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SELLBOX.COM Why Barry Diller, Google and NBC Are Investing in eBooks A Presentation to the San Diego Entertainment & Sports Lawyers

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The changes being brought by eBooks hold enormous opportunities and consequences for our profession: licensing vs. ownership, format rights, and most recently in the news, the conflict between first-sale doctrine and international sales contracts. Technology is allowing anyone to be a publisher which is upending decades old business practices and at the same time giving professional service firms new tools to serve clients and market to prospects. These slides highlight some of the trends, strategies, challenges and opportunities we continue to experience in an increasingly digital media world.

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Page 1: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

SELLBOX.COM

Why Barry Diller, Google and NBC Are Investing in eBooks

A Presentation to the San Diego Entertainment & Sports Lawyers

Page 2: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

SELLBOX.COM

Three words: marketing, revenue, deal-flow

Page 3: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

SELLBOX.COM

What is an eBook?

PDFeBook

(Kindle/EPUB)

Is reader software free? Yes Yes

Can be given away free Yes Yes

Easy to sell on your website?

Yes Yes

Easy to sell in eBookstores?

No Yes

Read it on any device?Very difficult on small screens

Adapts to any screen size

Page 4: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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What do you need in order to read an eBook?

…or software.

A device… 2012 Device shipments:• Mobile: 700 million• Tablets: 120 million• eReaders: 15 million• PC/Mac: 350 million

Page 5: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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Production and consumption of digital media will expand exponentially …

Top 20 Countries by Number of Mobile Phones

… as personal digital devices proliferate and content manufacturing and distribution costs decline to zero.

Page 6: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

SELLBOX.COM

The reading revolution, only 5 years old, is rapidly transforming 500 years of evolution:•Chain bookseller marketshare: 19%, down from 32% in 2011•Online bookseller marketshare: 44%, up from 25% in 2010•eBook share of all book purchases: 28%•We can now monitor and measure reading habits and interests

We have a shrinkage problem: shelves, time, money, attention.

Page 7: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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5 Trends:

1.Impulse buying2.Collecting3.Grazing4.Multi-format buying5.Non-traditional books

Page 8: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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Entertainment Tie-Ins

Page 9: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

SELLBOX.COM

Marketing & Revenue

FREE

Page 10: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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Reader Convenience

www.sellbox.com/ftc

Page 11: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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Hot Market

Page 12: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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Repurposing Content

Page 13: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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Today’s Hot Topics in Publishing Law

Page 14: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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Kirtsaeng v. John Wiley & Sons:Fallout from the First Sale Ruling

1. Will international price discrimination continue?

2. Will products become increasingly localized?

3. Will publishers escalate a transition to works covered by licensing restrictions?

Page 15: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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What is an eBook? Open Road vs. HarperCollins

“the publisher shall grant no license without the prior written constant of the Author with respect to the following rights in the work: use thereof in storage and retrieval and information systems, and/or whether through computer, computer-stored, mechanical or other electronic means now known or hereafter invented…”

Page 16: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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Shouldn’t it say License now with 1-Click?

Page 17: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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Are publishing territories necessary?

Page 18: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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Social reading challenges expectations regarding reading and privacy.

Reading Over Your Shoulder: Social Readers and Privacy Law, Margot Kaminski, WakeForestLawReview.com

Page 19: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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Agency Pricing: last chance to save our culture?

Winners or Losers?1. Consumers2. Culture3. Publishers4. Amazon5. Apple

Page 20: Why Barry Diller, Google and NBC Are Investing in eBooks. A Presentation to the San Diego Entertainment & Sports Lawyers

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Publishing has never experienced such risks, and opportunities!

David Wogahn:•Digital Media Consulting•eBook Development

[email protected]