group 9 wac ii final presentation

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    Hollywood in India : Protecting

    Intellectual Property (A)

    Khuman Vijay C

    Korgaonkar Maitreyee

    M Prasanna Kumar

    Neha Hajela

    Nitin Nagori

    Phanindra Kumar J

    Subhanan Sahoo

    Group 9 Section F

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    Case Facts

    Bollywood industrylargest in the world , producing

    over 1200 films and 4,20,000 people employed andselling 3 billion tickets.

    Hollywood studios interested in tapping this vast

    market Investment of over $100 million made in production

    and distribution of films between 2007 and 2009

    Major studios investing in India Sony Pictures

    Walt Disney Pictures

    Warner Brothers Studios

    20thCentury Fox

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    Problems faced by the Industry

    Despite millions in investment , not muchof success

    Hollywood studios not yet released anymajor hits

    Lowerturnover

    Unauthorized reproduction and distribution of movies

    Controlling print theft challengingTheatres operatedas singlescreen, owner operated establishments

    DVD Piracy a major cause of concern due to highprofit margins

    Loss due to piracy estimated around $150 million forthe music industry and $180 for the film industry

    Piracy

    Use or close imitation of someones work without

    obtaining rights

    Many cases in the Bollywood industry like - Yeh Dillagi, Akele Hum Akele Tum , Kaante etc

    Lack of stringent rules on Palagiarism

    Plagiarism

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    Copyright Laws in India

    Problems Faced

    Observer test done in order to testfor copyright violation

    Lack of adequate number of judges

    No clear laws for copyrights onlocalized adaptations ofinternational materials

    Royalty payments denied formusicians and composers

    Police unable to gauge whethercamcorder piracy was covered in the

    Copyrights Act

    Copyrights protected by Copyrights Act of

    1957

    Scope of Act broadened through various

    amendments

    1984Copyright made a

    cognizable offense

    1994extended protection to

    software

    Minimum punishment of copyright

    imprisonment up to 6 months and fine of

    $1000

    Second and subsequent conviction

    minimum imprisonment of 1 year andfine of $2000

    Motion Picture Association of America

    (MPAA) pushing for more stronger anti-

    piracy laws

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    Fox Star Studios

    A Jointventure

    between Asias

    Star Televisionand 20th

    Century Fox

    Upcoming film My Name is

    Khan investment of$22 million on

    Globaldistribution

    rights and $12million on

    production ofthe movie

    Issuesregarding

    comparison ofthe movie

    with ForrestGump

    Problemsregarding

    guarding ofthe movie

    againstCopyright

    infringementsand Piracyproblems

    raging in thecountry

    Should the

    movie bereleasedlargely in

    digital formator confined tothe traditionalanalog format

    Should themovie be

    released inlarge number

    of prints

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    Alternatives

    Single Global release of the Movie

    Release more digital prints

    Go for measures to reduce online piracy

    Sell the distribution rights to other company

    Invest in Anti-piracy activities

    Invest in newer technology

    Fox star has to decide its strategy for the release of My Name is

    Khan considering the prevalent piracy issues in India and find

    effective means to protect its intellectual property

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    Key Stake Holders

    Fox Starstudios

    TheatreOwners

    Distributors

    Movie Crew

    Producers

    Audience

    Government

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    Evaluation of alternatives This would reduce the incidence of camcorder piracy

    It would maintain the interest in the movie amongcustomers across the globe

    Single Global release of theMovie

    This ensures in reducing incidence of piracy due to lossof prints

    It would also put a tab on theatre owners to stop usingpirated reels

    Release more Digital prints

    This accounts for major piracy especially abroad Fox star could develop its own team to tackle internet

    piracy or hire professional services

    Go for measures to reduceonline piracy

    This can help in mitigating the risk. However it wouldalso mean loss of revenue and hence a not an attractiveoption

    Sell the distribution rights toother company

    In the long run this will help in Fox stars interest and the

    industry in generalInvest in Anti-piracy activities

    This would help in reducing piracy and is also a long termoption for Fox StarInvest in newer technology

