Securing Music Rights Is The Toughest Part Of Olympic Athletes’ Routines

by:

Joe Patti

Entertainment lawyer Gordon Firemark and Tamera Bennett recently did a podcast episode addressing some intellectual property and copyright issues which had been in the news. One of the problems they covered was the controversy over music licensing rights during Olympic skating and other routines.

This isn’t a new issue in 2024 I made a post about the same problem cropping up during the 2022 Winter Olympics in Beijing. The problem is that the skaters and others hadn’t secured the correct level of rights. What is okay during an untelevised finals competition isn’t sufficient for a routine broadcast internationally.

Firemark and Bennett suggest that surely NBC secured the rights, but in an article I cited in my 2024 post, skaters were told NBC would likely mute the music during their routine broadcast via their streaming platform. It wasn’t muted and NBC and the skaters were named in a lawsuit.

Firemark notes that up until 2014, the Olympics required public domain music but in an attempt to appeal to a younger audience, they began to encourage the use of pop music. Unfortunately, they apparently left it to the athletes to secure all the appropriate rights. Listening to Firemark and Bennett, they don’t seem to be 100% certain about all the categories that would need to be covered (public performance for broadcast, public performance in the venue, arrangement license if you are using a medley, synchronization license, grand rights were all mentioned), so it isn’t surprising the athletes didn’t get it right.

Near the end of the segment, they suggest that in the future athletes may choose to use AI generated music. Bennett suggests there might still be a problem if the music too closely resembles the pieces the AI was trained on.

Who Owns The Photo You Composed In A Video Game?

by:

Joe Patti

The Conversation recently had an article tangentially related to the concept of AI art. In this case, it is players of video games creating art out of the virtual landscapes in which they play.

For a couple decades now, video games have offered players the opportunity to pause things and grab a picture. Among the basic features tend to be removing elements of the user interface so the view won’t be obstructed by buttons, etc. In other games, the player gets a camera object with which to frame things rather than just perform a screenshot. The article mentions Red Dead Redemption 2, which is set in the 19th Century American West has an era appropriate 1898 Kodak camera available in game.

Other games allow players to tweak weather and lighting sources to get the picture they want.

While I don’t play a wide variety of video games, I can attest to the beauty of the game worlds the artists create. One game I played allowed players to use hang gliders. I would go to the highest elevation I could find and glide down just admiring the night sky or sunrise/sunset.

More recently I was playing in the alpha-stage of a game when the developers started to upgrade lighting elements and was amazed at how accurately the sunlight progressed along the landscape as the sun rose from behind the mountains. You could be riding your mount and transition from light into shadow and back or just sit still for awhile and eventually have the light pass over your spot.

So it may not come as a surprise that people are assembling art exhibits based on “photos” they have taken in game. Some have focused on images from places they have glitched into like walls, rocks, trees, etc. Not the most attractive views, but sometimes very amusing. As some players can attest there are times when you might fall through the ground watching the underside of fields, mountains, and houses recede into the distance above you.

This practice of players taking photographs of other people’s art work from within the game raises questions about who owns the copyright. Back in 2014 there was the question about whether Bradley Cooper or Ellen DeGeneres owned the copyright on a picture Cooper took with DeGeneres phone. What is the situation when the person who designed the world also designed the camera that took the picture?

The article mentions a situation where an artist assembled and manipulated photos other players took into an exhibit. There was some suggestion that only the game developer had standing to press a copyright claim against the artist for the use of its intellectual property.

This is going to be one of the situations, among many to come, (including a case about AI created art the Supreme Court heard a week ago) that will likely cause a shift in the definition of copyright ownership.

Look But Don’t Trust

by:

Joe Patti

As I am wont to do, once again I am going to state that Colleen Dilenschneider and the folks at IMPACTS have provided some interesting data insights.

Back in the middle of February they released some data about social media usage by different demographics. (sub required) There were few surprises in the charts showing that mobile web, web, and social media were the top sources of information for high-propensity visitors to arts and cultural institutions.

Likewise, little surprise that Gen Z and Millennials consulted these top three sources more than other generations.

Where things diverged a little from expectations was in perceived reliability. These top three most accessed sources ranked at the bottom when it came to credibility. Gen Z and Millennials were most likely to rank them at the bottom.

Direct mail, word of mouth, and television were ranked at the top, by the way.

There were similar results when it came to attribution–that is willingness to identify the source of information to others. Web, mobile web, social media were all at the bottom.

This is important to note because willingness to recommend an experience to others is pretty much the gold standard as a measure of satisfaction. The fact that people aren’t willing to recommend an information source to others is telling.

In this case, newspapers, print periodicals/magazines, and peer reviewed web content were the top three overall and for each generation.

The IMPACTS folks provide a good summary of how you should react to this information. Pay attention to their plea for restraint regarding direct mail. (emphasis theirs)

Visitation planning to cultural organizations today is almost entirely digital. Mobile web, social media, and web dominate pre-visit usage as information sources. Nothing else is even remotely close. But here’s the twist: the most-used channels are not the most trusted. The trust ladder leans heavily offline.

[…]

Print has the opposite problem: almost no reach, but very high attribution willingness (“authority without distribution”). However, please refrain from rushing to print thousands of pages of printed direct mail! As you can see in the first two charts in this article, this is a comparatively unused source of information. It may be trusted, but if people aren’t seeing or using it, then this is unhelpful.

Don’t Want To Ask Too Many Questions, I Might Jinx It

by:

Joe Patti

Early last month Seth Godin made a post about precision and accuracy. The more I have thought about it, the more convinced I am that he hasn’t fully considered his argument. Either that, or I am not aligned with the way he is defining his terms.

Precision requires producing the same results each time. Repeatable, measurable, dependable.

Accuracy means hitting the target.

The only way to consistently be accurate is to be precise.

But there are plenty of precision methods that don’t yield the most desired outcomes.

[…]

The world we live in is recent, and was created by a revolution in precision. We’re still working on accuracy.

About the only thing I am in agreement with his his statement about precision methods not yielding most desired outcomes.

What first came to mind when I read this statements is that I have had periods where I was able to bowl multiple strikes consecutively, consistently send a ball through a basketball hoop, and cluster darts around a bullseye. I was repeatedly hitting my target in the sweet spot.

The only problem is, I didn’t know why I was achieving that success. I wasn’t as aware of my body as I am now. So those successes were as much as surprise to me as everyone else. When the stakes aren’t really high, you don’t ask questions and just hope things keep going your way.

Sure, arguably my skill was only repeatable and dependable over a relatively short period of time. But I would also point out that people have realized a lot of success based on the foundation of being a literal or figurative one-hit wonder in entertainment, sports, advertising, stocks, etc.

Generally though, accuracy and precision without understanding the contributing factors isn’t worth much for long.

Arts and cultural organizations run into this a lot. We realize unexpected success with an event, but can’t seem to replicate it again. We don’t know if it was that particular show/opportunity. The marketing approach. That specific set of dates in October. The weather.

Ruth Hartt has been writing about how audience motivations are largely invisible but that you can gain better insight by asking questions directed at their desired outcomes vs. the organization’s.

But it is certainly not an issue that only arts and cultural organizations face. So many bosses have asked their staff to make something viral that it has only succeeded in creating a meme. Closely related to that are the millions upon millions spent on ads during the Super Bowl that fail to connect or raise a questioning eyebrow about what the advertiser was thinking.

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