Real Time Failure and Success

As social media begins to dominate the Internet, it's more critical than ever that your first audience truly loves what you're doing.

Social media has been a part of the media landscape for about 5 years, and it's impact is already being felt in a big way.  As we approach the beginning of 2011, Facebook's Mark Zuckerberg and his team have built a cyber-city of over a half billion users.  There

Real Victories Are Won In The Marketplace, Not In The Courtroom

This may sound odd coming from a lawyer, but courtroom victories often have limited value.  In fact, winning legal battles can sometimes do more harm than good.

 In 1999, TiVo invented the DVR, and registered patents to protect its novel ideas.  Initially, TiVo was so successful in bringing its product to market, that the word "TiVo" actually became a verb (a good indicator of massive market

Netflix - Pushing The Red Envelope

There is a very good recent article in the NY Times discussing how Netflix gained its power, who is threatened by it and why.  On the one hand, the article feels a bit trite in that it looks at the recent offering of a streaming-only package as Netflix' "move onto the web."  However, in the body of the article, it becomes clear that digital distribution has been a part of the Netflix business for

Bricks, Mortar and Mobile: A New Paradigm This Holiday Season

It seems that online shopping and the in-store experience are coming together this holiday season, courtesy of the growth of the smartphone market.

Online holiday purchases have steadily increased each year for the past several Christmas seasons.  This year, it is a little different because many consumers now carry the internet with them in the form of a smartphone.  This means that they don't

One Is All You Need

It seems every day there is another news story describing shock at the decreasing number of cable subscribers.  Like yesterday’s story with the headline, “Cable Subscribers Fleeing, But No One Knows Where.”  What??  With all due respect to the Associated Press, this is about as hard to figure out as a bad murder mystery.  The butler did it, now move on.  
Here is the truth.  We have reached the

You Can Be The Next Entertainment Mogul, If You Act Now

We are about to experience the most profound metamorphosis the entertainment industry has seen since the commercialization of television.  It is a huge opportunity for anyone who is willing to jump in with both feet, but you need to start now.
Since the introduction of television into the living room around 1948, the broadcasting industry has been controlled by a virtual handful of people.  Even

Is Netflix The Next HBO?

At a Liberty Media investor event yesterday, Liberty Chairman, John Malone, drew a comparison between Netflix and HBO.  He was discussing the relationship between his Starz unit and Netflix, and seemed to be acknowledging the amount of power that Netflix is gaining as home video moves online.

It's an interesting question - Is Netflix the next HBO?  What are the similarities, and does it make

Letterman Clip: Not Fair Use Parody...Or Is It?

I've been having a terrific online banter with Brian Newman regarding the use of a David Letterman clip in a recent film.  Brian's last observation was extremely astute, and got me thinking.  The essential issue is whether the use of that clip constitutes a Fair Use under Section 107 of the Copyright Act and relevant case law.

In making his most recent argument, Brian relies pretty heavily on

Mockumentaries And Fair Use: Do Jaoquin & Casey Owe Dave Money?

At the suggestion of my online friend and fellow film pro, Sheri Candler, I read this very interesting blog post from Brian Newman (NY media consultant and immediate past CEO of Tribeca).  Brian's comments are very well thought out but, in my opinion, incorrect.  Of course, there is nothing better than a well-reasoned disagreement, so here goes.

The basic topic centers on a comment from Dave

We Spend Half Our Lives Staring At Screens!

Briefly, take a look at this extremely important article which has emerged from the conference being presented this week by The Wrap.  The article makes many great points.

The main thrust is a summary of research showing a vast expansion in the amount of time people are spending interacting with electronic media.  No surprises here, but the numbers are very interesting to see.

Also, it goes

"The Resistance" - Starz Tries A New Release Strategy For The Digital Age

Starz Media is blazing a bit of a new trail with its pending release of the sci-fi thriller, The Resistance.  I think their strategy on this release is an excellent vision for combining digital and traditional media platforms.  (Another really good article on the program and strategy is here.)  However, I'm not sure their particular approach is the best for maximizing revenues.

The program is

Do You Need Permission to Make a Movie About Real People? Ask Mark Zuckerberg and Joe Francis.

Clients often ask me about obtaining "life rights" in connection with films based on real events.  Most clients are under the impression that they can't make a film about real people without getting permission.  Not true.

Here's a great example -- the upcoming film, Social Network.  This article in The Hollywood Reporter describes apparent negotiations between producer Scott Rudin and executives

How China Will Change The Film Business

Reading this article in The Hollywood Reporter, I had a somewhat shocking realization.  As the market for film (and everything else) becomes truly global, there is no escaping the impact of other cultures on the content that is created in this country.

The article focuses on the Chinese government's resistance to creating a rating system for film.  The Chinese system is black and white --

Reports Of The Death of 3D Are Premature

There was a very good article a few days ago in The Wrap about the downward trend in 3D box office revenues. (By the way, The Wrap is a favorite publication of mine on the entertainment business.  If you don't read it, you should.)  While the author (Daniel Frankel) gives fair coverage to the topic, I think the article misses the big picture.

