According to a news article on ABC News (PDF Calif. to Dump Printed Text..), Governor Schwarzennegger is trying to trim the state’s budget gap with a cheaper alternative to the traditional high school textbooks. California has a US$24.3 billion budget shortfall to face. How much is a billion? If we wanted to pay down a billion dollars of the US debt, paying one dollar a second, it would take 31 years, 259 days, 1 hour, 46 minutes, and 40 seconds. Now multiply that by 24 and you get roughly 761 years! This is just a single state’s deficit, and The Age reported that Arnold refused to increase taxes in order to fill the void. The former actor’s plan to save money pivots around phasing out hardcopy school textbooks in favour of learning over the internet.

While the Terminator star plays with the politics, let’s look at some aspects of information access and learning over the internet. I went back to the books (and blogs) and since then, most of my learning is via each university’s implementation of the Blackboard application, and readings which are scanned into the institution’s online library. Limited (so far) study resources can also be found within Google Books, such as this title on focus groups.

Google’s mission is to organize the world’s information and make it universally accessible and useful.

http://www.google.com/corporate/

Upon reading the CNET News article Google’s digital book future hangs in the balance, one quickly finds that Google stands to make huge sums of money from advertising, book search, institutional subscriptions for access, and selling PDF copies of books. Did anyone check if Arnold has any investment in Google? If you’re also concerned over the legal issues, check out the groundbreaking agreement between authors, publishers and Google Books.

Selling the product you have made, whether that be to a client, to a customer, or to an audience, is crucial. A fantastic product marketed terribly is worthless. First impressions do count. Often the quality of your product will be judged by the quality of its presentation, so put your heart into it!

Making a fantastic product is great. Making packaging and promotional material is the next step.

Target the audience

As you start to decide the packaging, stay focused on these things:

• If you keep focused on who you are designing for, then it is a lot easier to come to a concept without forcing it.
• Do some research. Look specifically at the packaging and the promotional material for products targeted at the same audience bracket. http://creativedepart.com/category/packaging/ is just one place to start that research. Try to appreciate what elements others have used to good effect. Be critical of stupid design moves. Put yourself into the demographic of the product’s target group and assess it how they would.
• Ask around. Basically, get a feel for the current market.
• Use graphics, fonts, and language that are relevant for the demographic the product is aiming at… Compare the different demographics being aimed at on the packaging of these 2 racing games:
  
  
  

Ratings

Just like movies, video games are governed by a ratings system.

The Entertainment Software Rating Board (ESRB) ratings are designed to provide concise and impartial information about the content in computer and video games so consumers, especially parents, can make an informed purchase decision.

The process

Make quite a few possible package designs, and then cull them. If the design is incongruous with the rest of the project, file it with all the others sacrificed. Choose the 1 design that best fits the criteria – classy, attention-grabbing, effective, and informative. Remember, the purpose is to sell this product.

Layout

This final design stage is so important, regardless of how mundane the project may seem after your months of hard yakka. Package layout is comprised of fonts, copy, and graphics.
Text layout is vital – this is the text that is going to convince a client/customer that the cool box they just picked up is actually worth buying/trying.

On the front, on the back

See Packaging and the Premiere for the list of vital elements to include on the front and on the back of the packaging.

Fonts

Be consistent and use the same highlight fonts on the packaging as those in the actual product. Check back in Multimedia Fundamentals for the typography links. Legible and scannable are rather crucial qualities, and a secondary font should be used for body text.

Colours

Again, consistency is the name of the game. Besides, if using modern design software, you can save quite some effort and literally just re-hash existing artwork and palettes. However, other packages of the same genre will all be sitting on the market shelves alongside each other. So it may pay to add a classy, contrasting colour. Check Multimedia Fundamentals for the colour links.

Writing copy language and aesthetics

The language you use will either sell your product, or lose a user’s interest. Marketing departments should determine and prioritise the most important parts of the product, and the copy should reflect these important features. Sometimes it might help to use short words, but it is always best to avoid industry jargon and genre specific language. Use exciting language that briefly explains the purpose, features, and highlights.

