HEADS OF ČT, TV NOVA AND TV PRIMA AT DIGIMEDIA 2023

The meeting of TV and radio broadcasting experts will take place for the 18th time this year on Wednesday 14 June in Prague.

Participants of the 18th annual DIGIMEDIA 2023 conference, which will take place on Wednesday 14 June 2023 in the Congress Hall of Czech Television in Prague’s Kavčí Hory, will have the unique opportunity to watch a discussion between the CEOs of the three largest Czech television groups, i.e. Czech Television, TV Nova and FTV Prima, and to participate in a panel debate with them. Among others, Petr Dvořák, CEO of ČT, Daniel Grunt, CEO of TV Nova, and Marek Singer, CEO of FTV Prima, have already confirmed their participation in the event.

“The cast of this year’s DIGIMEDIA will be even richer. Štěpán Wolde, CEO of the Óčko TV group, and Michaela Suráková, Managing Director of Atmedia Czech, will also be present. As well as representatives of the largest TV and radio broadcasters in the Czech Republic, the CEO of Czech Radio Communications Miloš Mastník and the co-owner of Digital Broadcasting Nikola Chrenčíková Pařízková,”

says Pavel Brabec, President of the Association of Czech Advertising Agencies and Marketing Communications (AČRA-MK), which is organising the DIGIMEDIA 2023 conference in cooperation with Czech Television.

The Chairman of the CTU Council and the presidents of AKTV and APMS will also be presented.

The conference will traditionally be divided into three thematic blocks focusing on television broadcasting, streaming services and the digitalisation of radio broadcasting. In the first block, DIGIMEDIA 2023, in the presence of the new Chairman of the Council of the Czech Telecommunications Office, Mark Ebert, representatives of the Ministry of Industry and Trade and terrestrial TV network operators and TV stations, will focus on preparations for the autumn World Radiocommunication Conference WRC-23, which will address the future of terrestrial TV after 2030, when the guarantee of the 500 and 600 MHz frequency bands for TV broadcasting is due to end. It will also focus on the issue of financing public service television, the development of new broadcasting standards as well as terrestrial TV broadcasting designed for 5G Broadcast mobile devices.

The second session of the conference will focus on streaming services, IPTV and other forms of TV content distribution beyond terrestrial broadcasting. It will include representatives of the largest domestic streaming platforms Voyo, iBroadcast CT, prima+, as well as representatives of operators who provide the necessary infrastructure for them, such as Marcel Procházka, Director of the Regulatory and Legal Department of Czech Radio Communications. The hot topic will be the introduction of new tariffs for streaming services with advertising, the fight against content pirates and illegal sharing of films and TV series on Internet storage sites, and the preparation of applications for smart TVs and other smart devices available on the Czech market.

What will be the exact procedure in the auction of frequencies for DAB+?

In the third session, the DIGIMEDIA 2023 conference will focus on the development of digital radio broadcasting in the Czech Republic, in particular on the auction of frequencies for DB+ networks intended for commercial radio. The session, which will be attended by René Zavoral, Director General of Czech Radio, Jiří Duchač, Head of the Frequency Spectrum Management Department of the Czech Radio Office, Jakub Juhas, Managing Director of Digital Broadasting and Progress Digital, and Miroslav Pýcha, Managing Director of Joe Media, will also touch upon the introduction of electronic radio listenership measurement, the improvement of the in-door coverage of the Czech Radio’s digital network, and the plans of commercial radio stations to create new thematic stations for digital distribution.

The DIGIMEDIA 2023 conference is held under the auspices of the Ministry of Industry and Trade, the Ministry of Culture, the Czech Telecommunications Authority and the Broadcasting Council. The general partner of the event is Czech Television, which traditionally provides the venue for the event and will broadcast the entire conference live on iVysílání.cz, where a complete recording of the event will also be available. Among the partners of the conference are also Atmedia Czech, Media partners of the conference are Marketing and Media weekly, MediaGuru.cz, Televizníweb.cz and AVERIA titles – ICT Network News, B2B Network News.

The detailed programme of the DIGIMEDIA 2023 conference and registration forms for participants can be found at www.acra-mk.cz.

Source: televizniweb.cz

RECOMMENDATION ON COMBATING ONLINE PIRACY OF SPORTS AND OTHER LIVE EVENTS

The purpose of this Recommendation is to combat online piracy of sports and other live events. As regards sports live events, it is necessary to encourage Member States and all relevant stakeholders to take effective measures against unauthorised retransmission of live sports events, while guaranteeing the necessary safeguards to protect fundamental rights.

