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Navigating the IP Landscape

In this issue...

Main Feature ............... 1

Licensing ...................... 3

Legal Affairs ................ 5

Consumer Tech ........... 6

Industry News ............. 7

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ISSUE 02: JULY 2012

As the licensing agent for more than 100 colleges, universi-ties, conferences, bowl games,

broadcast networks and other third-party rightsholders, XOS Digital rou-tinely licenses copyrighted video and photographs on behalf of its partners.

XOS Digital’s Partner Relations group serves as a resource for the company’s partners in navigating the often com-plicated intellectual property (IP) rights landscape. The Partner Relations staff seeks to educate XOS partners, assist in implementing proper procedures to protect their valuable IP assets, and de-velop the necessary infrastructure to

manage and monetize those assets.

Often times, XOS Digital’s partners report seeing their copyrighted con-tent in the marketplace, which they have not approved or provided the rights for use. This is why it is impor-tant to be well versed on the variety of tactics a collegiate institution can employ to ensure that it has the abil-ity to effectively address and prevent unauthorized use.

Below is a list of some of the most common tactics which XOS Digital recommends to protect your intel-lectual property:

01

Licensing Protection and Enforcement Through the licensing of video content, still images, and other intellectual property rights for use by various broadcast networks, production companies, advertising agen-cies and consumer products, XOS Digital is able to generate significant royalties for its rightsholders. When Partner Relations is made aware of unauthorized content use, it works with the rightsholder, the infringer and XOS Legal to reach a swift resolution.

02 XOS Digital

Credential LanguageXOS Digital recommends that its partners ensure that credential procedures and language are in place during the upcom-ing football season. Effective credential language is paramount in preventing unauthorized uses of content captured in and around all athletic events.

YouTube’s Enforcement and MonetizationThrough a premium partnership with YouTube, XOS Digital has the ability to monetize partner video content while also flagging inflammatory or derogatory content for removal.

Footage DisclaimersXOS Digital recommends that its partners use footage disclaimer language for all of the satellite and video feeds that distrib-ute athletic event content to media outlets. This ensures that valuable copyrighted footage is used solely for news purposes.

Where Did that Photo Come From?One of the most prevalent sources of non-university owned photographs are credentialed media members, such as photo agencies and local newspapers. It is important that an institution’s credential policy dictates that photos taken at athletic events are to be used solely for news and editorial purposes. This allows the institution a first line of defense in addressing unauthorized commercial use and reproduction of photographs taken at their athletic events. Obtaining a credential for ac-cess to athletic events is a privilege, not a right. As such, collegiate institutions should subject repeat infringers to revocation of their credentials.

Additionally, many institutions enlist freelance photographers to capture their athletic events. Therefore, it is important to ensure that these free-lancers assign the copyright of their photographs to the institution and sign a “Work for Hire” agreement. This agreement typically stipulates how a freelancer can or cannot use the photographs he/she has taken.

Without such an agreement, the freelancer generally would retain the copyright to his/her photo and may use, exhibit, and license the photographs as they see fit.

The XOS Partner Relations staff is happy to work with partners to implement these various policies and procedures, in addition to en-

forcing and effectively monetizing their valuable IP rights. In the event that you discover your IP content is used without a proper license, please immediately contact your XOS Partner Relations represen-tative.

- Written by Ashlee Rice, Partner Relations Coordinator

03

July 2012

Industry Insider

New Licensing ProjectsFeature Film

Warner Bros. Pictures is producing the up-coming sports-drama

“Trouble with the Curve,” starring Clint Eastwood, Amy Adams, Justin Timberlake, Matthew Lillard and John Goodman. The film, in which Eastwood plays a veteran baseball scout traveling with his daughter for a final scouting trip, will be directed by long-time Eastwood assistant di-rector Robert Lorenz, and will mark the star’s return to the screen for the first time in four years. Game-action video of the April 2, 2004 Arizona vs. Oregon State, April 22, 2005 Washington vs. Stanford, May 23, 2008 UCF vs. Tulane, and May 21, 2008 Southern Miss vs. UCF base-ball games, along with the Feb. 18, 2006 Kentucky vs. South Carolina basketball game and Jan. 14, 2000 North Dakota vs. Wisconsin hockey game were used as playback within several scenes throughout the film.

