Don’t Get Sued: A Guide for Content Creators

If rule number one for content creators is to make amazing content, then rule number two is don’t get sued!  Josh Sussman, counsel for CollegeHumor, Koethi Zan, counsel for MTV and Luke Paglia, counsel for American-Eagle marketing all spoke about legal issues the content creators need to understand.

The panelists were quick to point out that this was not an advice session and that a little bit of law knowledge is a dangerous thing!  They spent their time discussing aspects of the law, how it effects their clients and possible pitfalls for content creators.  Their first recommendation was to find your own counsel!! There are lawyers who do pro-bono work and there is a great website to find those lawyers.

While that may be the best ”advice” of the panel, they did discuss Fair Use and Copyright law.  Fair Use is a difficult beast to corral.   If you don’t know the Fair Use doctrine, this will help!  There are questions a content creator can ask to determine if they are within the parameters of Fair Use: How much of the original are you copying?  Are you supplanting the market?  Is the use transformative? 

However, the Fair Use doctrine is incredibly vague.  The quote that was thrown out by the panel was that “Fair Use is nothing but the right to hire an attorney!” When Fair Use cases go to litigation, the court rulings are always different and it is all based on individual interpretations of the law.  One of the panelists said that the only way one would know if they interpreted the law correctly, is if they actually go to court AND win. 

Besides the great discussion about the Fair Use doctrine, the panelists discussed using release forms.  Their biggest point was that a producer should never lie to make someone sign a release form.  Lying creates a claim of fraudulent inducement.  Nine times out of 10, a producer does not need to lie to get people on television.  People want to be on television!  They also stressed to not be shy about asking for a release.  A release can potentially save a ton of money, headaches and stress further into the process.

Overall, I thought this panel was fantastic.  As a content creator, I learned much more about the law and about the vagueness of the law.  I also learned too much about Jersey Shore.  Trust me, you don’t even want to know! 

Slide 1 of “Microsoft Bing: Behind the Scenes of The Decision Engine”

Slide 1 of “Microsoft Bing: Behind the Scenes of The Decision Engine”

When it first got off the ground, we all probably thought that Bing would suck (and perhaps some still do). But, we’re hearing more and more about “the decision engine” everywhere we go. This panel mainly discussed the site’s marketing strategies and what they did to get Bing noticed online. Talking mostly about user engagement through “cashback” attempts with Farmville (garnering over 400 million users in under 24 hours), viral youtube videos, pleas for video submissions, twitter discussions, and other interactive means, the panelists covered value exchange and user participation.

From Microblogging to “Microgaming:” Is Twitter the New Gaming Platform?

Most tweeple know how challenging it can be to say what you want in 140 characters or less, but these kinds of constraints are exactly what give Twitter a unique advantage in the gaming industry. In the Playing with 140 Characters: Designing Games for Twitter Games panel today at SXSW 2010, game designers Eric Zimmerman, Colleen Macklin, John Sharp, and Michael Edwards talked about some amazing developments in what might soon be called “microgaming.” Beginning with an actual interactive game with colored note cards in the audience, the panelists talked about basic game principles such as rules and structure, limitations, and systems. And while these principles are common in any game, they can easily apply to Twitter’s platform. For example, Twitter already employs “rules” and “limitations” like being able to DM only those people who are mutually following one another, and it is a system with many moving “parts” like @replies or links.

With its unique structure, some pretty interesting games are already being formed for Twitter. Here’s a video of Colleen talking about the two categories of Twitter games and some examples:

more about “Twitter Games“, posted with vodpod

Simpler, more casual minigames like Twivial and Twitbrain allow users to participate at their leisure, while other MMOs (massive multiplayer games) like King of Pop, 140 Blood, Spymaster, and Twirdie (Twitter golf!) might require more participation and interactivity, as well as more incentives to play.

Are Foursquare and Gowalla Really Games?
This new platform is opening up the idea of what a game really is. Even applications like Foursquare and Gowalla are considered “games” because they create challenge, game incentives, and interaction. Here, Colleen talks about Foursquare and compares it to Gowalla:

more about “What is Foursquare?“, posted with vodpod

Currently, these panelists and other game designers are trying to incorporate multimedia into Twitter gaming, and there still are many directions to go. RPGs, more data-based games, and Twitter-native games are just a few of the ideas that were discussed today. Do you play Twitter games? If so, which ones? If not, do you think you would ever play one? What are some potential concerns that might arise?