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    Other Measures

    Fox star should also investigate in to the allegations regarding the

    similarity of the movie with Forrest Gump and try to solve the issue(Legal Implications)

    It can reduce the DVD prices in order to tackle DVD piracy problems

    Ensure the ease of availability of CD/DVD to the customers so thatthey dont resort to pirated versions

    Fox star should monitor the theatre owners in order to prevent theftof reels or piracy

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    Suggestions

    Short Term

    Go for single date global release

    Release larger number of Digitalprints

    Go for online piracy control

    Long Term

    Invest in anti-piracy activities

    Invest in customer education Go for technological innovation

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    IMPLEMENTATION PLAN

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    Single global release of the movie

    Phase 1 (Back Office Implementation)

    1) Decide the countries of release

    2) Decide the various languages of release within thecountry.

    3) Estimate the number of prints needed in Indian andworldwide.

    4) Estimate the domestic and international budget based onthe prints.

    Phase 2 (On field Implementation)1) Collaborate and coordinate with different distributors.

    2) Decide on the global release date.

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    Single global release of the moviePhase I

    Title of Phase: Back Office Implementation

    Description of Phase: All the basic estimations about languages, countries, budgets are done here.

    Deliverables Estimated Due

    Date

    Actual Completion Date

    1. Decide the countries of release 04 January 2010 Date1

    2. Decide the various languages of releasewithin the country. 06 January 2010 Date2

    3. Estimate the number of prints needed in

    Indian and worldwide.

    09 January 2010 Date3

    4. Estimate the domestic and international

    budget based on the prints.

    12 January 2010 Date4

    BenefitsEstimated Level of Benefit Actual Level of Benefit

    Gives the idea whether it makes logical to proceed

    with worldwide single global release date.

    Recommended Changes for Next Phase

    Create strategies fro each geographic locations determined. Try to identify top players in the Piracy

    control and security firms so as to hire a professional team.

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    Single global release of the moviePhase II

    Title of Phase: On field Implementation

    Description of Phase: The field work needed to make a worldwide release are implemented.

    Deliverables Estimated Due

    Date

    Actual Completion Date

    1. Collaborate and coordinate with different

    distributors.

    20 January 2010 Must be on the same date

    2. Hiring of Online anti-piracy professionals 08 February 2010 Date2

    Benefits

    Estimated Level of Benefit Actual Level of Benefit

    NA NA

    Recommended Changes for Next Phase

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    Go for measures to reduce online

    piracy and invest in anti-piracy activities

    Fox star could develop its own team to tackle internet piracyor hire professional services

    1) Create a team consisting of fox star studios, other productionhouses, police and professional services firms.

    2) The team works in collaboration with the cyber crime division

    and monitor the websites that host the pirated versions of themovies.

    3) To help the team, invest in technologies similar to web spidersthat crawl over the internet to find the pirated versions of themovies.

    Pressurize the government for stringent anti-piracy laws1) Lobbying with government to pass strict regulations on online

    piracy.

    2) Increase the severity of the punishments

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    Invest in newer technology

    Invest in read only DVD and Blu Ray technologies.

    1) Invest and create a team and collaborate with DVD/Blu Ray manufacturingcompanies to develop read only techniques.

    Invest in online piracy website detection software.1) Invest and create a team and collaborate with software companies like

    TCS, Wipro to develop software which can detect websites which host

    pirated copies.2) Once found hand over such cases to the cyber crime division of thestate.

    Invest in technology that needs offline or online activation of theDVD/Blu Ray before playing the movie.

    1) Burn software onto the DVD/Blu Ray which asks for authentication viainternet and runs only if validated by the website created specially tovalidate such genuine copies.

    2) For users who do not have internet, burn a code onto every DVD/BluRayand then invest in a program that self authenticates the DVD/Blu Raybefore runnig the movie. The code should be protected in such a waythat it cannot be copied via image creation software.

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    Release more digital prints

    Create a marketing team which explains the theatre owners

    about the benefits of shifting to digital technologies and alsooffering them discounts from the costs saved on creating a

    digital print when compared to analog prints.

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    Thank You!!!