Athletic Documentaries

“Head Games” is a documentary directed by Steve James (“Hoop Dreams” and “The Interrupters”) about the dangers of concussions in sports. The film is based on Chris Nowinski’s book, and tells the story of how Chris’ injuries from con-cussions, while playing football and wrestling, led to him becoming one of the most passionate and informed

people working to raise awareness of the issue. It includes relevant sci-ence on brain trauma and advice on how to better deal with concussions at all levels of sports. Game-action video from the Sept. 18, 2010 Air Force vs. Oklahoma, Oct. 16, 2010 South Carolina vs. Kentucky and Nov. 13, 2004 Georgia vs. Auburn football games along with the Feb. 23, 2002 Army vs. Syracuse lacrosse game were used as playback within the documentary. Athletic Documentaries

Pathway Films is producing the doc-umentary “Mighty Oregon – A Video History of Oregon Football.” The new documentary, spanning from 2000 to 2011, will feature the most successful period in Ducks football history. XOS has provided footage from the 2011 BCS National Cham-pionship game between Auburn and Oregon for use in the documentary.

Instructional Video

“Inside the Lines” provides a new approach to instructional football video by using former collegiate athletes, currently in the NFL, as a model for success on the field. The film takes an inside look at a player’s journey from Pop Warner to NFL, complete with exclusive interviews. Video of these rising NFL stars, combined with valuable instruc-tional content, is used to strengthen

a young athlete’s understanding of the game. XOS provided footage of former USC football players Steve Smith, Terrell Thomas, Reggie Bush and Taylor Mays to be featured as playback within the DVD.

Television Shows

The CBS television drama “The Mentalist” follows Simon Baker as Patrick Jane, an independent con-sultant for the California Bureau of Investigation (CBI) based in Sacra-mento, Calif. Although not an officer of the law of any sort, he uses skills and knowledge from his former ca-reer as a successful psychic medium to help a team of CBI agents solve various crimes, with the hope of one day bringing his wife and daughter’s murderer to justice. Game-action video of the Nov. 4, 2006 UCLA vs. California football game was used as playback within a scene during the show’s fourth season.

NBC Sports Network’s “Costas To-night” is a monthly talk show hosted by veteran sportscaster Bob Costas. The show covers current topics rel-evant to collegiate sports, and fea-tures Costas conducting in-depth, revealing interviews with leading newsmakers in sports and enter-tainment. XOS cleared BCS footage for use within an upcoming episode.

A&E Television is creating a new tele-vision series titled “Storage Wars

04 XOS Digital

Dallas.” The new series, a spin-off of the hit show “Storage Wars,” is about the world of storage unit auctioning, as cast members bid on lockers to find out what hidden treasures are inside. XOS provided trademark clearance for University of Texas marks as they appear within wardrobe and set dressing during the entire first season (up to 26 episodes).

“America’s Best Dance Crew,” is a competitive dance reality tele-vision series that features street dance crews from the U.S. and around the world. It is produced by American Idol judge Randy Jackson and airs on MTV. The show is hosted by Mario Lopez, and features television personali-ty Layla Kayleigh as the backstage correspondent. For its sixth sea-son, the judges include enter-tainers Lil Mama, JC Chasez and Dominic “D-Trix” Sandoval. XOS cleared Arizona State trademarks as they appear within wardrobe during a performance in the cur-rent season.

Photo Licensing

Lindy’s Sports Annuals has put together a special issue magazine covering the 2011-2012 Univer-sity of Kentucky Basketball team winning the National Champion-ship on April 2, 2012. The issue takes a look at past SEC and Na-

tional Championship teams, and features stories on five of Ken-tucky’s best all-time players: Dan Issel, Cotton Nash, Kevin Grevey, Ralph Beard and Kyle Macy. XOS provided photos from the Uni-versity of Kentucky basketball program.

Content Licensing

XOS Digital has recently secured a deal with NBA Entertainment to provide content for the third part of an ongoing sports series called “Real NBA: Player Profiles.”

