Archive for April, 2006

Xinhua: Only 10% of Chinese films attract audiences

Monday, April 24th, 2006

According to China’s Xinhua news agency, “Only one in ten films made in China last year attracted an audience, indicating major problems in the domestic cinema market.”

Piracy, of both the optical disc and internet varieties, is a major cause of the lack of a solid Chinese film market. In my view, it not only leads to a lack of financial resources that can be reinvested into the Chinese film industry to stoke innovation, but it also causes Chinese filmmakers and studios to be extremely conservative with their creative choices. Thus, most Chinese films are highly formulaic because the margins are so slim that filmmakers are only comfortable going for the broadest possible tried-and-true market. This result is often the reverse of what’s intended–so many Chinese films are so similar that the market is awash with films that from the cover alone look identical. Rather than attracting customers, this causes many films to cancel each other out in the marketplace and leave customers dissatisfied and disinterested in general.

Of course, Hollywood suffers from the same disease to a lesser degree, but piracy in China amplifies the problem there significantly.

Warner Home Video slashes DVD prices again in China

Sunday, April 23rd, 2006

Last year, Warner Brothers reportedly introduced cut-priced DVD versions of its Hollywood movies for 22-28
yuan (2.7-3.4 dollars) in China. The price cuts were a direct attempt to compete
against pirated versions of the same movie which sell in supermarkets for as
low as 5 yuan (about 60 cents).

However, MSNBC reports that
less than a year later, Warner is further lowering its Chinese prices once again, by about 50%, to
12 yuan ($1.50). The new cut-rate releases, called “simple pack” editions,
contain cardboard packaging and few special features, compared to the typical
plastic DVD case and loads of special features like deleted scenes and
director’s commentary.

US film companies are betting that the Chinese population is ready to accept
paying a premium for legitimate Hollywood DVDs. Indeed, as the urban middle
class becomes more affluent, they will naturally want, and can now afford,
luxury items like DVDs. Through the internet and the Westernization
of China’s middle class, Chinese interest in Hollywood films is increasing. For
years now, Chinese films have stood alongside Hollywood films in Chinese video
rental stores. With the government allowing only 20 Hollywood movies to be
shown per year in theaters, and a general dearth of theaters, watching DVDs
(and VCDs) at home is the way in which most Chinese consumers are able to enjoy US (and Chinese) films.

Despite favorable conditions for Warner Brothers to sell its
DVDs, it’s unlikely that Chinese consumers will switch from buying pirated DVDs
to legitimate copies. For one, the price point for DVDs, at about 5-7 yuan, has
been ingrained for years. Also, the quality and packaging of pirated DVDs are
currently very comparable to what Warner is offering. So, while a growing number of Chinese can certainly afford twice what they currently pay for DVDs, they have little incentive to do so.

In the West, some incentive for purchasing legitimate goods arguably stems from a culturally instilled sense that purchasing pirated goods is moral and legal wrong. However, in China, these ideas are nascent, if they exist in any meaningful way at all. Buying pirated content is the norm, and finding a legitimate copy of
media is the exception.

So unless Warner can convince consumers that its product is
superior to pirated versions, either through incentives, moral justification,
or legal pressures, it’s unlikely that they will have success selling their
product at twice their competitors’ price.

Shanghai International Forum on Digital Media and Intellectual Property

Sunday, April 23rd, 2006

The IP First Society, a nonprofit organization based in Shanghai, will host the Shanghai International Forum on Digital Media and Intellectual Property. The forum is being held in connection with the Shanghai Intellectual Property Week, and is designed to “bring together global leading thinkers, venture capitalists, bankers, investors, professional advisors, regulators, and policy makers to explore the interplay of digital media and intellectual property from strategic, economic and regulatory perspectives.”

I’ll be appearing on a panel entitled, “Where is the Way-out: Lock & Key vs. Open Access,” discussing whether content owners are better off allowing more open access to their works or employing technological protection measures (DRMs).

The abstract for my talk:

“Competing with Free”

Digital technologies and the internet give consumers unprecedented control over how creative works can be enjoyed and shared. The increase in consumer control results in a corresponding decrease in traditional entertainment companies’ control over their content. In response to this shift, large entertainment companies employ a combination of Digital Rights Management (DRM) and copyright enforcement to extend established business models online. The strategy is unlikely to succeed, however, because strict copyright enforcement and restrictive technological protections are out of line with consumer expectations. Consumers want value and flexibility from their digital content, and piracy offers both while DRM-protected content offers neither. The best way for legitimate content to compete with free content online is to structure a DRM-free internet entertainment distribution model that provides consumers with a combination of flexibility, convenience, service, and features superior to what illicit file-sharing services can offer, at a price point low enough that the switch from pirated to legitimate content is painless.

DMIA Speaker Series Presents Bill Hennessey on Chinese IP Law

Sunday, April 16th, 2006

Please join the Digital Media in Asia Project April 19th 4-6PM in the Berkman Center conference room for Professor Bill Hennessey’s talk “Are there ‘Special Characteristics’ in Chinese IP Law?”

Bill Hennessey, Professor of Law and Chair of the IP Faculty at Franklin Pierce and Co-Director of the Intellectual Property Summer Institute at Tsinghua University School of Law since 2002, will talk about his experiences with IP policy makers in China since the “opening up” of the PRC in 1979, and offer some speculations about where China’s IP law and policy will be a decade or two from now. The second edition of Prof. Hennessey’s casebook, Int’l IP Law & Policy (with Dinwoodie and Perlmutter) will be published this summer by LexisNexis. He holds a Ph.D. in Chinese Language and Literature from Michigan.

Refreshments will be served.

Podcast: Jesse Parker on Investing in Digital Media in China

Sunday, April 16th, 2006

A podcast of Jesse Parker’s April 11 discussion hosted by the Berkman Center’s Digital Media in Asia Project is available for download here.

Jesse is the Founder and Managing General Partner of Dragonvest Partners – a fund that invests in talented Chinese entrepreneurs. He has over 25 years experience in the technology business sector and the Greater China marketplace. In this podcast he offers his unique perspective on how technological change has impacted China, his knowledge about the growth of digital media industries in China, and his strategy for how or why he invests in Chinese digital media companies.

Tuesday 4/11: Digital Media in Asia Project Speaker Series Presents Jesse Parker

Sunday, April 9th, 2006

Jesse Parker, an expert on investment in Chinese digital media ventures, will lead a discussion on Tuesday April 11 at 5PM in the Berkman Center Conference room.

Mr. Parker is the Founder and Managing General Partner of Dragonvest Partners – a fund that invests in talented Chinese entrepreneurs. He has over 25 years experience in the technology business sector and the Greater China marketplace. Come hear about his unique perspective on how technological change has impacted China, his knowledge about the growth of digital media industries in China, and his strategy for how or why he invests in Chinese digital media companies. Snacks and refreshments will be served. Please contact Susie Lindsay (slindsay@law.harvard.edu) for information.

Shanghai Daily: Internet pirates admit guilt, refuse to pay

Friday, April 7th, 2006

A pair of companies taken to court for internet film piracy offered a unique defense, telling the court they are guilty but saying the owner of the movie they made available on the Internet was asking for too much compensation.

Digital TV Broadcasts Go Mobile in Japan

Monday, April 3rd, 2006

Digital TV broadcasts for mobile phones equipped with special receivers began in Japan’s major urban areas Saturday, following several months of test broadcasts.