Selling Sub-Culture without Selling Out

There is something amazing about listening to different people with different experiences and different expertise talk about the same thing.  It is especially amazing when the topic is as tough as the one of creating relationships between sub-cultures and the corporate world.  It all came together at the Sunday afternoon at the Selling Sub-Culture without Selling Out panel.

Publicist and people “connector,” Jeff Newelt, led a panel of smart and savvy sub-culture aficionados who discussed how corporations and those who are leaders in their sub-cultures can work together.  Panelists included artist, Molly Crabapple, founder of Urb Magazine, Raymond Roker, indie publisher and Curser founder, Richard Nash, and highly touted blogger Gala Darling.

It is important to define the term sub-culture.  According to the panel, a sub-culture is a participatory culture that is intelligent and does not care about the mainstream.  It should also be noted that sub-cultures will eventually become the mainstream and cycles of imitation are tighter and more intense than before.  According to the panelists, the idea of “selling out” seems to be dying.  It’s about making a living, but still keeping the core interests of the sub-culture within the creativity of the artist.

The panel was quick to point out that corporations should follow some rules when wanting to involve sub-cultures with their product.

1. Don’t become a culture vulture! Treat your artists or musicians well.  Toyota/Scion was a great example of a corporation working within a sub-culture to promote a product.  They helped to launch and sustain music careers of those that participated in the campaign.

2. Hire the original artist or musician; do not rip off someone’s art.  Corporations should work off of cultural DNA and not steal ideas. Nike killed their brand for skateboarding shoes by stealing an idea rather than asking to use the album cover.  It killed their campaign, because the sub-culture crushed it.

3. Corporations should hire listeners.  The listeners should research and understand the sub-culture they are wanting to involve.

4. Creative contests are EVIL! It devalues the artists’ work and it is basically crowd slave labor.  Corporations should do portfolio reviews and not ask 100,000 artists to design a logo.

5. Corporations should look to empower people of a sub-culture!  There may not be a huge monetary return in providing workshops, educational seminars or even health insurance for a year for skateboarders, but it creates loyalty in a brand.  By giving tools to a sub-culture to succeed, it is investing in creators and builders.

The leaders of sub-cultures, the artists, the musicians and the taste makers have responsibilities as well.  This is not a one way street.

1. Don’t become a Shilldibeast. Molly Crabapple said that a Shilldibeast is a greedy individual who just takes the corporate dollar no matter what!

2. Do not support a product you do not personally believe in.  This is especially important for bloggers.  The blogger should stay true to their brand.  Once people realize that their favorite blogger is being untruthful, the blogger loses credibility within that sub-culture.

3. Work with a corporation that makes sense for YOU!  The relationship should not be about a short-term gain for the sub-culture artist or blogger.  By going with a short-term gain, it creates brand erosion.  The relationship needs to be a win/win for both artist and corporation.

4. Do not lose sight of the fact that content is a way of connection.  It only works by sharing with others and engaging those people.  That engagement is what corporations are trying to tap in to.

5. Be a leader in your sub-culture! It is no longer…”if you build it, they will come.”  It is now…”if you build something AMAZING, they will come.”

While guidelines for working with corporations were discussed, Richard Nash stated that staying indie is still the way to go.  In the changing economic times, Nash believes that the indies can ride it out.  For an indie label or publisher, it is not about volume, but it’s about connecting with people.  It is time to let go of the industrial way and it is time to connect and create interactions with listeners and readers.  It is no longer the world of the shelf; it is the world of the tag.

On a personal note, it was amazing to hear people discussing issues I have been thinking about for the past year.  It was certainly fun to watch the panelists discover they were all on the same page.

ScreenBurn Arcade SXSWi 2010

 

ScreenBurn is a great feature of SXSWi that gets bigger every year!  It’s a chance for video gamers to get hands with digital media industries.

This year’s exhibit is definitely promoting the art of the video games.  One of the best exhibits was a collection of 16 award winning creative achievements from the video game world.  Into the Pixel is presenting this work.

Harmonix has a full Rock Band set-up to promote the Rock Band Network.  It’s an idea some were just waiting to have happen.  It allows musicians and bands to self-publish their music in a Rock Band platform.  This allows the independent artist a way to create gameplay tracks of their OWN music for others to download and play!  Who needs a label now?