Athlon Sports, Inc. is an Internet-based publication that covers professional and college athlet-ics. XOS provided footage for a feature titled “2011 Tough Acts to Follow,” which will profile how Alabama, Stanford and Baylor will replace their top players.

XOS Vault Services

XOS Digital secured a multi-year agreement with the Fiesta Bowl to digitally store, manage and dis-tribute its valuable photo library.

2012 NFL Draft

XOS Digital has provided video content of the top 250-300 colle-giate football players entering the 2012 NFL Draft to several media outlets. These include CBS Interac-tive, Sportschannel New England LLC, VOX Media Inc and WFLD-TV. XOS also provided this video to the Denver Broncos of the NFL. The video highlights provided were used for editorial coverage leading up to the 2012 NFL Draft as well as re-capping the team’s selections on Draft day.

- Written by Ashlee Rice, Partner Relations Coordinator

05

July 2012

Industry Insider

Legal & Business AffairsNo Doubt Allowed to Move Forward in Right of Publicity Case

has been commonplace in the gaming industry for years and the company did nothing wrong.

Additionally, Activision purports to have evidence that No Doubt was told of these “unlocking” features at the time it entered into an agreement with Activi-sion and that the band had no objection at the time.

Attorneys expect the case will go to trial toward the end of 2012.

JustinTV and UFC Settle Copyright Infringement Lawsuit

Popular online video streaming company Justin.tv settled a copy-right infringement lawsuit last month brought by Zuffa’s Ultimate Fighting Championships (UFC). The recent settlement resolves the outstanding litigation between the parties that began in January 2011 after UFC filed a copyright infringement lawsuit against Jus-tin.tv in Nevada federal court. According to court papers, UFC claimed that Justin.tv was liable for copyright infringement under the theory that it was aware that massive copyrighted video was il-

legally streaming on the website and that it took no proactive steps to prevent people from uploading the pirated streams.

Typically, web companies like Jus-tin.tv defend themselves against these types of allegations by ar-guing that they are shielded from liability thanks to the Digital Mil-lennium Copyright Act’s safe har-bor provisions. These provisions provide immunity from liability for infringing copyrighted content uploaded by users so long as the website promptly removes such material upon request of the copy-right owner.

The UFC, which offers paid pay-per-view broadcasts of wrestling matches and kickboxing competitions, con-tended that Justin.tv didn’t have ad-equate mechanisms in place to timely respond to UFC’s takedown notices.

Terms of the settlement were not disclosed.

- Written by Jared Kalmanson, Associate General Counsel

Recently, a Los Angeles Supe-rior Court judge ruled that pop/rock band No Doubt can

move forward with its right of pub-licity case against video game giant Activision Publishing Inc. about how the band’s likeness was used in the popular video game “Guitar Hero.”

According to the court’s most recent ruling, No Doubt’s attor-neys will be permitted to argue that the band, led by Gwen Stefani, was misled by Activision about how the group’s likeness would be used in the video game. This ruling rejected a motion filed by Activision’s lawyers which sought to dismiss several claims, including No Doubt’s violation of public-ity rights and breach of contract claims.

No Doubt originally filed a lawsuit against Activision in November 2009, claiming the band was never informed that users of the video game would be able to unlock ava-tars of the band to perform other artists’ music. According to the complaint, the video game turned the band “into a virtual karaoke circus act.” Activision claims that “unlocking” unadvertised video game features

Consumer Tech Update

XOS Digital06

Advertisers Adding Smart TV to Digital Campaigns

vertising options on the company’s platform. In addition, making online content television-friendly seems to be a popular trend among on-line publishers and content provid-ers.

By targeting consumers on Smart TV, mobile, tablet and web, YuMe plans to provide an integrated campaign platform that will provide reach across all of these mediums

survey, they can easily respond to each question using their TV re-motes.

The responses from the viewers who have not been exposed to the advertisements will be com-pared to the viewers who have been exposed to those advertise-ments, in order to correctly cal-culate the brand lift.