On 4 May 2023, the European Commission adopted a recommendation on ways to combat commercially-oriented online piracy of broadcasts of sports and other live events such as concerts or theatre performances. It encourages Member States, national authorities, rights holders and intermediary service providers to take effective, balanced and appropriate measures to combat unauthorised transmissions (streaming), in full compliance with fundamental rights and data protection rules. The Recommendation is intended to help step up the fight against this type of internet piracy and, as a result, strengthen the competitiveness of the EU’s sports and creative industries.

AKTV INVITES FOR THE CZECH SPEAKERS IN NEXTV CONFERENCE PROGRAMME

The Association of Commercial Television invites for Czech speakers in the programme of Nextv Ad Europe and Nextv Series Europe conferences. The conferences will bring news from the advertising and media industry and will take place in Prague on 10th – 12th May 2023. You can look forward to topics from advertising, OTT and VOD. The Association of Commercial Television (AKTV) is the media partner of the event.

Don’t miss these panels featuring speakers from ACPV members:

10. května – Nextv AD Europe:

  • Iva Dohnálková, Business Development Manager, TV Nova – Advertising innovations from FTA broadcasters
  • Petr Miláček, Director of Analyses, FTV Prima – Audience measurement in the OTT Era

11. května – Nextv SERIES Europe:

  • Daniel Grunt, CEO, TV Nova – OTT competition: Is there room for new players? / The changing landscape of the TV and OTT market in CEE
  • Jakub Strýček, Marketing Director, TV Nova – OTT competition: Is there room for new players?
  • Jan Vlček, Group Revenue Officer, CME – FTA´ s role in the streaming landscape

12. května– Nextv SERIES Europe:

  • Josef Beneš, VOD Director, TV Prima – The Changing Landscape of the TV and OTT market in CEE
  • Daniel Grunt, CEO, TV Nova – The changing landscape of the TV and OTT market in CEE
  • Silvia Majeská, Program Director, TV Nova – Surge of SVOD: Content Strategies of Pay TV and Brodacasters

Detailed program here:

 

CZECH TV STRONGEST IN APRIL, NOVA IMPROVING SHARE

The Czech Television stations remained the strongest in the general audience in April. However, the gap at the top has narrowed, with Nova improving the most among the top three groups in April.

Czech Television stations recorded a cumulative share of 28.97% in all-day broadcasting in the audience group over 15 years of age in April this year and maintained their leading position in TV viewership. The Prima group remained a close second in this group, while the Nova group improved the most among the top three. At the same time, the Nova group remained the strongest in prime time 15+ in April, as well as in the 15-54 and 15-69 audience categories in both daytime and evening. This is according to official ATO-Nielsen measurement data.

Alongside the Nova group, Atmedia’s representation has been the most successful year-on-year, as well as Television Seznam, which reached a market share of almost 2% in April (15+, all day). Television Seznam’s growth is also helped by Atmedia, as Atmedia is also a seller of advertising space for this TV channel.

In prime time, the Nova group grew the most year-on-year, with Atmedia and Television Seznam also posting higher gains.

Source: ATO-Nielsen, 1.4.-30.4. 2023, TV live+ TS0-3 ke dni 2.5. 2023, prime-time = 19:00-23:00Among the individual TV stations, besides the aforementioned Television Seznam, which benefited from its Easter broadcast, the sports channel CT Sport, the main channels Nova and CT1, and the thematic channels Nova Cinema, Nova Gold, Nova Action, Prima Zoom, Prima Krimi and CNN Prima News had better results this April than in the same month last year. FilmBox and FilmBox Stars also performed well.

The most watched programmes in April were the series Volha (CT1), Specialists (Nova), Odznak Vysočina (Nova), Cuckoos 2 (CT1), Televizní noviny (Nova) and ZOO (Prima).

Source: mediaguru.cz

AKTV CONGRATULATES ON THE ANNIVERSARY OF THE LAUNCH OF TV BROADCASTING IN THE CZECH REPUBLIC

The Association of Commercial Television, whose founding members are the Nova, Prima and Óčko television groups, joins the celebrations of the launch of television broadcasting in the Czech Republic. Television broadcasting in the Czech Republic was launched on 1st May 1953. To mark the occasion, AKTV is publishing a timeline with an overview of the most important milestones of television broadcasting.

