When Live-Streaming the News, Who’s Working for Whom?

Last month, from the floor of the House of Representatives, Twitter’s Periscope app and Facebook Live cemented their place within the news media ecosystem. Exactly where that place is, however, is up for debate.

As discussed in a previous post here, House Speaker Paul Ryan (R-Wisc.) had ordered the cameras in the House chamber used to feed C-Span turned off, just as Democrats, frustrated over the majority’s legislative stonewalling, were staging a sit-in on the floor. Rather than simply going off us-senate-debates-defense-authorization-bill-video-c-span-org_758399the air, however, some Democratic members then whipped out their phones and started live-streaming their protest using Periscope and Facebook Live, in violation of House rules that prohibit the use of electronic devices on the floor. Here in Washington, the live-streams quickly became the talk of the town on social media.

Frustrated by its inability to cover breaking news on its own turf, C-Span broke with protocol and began re-broadcasting the Periscope and Facebook Live streams. That got the attention of other news organizations, especially the three big cable news networks, which also began picking up the members’ streams, turning what might have been a minor political skirmish into a major national story.

For Periscope and Facebook Live it was a breakthrough moment. Not only did the episode showcase their potential as tools for both news gathering and dissemination, the House members’ use of the apps, and especially C-Span’s decision to defy the Speaker by re-broadcasting the live streams, became part of the story itself, drawing huge national attention to the live-streaming apps just as Twitter and Facebook are each making a major push to become the dominant live-streaming platform. Read More »

X1 Marks the Spot for Comcast

Comcast and Netflix this week confirmed an agreement to incorporate Netflix’s streaming service into Comcast’s X1 video platform, signalling a dramatic shift in what has long been a contentious relationship between the companies.

“Comcast and Netflix have reached an agreement to incorporate Netflix into X1, providing seamless access to the great content offered by both companies,” the two said in a joint statement given to Recode.  “We have much work to do before the service will be available to consumers later this year. We’ll provide more details at that time.”

netflix_blockThat’s a far cry from a few years ago when Netflix CEO Reed Hastings was working overtime to turn Comcast into public enemy number one in the net neutrality fight and Comcast was imposing interconnection fees on Netflix for access to its last-mile network.

But the shift is more likely the result of a change in circumstances than a change of heart. Read More »

5 Questions With: Benji Rogers of PledgeMusic

Guest Post: This post originally appeared on Digital Media Wire

PledgeMusic is a direct-to-fan music platform that enhances the fan-artist dynamic from the creation of music to its experience in digital and live formats. The platform allows fans to play a part in the actual music making side of an artist’s work while the creators get a better, more intimate understanding of the people that support their careers. In short, PledgeMusic has created a digital environment that breaks from all traditional production-to-distribution channels in today’s hyperconnected world.

Benji-Rogers-Photo-Cropped-730x480A key feature of PledgeMusic allows artists to sell a project straight to their fans before it comes to fruition. In a campaign artists can take preorders for albums, for instance, or offer other products or experiences to their super fans as incentives for funding an idea. Another way PledgeMusic is revolutionizing the creation and distribution of music is through direct purchases and the implementation of blockchain.

Benji Rogers is the co-founder and chief strategy officer of PledgeMusic and the lead musician behind the band Marwood. A public speaker, investor, and musician from London and New York, Rogers was the recipient of the A&R Worldwide “Digital Executive of the Year” award, and in 2013 he was named to Billboard‘s 40 Under 40 Power Players list. Digital Media Wire had the chance to ask Benji some questions about PledgeMusic, the music industry, and the role of blockchain in this new model. Below is a recording of Benji’s responses along with a transcription. Read More »

Music In the Antitrust Crosshairs

File this one under “be careful what you wish for.” Two years ago, a group of major music publishers, along with ASCAP and BMI, which collect performance royalties on behalf of songwriters and publishers, asked the Department of Justice to consider changing how it enforces the antitrust consent decrees that have governed the two leading PROs, to allow publishers to withdraw digital rights to their repertoire from the PRO blanket licenses.