An underlying assumption seems to be that tracking 3D

California Girls: The Beach Boys, Katy Perry and Copyright Law

According to a number of news accounts (like this one at Billboard.com), Rondor Music (a division of Universal), the publisher of the hit Beach Boys song, California Girls, has sent a demand to Katy Perry in connection with her current hit, California Gurls. Rondor is seeking compensation for an alleged copyright infringement. The gist of the claim stems not from the obviously similar title (

Personal Media Devices Are The Future of Entertainment

An article I saw last night discusses how major computer manufacturers are all chasing the iPad with similar tablet devices of their own.  You can read the article for the interesting details.  However, I wanted to quickly comment on the importance of this trend.

The iPad is truly a new class of hardware that has changed the media landscape.  It's a highly portable device optimized for obtaining

As DVD's Die, How Will The Film Business Fare?

Here is a pretty good article that discusses the shifting trends in the in-home distribution of films.  Obviously, the trend is away from DVD's and moving towards direct delivery.  In fact, the shrinkage in the DVD numbers is pretty dramatic.  The DVD is going the way of the CD.

Blu-ray is making up some of those losses, but Blu-ray will eventually follow the same path.  Right now Blu-ray discs

Movie Futures Market Approved, But It's An Empty Victory

The CFTC has approved Cantor Exchange to trade futures based on film box office performance.  Earlier in the month, the CFTC had approved a similar program to be operated by Media Derivatives.  All of this would appear to be a big "green light" for the trading of film futures. But...

Unfortunately for Cantor and MD, the House of Representatives included a ban on these trades as a part of the

3D Glasses - An Emerging Business Opportunity

There is an opportunity quickly emerging for consumer electronics companies.  Most of the new 3D televisions  (other than the Vizio TV that was just announced) use glasses with active electronics.  The television manufacturers are supplying one or two pairs of these glasses with each TV, and then selling extra pairs for about $200 each.

In reality, these glasses can probably be sold for under

Anticipating Change - Another Lesson...This Time From Twitter

Today I was reading a very good article on Businessweek.com which addresses investment in startup businesses  built around Twitter.  The thrust of the article is that Twitter's acquisition of Tweetie, and its limitations on building ad-based businesses around the Twitter platform, is making it very hard for Twitter-based startups to attract investors.

Ok, I don't want to sound too sarcastic here

Hot Topic: Digital Media's Impact on Film & TV

There are interesting developments this week in the intersection between digital media and the more traditional media of film and television. These events raise the question once again of whether digital media will have a positive, negative or neutral impact on traditional media.

On the negative side, Voltage Pictures filed its lawsuit this week against all persons who have infringed its

Film Distribution and Home Entertainment in 2015

There have been some very interesting articles recently predicting how consumers will be entertaining themselves five years from now.  The implications are significant.  Let me give you some highlights, and then make some quick comments.

- Displaybank, a consumer electronics research group predicts that sales of 3D televisions will grow by 91% this year, making up 3% of the world televisions by

Hollywood Futures Market A Good Idea?

My good friend, Tammy Hunt (talent manager and entertainment professional extraordinaire!), shot me an email yesterday asking if I thought the approval of the futures exchange for trading on film performance is a good idea. I had been following the progress of that story, but I hadn't really stopped to consider the implications.

This afternoon, I responded to Tammy, and I actually was pleased

Why Hollywood is Afraid of a Futures Market - The Truth

There is a lot of resistance in Hollywood to the futures market being finalized by Wall Street brokerage, Cantor Fitzgerald.  In short, CF is seeking final approval to operate an exchange that will allow investors to place bets on the future box office performance of Hollywood films.  Sounds like fun.  So why is there such aggressive resistance in Hollywood?

A quick story that will illustrate my

Tom Tom iPhone App - An Example for Today's Business

I saw an article this morning about improvements in the iPhone navigation/traffic application from Tom Tom.  It struck me that this provides a great example for a lot of companies of how to manage strategy in a dynamic environment.

Tom Tom was chasing Garmin in the navigation hardware business.  However, as car manufacturers quickly adopted built-in navigation systems, and the number of iPhones

Technology Fuels Cultural Growth

That's right - you read that title correctly.  I believe that the technology revolution of the past couple decades is perhaps the biggest boon to our collective culture in the entire history of mankind.  Many of you probably disagree with that statement -- at least I hope so.  It is the perception of a conflict between technology and culture that I seek to dispel. 

First, I view "culture" for

Film Business Remains Strong -- But Different

It's Monday morning -- a holiday in the U.S. celebrating our Presidents.  For those of us in the film business, that means one more day for folks to see another film before heading back to another week of work.  This weekend's box office was topped by a star-packed film that critics hated.  "Valentine's Day" made almost $67 million in its first three days of release.  That is a huge number for a

Many Entertainment Opportunities for 2010

Here we are on February 1. We are fully into 2010 -- past the time when we are wishing one another a happy new year.  We're getting down to business.  We're also past January, which is the month of trade shows and awards.  In the past 30 days, the Consumer Electronics industry had their big shindig in Las Vegas, the musical instrument business had it's major annual conference in L.A., the