“We believe the ability to reach consumers through Samsung’s market-leading Smart TVs and Blu-ray Disc players presents a unique and compelling value proposition to marketers,” said Daniel Park, vice president, Sam-sung Electronics, in an interview with ReelSEO.

The only unanswered questions are how they plan to augment standard video advertisements and leverage the full power of the Smart TV platform to maximize not only interaction, but also en-gagement, brand uplift and pur-chase intent. Trivia was mentioned as one option, but the underlying issue is ensuring that advertisers see the power and value in the platform as a whole.

- Written by Nathan Christopher, Director of Consumer Marketing

The future of Smart TV was eas-ily the most frequently discussed topic during the annual Consumer Electronics Show this year.

Digital video ad network YuMe an-nounced that it is joining forces with Samsung, the leading manufac-turer of connected televisions and devices, in hopes of providing ad-

combined. In addition, YuMe and Samsung will conduct a brand-lift study on Smart TV ad units. State Farm is a likely candidate for this study, as it was the first advertiser to embrace this new cross-device campaign platform. XOS Digital offers a similar model in the col-legiate sports market called the Digital Sports Network, including

mobile, tablet, web and Smart TV, among other distribution points.

With an on-screen survey served from Samsung’s Smart Hub, the brand-lift study hopes to judge how advertisements actually im-pact the consumer’s perception. The survey will randomly sample viewers and present a small subset with an on-screen group of ques-tions. Once the viewers see the

Here are some current Smart TV audience statistics:

•Currentviewerstendtobeyounger:49percentareages18-34

•OlderusersareinterestedinSmartTV:48percentofthoseaged35-54saidtheymayconnectinthenext12months

•50percentofpotentialuserssaytheyalwaysmultitaskwithotheractivitieswhilewatchingTV

•70percentconnecttheirTVstotheWebviaagameconsole;54per-centbycablebox;44percentviaBlu-rayplayers

07Industry Insider

July 2012

Industry News

XOS Digital welcomes the Southland Conference to the XOS Digital Sports Net-

work. XOS designed, built and will continue to support the manage-ment of the Southland Conference Digital Network which provides fans with multiple access points for original Southland content in a variety of formats. The new South-land.org officially launched on July 2.

“This comprehensive digital sports network provides the ultimate Southland fan experience,” said Chris McCleary, XOS Digital’s CEO. “Through an engaging interactive platform that includes everything from a revamped website, to official mobile and tablet apps and a Smart TV app, the conference is enabled to better reach its fans wherever they are, and at any time of day or night.”

In addition to faster, smoother navi-gation of the conference’s official website, Southland.org, the South-land Digital Network offers exclu-sive video content such as game previews, postgame shows, update shows and other original program-ming.

“The Southland Conference great-ly values the innovation that XOS Digital provides it,” said Tom Bur-nett, league Commissioner. “Our partnership with XOS Digital gives

us the ability to maintain a dynamic, progressive edge. We’re able to stay ahead of the curve by using the lat-est technologies and by introducing emerging concepts, such as those available within the new Southland Digital Network.”

The number of connected plat-forms comprising the Southland Digital Network includes an ex-tensive digital library of exclu-sive sports content available 24/7, greatly increasing the reach of the Southland Conference Television Network. The Southland Confer-ence will also re-launch their of-ficial YouTube channel, youtube.com/southlandconference.

The conference’s official athletic website provides interactive scores, schedules, media releases, stand-ings, statistics, a photo store and a video on-demand store. In addi-

tion, through a digital account, fans can access exclusive content via the Southland download store and watch it on any compatible device.

The conference’s completely rede-signed website extends its broad reach through the comprehensive digital network which can be ac-cessed through many different televisions and devices. The net-work also includes a Southland mobile application for the iPhone, iPad and Android devices. The app delivers updates to fans on the go with news, stats, schedules and highlights.

XOS Digital will also serve as the exclusive licensor for all Southland Conference multimedia.

- Written by Nathan Christopher, Director of Consumer Marketing

The new Southland ConferenceDigital Network logo.

The new Southland Conference Digital Network on Mobile and Tablet

XOS Digital Launches Southland Digital Network