1st May marks seventy years since the launch of television broadcasting in the Czech Republic. Since its inception, the television screen has become an integral part of living rooms, a place where generations of viewers have kept a keen eye on important events and significant milestones in world history. But television is also a centre of entertainment and amusement. Even the advent of the internet has not brought a decline in the popularity of television.

Television remains the most popular medium in today’s digital age. Its unrivalled advantage is its huge reach (95% of the TV population per month), its huge viewership and the fact that it appeals to all age groups.

AKTV joins in the congratulations and happily wishes the broadcaster many happy viewers and many more successful decades. To mark the occasion, it is releasing a timeline with an overview of the most important milestones of the broadcaster.

THE MEDIA IS A SPEEDBOAT. OPPORTUNITY AHEAD IS HUGE, SAYS THE DEPUTY CEO OF CME

Is media a field in decline? Few will refute that as forcefully as Dušan Švalek. The man who already largely runs the operations of CME, the multinational group that operates the Czech Republic’s most-watched commercial television and has huge plans for the Voyo video library.

The movements he indicates with his hand are telling enough in themselves. But to make it clear, Dušan Švalek will complement his gestures with words. “Telco is like a tanker, you turn the helm to the right and for two more years the ship goes in the same direction before it slowly starts to turn,” he says. “Whereas media, that’s a speedboat. In media, you change direction in a picosecond.”

The experienced manager started at the Boston Consulting Group, then held senior positions in telecommunications at Deutsche Telekom and most recently at Slovak Telekom in his home country. But he is now finishing his first year at CME, the PPF-owned media giant. Officially in the role of Deputy CEO. However, even the group’s first man Didier Stoessel admitted during a meeting with journalists: “I certainly couldn’t have done it on my own, and Dušan is taking over a lot of my responsibilities, certainly more than half of them.”

Švalek himself just smiles when asked if this trend can be translated as him heading to the role of CME boss. The fact that Stoessel, a Frenchman, is already the chief investment officer of the entire PPF could theoretically indicate that.

“All I can say is that I work very well with Didier and I feel comfortable in our tandem. I appreciate his experience in the business and corporate world and his work with numbers,” says Švalek. “In media, you need to be able to use both the right and left hemisphere, which I really see in him. I’ve learned a lot of new things in my year here, my personal ambition is to enjoy my work.”

And he probably does enjoy working at Barrandov, although it is still only the beginning. Švalek came to CME at a time of radical transformation, when Voyo had already become the cherished project of the future. This SVOD service – short for a video library with paid content that can be watched anytime and anywhere – has already amassed over half a million subscribers in the Czech Republic and Slovakia.

A third of Nova’s viewers are watching new series either on Voyo or via delayed viewing. And this ratio is only going to rise.

“It’s terribly interesting! The opportunity is huge, no one can even say how big, because everything is being redefined,” Švalek recounts with obvious enthusiasm. “The change in the way we entertain ourselves and spend our leisure time is so radical that it’s really exciting. We can be part of it when something completely new is being created.”

Among other things, Švalek’s contribution is that he was used to operating in multiple markets at the telco business, which suits CME’s spread across Europe. “But I had never thought about the complexity of media before. I really enjoy it and the dynamics of the business are something else,” he compares.

For telecoms, for example, he estimates an investment cycle of five to 10 years, typically for 5G technology or fibre networks. “For fibre optics, it takes at least two years from the first idea to the moment the first digger starts digging. It takes another three quarters to a year to build – and the technology is there for another fifty years. The cycle is awfully long compared to media,” says Švalek. “For us, developing a new title from first idea to implementation can take six months to a year, sometimes even less. And you have immediate feedback from customers.”

The bet on the trend set by the world’s giants such as Netflix, HBO and Disney+ dates back several years, to the time when PPF was ruled by Petr Kellner. Significant investments were and are associated with it, Stoessel talked about hundreds of millions of crowns in an interview with Forbes last year.

“It’s a long-term project. You have to believe, you have to be committed to the idea and you have to invest,” agrees Švalek. “And I feel that PPF really believes in us. My feeling is based on various discussions and probably the best way to measure it is by the investment decisions they make to support us. That’s where it always shows up.”

King of Šumava, Iveta, or even the paranormal series Vědma… Dozens of new series a year are produced, often either purely for Voyo or for viewers to see in advance. “PPF believes that we have assembled a team at CME that has the skills and ambition to handle such a business well. At the same time, there is also a certain social issue. The emphasis on quality is really taking the culture in those countries a little further than in the past,” says Švalek.

