2 transmedia storytelling & derivative rights

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An Overview of New Legal Challenges Connie J. Mableson, Mableson Law Group SELSA Annual Conference 2010 Connie J. Mableson, October 30, 2010 SELSA

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2 transmedia storytelling & derivative rights

Transcript of 2 transmedia storytelling & derivative rights

Page 1: 2 transmedia storytelling & derivative rights

An Overview of

New Legal Challenges

Connie J. Mableson, Mableson Law GroupSELSA Annual Conference 2010

Connie J. Mableson, October 30, 2010 SELSA

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1. Right to make Copies

2. Right to Distribute

3. Right to Perform

4. Right to Display

5. Right to make Derivative works

Connie J. Mableson, October 30, 2010 SELSA

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A derivative work is a work based on or derived from one or more already

existing works.

Connie J. Mableson, October 30, 2010 SELSA

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Book to Movie

Comic Book to Movie

Painting (original) to Prints/ Lithographs to Posters

Adaptations – Play to Film; Play to Novel

Typically no creation of a new storyline unless it is necessary to the adaptation. When there is a new storyline or character, sometimes audiences get upset (as well as the author if no creative control)

Connie J. Mableson, October 30, 2010 SELSA

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Films (Theatrical , TV, hotel-motel, in-flight, public transportation, home video, netflix downloads, sequels, prequels and spin-offs)

TV (free, cable, network, premium subscription, PPV, syndication, foreign)

Musical Composition (foreign language)(SR use, music on hold, dance studio, bar-restaurant, grocery store, concert venues, other uses)

Sound Recording (album version, single version, radio version, extended version-radio, dance mix, extended dance mix, madonna mix, club mix, DJ mix, synch use)

Connie J. Mableson, October 30, 2010 SELSA

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Derivative Rights are called Ancillary, Subsidiary & Allied Rights

Publishing Contract with Book publishing House

Grant of Rights from Author to Publisher Primary Rights are publishing rights, hardcover

rights, trade paperback Subsidiary Rights are mass market, audio books, e-

books, foreign translation, book club, serialization Allied Rights include dramatic rights, movie and

TV rights

Connie J. Mableson, October 30, 2010 SELSA

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Written narrative Oral, written (book), dramatic/theatrical (plays,

film) Every communication tells a story Essence of a good entertainment property is good

story telling “Entertainment Property” = creative property &

beyond- books, film, music, visual art, dance, dramatic and theatrical, games (real or virtual/MMOs), sports game…

Entertainment Property= Entertainment Experience= Entertainment Economy = Storytelling (live or recorded)

Connie J. Mableson, October 30, 2010 SELSA

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Was MIT media studies professor and in a 2003 MIT Technology Review Article referred to “TransmediaStorytelling”

Wrote Convergence Culture and described it as the notion of spreading narrative across multiple media platforms with the aim of having each platform contribute something integral to an over all storyline.

The notion of convergence culture is not primarily a technological revolution; Jenkins shows that it is more a cultural shift, dependent on the active participation of the consumers working in a social dynamic. He references media franchises like Survivor, The Matrix, and American Idol to show how the new participatory culture of consumers can be utilized for popular success and increased exposure

Transmedia looks at narrative as a HYPERSOCIAL activity in which a story can evolve across multiple platforms, with multiple story arcs, manifesting in an array of products and various revenue streams.

Connie J. Mableson, October 30, 2010 SELSA

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Trans= Multiple story lines, story arcs

Media = platforms and media outlets

A transmedia story unfolds across multiple platforms, with each new text making a distinctive and valuable contribution to the whole. In the idea form of transmediastorytelling, each medium does what it does best – so that a story might be introduced into a film, expanded through television, novels and comics.

Connie J. Mableson, October 30, 2010 SELSA

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Transmedia storytelling occurs when an integral element of a fiction gets disbursed across multiple channels – to create a unified and coordinated entertainment experience. Ideally content produced on each medium makes it own unique contribution to the story. So this content not only becomes part of the branding, but also part of the exposition. Think of it as content that transcends the original medium to become richer and more enjoyable through the participation of fans.