There was also a huge LEGO layout. Not sure why, but it is pretty cool, thanks to TexLug!

Technology For Results, Not Profits

Terry Storch and Bobby Gruenewald, pastors of LifeChurch.tv, talk user engagement for nonprofits

A nonprofit’s business model usually focuses on grants and personal donations. But what happens when the giving starts to wane, and you’re running out of resources? In their less-than-traditional panel, Technology For Results, Not Profits, “Digerati Pastor” Terry Storch and Head Pastor Bobby Grunewald of LifeChurch.tv opened discussion on ways nonprofits can maintain and even grow their support base. After about an hour of back-and-forth with audience members, engagement seemed to be the buzzword.

“Profit isn’t a bad thing. When you incorporate free tools to engage your users (like LifeChurch.tv’s youversion), you are funded from a philanthropic perspective – people donate to support the cause,” Grunewald said.

Collaborate.
Grunewald also mentioned the value in partnering with other “competitors” in the industry. Where most “for-profit” businesses might never think to collaborate with a rival, nonprofits often value their cause over anything. Audience members also shared their ideas and successes in trying to garner passionate users while still making money. Some talked up selling merchandise while giving everything else away for free. Others cited the Cafepress store as their moneymaker. Some people even develop software for other nonprofits to use. Any way you slice it, finding new and interesting ways to engage the audience was a running theme.

Watch this video of Bobby discussing the importance of collaboration with commercial and non-commercial organizations for nonprofit sustainability:

Quantify Results.
It can be even more important for nonprofits to use online analytic services to stay in touch with their communities. Because many nonprofits are local, it’s important for members to feel connected and to know that their organization is in touch with them. As a nonprofit, it’s important to see your measurable results compared to how your community is actually doing. Crunch the numbers. See if you’re making an impact.

How To Rawk SXSW: From the Pros

Whether you’re a Southby veteran or a nerd newbie, you’ll definitely want to know how to make the most of SXSW Interactive this year. And while we’ve had some preliminary posts on our own advice, it’s always good to ask some people who could probably write an entire book on it. In the panel How to Rawk SXSW, Min Jung Kim, Ben Huh, Denise Jacobs, and Jeremy Keith talked about how to put yourself in prime position here in geek heaven.

Kim:
Most of the important stuff that happens at SXSW happen between the panels – Don’t be afraid to strike up random conversations with strangers. I know, Mom always told you that’s a bad thing. And maybe it is most of the time. But, that’s what we’re all here for, so keep your eyes and ears open for impromptu plans and get ready to meet some friends!

Jacobs:
Go talk to your geek crushes! – People you’ve been stalking on Twitter, celebrities you thought were unreachable, and panelists you’ve always thought of as “too cool for school” are now within reach! Say hello, tell them about your ideas, ask them why they haven’t been tweeting lately.
Go to panels that are completely off the wall for you. If you go to something that’s completely out of your realm of expertise, you may get an idea you’d never have gotten otherwise. If the panel sucks, feel free to leave…and don’t feel bad about it. It’s about trying new thingsYou can leave a panel – if you’re not feeling it, don’t feel bad about it. Be comfortable, don’t try to look cute- Jacobs

Huh:
Pace yourself – With so much going on, you WILL miss something lots of things. Don’t worry about it, and just keep on truckin’. Go with the flow and don’t worry. You’re here to have fun.

Preview: QR Codes Take Over SXSW

Attention all SXSW attendees, let the QR coding begin.  At least, that’s what this year’s organizers are hoping for.  QR Codes are fairly new to the U.S. and until recently were primarily used by Google’s Android mobile operating system.  QR Code is short for Quick Response and is a type of barcode that can include information such as url links, geo coordinates, text and other data.  The QR Code can be scanned by camera phones, usually a PDA, and the data contained in the code is transmitted to the user’s device.  A special application is usually necessary for this system to work and most can be downloaded from the device’s application store.  There are many to choose from so SXSW organizers have created a recommended list to get users ready.

