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25 th Annual Technology Law Institute

25 th Annual Technology Law Institute. TV Where? Explaining TV Everywhere Brannon D. Anthony Senior Counsel Turner Broadcasting System, Inc. Presentation Outline. How did we get here? Evolution of TV and Consumer Consumption Where are we now? The TV Everywhere Solution

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25 th Annual Technology Law Institute

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  1. 25th Annual Technology Law Institute TV Where? Explaining TV Everywhere Brannon D. Anthony Senior Counsel Turner Broadcasting System, Inc.

  2. Presentation Outline • How did we get here? Evolution of TV and Consumer Consumption • Where are we now? The TV Everywhere Solution • Who is Affected? The players impacted by TV Everywhere • What are the Legal Issues? What can lawyers learn from TV Everywhere

  3. Traditional Viewing Habits

  4. Cable and Beyond

  5. Emerging and Diverse Platforms

  6. Consumer Viewing Patterns Today • Many content choices • User-Generated • Games and Gaming • Social • Multiple Platforms • Internet • Mobile • ‘Connected Devices’ • ‘On Demand’ • DVRs • Time-shifting

  7. What the Industry is Saying • As you know, TV Everywhere is an industry initiative to allow those who subscribe to TV in their homes to watch their favorite programs at no extra charge on a wide range of other devices. - Jeff Bewkes, Chairman and CEO of Time Warner • Ultimately, our goal is to make TV content available to our customers on all platforms. - Brian L. Roberts, Chairman and CEO of Comcast • Consumers want to access video any time, any place, and Verizon continues to expand our high-quality entertainment services, providing FiOS customers with access and control. - Mike Ritter, chief marketing officer for Verizon

  8. A Working Definition An industry-wide concept that enables subscribers of cable, satellite & telco services to view authorized content on PC, portable and mobile devices as conveniently as possible while ensuring that an individual has the right to access certain content in various online contexts.

  9. Credentials-Based Solution • Authentication - Process whereby a user is confirmed by his/her MVPD to be a subscriber • Authorization - Process that determines whether a subscriber is permitted to access specific content based on certain criteria, e.g. tier of service, parental controls, etc. • Platform or Technology that facilities exchange of credentials • Other technology solutions: video playback, advertising tools, content management, DRM

  10. Distribution Models • MVPD hosted • Network site with Network content • MVPD site redirects to Network sites

  11. Content Provider Hosted

  12. Content Provider Hosted

  13. Content Provider Hosted

  14. MVPD Hosted

  15. MVPD Redirect

  16. MVPD Redirect

  17. MVPD Redirect

  18. MVPD Redirect – Content Provider Site

  19. Measurement Challenges • C3 (Commercial Live+3 Days) – A measure of the average commercial viewing per program across all viewers who watch live or on DVR within three (3) days of initial broadcast. • Nielsen TV and PC - All network TV programs that are streamed online with commercials intact will be added to the ratings, including C3 ratings. • Other online measurement tools

  20. TvE Ecosphere

  21. Specific Legal Issues • Collaborations - Technology Solutions • Test\Pre-Market Agreements • Specific Approach for ‘New Platform’ Legal Issues • Other Legal Issues

  22. Collaboration Agreements • Clear Goals\ ‘Endgame’ • Influence or Build to Own • Commercial Terms or ‘Pre-market’ • Term and Termination • Ownership • Pre-existing materials • Jointly developed • Created Works • Residuals • Deliberate Processes for Interaction • Documented ‘Ground rules’ • Limited Participants

  23. Tests\Pre-Market Agreements • Purpose\Objectives • User\Vendor - mutual • TvE: 3 party challenges • What is Success? • Term and Termination • Factors to Extend • Commercial Obligations\Commitments • Feedback Provisions • Ownership • Reps\Warranties • Obligations • Processes • Support • Publicity

  24. Lawyers in the New Platform:A Replicable Approach • ‘Relative Risk’ • Workflow Approach • Collaborations (even with the other side) • ‘Re-set’ Rights • Reporting and Measurements • Term and Termination

  25. Other Legal Issues • Content and Distribution Rights • Technology Support and Version Controls • Privacy and Security • Allocation of Risks (uncertainty with emerging technologies) • Piracy and DRM

  26. Summary and Conclusions 25th Annual Technology Law Institute TV Where? Explaining TV Everywhere Brannon D. Anthony Turner Broadcasting System, Inc.

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