Connie J. Mableson, October 30, 2010 SELSA

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Multi-arc storytelling

Multi point of entry

Immersive

Take the story in a new direction

Multiple story lines

World building

Audience Interactivity

Immersing an Audience in a story world and engaging them with interactivity

Telling good stories

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Multiple forms of media

Multiple Platforms (hardware/devices & Software on a device)

Active Audiences/Active consumer

Multiple Audiences – engagement based entertainment

Platforms = theatre, tv, web, Facebook friends, MMOs, RPG’s, Augmented Reality, Alternate Reality Games, Virtual Reality Spaces, mobile devices, iPad, twitter, Flickr,

Connie J. Mableson, October 30, 2010 SELSA

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The filmmakers plant clues that won’t make sense until we play the computer game. They draw on the back story through a series of animated shorts, which need to be downloaded off the web of watched of separate DVD. Fans raced, dazed and confused, from the theatres to plug into Internet discussion lists, where every detail would be dissected and every possible interpretation debated. (The Matrix)

Connie J. Mableson, October 30, 2010 SELSA

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First transmedia franchise

Films –story line

Books- different story lines

Merch, tie-ins, endorsements, sponsorships

Role playing groups

Small group of people dedicated to building r2d2 units at home (audience participation/community formation)

MMORPG - different story line. Player starts out as Darth Vadar and then moves away from the dark side but not until lots of game play.

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Book -HARRY POTTER by JK Rowling

Primary Rights are publishing rights, hardcover rights, trade paperback, mass market,

Ancillary Rights are audio books, e-books, foreign translation, book club, dramatic right, film rights…

Potter Stuff

Active Engagement and Immersion

http://www.universalorlando.com/harrypotter/

RPG

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Connie J. Mableson, October 30, 2010 SELSA

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Marketing Transmedia Builds a story around a brand or a specific

property OLD SPICE

Created individualized story lines deriving from original story lineCross PlatformAudience Participation/ImmersionUser Generated Content

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TV Ads started it all

AD1

July 13 one day 74 personalized vids shot based on Tweets from people wanting the old spice man to personalize an ad for them

On Twitter, @GStephanopoulos wrote "@OldSpice Hey Old Spice Man -- Political question: President's lost some female support. How does WH get those women voters back?"

GeorgeVid

Voicemessage - created by independent group of people (audience or user generated content)

Voicemail

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Represent the Actor or the Ad Agency/P&G

Question: What will the actor be doing?Old Answer: Principal performer in a TV commercial

New Answer: TV CommercialTweet or allow us to Tweet for him(name and likeness issues)Photo StillsPersonalized Vids (Trans – story lines)Print CampaignNew Content and approval issuesSocial MarketingPersonal Appearances (tours, freebies, give aways)Merchandise (on the deodorant, calendar)

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Film, 2 console games, books, action figures, clothing, etc. Augmented Reality Mattel brings innovation to the toy aisle with augmented

reality, marking the first time the technology has appeared in a retail toy product. Each action figure, vehicle and creature will come with a 3-D web tag, called an i-TAG, which consumers can “scan” using a home computer’s webcam. Scanning the i-TAG will reveal special content onscreen unique to the corresponding product. Exact content varies for each item, but could include biographical information, additional images and animated models of the figures. When the i-TAG for deluxe figures, vehicles or creatures are placed under a webcam, animated 3-D models will “come alive” through engaging, evading or defending moves. Place two i-TAGs from the “Battle Pack” together and the 3-D images will interact with each other.

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ToyReview

Battlepack

Toys and games feed back to movie

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A Transmedia Narrative project or franchise must consist of three (or more) narrative storylines existing within the same fictional universe on any of the following platforms: Film, Television, Short Film, Broadband, Publishing, Comics, Animation, Mobile, Special Venues, DVD/Blu-ray/CD-ROM, Narrative Commercial and Marketing rollouts, and other technologies that may or may not currently exist. These narrative extensions are NOT the same as repurposing material from one platform to be cut or repurposed to different platforms.

A Transmedia Producer credit is given to the person(s) responsible for a significant portion of a project’s long-term planning, development, production, and/or maintenance of narrative continuity across multiple platforms, and creation of original storylines for new platforms. Transmedia producers also create and implement interactive endeavors to unite the audience of the property with the canonical narrative and this element should be considered as valid qualification for credit as long as they are related directly to the narrative presentation of a project.

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1. Blurring between ancillary, subsidiary and allied rights. 2. Content creators (writers) additional exploitations thru

Transmedia that will have to be considered in licensing deals.

3. “Rights conveyed” language in license deals must be closely scrutinized.

4. Need to ask forward thinking questions about what the IP may be used for (future rights).

5. As a practitioner, need to keep a list of all the platforms, all the allied rights and keep updating it.

6. Characters are more important than ever. Character protection is complicated already.

7. Territorial rights may become significant. 8. Transmedia is still experimental and currently is a risky

venture (business side). But without acquisition of proper legal rights, it cannot be done.

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Thank youConnie J. Mableson

Connie J. Mableson, October 30, 2010 SELSA