Showbiz Sandbox 187: Does The Justice System Finally Understand Copyright?

March 25, 2013

Last week the Supreme Court of the United States dealt another blow to copyright owners in a landmark ruling that confirmed what most consumer advocates had been saying for years; the first sale doctrine does not have geographic boundaries. The court smacked down publisher J. Wiley & Sons’ copyright infringement lawsuit against Supap Kirtsaeng for reselling textbooks he had purchased at a discount in his native Thailand.

While major entertainment companies and trade groups like the MPAA and RIAA may have been on the losing end with the Supreme Court, an appeals court handed them a major victory by ruling in favor of movie studios who claimed that the operator of isoHunt, a large BitTorrent site, was inducing copyright infringement. The court agreed isoHunt was not eligible for safe harbor.

Meanwhile the Library of Congress announced 25 new recordings that will be added to its official preservation registry. We’ll fill you in on the grab bag of popular music, radio shows, news reports, opera and other recordings that made the cut.

Of course, we also cover the week’s top entertainment headlines including NBC’s silly decision to oust Jay Leno from The Tonight Show (again), the booming Chinese box office and “Downtown Abbey’s” record ratings.

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Showbiz Sandbox 184: How Authors Rig The Bestseller Lists

March 4, 2013

When Soren Kaplan’s “Leapfrogging” was published last summer it immediately appeared on the Wall Street Journal’s list of best-selling business books, a position that would be maintained for only a week. That was more than enough time for Kaplan to cement his status as a best-selling author which, in-turn, helps him land lucrative speaking and consulting gigs.

That is precisely why Kaplan hired a marketing firm to purchase copies of the book upon publication to assure it would appear on bestseller lists. During an interview with the Journal, Kaplan reveals how authors buying their way onto the bestseller list is a dirty little secret the publishing industry would prefer you not know about.

Dreamworks Animation is not being completely honest either. They took huge write-downs on their most recent release “Rise of the Guardians” and faulted the film’s weak performance as the reason for laying of 400 employees. However many question whether the company’s decision to move some of their production to China may have more to do with it.

Of course we also cover the week’s top entertainment headlines including the best yearly music sales since 1999, the end of Daily Variety and whether NBC is looking to part ways with Jay Leno (again).

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Showbiz Sandbox 181: Why The Grammys Telecast Matters More Than Ever

February 11, 2013

While winning a Grammy Award can boost a musician’s record sales temporarily, a knockout performance during the widely viewed ceremony can launch a career. Simply ask Mumford & Sons who stole the show during the 2011 telecast and on Sunday took home the 2013 Grammy for Album of the Year. Will the Lumineers, who performed at this year’s ceremony, follow in their footsteps?

David Wild, a contributing editor for Rolling Stone magazine, helped write the Grammy telecast as he has for the past 12 years. He joins us to discuss how the show was put together, working with host LL Cool J and some of the elements that came off without a hitch (projecting images onto Carrie Underwood’s dress comes to mind). Wild even reveals John Mayer’s secret life as a joke writer.

Meanwhile, digital downloads are already outpacing physical sales in music and will surely do so with books and movies in the not too distant future. But what happens when you want to sell off all those media downloads in the now non-existent digital secondhand market? Amazon is trying to patent technology that will make such sales possible.

Of course we cover the week’s top entertainment headlines including how “The Walking Dead” continues to increase viewership, an end to Don Johnson’s lawsuit over “Nash Bridges” and why some concerts may be sold out before tickets ever go on sale.

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Showbiz Sandbox 174: Is “The Hobbit” A Death Knell for 3D Movies?

December 17, 2012

All of the talk surrounding the release of “The Hobbit” was over high frame rate and whether audiences would reject a crisper image. It may have been more appropriate to discuss whether audiences have already shunned 3D. Only 49% of audiences chose to see the film in 3D over opening weekend. If moviegoers aren’t willing to see a film shot and meant to be seen in 3D, is the format ultimately doomed?

“The Hobbit” was noticeably absent on a number of important year-end top film lists. Nor was it among the nominations for the Golden Globes and SAG Awards, which were announced last week.

The fantasy book from “The Hobbit” is adapted has been a perennial best seller, but with the explosion of e-book readers future generations may not even know what a book is. Can e-books and print co-exist?

Of course we also cover the week’s top entertainment headlines including this year’s Rock Hall of Fame inductees, the top grossing concert tours of 2012 and (finally!) an end to loud television commercials.

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Showbiz Sandbox 167: The Digital Age Crushes Variety

October 15, 2012

Last week the venerable trade paper Variety, which has been covering the entertainment industry for more than 100 years, was sold to Penske Media Corporation for $25 million. Dana Harris, the editor-in-chief of Indiewire, spent 11 years at Variety and she joins us to discuss the past, present and future of a news outlet that has struggled to adapt in an online world.

Of course, the music world is quite familiar with how digital technology can disrupt existing markets. Digital radio pioneer Pandora is pushing legislation regarding the royalties they pay to artists. This past week they made public some the big checks they’ve been writing to individual musicians.

The royalties for a bunch of super heroes are also being disputed. Stan Lee Media is suing Marvel to get a cut of all that “Avengers” money and the daughter of Superman creator Jerry Seigel is duking it out with Warner Bros. over copyright claims.

Of course, we also cover the week’s top entertainment news including a break for Louis CK, CNN gets into the documentary film business, and how New Zealand is literally minting money for “The Hobbit”.

