Xm Paper 2013
-
Upload
chrisdoval -
Category
Documents
-
view
223 -
download
0
Transcript of Xm Paper 2013
-
8/12/2019 Xm Paper 2013
1/16
A Look at Digital Audio
Transmission and theTrouble with Innovation
and Copyright
Christopher Doval, Esq.Assistant Professor of Management and Marketing
Reginald F. Lewis School of BusinessVirginia State University
http://christopherdoval.com
-
8/12/2019 Xm Paper 2013
2/16
Historically copyright law
is a story of legislative response to newtechnology undermining the rights ofcreative works.
Creators Investors
-
8/12/2019 Xm Paper 2013
3/16
Copyright Act of 1976
The right to exclude!
Derivative works Coping
Distribution
Public Performance and Display
-
8/12/2019 Xm Paper 2013
4/16
Digital Performance in SoundRecordings Act of 1995
Creates a right to exclude others frompublicly performing your copyrighted workby digital audio transmission.
Musical Compositions v. SoundRecordings.
-
8/12/2019 Xm Paper 2013
5/16
Compulsory Licensing
An Exception to Copyright Law
Compulsory licensing provides lowerroyalties and no bargaining power.
Royalty rate set by Congress
-
8/12/2019 Xm Paper 2013
6/16
-
8/12/2019 Xm Paper 2013
7/16
Type 1 of 3 Non-SubscriptionBroadcast Transmission
AM/FM Radio
Little interaction with content by theconsumer
How does Frank Sinatra get paid? Advertising!
Negligible innovation in industry Cars? Streaming? HD?
-
8/12/2019 Xm Paper 2013
8/16
Type 2 of 3 SubscriptionTransmission
Satellite Radio XM pays 7.5% of Revenue to Royalties
How does Frank Sinatra get paid? By Compulsory License!
1. Controlled and Limited Transmissions 2. To subscribers
What do consumers want? Content! Interaction
-
8/12/2019 Xm Paper 2013
9/16
A Bit of Controversy The Inno
XM + MP3
One Touch Recording And Purchase thru
Napster
Marketed andDesigned for the
recording of 50 hoursof satellite radio
-
8/12/2019 Xm Paper 2013
10/16
XM gets sued for defaulting tocompulsory licensing.
Subscription Transmission orDigitalDownload Service?
Time shifting? Sony v. Universal
Whats their defense?
-
8/12/2019 Xm Paper 2013
11/16
RIAA v. XM Settlement 4 Unique Settlements
EMI
Sony BMG
Warner
Universal
Undisclosed Multi-year Agreement regardingXM radios with "advanced recording
functionality,"
Crippling of 50 hour functionality to 10
-
8/12/2019 Xm Paper 2013
12/16
Type 3 of 3 Interactive Services
iTunes - Digital Download Services a bit over break-even2.25.10
Pandora 50% of Revenue goes to Royalties
How does Frank Sinatra get paid? Negotiations Required. Money wins and startups struggle
Tiered deployment based off of capital
The transmission of a particular soundrecording . . . which is selected by or onbehalf of the recipient
-
8/12/2019 Xm Paper 2013
13/16
Historically copyright law
is a story of legislative response to newtechnology undermining the rights of creativeworks.
We dont know the world our kids are going tolive in.
Deregulate to support creativity The Internet it notoriously unregulated.
All audio transmission services want to beinteractive and consumers want to interact withthem.
-
8/12/2019 Xm Paper 2013
14/16
Thoughts on Business Models Innovators are controlled by their content
Non-Subscription Broadcast Transmission Archaic?
Subscription Transmission Archaic?
Interactive Services Too Expensive, but the future!
-
8/12/2019 Xm Paper 2013
15/16
Conclusion
Is it time for a change of ground rules toshake up three stifled and legislativelydictated industries?
Lobbyists?
-
8/12/2019 Xm Paper 2013
16/16
Any questions?