This is not self-praise; the quality TV trend is also appreciated by critics. As long-term and strategic as the Voyo project is, Švalek returns to his speedboat metaphor. Speed is needed above all in decision-making. “Whether you put a title on Voyo or on linear broadcasting, you know the answer the next day. That’s why it’s routine for us to look at the previous day’s numbers in the morning. And we can react to them,” Švalek explains.

Regarding to this, they are in agreement with the owners. “PPF has an entrepreneurial spirit, is agile and knows how to take risks, which is not exactly the rule in larger corporations and multinational companies, where decision-making processes are much more difficult – lots of floors, lots of time, but little action,” Švalek says. “Here I feel there is a reasonable balance between action and risk.”

That’s why he and Voyo are starting to venture into more uncertain areas. After blockbusters, including one about the fate of Iveta Bartošová, they created Vědma, a series on the edge of the supernatural and sci-fi genres. “As time goes on, we’ll have to segment more and more so that people can watch it everywhere, anytime. Because it’s standard even within a family that its members watch different things in different rooms. We will even go beyond the mainstream,” says Švalek.

Two things are key in this regard, he says. Not only what is hidden under the term household penetration, which can be understood as the number of subscriptions per household. Perhaps even more important is something else: “The mental capacity of the people we can occupy. This is something we pay particular attention to when competing with global players.”

He zooms in on this by claiming that the biggest competitor for Voyo is not so much rival streaming platforms, but people’s leisure time itself. Indeed, the expected state of affairs for the not-too-distant future is that households will subscribe to multiple services.

But international production relies on similar practices and genres, logically selecting from a portfolio of international stars. Voyo, on the other hand, wants to be essentially based for the Czech-Slovak audience. So that it can always be their first complementary choice to Netflix, HBO and others.

“What is important for us is the ambition to grow,” agrees Švalek. “We still believe there is room for good local content and our strategy is to occupy that space. But this is not about marketing. What we do will never work without a very high quality product.”

Which is fun. “Awful fun,” agrees Švalek gleefully. “Art is about emotion, and our products are emotional. Plus, as an analytical type, I like complexity, and media is a very complex field. Producing a series like Ulice is no different from planning an elaborate project.”

One example of a complex – and therefore, for Švalek, fun – issue is the content selection process itself. “We have a lot of data on what viewers want, what type of content, storylines and cast they prefer. At the same time, when deciding what title to invest in, it’s always about emotion, personal judgement, feeling. The winners are those who can combine these two things,” he says, referring back to the need to connect both hemispheres of the brain, the intellectual and the emotional.

But the process does not end there. According to Švalek, building a program also offers a huge number of combinations. Thinking about the habits and requirements of the audience is only the beginning. “You immediately add another layer, advertising space and sales,” he says. “What target do you choose to match not only the audience need but also the advertisers? How do you profile the product to fit the advertisers who are strongest in that economy? How does it all come together? That’s the essence of it, being able to connect different things and think about them in context.”

So far, CME has been able to do this thanks to a boss tandem in which Švalek is becoming more and more busy.

Source: forbes.cz

VOYO WANTS ONE MILLION USERS, PLANS DOZENS OF NEW PROJECTS

The viewership of the Nova Voyo streaming service is growing. It attracts viewers’ attention mainly with new original series. At the end of February, the service already had half a million active and paying users in the Czech Republic and Slovakia. But the goal of the managers is higher, Voyo wants up to a million subscribers.

“Voyo is a lovebrand,” Didier Stoessel, head of CME, which includes Voyo and Nova TV, told reporters. In fact, a survey commissioned by CME found that 34 per cent of Czechs think of Netflix and 30 per cent of Voyo before HBO max and Disney+ when pay-TV is mentioned. In Slovakia, the result was an even 34 percent for both Voyo and Netflix. The increase in Voyo viewers is helped in part by current trends in TV viewing, where viewers are moving away from watching shows in real time and using more delayed viewing.

In addition, executives are betting on content. “We want to be the most watched platform with local content,” CME Chief Operating Officer Dušan Švalek outlined the strategy.

CME is therefore investing in original productions such as series or miniseries filmed directly for Voyo, such as The Roubal Case, Guru or the latest King of Sumava, Sex O’Clock or the continuation of the series about singer Iveta Bartosova. Seventy more projects are in the pipeline.

CME management would like to reach the million paying viewers mark in two years.

