2 transmedia storytelling & derivative rights

Download 2 transmedia storytelling & derivative rights

Post on 03-Jul-2015




0 download

Embed Size (px)


2 transmedia storytelling & derivative rights


  • 1. An Overview ofNew Legal ChallengesConnie J. Mableson, Mableson Law GroupSELSA Annual Conference 2010Connie J. Mableson, October 30, 2010SELSA

2. 1. Right to make Copies 2. Right to Distribute 3. Right to Perform 4. Right to Display 5. Right to makeDerivative worksConnie J. Mableson, October 30, 2010SELSA 3. A derivative work is a work based onor derived from one or more alreadyexisting works.Connie J. Mableson, October 30, 2010SELSA 4. Book to Movie Comic Book to Movie Painting (original) to Prints/ Lithographs toPosters Adaptations Play to Film; Play to Novel Typically no creation of a new storyline unlessit is necessary to the adaptation. When there isa new storyline or character, sometimesaudiences get upset (as well as the author if nocreative control)Connie J. Mableson, October 30, 2010SELSA 5. Films (Theatrical , TV, hotel-motel, in-flight, publictransportation, 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, DJmix, synch use)Connie J. Mableson, October 30, 2010SELSA 6. Derivative Rights are called Ancillary,Subsidiary & Allied RightsPublishing Contract with Book publishingHouseGrant of Rights from Author to Publisher Primary Rights are publishing rights, hardcoverrights, trade paperback Subsidiary Rights are mass market, audio books, e-books,foreign translation, book club, serialization Allied Rights include dramatic rights, movie andTV rightsConnie J. Mableson, October 30, 2010SELSA 7. Written narrative Oral, written (book), dramatic/theatrical (plays,film) Every communication tells a story Essence of a good entertainment property is goodstory telling Entertainment Property = creative property &beyond- books, film, music, visual art, dance,dramatic and theatrical, games (real orvirtual/MMOs), sports game Entertainment Property= EntertainmentExperience= Entertainment Economy =Storytelling (live or recorded)Connie J. Mableson, October 30, 2010SELSA 8. Was MIT media studies professor and in a 2003 MITTechnology Review Article referred to TransmediaStorytelling Wrote Convergence Culture and described it as the notion ofspreading narrative across multiple media platforms withthe aim of having each platform contribute somethingintegral to an over all storyline. The notion of convergence culture is not primarily atechnological revolution; Jenkins shows that it is more acultural shift, dependent on the active participation of theconsumers working in a social dynamic. He referencesmedia franchises like Survivor, The Matrix, and AmericanIdol to show how the new participatory culture ofconsumers can be utilized for popular success and increasedexposure Transmedia looks at narrative as a HYPERSOCIAL activityin which a story can evolve across multiple platforms, withmultiple story arcs, manifesting in an array of products andvarious revenue streams.Connie J. Mableson, October 30, 2010SELSA 9. Trans= Multiple story lines, story arcs Media = platforms and media outlets A transmedia story unfolds across multipleplatforms, with each new text making adistinctive and valuable contribution to thewhole. In the idea form of transmediastorytelling, each medium does what it doesbest so that a story might be introduced into afilm, expanded through television, novels andcomics.Connie J. Mableson, October 30, 2010SELSA 10. Transmedia storytelling occurs when anintegral element of a fiction gets disbursedacross multiple channels to create a unifiedand coordinated entertainment experience.Ideally content produced on each mediummakes it own unique contribution to the story.So this content not only becomes part of thebranding, but also part of the exposition.Think of it as content that transcends theoriginal medium to become richer and moreenjoyable through the participation of fans.Connie J. Mableson, October 30, 2010SELSA 11. 