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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