Another strike against three-strikes?

More from the be careful what you wish for files: As The Media Wonk noted in a previous post, there is more to France’s three-strikes law than just three-strikes. One less-discussed provision is the strict regulation of movie release windows by the government, taking a key strategic decision out of the hands of the studios. One early victim of that provision appears to be Twentieth Century-Fox, which has scheduled the release of Avatar on Blu-ray and DVD in France for June 1–several months earlier than ordinary business considerations would dictate but necessary to comply with the law.

That provision isn’t the only booby-trap in the law for content owners, however.

The Creation and Internet law, after all, which went into effect on Jan. 1, wasn’t passed only to crack down on digital piracy. It was also intended to promote the legal availability of “multimedia” content on digital platforms. As it turned out, content owners probably should have paid more attention to that end of the deal.

In the spirit of promoting availability, France’s Minister of Culture, Frédéric Mitterrand, ordered up a commission to study and make recommendations on ways to facilitate availability. To head the commission, Mitterrand named Patrick Zelnik, CEO of Naive Records, which happens to be the label for which French First Lady and pop chanteuse Carla Bruni-Sarkozy records (that’s just the way they do things in France).

The Mission Zelnik, as the commission came to be known, issued its recommendations in early January, and they included a number of surprises. Topping the list was a proposal to implement a collective rights licensing scheme for music on digital linear platforms (i.e. webcasts), in effect a compulsory license. The commission also recommended a “voluntary” collective licensing scheme for non-linear platforms (downloads and on-demand streaming), with the stipulation that if the industry can’t come up with a satisfactory “voluntary” scheme within a year the government should mandate one. Read More »

'Avatar' blogging blues

My post the other day on the Blu-ray Disc release of Avatar in France generated quite a bit of traffic and commentary on other web sites (thank you Engadget HD), as well as attracting a few comments here. Alas, most of it has been critical.

While it’s always tempting to blame the critics for missing your point, as a general rule if a large number of people appear to have missed your point you probably didn’t do a very good job making it in the first place. So: mea culpa.

Let my try to clarify some issues:

Notwithstanding Ben from Engadget’s diligent research in IMDB, there really aren’t other movies comparable to Avatar. True, there have been other blockbusters in the past five years, most or all of which may have been released on DVD/Blu-ray within six months. But there haven’t been others with a $450 million negative cost and an inherently longer theatrical cume period due to the still-limited number of 3D screens. Read More »

For 'Avatar,' three-strikes means a quick out

From the be careful what you wish for file: Twentieth Century-Fox’s Avatar, which is rapidly approaching the top spot among all-time global box-office grosses, and would likely be the biggest selling Blu-ray title to date when released at Christmas time, will actually be released on June 1st, at least in most of the world. Amazon France is already taking pre-orders, for 28.99 euros.

Why not wait until the most propitious time of year to release such a monster title in order to maximize sales? Because it would be against the law in France to wait beyond June 1. And if you release it in France, under EU rules, you’ve effectively released it throughout the EU. And if you release it in the EU, you’ve effectively released it throughout Blu-ray’s Region B, which includes Africa and the Middle East as well as Australia and New Zealand, where they speak a version of English. And if you’re going to release a movie with an English soundtrack in Region B, you might as well release it in Region A, which includes the United States, because it’s going to end up on the Internet sooner or later, probably sooner.

Welcome to life under France’s new three-strikes regime.   Read More »

Join me at the first Digital Breakfast DC on Oct. 1

The Media Wonk will be hosting the first Digital Breakfast DC conference on Oct. 1 in, not surprisingly, Washington, DC. The topic for the panel is Using Tech to Safeguard Content and IP. Panelists include Rick Cotton, general counsel of NBC Universal, Prof. Peter Jaszi of Washington College of Law at American University, Jon Baumgarten, partner with Proskauer Rose, Bill Rosenblatt of GiantSteps Media and the irrepressible Chris Castle an entertainment attorney from LA who is appearing on behalf of Arts + Labs.

digital-breakfastDebating points will include the implications of the FCC’s net neutrality rulemaking for filtering and other online anti-piracy efforts, the French three-strikes law, Veoh’s recent court victory and its implications for UGC and the over/under line on when we’ll see the new White House IP Czar named. All packed into a fast-paced one hour. Plus bagels.

Click here to register today!

Down on strikes

french-flagThe copyright industries had high hopes for France’s three-strikes law. At the World Copyright Summit in Washington last week, speakers had nothing but praise for the government of President Nicolas Sarkozy, who championed the law and railroaded it through the legislature. And they were crushed when, on the second day of the conference, the French Constitutional Council threw out the new law’s critical third-strike–government-ordered banishment from the Internet for those caught repeatedly downloading copyrighted content illegally–on grounds that the extra-judicial  procedure the law created was a violation of  free speech, the presumption of innocence and due process.

Oops.

Now, however, things have gotten even worse for the content companies. In a bit of a face-saving move, the French government on Friday stripped out the portion of the law invalidated by the Constitutional Council, sent the rest to Sarkozy for signature and published it in the official record, allowing it to take effect this week. Read More »