DOJ took it under advisement and this week gave its answer, according to a report by Billboard, and it was not at all what the publishers were hoping for.

elizabeth_warrenUnder the decrees, ASCAP and BMI are not allowed to pick and choose which songs in their catalogs to license. They must either grant a blanket license to the entire catalog or not at all. Thus, if a song is in their catalog for one use it’s in it for all uses.

The publishers raised the issue because they were unhappy with the royalty rate that internet radio services (cough — Pandora — cough) were paying under the compulsory performance license available to broadcasters, including internet broadcasters. Those rates are set by the rate courts that oversee the consent decrees and get collected by ASCAP and BMI. Having failed to persuade the courts to raise them, the publishers wanted to be able to withdraw digital rights to their songs in the PROs’ catalogs and negotiate directly with internet broadcasters.

This week, according to the Billboard report, DOJ said no. Read More »

Live From Capitol Hill: The Triumph and Tragedy of Twitter

Political movements have long relied on the media, particularly mass media like television, to amplify their messages. The methods of political protests — sit-ins, marches, demonstrations — are staged as much to draw the cameras as draw a crowd.

Over the past decade, social media has emerged as an important adjunct to the mass media for protesters and dissidents around the world, as well as a critical tool for organizing political movements and activity. But on Wednesday this week, on the floor of the House of Representatives, social media actually replaced the mass media.

c-span_periscopeAs House Democrats staged their unprecedented sit-in to protest Republicans’ refusal to allow votes on three gun-control bills, House Speaker Paul Ryan abruptly gavelled the session to a close and ordered the cameras used by C-Span to broadcast proceedings from the floor to be turned off, citing House rules.

Whether the cameras stay on or not is under the control of the House majority, so Ryan could have left them rolling. But he clearly wanted to deprive the Democrats’ protest of media oxygen and thought, presumably, that turning them off would produce a media blackout. What he got instead was a media firestorm. Read More »

Court to ISPs: You Really Are Just Dumb Pipes

Back when the clamor began to reclassify broadband access as a Title II telecommunications service, in the wake of the DC Circuit Court’s ruling overturning the Federal Communications Commission’s effort to impose net neutrality rules under its Title I authority, there was a lot of grumbling among Verizon’s peers that the telco should have left bad enough alone instead of challenging the commission’s 2010 rules in court.

Though Verizon won the case, largely on technical legal grounds, it poked a hornet’s next that threatened the far-greater sting of reclassification. But now that the same DC Circuit Court has handed down its ruling on reclassification and the FCC’s revised net neutrality rules, many of those grumbling last time are probably wishing they’d followed their own advice.

FCC_buildingNot only did the FCC win the case this time around, but the court majority’s opinion delivers a series of roundhouse blows to most of the ISPs’ claims about the value of their services, if not yet to their market valuations.

In essence, the court concluded that as service providers, ISPs add almost no value beyond basic connectivity. And that goes for wireless as well as fixed-broadband providers.

Apart from their objections on procedural grounds to the FCC’s rulemaking, the ISPs and their trade associations argued they could not fairly be classified as utility-style telecommunications providers because the services they offer consumers include a range of complex, value-adding information-processing functions, such as email, online storage, content caching and DNS lookup. Read More »

Return Of The Gatekeeper

Making content available on-demand was supposed to put the consumer in charge. Armed with “personalization” tools and backed by social media filtering the viewer/listener/reader would be king, usurping the power of traditional gatekeepers.

But a funny thing is happening on the way to the throne: consumers increasingly are inviting gatekeepers back into the realm, albeit not necessarily the same ones they had overthrown.

guard-buckhm-palace-shst_w_755Speaking at MIDEM this week, MIDiA analyst Mark Mulligan reported that “The percentage of people who make their own playlists on streaming has dropped by 10 percentage points in just one year,” said Mulligan. “The main playlists which people are using are the playlists which are being pushed to them,” by the streaming services, or in some cases by record labels.