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Showbiz Sandbox 162: Did The Justice Department Destroy The Literary Ecosystem With E-Book Settlement?

September 10, 2012

Despite strong opposition from authors, publishers, retailers and the public, the U.S. Department of Justice settled their anti-trust case with three major publishers over e-book price fixing. Even an explanatory comic strip from a well regarded copyright attorney couldn’t prevent a ruling that some industry analysts say will enable Amazon to dominate the market. However, not all involved parties have settled, with Apple, Macmillan and Penguin awaiting trial on the charges.

The headlines weren’t any better for the movie business, where theatrical attendance over the past weekend was the worst on record in more than 10 years. It probably doesn’t help that Fox announced they would make movies available for digital download shortly after they hit theaters.

On the other hand, magazine publishers have a lot to cheer about for a change, especially when it comes to the skyrocketing sales of overseas titles.

Of course we cover all the week’s top entertainment news including the return of ratings powerhouse “Sunday Night Football”, Daniel Craig’s future as James Bond and why the Oscars telecast will be singing a new tune next year.

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Showbiz Sandbox 155: How Hollywood Handles A Real-Life Tragedy

July 24, 2012

The ripple effect caused by a deranged gunman last week at a midnight showing of “The Dark Knight Rises” spread far beyond the scene of the crime in Aurora, Colorado. Warner Bros. had to instantly pivot from celebrating the studios biggest opening of the year to managing a horrific nightmare which left 12 people dead and dozens injured. We examine how the studio and the entertainment industry have dealt with being part of such a tragic event.

On a happier note, at least for cable networks, the Emmy nominations were announced last week for the year’s best achievements in television. The major broadcast networks, which used to dominate the awards, were entirely shut-out in certain categories. Is this merely a fluke, or has the tide truly shifted to cable programming?

Meanwhile, author Brett Easton Ellis has been in a public feud with Deadline Hollywood editor Nikki Finke, all thanks to a simple posting on Twitter. We’ll fill you in.

We also cover all the week’s top entertainment headlines including some sequels to popular Pixar films, an executive shake-up at News Corp. and the newest judge on “American Idol”.

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Showbiz Sandbox 145: Rise of Playlisters Marks The Death of Music Blogs

April 16, 2012

Last week Doug Freeman, a music critic for the Austin Chronicle, wrote an opinion piece in response to a Hypebot interview in which Sean Adams, the founder of Drowned In Sound, suggested music blogs are no longer influential. Freeman joins us to explain that if blogs were simply gateways to new music discovery, then the streaming playlister is the new music blogger. New influencers and kingmakers will emerge in a shifting editorial landscape.

We also take you to the first weekend of this year’s Coachella Music Festival where more than 150 acts strutted their stuff to an more than 100,000 attendees. Headliners such as Radiohead and The Black Keys proved to be big hits, but Dr. Dre and Snoop Dogg stole the show by performing with a picture perfect hologram of the late Tupac Shakur.

“The Hunger Games” continues to feast on the North American box office, but the number one movie in the world this past weekend was “Titanic 3D” thanks to a record breaking opening in China.

We also cover the week’s top entertainment headlines including Mel Gibson’s public fight with a screenwriter, an extended run for “Game of Thrones” and an anti-trust lawsuit against major publishing houses.

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Showbiz Sandbox 137: A Revealing Look At Who Votes For The Oscars

February 20, 2012

The Academy of Motion Picture Arts and Sciences has never published a complete list of the 5,765 members who cast ballots for their annual Oscars. Despite the secrecy surrounding the Academy’s membership, Nicole Sperling worked for months with her colleagues at the Los Angeles Times to confirm 5,100 members. Sperling explains the method behind the Times’ research and some of the details they uncovered. Did you know only 2% of members are under the age of 40? Neither did we.

While the Academy Awards may celebrate some of the big critical and financial successes of the past year, Aaron Rich, the gentleman blogger behind All The Movies I Watch joins us to discuss some of his top movies of 2011, many of which were overlooked by Oscar voters.

If you watch the Oscars telecast this weekend you’ll probably be doing so through a cable or satellite signal. Aero, a new company backed by the likes of Barry Diller, hopes to change that by providing those wishing to cut their cable cord with a special antenna capable of receiving broadcast television. That is if the inevitable law suits don’t shut them down first.

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Showbiz Sandbox 135: Is The SAG-AFTRA Merger Good For Hollywood?

February 6, 2012

After years of humoring the idea it looks as if two of Hollywood’s largest labor unions may actually merge. Detailing the history of SAG and AFTRA, Jonathan Handel, a contributing editor at The Hollywood Reporter and an entertainment attorney, explains the reasons behind why the unions might want to merge and what it all means for the entertainment industry.

The telecast of Super Bowl XLVI proved to be another ratings winner and as in previous years, is expected to be the most watched show of the year, if not all-time. Were audiences tuning in for the game or to watch Madonna’s extravagant half-time show?

Despite gaining a million subscribers last year the minuscule royalties paid by Spotify to independent musicians barely budged at all. Some industry veterans have grown weary of subscription music services and are advising they be used for promotional purposes only.

We also cover the week’s top entertainment headlines including a new CEO at Sony, why you won’t see Bon Iver perform at the Grammys and how Facebook might turn U2’s Bono into a billionaire.

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