Voyo appeared on screens in January 2020 and its reboot began in early 2021.

CME, which has been part of PPF since 2020, operates TV stations in Croatia, Romania, Slovakia, Slovenia and Bulgaria, in addition to the domestic Nova and Voyo, and is one of the leading media and entertainment companies in Central and Eastern Europe. CME reaches 45 million viewers.

Source: idnes.cz

AKTV A MEDIA PARTNER OF THE NEXTV AD EUROPE AND NEXTV SERIES EUROPE CONFERENCES

The Nextv conference series moves to the heart of Europe in May. The conferences will be hosted by Dataxis from 10 to 12 May in Prague, and the Association of Commercial Television has become a media partner.

Both events will feature experts from AKTV member companies as speakers, such as Daniel Grunt, CEO of TV Nova, and Josef Beneš, Director of VOD services at FTV Prima.

 

At the third edition of the Nextv Ad Europe conference on 10 May, experts from the world of TV advertising will focus on the latest developments in TV advertising and how to integrate programmatic and TV strategies.

Nextv Series Europe will then look at the trends, innovations and strategies that are driving the connected ecosystem of TV, telecoms and OTT.

“AKTV aims to bring the best of the TV world and new trends to advertisers and media agencies through its ScreenVoice brand. We are therefore very pleased to be a partner of the prestigious Nextv conferences this year, following the success of last year’s HbbTV Symposium.”

says Klára Brachtlová, President of AKTV.

The detailed conference programme is available on the website of each event.

Attendees who use the special discount code “AKTV15” will receive a 15% discount on the entrance fee.

 

Association of Commercial Television (www.AKTV.cz)

The Association of Commercial Television represents the most important commercial broadcasters in the Czech Republic. Its aim is to defend, support and promote their common interests.

AKTV actively participates in the preparation of national and European legislation related to commercial television broadcasting, personal data protection, journalistic work or commercial communications. It is a partner for public authorities, EU institutions and other stakeholders. One of ACPV’s main activities is to protect the copyright of its members and to fight against internet piracy.

In addition, AKTV is also active in promoting television as an advertising medium. To communicate with advertisers and media agencies, it runs the information website ScreenVoice.cz and regularly organises industry conferences.

 

ScreenVoice (www.ScreenVoice.cz)

On ScreenVoice.cz readers can find inspiration, trends, research and news about what is happening in the television world in the Czech Republic and abroad. Each month is dedicated to one topic, for which original content is prepared. Thus, readers can expect a magazine reading about the first ever TV advertisement, a Christmas or Valentine’s Day special, or a reflection on advertising during the covid or the war in Ukraine. The theme of the month is complemented by a calendar of industry events, a glossary of terms from the world of total video, or the popular Myths and Facts about TV section, which provides a range of data to debunk the most common myths about TV. A separate category is the archive of AKTV events, where those interested can find all the recordings of performances and speaker presentations from the last six years.

PARKS: TOTAL PIRACY LOSSES FROM STREAMING SERVICES TO REACH $113BN BY 2027

Piracy rates for US streaming services are expected to rise from 22% in 2022 to 24.5% in 2027, according to Parks Associates.

In an announcement at NAB in Las Vegas this week, the research firm said it was estimating a cumulative loss from piracy of $113 billion by the end of 2027.

Parks’ new study Streaming Piracy Market & Ecosystem Strategies shows visits to pirate hosting websites increased by 31% in 2020 and industry leaders seek new piracy policies to stem revenue losses.

“While there is some optimism that emerging countermeasures and best-practices may see piracy begin to plateau by 2027, there is no consensus among stakeholders as to when it may begin to decline,” said Steve Hawley, Contributing Analyst, Parks Associates, and Managing Director of the Piracy Monitor industry newsletter and consultancy. “This research provides a much-needed understanding of the issues at hand and the technologies and approaches available to fight piracy.”

Parks Associates’ research indicates that video service providers may reduce the motivation for password sharing by restricting the number of users who can stream the service simultaneously. However, this will have a negative impact on the user experience for online video users and act as a deterrent to password sharing. Netflix is introducing a feature that will allow users to share accounts for an extra fee, and Adobe launched “Prime Account IQ” to help providers identify when viewers are sharing credentials.

“The number of households who share account credentials and consume pirated content is rising. People are increasingly looking for new ways to satisfy entertainment needs,” said Sarah Lee, Research Analyst, Parks Associates, and contributor to the report. “Participation in sharing account credentials increased 48% since 2019.”