Citing data provided by Spotify, Mulligan noted that in December 2014, Spotify’s Today’s Top Hits playlist had 2.3 million followers and generated 35.4 million streams per month. By April 2016 it had grown to 7.8 million followers and was generating more than 120 million streams a month. Read More »

Remastering Copyright

It’s not often that a copyright owner denies owning a copyright in order to press a case for copyright infringement. But that’s essentially the position ABS Entertainment found itself in its legal fight with CBS Radio over the broadcaster’s on-air use of sound recordings made prior to 1972, when recordings came under federal copyright protection. And now a federal judge in California has ruled that ABS is stuck with the consequences of the copyright it never claimed (h/t THR, Esq.)

His_Master's_VoiceThe ruling, if it stands up on the expected appeal, is fairly dripping with implications for music and broadcasting industries (both over-the-air and digital), but also for the film and video industry that makes use of sound recordings in audiovisual works.

Pre-1972 sound recordings have been the focus of considerable controversy in recent years. Prior to 1972, sound recordings were not protected by federal copyright law; only the musical compositions embodied in those recordings were protected. But in 1971 congress updated the law to extend federal copyright protection to sound recordings made after February 15, 1972.

The law continued to exempt over-the-air broadcasters from having to pay public performance royalties to the owners of sound recordings, however (publishers and songwriters get paid), to the dismay of the record labels, on the ostensible grounds that airplay helped promote the sale of records and therefore record companies didn’t need performance royalties. (The real reasons had more to do with the power that broadcasters once wielded in Washington, DC, and in some measure still do.) Read More »

Peak TV and the Politics of Plenty

The formal comment period for the FCC’s controversial set-top box proposal closed this week, after tallying 256,747 submissions. As in any hard-fought rulemaking proceeding these days, most of those were canned comments from “the public” rounded up by PR firms working for parties on all sides of the issue. But it also drew more than 1,000 substantive comments from rights owners, members of the pay-TV industry, technology providers and other agencies of government involved in telecommunications policy, including the White House.

FCC_headquartersI’ve written here before, perhaps excessively, on the relative merits (or lack of them) to the various sides’ positions, so I won’t belabor the debate further. But the latest round of comments revealed another, related issue that bears watching regardless of how the set-top box debate turns out: the very different perspectives on the impact of innovation coming from different corners of the TV business.

The Motion Picture Association of America, representing the 6 major Hollywood studios, has been nearly apoplectic over the FCC’s plan, and its final reply comments — all 50 pages of them — were no exception: Read More »

Disney’s Split UI Personality

Walt Disney Co. CEO Bob Iger this week said he is “very excited” about the user interface Hulu has designed for its planned virtual-pay-TV service launching next year.

“We’ve seen the interface because we’re partners [in Hulu]” Iger said Wednesday at the MoffettNathanson Media & Communications Summit. “It’s a great interface, a tremendous user experience, and we’re in discussions with them about our channels and about prices.”

hulu_nocbs-1He also used the opportunity to take a swipe at traditional pay-TV operators for the lack of innovation in their UIs over the years.

“I’ve been frustrated over the years by the UI” of cable and satellite TV services Iger said. “Maybe because I’m getting older I don’t have the patience anymore, but we’re all getting more and more spoiled by what technology makes possible,” in terms of surfacing, discovering and accessing content.

According to Iger, consumers raised on digital platforms today simply won’t tolerate any glitches or difficulty in access the content they want when they want it, and the traditional pay-TV industry simply hasn’t kept up with the times. Read More »

In Cable, The Rich Get Richer

Daniel Frankel, over at FierceCable, noted an interesting pattern in the Q1 data from cable operators this week. All of the vaunted rebound in video subscribers during the period was concentrated among top-tier providers.

Comcast, Time Warner Cable and Charter collectively added 89,000 video subs.

