[opendtv] Opinion: Stations Need To Stream Their Signals Now
- From: Craig Birkmaier <craig@xxxxxxxxx>
- To: OpenDTV Mail List <opendtv@xxxxxxxxxxxxx>
- Date: Fri, 5 Aug 2011 09:53:07 -0400
http://www.tvnewscheck.com/article/2011/08/04/53018/stations-need-to-stream-their-signals-now?utm_source=Listrak&utm_medium=Email&utm_term=Stations+Need+To+Stream+Their+Signals+Now&utm_campaign=Padden%3a+Stations+Need+To+Stream+Their+Signals+Now
OPEN MIKE BY PRESTON PADDEN
Stations Need To Stream Their Signals Now
Stations need to begin streaming their live signals, and to offer
streams of past programs, before the future passes them by. The first
steps are to fashion a business model and secure the necessary rights
from broadcast networks. It's in the networks' interest to extend
those rights to affiliates, which are still the strongest
distribution platform around.
By Preston Padden
TVNewsCheck, August 4, 2011 11:38 AM EDT
Streaming video is a big part of today's television experience and it
will only get bigger. It concerns me to see the streaming phenomenon
grow without the full participation of TV stations. To be blunt, I
worry that local stations could miss out on the future of television.
The broadcast networks have jumped on the streaming bandwagon with
their own ".com" sites and through deals with Hulu, Netflix, Amazon
and others. That is great, but what about their traditional station
partners? Some networks, like ABC, allow local stations to sell some
of the ads in network streams to viewers in the station's local
market. And some stations stream their local news. Unfortunately,
these laudable, but fragmented, streaming initiatives are not the
same as streaming the station's entire signal.
Stations need to begin streaming their live signals, and to offer
streams of past programs, before the future passes them by. The
question is how to fashion a business model and how to secure the
necessary rights.
Let's start with how not to get there. Some advocates for stations
have tried to make two particularly unpersuasive legal arguments.
First they argue that historical affiliation agreements between
networks and stations already confer streaming rights on the
affiliates. But, the basic grant of "first call" program rights in
most of these agreements dates back to a time when the only "streams"
around were those with trout in them.
The second ill-considered argument is that the cable compulsory
copyright license somehow confers on affiliates the right to stream
all the programs on their schedule. The Copyright Office has soundly
rejected this argument. In my opinion, the time spent on arguments
like these is time wasted as streaming becomes entrenched everywhere
except on TV stations.
My suggestion is that instead of advancing strained legal arguments,
stations should develop credible streaming business models and then
engage in good-faith negotiations with their program suppliers,
including the networks, to secure the necessary rights. Geo-location
technology, like Syncbak, is available to appropriately limit a local
station's streams to its DMA. But stations first need to negotiate
for the rights. And, the sooner the better.
If I were running a station, I would negotiate for exclusive live
streaming rights for all of my programming. Then viewers in my market
(including those who don't subscribe to cable or satellite) could
watch my station live on their iPads, Android tablets, smart phones
and other devices, without needing to fight for the inclusion of VSB
receivers in these devices, which is unlikely to happen anytime soon.
In addition to exclusive live streaming rights, I would negotiate for
non-exclusive streaming rights in the programs on my schedule
subsequent to their live broadcasts. It is perfectly fine that the
networks offer after-broadcast streams on their own ".com" sites and
authorize Hulu, Amazon and others to do the same. But stations with
credible business models should be able to offer consumers the same
after-broadcast streaming opportunity on a non-exclusive basis.
If I were running a network, I would want my affiliates to
participate in the streaming revolution. Stations are the strongest
distribution platform in television - by a wide margin. Assuming that
stations can develop streaming business models that generate revenue
for their networks, it would serve the best interests of the networks
to keep this great partnership going into the streaming future.
Unless I am missing something, there is the potential for a real
"win-win-win" here for stations, networks and viewers. Unfortunately,
there is also the potential for stations to miss out on the streaming
future of television. That would be a crying shame.
Preston Padden is an adjunct professor of law at the University Of
Colorado and a senior fellow at CU's Silicon Flatirons Center.
Previously he was an executive with Metromedia, Fox, ABC and Disney.
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