In this week’s column, California Sports Lawyer® CEO, Founder, and Managing Attorney Jeremy M. Evans dives into the information, knowledge, and technology debate about the survival and protection of knowledge and learning with a focus on entertainment, media, and sports.
In the entertainment, media, and sports space, as technology expands access to information, it can also restrict it—sometimes by design, and sometimes by law and contract.
You can read the full column below. (Past columns can be found, here).
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Elon Musk will often speak of the survival of knowledge and keeping information for humankind. This is pursued through projects like SpaceX going to Mars and artificial intelligence like Grok developed by xAI. In the entertainment, media, and sports space, as technology expands access to information, it can also restrict it—sometimes by design, and sometimes by law and contract.
Technology is sometimes adopted so fast that it leaves previous technology in the proverbial dust. While new technology is fantastic and efficient, there is something to be said of Hollywood Director Christopher Nolan’s position that physical copies of films should be made more available. Beyond the initial thought of more sales on films after theatrical runs or streaming, information and knowledge, even for film and television, would be preserved in another format if available in physical format. Of course, customers would have to be interested in buying such physical DVDs, etc., like there is an attraction for vinyl records. The interest is currently niche, but growing.
Amazon currently finds itself in a legal predicament. Amazon licenses films on its platform, but unless it owns the copyright to those films and television series, there is always the chance that the title could leave the platform when the license agreement expires. A title leaving a platform is especially troublesome if an early access fee was paid or a fee paid to “own” the copy of the title.
Copyright licensing challenges often occur in broadcasting sports. As YouTube’s streaming and viewership power and influence continues to grow, the battle between networks, streamers, and distributors will also be challenged. Technology is a gateway to the internet, streaming, and digital platforms, which help democratize learning for the masses. Intellectual property laws and exceptions like the fair use doctrine (e.g., educational purposes) can help continue knowledge and information sharing.
Industry consolidation and cooperation are also essential to a growing interest in the survival of information and knowledge with a broadened access business strategy as opposed to exclusivity at all cost. Antitrust law will also help to combat the urge to buy out competitors and keep information flowing between multiple players to avoid a monopoly in one corporate hand. However, the Amazon Prime Video legal issue presents an opportunity to push for truth in advertising and in educating the public.
For example, most digital purchases are licenses, not ownership. The analogy should be somewhat easy to acknowledge since everything on earth is perishable. No product or service lasts forever. It would probably serve the entertainment industry well by re-classifying or re-titling the purchase as a license not ownership unless a physical copy is purchased. However, for the physical copy to be effective, it would still need the proper technology to view.
The truth is that information abundance can erode deep learning and focus. In addition, the personalization that streaming provides through artificial intelligence and data collection requires privacy approvals and significant energy resources. Our laws and technology can both shape whether knowledge grows or contracts. The future hinges on transparent licensing, fair access, and legal safeguards. The debate over information, knowledge, and technology continues to provide insight into how the world will look and change in the coming days, months, and years. It is a moral question as much as it is a legal, policy, and contractual one.
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About Jeremy M. Evans:
Jeremy M. Evans is the Chief Entrepreneur Officer, Founder & Managing Attorney at California Sports Lawyer®, representing entertainment, media, and sports clients in contractual, intellectual property, and dealmaking matters. Evans is an award-winning attorney and industry leader based in Los Angeles and Newport Beach, California. He can be reached at Jeremy@CSLlegal.com. www.CSLlegal.com.
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