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 andengaging them with interactivity Telling good storiesConnie J. Mableson, October 30, 2010SELSA 12. Multiple forms of media Multiple Platforms (hardware/devices &Software on a device) Active Audiences/Active consumer Multiple Audiences engagement basedentertainment Platforms = theatre, tv, web, Facebook friends,MMOs, RPGs, Augmented Reality, AlternateReality Games, Virtual Reality Spaces, mobiledevices, iPad, twitter, Flickr,Connie J. Mableson, October 30, 2010SELSA 13. The filmmakers plant clues that wont makesense until we play the computer game. Theydraw on the back story through a series ofanimated shorts, which need to be downloadedoff the web of watched of separate DVD. Fansraced, dazed and confused, from the theatres toplug into Internet discussion lists, where everydetail would be dissected and every possibleinterpretation debated. (The Matrix)Connie J. Mableson, October 30, 2010SELSA 14. First transmedia franchise Films story line Books- different story lines Merch, tie-ins, endorsements, sponsorships Role playing groups Small group of people dedicated to buildingr2d2 units at home (audienceparticipation/community formation) MMORPG - different story line. Player startsout as Darth Vadar and then moves away fromthe dark side but not until lots of game play.Connie J. Mableson, October 30, 2010SELSA 15. Book -HARRY POTTER by JK Rowling Primary Rights are publishing rights, hardcoverrights, trade paperback, mass market, Ancillary Rights are audio books, e-books, foreigntranslation, book club, dramatic right, film rights Potter Stuff Active Engagement and Immersion http://www.universalorlando.com/harrypotter/ RPGConnie J. Mableson, October 30, 2010SELSA 16. Connie J. Mableson, October 30, 2010SELSA 17. Marketing Transmedia Builds a story around a brand or a specificproperty OLD SPICECreated individualized story lines derivingfrom original story lineCross PlatformAudience Participation/ImmersionUser Generated Content 18. TV Ads started it all AD1 July 13 one day 74 personalized vids shot based onTweets from people wanting the old spice man topersonalize an ad for themOn Twitter, @GStephanopoulos wrote "@OldSpice HeyOld Spice Man -- Political question: President's lostsome female support. How does WH get those womenvoters back?"GeorgeVid Voicemessage - created by independent group ofpeople (audience or user generated content) Voicemail 19. Represent the Actor or the Ad Agency/P&GQuestion: What will the actor be doing?Old Answer: Principal performer in a TV commercialNew 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, giveaways)Merchandise (on the deodorant, calendar) 20. Film, 2 console games, books, action figures, clothing, etc. Augmented RealityMattel brings innovation to the toy aisle with augmentedreality, marking the first time the technology has appearedin a retail toy product. Each action figure, vehicle andcreature will come with a 3-D web tag, called an i-TAG,which consumers can scan using a home computerswebcam. Scanning the i-TAG will reveal special contentonscreen unique to the corresponding product. Exactcontent varies for each item, but could include biographicalinformation, additional images and animated models of thefigures. When the i-TAG for deluxe figures, vehicles orcreatures are placed under a webcam, animated 3-D modelswill come alive through engaging, evading or defendingmoves. Place two i-TAGs from the Battle Pack togetherand the 3-D images will interact with each other. 21. ToyReview Battlepack Toys and games feed back to movieConnie J. Mableson, October 30, 2010SELSA 22. Connie J. Mableson, October 30, 2010SELSA 23. A Transmedia Narrative project or franchise must consist of three(or more) narrative storylines existing within the same fictionaluniverse on any of the following platforms: Film, Television,Short Film, Broadband, Publishing, Comics, Animation, Mobile,Special Venues, DVD/Blu-ray/CD-ROM, Narrative Commercialand Marketing rollouts, and other technologies that may or maynot currently exist. These narrative extensions are NOT the sameas repurposing material from one platform to be cut orrepurposed to different platforms. A Transmedia Producer credit is given to the person(s)responsible for a significant portion of a projects long-termplanning, development, production, and/or maintenance ofnarrative continuity across multiple platforms, and creation oforiginal storylines for new platforms. Transmedia producers alsocreate and implement interactive endeavors to unite the audienceof the property with the canonical narrative and this elementshould be considered as valid qualification for credit as long asthey are related directly to the narrative presentation of a project.Connie J. Mableson, October 30, 2010SELSA 24. 1. Blurring between ancillary, subsidiary and allied rights. 2. Content creators (writers) additional exploitations thruTransmedia that will have to be considered in licensingdeals. 3. Rights conveyed language in license deals must beclosely scrutinized. 4. Need to ask forward thinking questions about what theIP 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. Characterprotection is complicated already. 7. Territorial rights may become significant. 8. Transmedia is still experimental and currently is a riskyventure (business sid