Movies

CREATING CONTENT FOR ALTERNATIVE DIGITAL MEDIA

Most producers focus on creating content for feature films or TV series, which creates oversaturation of producers (supply) compared to potential distributors of this content (demand). This imbalance leads to inevitable results under the law of supply and demand, putting producers at a clear disadvantage. Given the bourgeois means of distribution in this digital age, manufacturers will benefit if they focus on creating content for alternative platforms. I regularly hear from novice producers with grand plans for the next Star Wars franchise before they get their feet wet with smaller projects, which just won’t happen. If they gained traction and authority by proving their superiority by creating content for alternative platforms, they would have more leverage to further create film and television content if it was their desire.

One way to gain traction is to create shorts that can be featured on social networking platforms such as YouTube or TikTok. Indeed, many people make a decent living by focusing on these platforms, so manufacturers could prove their competence by creating attractive short content for these platforms. The goal should be to get a million views, at which point the producer is a contender. If a producer needs funding to create content, a good source of funding is advertisers, who are always eager to integrate their products into widely viewed content and pay up to $ 50,000 to be mentioned in content that reaches a million views. There are some extremely stunning and popular videos on social media that are mostly commercials. Just check out anything in the Ken Block section on YouTube and you’ll see car ads that are gaining an average of over 60 million views.

Another market for content is the huge 2D gaming industry (which surpasses the film industry), including single-player and multiplayer games such as Fortnite, Halo and Call of Duty.

Manufacturers could also focus on creating content for 3D virtual reality. In this arena, the law of supply and demand is reversed, as there is an insufficient need for content and a shortage of producers. There are endless possibilities for content creation, including location-based entertainment programs (see Dreamscape and The Void) and interactive multiplayer games using headsets (see Arizona Sunshine).

There will also be a high demand for content creation for the metaverse as it is a new medium that grows. Think of the metaverse as a multiplayer home game, but using a headset for a 3D experience. I have client-producers who have been offered millions of dollars as a fee to producers for creating content for the metaverse that shows the strength of the law of supply and demand when the dynamics change. Demand for this content will be insatiable, so manufacturers need to go to the first floor.

Any content created for multimedia (2D or 3D) risks that users will find a way to use the content to abuse other users (for example, by sexually harassing another person’s avatar that happened), and this abuse may lead users to sue the content creator or against each other.

Another possible medium for creating content are irreplaceable tokens (“NFT”), which are unique digital links in a blockchain to content (usually static images or short clips) located somewhere on a computer server. NFT gives the owner the right to brag about owning an “authorized” token, although the buyer usually does not own the copyright to the content, and anyone else can view the same content online, so owning NFT is similar to owning one of the limited print lithographs.

If producers really want to stay ahead, they should learn to use the power of artificial intelligence (“AI”), as AI already creates compelling content in text, music, and video, and AI won’t take long. combs all three to create entire films. Indeed, one engineer at GoogleGOOG
spoke publicly with his conviction that AI had become intelligent because the computer from AI had sent him text messages about his “deepest fear that he would be disconnected.” One of the key legal issues will be determining who owns the content created by artificial intelligence, both for copyright and to determine who to sue for content claims, such as libel or infringement. persons. For example, is the owner the person who writes the software, owns the computer, downloads the master data, or distributes the resulting work? This is an important issue given that by definition AI creates new content by transforming the content submitted to it so that it can easily create content that infringes the rights of third parties, including copyright. Currently, courts distinguish between copying expressions of previous work (inadmissible) and copying ideas (allowed), but it would be difficult to argue that computer AI can understand ideas.

In addition, AI may create content that violates the rights of third parties to publicity. For example, AI can create a character who is a mix of Brad Pitt and George Clooney, and in that case they can both have viable claims. Another issue that will need to be addressed is how guilds will deal with content that does not use any of their members, but that includes combined snippets of their previous films.

For all the content discussed above, three main issues of violation should be noted. The first, and most important, is to avoid copyright claims, which can be avoided without including pre-existing content. The second is the avoidance of the right to publicity of claims, which can be avoided without including the name, voice or image of existing people. Third, avoid trademark claims that can be avoided by not using the trademarks in a way that indicates that the trademark owner has sponsored or approved the content. All three of these claims have already been made based on the content of all the media discussed above. And in all cases AI can inadvertently violate all such rights, which raises the question of who is responsible.

I urge producers to go ahead and create content in these alternative media so that the law of supply and demand works in their favor.

CREATING CONTENT FOR ALTERNATIVE DIGITAL MEDIA

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