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IP Ownership and Monetization on Other Creative Industries 

Joseph Lewczak, Partner, Davis & Gilbert LLP, discusses IP structures and business models in other creative and service industries, including music, publishing, movies, gaming, and software.

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Topic Approx. Time
Different Approaches to Intellectual Property 0:38
Advertising Industry 1:00
Music Industry 2:58
Movies 5:54
Network TV 9:57
Cable TV 10:23
Publishing 13:10
Fine Arts 17:40
End of Lewczak Presentation 20:05
Lewczak Questions and Answers Session 20:05–28:04
1. Does agency need to own the intellectual property in order to link agency compensation to usage work? 20:13
2. In many other creative industries, the creator receives an advance against royalties. Is there an analogous structure that is relevant to the advertising industry? 21:21
3. If the client funds the risk of the creative development process, shouldn't the client own the rights to the use of the work? 22:49
4. When multiple agencies are involved in developing executions for a client, how can the originating creative entity get fairly paid for the impact of their creative ideas? 22:42
5. The publishing and music industries are completely different business models. Can you really compare agency compensation to an artist's payment model where there are no sales without the artist's work? 26:29
End of Lewczak Q&A 28:04
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