Source: broadbandtvnews.com

 

WHAT ARE THE LEGAL CONSIDERATIONS OF AI IN THE TRADEMARK LICENSING INDUSTRY?

Generative artificial intelligence (AI) has several benefits for the trademark licensing industry: creating images of new licensed products, developing creative assets, and conducting market research. However, there are also a number of legal issues that brands must be aware of.

Here’s everything you need to know.

What is generative AI?

Generative AI refers to a type of artificial intelligence that can create new content or data. It uses machine learning algorithms to scan, review and learn from large volumes of data and then generate new content based on that learning. The generated content can include text, images, music and video.

Some of the current applications of generative AI include chatbots, language translation software and recommendation engines. However, generative AI has the potential to create entirely new forms of content that would be impossible for humans to produce on their own.

Recently, there has been a great deal of interest in, and use of, new generative AI systems such as OpenAI’s ChatGPT-4 and DALL-E 2. Microsoft has invested billions in OpenAI and is using ChatGPT to enhance its Bing search engine and Edge web browser. Google has launched its own AI chatbot, Bard. And AWS (Amazon Web Services) has partnered with Hugging Face to make Hugging Face’s products, which include an AI language generation tool named Bloom, available to AWS’s cloud customers who want to use the tools as the building blocks of their own applications. As the technology continues to advance, we will see greater adoption and more applications of generative AI.

Use of AI in the trademark licensing industry

Trademark licensing is an important commercial tool for trademark owners, enabling them to derive significant rewards by allowing third parties to use their marks. There are several ways generative AI can be a potentially game-changing technology for the trademark licensing industry.

One of the key ways generative AI can be used is in the development of images of proposed new licensed products based on generative AI system inputs of brand owner logos and trademarks, style rules and guidelines, and the desired categories and products.

Other possible uses include the development of creative assets such as style guides and sales materials, as well as market research, licensing plan development outlining potential categories for extension, retail channels and territories, and identification of potential licensee partners.

Legal issues with generative AI

There are several legal issues that can arise with the use of generative AI. One of the main concerns is that it can create content that may infringe on someone else’s intellectual property rights. For example, if an AI system generates an image of a proposed new licensed product that looks substantially similar to a competitor’s existing product, there could be questions about whether or not it constitutes copyright and/or trade dress infringement.

Similarly, if an AI system generates a design for a licensed product that is similar to an existing patented product, there could be patent infringement issues. In the event of infringement claims, who is liable? Is the owner of the AI system that scraped the Internet for huge volumes of data responsible, or is the user who queried and prompted the system and used the output liable? Although case law in this area is scarce, owners of AI systems are imposing terms of use that seek to shield the owners against liability and shift responsibility to the users. The success of this strategy is not certain as, again, case law in this area is scarce.

Another legal issue with generative AI is whether the output is protectable by copyright. Most copyright laws worldwide are based on an assumption that works of authorship are the creative output of human beings. With generative AI, the law has fallen behind reality. One argument in favor of protectability is that corporations are routinely recognized as the author of a work. Unfortunately, in connection with purely AI generated works, that argument has not yet been embraced, by either the US Copyright Office (USCO) or the courts.

On February 21, 2023, the USCO decided to register a work that was generated by both a human (i.e., the text) and AI (i.e., the images), specifically including the human-generated text and the selection, coordination, and arrangement of that text with the AI-generated images. The USCO conditioned its decision on the copyright applicant’s explicit exclusion of the non-human authorship contained in the work. In reaching its decision, the USCO reasoned that “[b]ecause of the significant distance between what a user may direct the AI system to create and the visual material the system actually produces,” the applicant did not have enough control over the final images generated to legally be considered the “inventive or master mind” behind them.

On March 16, 2023, the USCO issued further guidance stating that AI-generated works can indeed “contain sufficient human authorship to support a copyright claim. For example, a human may select or arrange AI-generated material in a sufficiently creative way that ‘the resulting work as a whole constitutes an original work of authorship’… What matters is the extent to which the human had creative control over the work’s expression and ‘actually formed’ the traditional elements of authorship.” However, human generated AI system prompts do not meet the human authorship requirement and are, therefore, not registrable. According to the USCO, prompts “function more like instructions to a commissioned artist—they identify what the prompter wishes to have depicted, but the machine determines how those instructions are implemented in its output.” The USCO’s guidance advises that copyright registration applicants have a duty to disclose the inclusion of AI-generated content in a work submitted for registration and provide a brief explanation of the human author’s contributions to the work.