SXSW.com recommends these apps:

iPhone:  I-Nigma

Windows Mobile: Bee Tagg

BlackBerry: I-Nigma or BeeTagg or Open the BlackBerry Messenger 5 application -> click on invite -> Scan the code

Android: Google Zxing Reader

Nokia: I-Nigma

Local businesses located around the event may also incorporate these two-dimensional barcodes into their menus and advertisements as the user is able to gather digital information immediately just by launching an app and scanning away.  With touch screens taking over, this technology could cut down on entering site addresses manually and also improve accuracy.

SXSW will have codes preprinted on badges of attendees and when these codes are scanned, they will link to a user’s my.sxsw profile where his or her contact information and schedule can be viewed.  However, one can also generate and print their own QR Code for others to scan by visiting one of several free QR Code generating sites such as Beetagg or Kaywa.  Personalized information can be added above and beyond what is offered on your badge code.

Veteran SXSW attendees recommend creating laptop graffiti containing usernames to social networking accounts, affiliated blog information and possibly ever a QR code.  Be creative and keep in mind that your laptop lid may be your first and only impression at this massive event.  You are providing a link between the real world and the interactive you.

Cornify: SXSW Web Awards Finalist

As you fill up your my.sxsw schedule with amazing panels and core conversations, don’t forget about the ever-entertaining SXSW Interactive Web Awards Ceremony Presented by Adobe. With comedian Doug Benson emceeing this year, it’s bound to be a night full of laughs and Web beauty as the best sites of the year are revealed. Although voting has ended for the People’s Choice Award, you can still pick your favorites from the heaping list of finalists. To start you off, here’s another review of one of the finalists: Cornify.

If “Cornify” doesn’t win this year’s SXSW Web Award for Amusement, then I don’t know what will. “Cornify” is the cheesiest, most unicorny website that I have ever fallen in love with instantly. It took just one click for unicorns, glitter, and rainbows to appear, and this website just what the doctor ordered when coming down with a “case of the Mondays.” With 8 million unicorns and rainbows in stock ready to bedazzle your mind, how can this not be the greatest website ever? Cornify your photos! Cornify your website! Heck, you can even Cornify your Cornify!!

The presentation of the website is easy to navigate with headers and examples next to the headers. The site has a navigation list at the top of the page that easily directs viewers. Although all of the information is easy to find, the website should be a more organized and all of the photos should be the same size. However, since this is a website for amusement, the chaotic look works.

Cornify is amazing and perhaps with a win at the SXSW Web Awards, Cornify will become a standard on all documentations. Just imagine passports, birth certificates, marriage licenses ALL cornified. The American dream would finally come true.

Click here to Cornify your life and prepare for world domination!

- Review by Hillary Till, Journalism student at Texas State University

Top 5: SXSWi Panels for Video Gamers

Besides the ScreenBurn area at the SXSW arcade this year, video games are getting some love! There are some fantastic panels that will be discussing different avenues of the video game world. Here’s my top 5 for 2010.

5. Social Justice and Video Games (3/16, 3:30 p.m.) – There is no question that video gaming has become a big part of society. As the saying goes…”with great power comes great responsibility.” This panel will look at racism and sexism in the design of games. It is a conversation with developers and gamers as they look towards a solution.

4. Anyone Can Create a Video Game (3/15, 9:00 a.m.) – Got an idea? Think it will work? This panel is set to talk about developing game creation technologies for the everyday gamer so they can try their hand at creating a video game. This panel includes Michael Augstin, CEO of Gendai Games who’s company is working to find a way for those outside of the tech culture to become creative forces.

3. Pervasive Games and Playful Experiences: Rendering the Real World (3/16, 11:00 a.m.) – Toby Barnes is the managing director of Mudlark, which is cross between a TV company, a web company and a gaming company. Barnes is set to talk about new forms of games, including the future of mobile gaming and pervasive gaming.

2. Video Games, the New, New Media for Music (3/15, 11:00 a.m.) – If you didn’t know, Bioshock 2 comes out this week. Not only is there a game release, 2k Games is releasing digital and LP versions of the soundtrack. That’s where video games are headed! This panel will discuss video games as a new platform for music and how the games are creating new opportunities for the classical composer, the hip hop mogul and everyone in between.

1. Power-Ups & Press: How the Game Media Impacts the Gaming Industry (3/16, 12:30 p.m.) – This panel looks to be a fun one! A panel of video game media members will discuss how the media has changed the gaming world and where they think it will be in the future.

For your video game listening pleasure!