Intellectual Property and Metadata Management
Assets, Rights, and Business Intelligence
Ed Klaris - IP Attorney and Senior Media Executive
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
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)
IP ≠ Internet Protocol
Copyrights
Trademarks
Patents
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
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: E-Mail, Tissue (Kleenex)
Secondary Meaning
Perpetual
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
Grant of Rights (c. 1998)
Oops
Stewart v. Abend (1990)
New York Times Co. v. Tasini (2001)
When Media and Entertainment recognized the
need for rights management
Stewart v. Abend (1990)
New York Times Co. v. Tasini (2001)
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-perview; 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
Rights In Contracts
Broad
Long Term
Omni Channel
Universal
Rights Out Contracts
Narrow
Short Term
Defined Channels
By Territory
Content IP Lifecycle
Rights In
Content Creation
Rights Out
Delivery Channel
Contract Abstraction
Summary and interpretation
of rights
Insight into rights
Generated by legal experts
Problems With Contract Abstraction
Rights definition are not standardized
Systems cannot communicate
Automation around rights analysis does not exist
Tower of Babel
Pieter Bruegel The Elder
c. 1563
Content Business Headwinds
Increased Competition
Market Saturation
Declining Revenue
Content IP Headwinds
Creating efficiencies around licensing and distribution
Mitigating litigation
Respecting copyright holder while still monetizing content
Operating in a Skill Silos
DAM
Rights
Digital Archivists
Lawyers
Metadata Managers
Paralegals
Taxonomists
Database Administrators
Content Specialists
Technologists (DBA, Sys Admin)
Operating in Data Silos
DAM
Rights
Breaking the Skill Silos
DAM + Rights
Digital Archivists
Lawyers
Metadata Managers
Paralegals
Taxonomists
Technologists (DBA, Sys Admin)
Content Specialists
Breaking the Data Silo
DAM + Rights
DAM
OR
Rights
Internal Strategy Flow
Register
Distribute/Track
DAM + Rights
Track
Assets
Finance
Decision Makers
Business Intelligence
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
Value of Rights Expression Languages
Standard vocabulary
Linking of assets to rights
Queryable data
Portable data
Types of Rights Expression Languages
ODRL (Open Digital Rights Language)
PLUS (Picture License Universal Systems)
MPEG-21 (Motion Picture Experts Group)
Understanding ODRL
W3C working group
Adopted by IPTC and IdeaAlliance
Common Vocabulary of Actions and Constraints
Common Model of Entities
Policy
Party
Permission
Asset
Prohibition
Duty
Actions
Constraints
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.
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.
ODRL Use Case (Markup)
<o:Policy xmlns:o="http://www.w3.org/ns/odrl/2/" type="http://www.w3.org/ns/odrl/2/Offer" uid="http://example.com/policy:0231">
<o:permission>
<o:asset uid="http://example.com/image:4545" relation="http://www.w3.org/ns/odrl/2/target"/>
<o:action name="http://www.w3.org/ns/odrl/2/distribute"/>
<o:constraint name="http://www.w3.org/ns/odrl/2/recipient" operator="http://www.w3.org/ns/odrl/2/eq" rightOperand="All Parties”
<o:constraint name="http://www.w3.org/ns/odrl/2/region" operator="http://www.w3.org/ns/odrl/2/eq" rightOperand="All Regions”
<o:constraint name="http://www.w3.org/ns/odrl/2/language" operator="http://www.w3.org/ns/odrl/2/eq" rightOperand="All Languages”
<o:duty uid="d1">
<o:action name="http://www.w3.org/ns/odrl/2/compensate"/>
<o:constraint name="http://www.w3.org/ns/odrl/2/percentage" operator="http://www.w3.org/ns/odrl/2/eq" rightOperand=".40"
dataType=”http://www.w3.org/2001/XMLSchema:decimal”>
</o:duty>
</o:permission>
<o:prohibitions>
<o:action name="http://www.w3.org/ns/odrl/2/ensureExclusivity"/>
</o:prohibitions>
<o:/policy>
ODRL Rights Query
Who can I distribute this asset to?
Do I have exclusivity to license this asset?
How much does the creator get paid for the sale of each asset?
Approach: find answers to questions by using search or business intelligence
tools to surface the underlying rights expression information
Conceptual IP Architecture
Business Intelligence
Search, Reporting, Data Visualization
DAM
Rights Management
Finance ERP
Ingestion
Workflow
Metadata Management
Search
Export
Contract Linking
Contract Abstraction
Permissions Request
Royalty Calculations
Forecast Management
Revenue Management
Rights, Assets and Business Converging
Look at your data holistically
Build relationships between processes and systems
Create frictionless distribution to delivery channels
Track and analyze your effort
Business
Rights
Assets
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
Thanks
Ed Klaris - IP Attorney and Senior Media Executive
EdKlaris@gmail.com // 917-822-7468