Regulatory guidance and enforcement

The US Federal Trade Commission (FTC) has issued guidance on the use of AI and algorithms in business practices. The FTC recommended that companies should take steps to ensure that their AI systems are accurate, transparent, explainable and fair, and that they should be mindful of the potential for these systems to perpetuate fraud or amplify biases.

On March 3, 2023, FTC spokesperson, Juliana Gruenwald, told Business Insider,“The FTC has already seen a staggering rise in fraud on social media…AI tools that generate authentic-seeming videos, photos, audio, and text could supercharge this trend, allowing fraudsters greater reach and speed.”

In June 2022, the FTC recommended that Congress pass laws to prohibit the use of AI tools to commit fraud and cause consumer harm. The FTC has also brought enforcement actions against companies for deceptive or unfair practices and privacy violations related to AI.

In March 2022, the FTC reached a settlement with a company for AI privacy violations by requiring the company to destroy algorithms and models based on wrongful data collection and processing. It is important to note that the field of AI and machine learning is rapidly evolving, and the regulatory landscape is likely to change, as well. Therefore, it is important for users of generative AI to stay informed of the latest developments and best practices in this area.

Minimizing legal liability

When using generative AI, there are several steps companies can take to minimize liability:

  1. Be transparent:Clearly communicate that AI generated content was, in fact, generated by an AI system. If appropriate, provide information about the prompts used to elicit the AI generated output.
  2. Review output:Monitor the output of the AI system to identify and address any issues or errors. Have a process in place for company personnel to review, search for and remove infringing, inappropriate or harmful content generated by the AI system.
  3. Engage counsel:Consult with legal counsel to ensure compliance with relevant laws and regulations, and to develop appropriate policies and procedures for using generative AI.
  4. Implement safeguards: Implement safeguards to avoid violations of applicable laws and regulations and maximize compliance with companies’ established policies and procedures.

Generative AI can be a valuable tool for the trademark licensing industry. However, its use can create legal and regulatory issues. Given the legal implications and risks, it’s important to think about a framework for employee use. To minimize the risk of claims and damages, companies should consider developing appropriate policies and procedures that mitigate potential risks and address legal and ethical concerns arising from the use of generative AI.

Source: thedrum.com

 

NOVA AND PRIMA HAD THE HIGHEST SHARES OF GRP IN THE FIRST QUARTER

Hosehold share of the TV advertising market by GRP received were unchanged in the first quarter of 2023.

Domestic TV stations delivered only a very slightly lower number of GRPs in the advertising TV market in Q1 2023 than in the same period a year earlier (-1.5%). Media Club and Nova Group remain the strongest commercial networks in terms of GRPs delivered, while Atmedia and other TV stations, among them mainly Televize Seznam, posted the highest year-on-year increases in the period under review. Data from the ATO-Nielsen Admopshere monitoring shows this.

Nova and the main channel Prima delivered the most GRPs in the first quarter. They are followed by Prima Krimi, Prima Max, Nova Cinema, Prima Cool and other stations.

According to non-public information, TV advertising performed well in the first quarter of 2023, maintaining a growth in the higher single-digit percentages year-on-year in GRPs.

Representation Media Club (stations of the Prima Group, Barrandov, Óčko and some other thematic channels) recorded the highest share in all-day viewership in the audience categories 15+ and 15-69 in the first quarter of 2023. In the 15-54 audience group, the Nova group showed the highest share.

Source: mediaguru.cz

ARTIFICIAL INTELLIGENCE COMPOSES, DRAWS AND COPIES. AND LAWSUITS ARE COMING

Consider two music industry approaches to artificial intelligence (AI). One is taken by Giles Martin, son of Sir George Martin, producer of the Beatles. Last year, he used AI to remix the Beetles’ famous 1966 album Revolver. It learned from the original mono recording what all the band members’ instruments sounded like (John Lennon’s guitar, for example), and Martin was then able to separate them and reverse-engineer them into stereo.

The result was stunning. The second approach isn’t bad either. It features the response of the moody Australian singer-songwriter Nick Cave to lyrics written in his style by ChatGPT, an AI-powered tool developed by the startup OpenAI. “These songs suck,” he said. “Songwriting is not imitation, replication or pastiche, it’s the complete opposite. It’s an act of suicide that destroys everything man has tried to create in the past.”

