23 Breaking the Skill Silos Digital Archivists Metadata Managers Taxonomists Content Specialists Lawyers Paralegals Technologists (DBA, Sys Admin) DAM + Rights

24 Breaking the Data Silo DAM + Rights DAMRights OR

25 Internal Strategy Flow DAM + Rights Business Intelligence Assets Finance Register Distribute/Track Track Decision Makers

26 Understanding Rights Expression Languages Machine readable rights data format Defines all permissions, prohibitions and duties of an asset Data can be embedded in a file or communicated in a separate file

27 Value of Rights Expression Languages Standard vocabulary Linking of assets to rights Queryable data Portable data

28 Types of Rights Expression Languages ODRL (Open Digital Rights Language) PLUS (Picture License Universal Systems) MPEG-21 (Motion Picture Experts Group)

29 Understanding ODRL W3C working groupAdopted by IPTC and IdeaAlliance Common Vocabulary of Actions and Constraints Common Model of Entities Policy PartyPermission Prohibition Duty Asset Constraints Actions

30 ODRL Use Case (Contract Language) Syndication Rights: Freelancer further grants Company the non-exclusive, unrestricted right, for the full term of copyright, to syndicate and/or license the Work to one or more third parties throughout the world in all languages, and to retain third parties to do so. Company will pay Freelancer forty percent (40%) of all net proceeds received by Company from such syndication/licensing. The Rights, Warranty, and Miscellaneous provisions of this agreement shall apply to all such syndicated or licensed use. The rights granted by any other provision of this agreement shall fall outside of this syndication/license right.

31 ODRL Use Case (Contract Language) Syndication Rights: Freelancer further grants Company the non-exclusive, unrestricted right, for the full term of copyright, to syndicate and/or license the Work to one or more third parties throughout the world in all languages, and to retain third parties to do so. Company will pay Freelancer forty percent (40%) of all net proceeds received by Company from such syndication/licensing. The Rights, Warranty, and Miscellaneous provisions of this agreement shall apply to all such syndicated or licensed use. The rights granted by any other provision of this agreement shall fall outside of this syndication/license right.

32 ODRL Use Case (Markup)

33 ODRL Rights Query Who can I distribute this asset to? Do I have exclusivity to license this asset? Approach: find answers to questions by using search or business intelligence tools to surface the underlying rights expression information How much does the creator get paid for the sale of each asset?

34 Conceptual IP Architecture Business Intelligence DAMRights ManagementFinance ERP Ingestion Workflow Metadata Management Search Export Contract Linking Contract Abstraction Permissions Request Royalty Calculations Forecast Management Revenue Management Search, Reporting, Data Visualization

35 Rights, Assets and Business Converging Rights Assets Business Look at your data holistically Build relationships between processes and systems Create frictionless distribution to delivery channels Track and analyze your effort

36 How to Get Started (A Takeaway) Look at best practices Align your skills and teams properly Develop ways to create consistent expressions of rights Build or buy a scalable (portable/interoperable) system Iterate as needed

37 Thanks Ed Klaris - IP Attorney and Senior Media Executive //


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