Mid-size operators, however, all experienced continued erosion among video subscribers. Cablevision lost 15,000; Cable One lost 13,000; and Mediacom lost 2,000 across its two operating units.

money_bagsFirst-quarter data on smaller providers, which is compiled by SNL Kagan, is not yet available. But it would be surprising if the pattern there were different from that of the mid-size providers.

In both cases, operators are increasingly making a de facto, if not quite formal, decision not to fight very hard to attract or retain video subscribers because of the high programming costs that come with them and to focus their business primarily on their broadband service.

“The lower end of the market can no longer afford the big bundle; the number of disruptive OTT technologies and vendors are now multiplying rapidly; and the millennial generation has very limited interest in traditional TV viewing,” Cable One CEO Thomas Might told Fierce. “These patterns will inevitably bring an end to the ubiquitous fat bundle, but only slowly and painfully.”

Slowly and painfully perhaps, but the data also suggest it could happen at very different speeds in different markets, depending on the size of the local providers’ national footprint. Read More »

Ticket To Stream

One of the business challenges that has held back the direct-to-consumer streaming of ticketed events — whether live concerts, Broadway shows, or first-run movies — has been the lack of an effective ticketing mechanism for over-the-top video. As there was no way to know how many people might be gathered around a particular screen rights owners and event producers had little choice but to charge an arbitrary price for the stream, usually high enough to account for the possibility of multiple viewers but at the cost of turning off people viewing alone or perhaps with only one other person.

home-theater-lightingSean Parker’s Screening Room, for instance, plans to charge a flat $50 per movie for in-home access to first-run films, which research shows could limit the market for the service.

The inability to know how many people are in the room also makes it difficult for providers to sell advertising or sponsorship in the stream because they cannot offer advertisers an accurate count of how many people were exposed to their messages.

In-home ticketing may be poised to have its moment, however, due to some recent technological advances. Read More »

What UI Voodoo Will Hulu Do In Linear Debut?

One of the more interesting subplots to Hulu’s apparently pending rollout of an over-the-top bundle of linear channels will be what it does with the user interface.

As I’ve noted here previously, the traditional programming grid that still drives navigation on most pay-TV systems today is at the core of the current tussle over Federal Communications Commission chairman Tom Wheeler’s proposal to “unlock” the set-top box to allow third-party devices and applications to interoperate with pay-TV services. And apart from pay-TV operators themselves, the loudest objections to Wheeler’s proposal have come from programmers, who fear those third parties will not honor the agreements networks have with operators concerning their position within the traditional pay-TV UI.

“ArmHulu_homepage’s length agreements between MVPDs and programmers provide the necessary licenses to transmit the content, and in exchange the MVPDs agree to a range of license terms, including security requirements, advertising rules, [electronic programming guide] channel placement obligations, and tier placement requirements,” the Motion Picture Association of America wrote in comments submitted to the FCC. “These terms are material to the grant of the copyright license, and to copyright holders’ ability to direct the exploitation of their works in a manner that enables them to continue to invest in the high-quality programming that viewers expect. ..The only terms the proposal would explicitly recognize are copy, output, and streaming limitations. Extensively negotiated terms on matters including “service presentation (such as agreed-upon channel lineups and neighborhoods), replac[ing] or alter[ing] advertising, or improperly manipulat[ing] content,” are all left unaddressed by the FCC’s proposal.” Read More »

Welcome To The RightsTech Revolution

Concurrent Media Strategies, LLC, publisher of the Concurrent Media blog, and Digital Media Wire, Inc., producers of Digital Entertainment World and the New York Media Festival, among other conferences, today announced the official launch of RightsTech, a new forum — blog, newsletter, conferences — for cross-industry global collaboration focused on furthering technology innovation around rights management and licensing across multiple media verticals.

rightstechlogo-2The inaugural RightsTech Summit will be held July 26 at the the Japan Society in New York City. The newsletter, which you can subscribe to here, will keep you up to date on all the news and conversation around the emerging RightsTech ecosystem. The blog will be an evolving platform for discussion and debate among the various stakeholders. Read More »