Remember the Napster

Cave is probably not impressed by the latest version of the algorithm hiding behind ChatGPT, called GPT-4, which OpenAI recently introduced. Martin may find it useful. Michael Nash, executive vice president and manager of digital products and services at Universal Music Group, one of the world’s largest music publishers, illustrates with these two examples the excitement and fear that is generated by the artificial intelligence that powers content-generating applications like ChatGPT (text) and Stable Diffusion (image).

AI can help in the creative process. But it can also destroy it or completely hijack it. When it comes to recorded music in general, the rise of bots is reminiscent of another historical event that shook the world: the meteoric rise and fall of Napster, the turn-of-the-millennium platform for sharing mostly pirated song recordings.

Copyright law ultimately took care of Napster’s demise. For aggressive bot providers who are accused of going over the dead bodies of intellectual property, Nash has a simple message that sounds like a threat from a music industry veteran who remembers the Napster era: “Don’t go to the market to beg for forgiveness later. That’s what Napster did.”

The main problem here isn’t AI-created Cave-themed songs or fake Shakespearean sonnets. It’s the oceans of copyrighted data that the bots sucked up in between learning to create anthropomorphic content. This information comes from everywhere: social media feeds, internet search engines, digital libraries, television, radio, statistics, and so on.

AI models are guilty of robbing databases, often without permission. Those responsible for the source material complain that their work is siphoned off without their permission, credit or compensation. AI platforms are simply doing to other media what Napster used to do to songs: completely ignoring copyright. Lawsuits are starting to swarm.

Define fair use

It’s a legal minefield with implications that reach beyond the creative industries into any business where machine learning plays a role, from self-driving cars to medical diagnostics and factory robotics to insurance and risk management. True to its bureaucratic nature, the European Union has issued a copyright directive that also talks about data mining (it was written before the current bot boom).

Experts say America lacks precedents specific to generative AI. Instead, it has conflicting theories about whether data mining without permission is permissible under the “fair use” doctrine. Napster tried to defend “fair use” in America, but failed. That doesn’t mean the result will be the same this time.

The main “fair use” arguments are fascinating. Let’s quote a lesson on the subject published in the Texas Law Review by Mark Lemley and Bryan Casey: a use of a copyrighted work is considered fair use when it serves a valuable social purpose, the source material is transformed from the original, and the act does not in any way affect the core business of the copyright owner.

Critics argue that AI does not transform the mined databases, it merely uses them. They argue that the companies behind machine learning abuse fair use to cash in on individuals’ creations for free. And they argue that it is not just the livelihood of individual creators that is at risk, but the whole of society if AI starts to promote, for example, mass surveillance and spread misinformation. Lemley and Casey weigh these arguments against the fact that the more access to training data AI has, the better it is, and that without such access, no AI would ever have come into existence.

In other words, that the industry could go into decline before it properly comes into existence. They see the situation as one of the most important legal questions of the century: “Will copyright law allow robots to learn?”

The Getty pioneers

One of the first lawsuits, which attracted widespread publicity, was filed by Getty Images. The photo agency accuses Stability AI, which owns Stable Diffusion, of infringing the copyright of millions of photos from its collection in order to create an image-generating AI model that will compete with Getty Images. Since the case is not being settled out of court, it could set a precedent for fair use.

Even more important could be the verdict soon to be delivered by the US Supreme Court in the case of copyrighted modifications of the late artist Andy Warhol’s paintings of pop idol Prince. Daniel Gervais, a copyright expert at Vanderbilt Law School in Nashville, believes the justices could provide long-awaited general guidance on fair use.

The accumulation of copyrighted data isn’t the only legal problem that generative AI has to deal with. In many jurisdictions, copyright only applies to human-generated works. Thus, we enter another grey area when we consider the extent to which bots (and their owners) can claim copyright protection for their works.

Outside of the courtroom, the main questions will be political – in particular, whether generative AI should be subject to the same protection against liability for damage caused by published content as social networks, and to what extent generative AI violates data protection.

The fight over copyright will be a big one. According to Nash, the art industry should quickly take a stand to ensure that artists’ work is licensed and used ethically when teaching AI models. He urges AI owners to “document and publish” their sources. It recognises that this is a delicate balance. Creative people do not want to appear as enemies of progress.

Many of them may start using AI for work. The lesson to take away from the Napsterian “reality cure”, as Nash calls it, is that it is better to engage with new technologies than hope they will just disappear.

Maybe this time it won’t take fifteen years of watching revenues collapse to understand it.

Source: tydenikhrot.cz