Obiter Dicta Issue 14 - April 7, 2014 | Page 4

page 4 NE W S Entertainment for all: a perspective on the 2014 Osgoode ESLA Conference SAM MICHAELS Staff Writer With television and movie producers increasingly turning to the Internet to reach audiences, and the music industry in a state of chaos as they lose hold of the proprietary value once held in their product, it is clear that major changes to the entertainment industry are underway. Significant shifts in the expectations of audiences, the makeup of that audience, and the availability of services, have meant that a fundamental rethinking of the value of entertainment is required. Within this context, entertainment lawyers are being forced to choose sides, holding on to the traditional values of the industry, or innovating to try and capture profitability within the changing landscape. Given that such substantial changes have already become engrained in our culture and expectations, I would argue that innovation has emerged as the only viable option. At the 2014 Annual Osgoode Entertainment and Sports Law Association Conference, an interesting and well-run event held in early March, the growing divergence in the entertainment industry was on full display. While some speakers seemed to approach the changing marketplace with excitement and intrigue, others made clear they were perfectly comfortable in the confines of the status quo. In the morning session of the conference, Dave Hopkinson of Maple Leaf Sports and Entertainment accurately articulated the excitement in the sports world over the changing landscape. With greater access to games through online services, MLSE has begun focusing their efforts on a user-driven, customizable viewing experience, utilising new technologies and services available through the Internet. The United States is already years ahead of us on this model. This year, March Madness was streamed online for free through the NCAA.com website, on a customizable platform that allowed users to switch between games, check stats, and interact on social media. With such services entering the Canadian marketplace, the industry has little choice but to seek out the benefit of such changes. The hesitance to take such a forward-thinking approach was clear during the conference’s afternoon session. Pamela Dinsmore of Rogers Media seemed to embody the attitude which has garnered her company’s negative reputation for years. Rogers is prepared to take only incremental steps into the online television market, and only after other companies have proven such changes successful. While Netflix continues to gnaw away at their customer base, Rogers seems prepared to hold fast. Unfortunately, given their monopolistic position in our marketplace, Rogers is one of only a few companies that could actually still garner making activities in an online world where viewership does not necessarily translate into profits. Within the legal context, this will likely mean that lawyers provide increasingly consultative services for clients, helping them understand the new financial landscape as they adapt. Where adaptation seems most needed, and, ironically, most fiercely resisted, is in the music industry. The dissemination of music over the Internet has vi 'GV