Text should be large and clear, and restricted to designated areas on the box. Keep the blurb brief and in a compact space. Use bullets to visually distinguish between points.

Graphics

Primarily derived from sketches and the product, artwork must be consistently themed. Only a few screen shots are needed on the back. What actually makes a good graphic depends on the genre and target user group. A children’s game cover graphic would misrepresent an adult game, and vice versa. A good graphic also encapsulates the themes and characters of the product without necessarily reflecting the actual content. Cover designs of a variety of games all show a number of similarities and common concepts: a prominent title, and one central graphic feature.

Cross-marketing mediums

The important thing with cross-marketing is identifying the most effective mediums to use for promotion. Cross advertising a product for middle-aged business men in a drum’n'bass zine may not be the most effective method of advertising. Again, it comes back to being able to assess your audience – to know what other information mediums they access, and utilize those. Other potential information mediums are the web, radio, print, and any genre specific mediums.

Web marketing

Creating a parallel website is a great way of cross-promotion. Keep it consistent. Use the same fonts/colors/graphics as the actual product and the box. Include lots more information – reviews, in-depth discussion of plot, and etcetera.

The website for Grand Theft Auto IV (http://www.rockstargames.com/IV) mirrors the colours and artwork from the actual game itself. The website also features news (pictured right), radio stations, merchandise, updates, subscription, game information and other features.

Print marketing

Get reviewed. Advertise in relevant magazines (gaming, etcetera). Remember to use big headings and graphics in advertising material, and only provide basic information (website/distributor and genre).

Most nations follow the Berne copyright convention, i.e. the author / designer doesn’t have to state that the material is protected. Thus, absolutely nothing is public domain unless the owner explicitly states it.

Copyright and how to breach it!

It is simple: ask the author / owner and get their permission before you publish their material. Failure to do so is a breach of copyright, unless allowed under the fair use doctrine.

Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.

To determine whether your intended use meets the criteria of the four-factor balancing test, purpose of use (1), nature of work (2), relative amount (3), and market effect (4), refer to my post from August last year, © copyright versus fair use.

Educational fair use

• motion media – up to 10% or 3 minutes, whichever is less.
• text – up to 10% or 1,000 words, whichever is less.
• music – up to 10% or 30 seconds.
• illustrations, cartoons and photographs – no more than 5 images from a single artist.

Commercial fair use

Copyright permission must be obtained from the owner for all commercial purposes.

Terms in copyright

Intellectual Property (IP)

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

Trademark

A trade mark can be a word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging or a combination of these. It is used to distinguish the goods and services of one trader from those of another.

Royalties

The owner of the rights will usually get payments (in the form of royalties) in return for use of the property.

Public Domain

The public domain is a range of abstract materials—commonly referred to as intellectual property—which are not owned or controlled by anyone. The term indicates that these materials are therefore “public property”, and available for anyone to use for any purpose.

Fair Use

Certain allowances of limited use of copyright material, without permission from the rights holder.

Derivative work

A derivative work pertaining to copyright law, is an expressive creation that includes major, copyright-protected elements of an original, previously created first work.

Right to Publicity

The Right of Publicity can be defined simply as the right of an individual to control the commercial use of his or her name, image, likeness or other unequivocal aspects of one’s identity.

IP law for multimedia

There are four major intellectual property laws that are important for multimedia developers.

1. Copyright law, which protects original “works of authorship.”
2. Patent law, which protects new, useful, and “non-obvious” inventions and processes.
3. Trademark law, which protects words, names, and symbols used by manufacturers and businesses to identify their goods and services.
4. Trade secret law, which protects valuable information not generally known, that has been kept secret by its owner.

Copyright protects written material, artistic works, musical works, dramatic works, computer programs, and compilations. Due to the fact that most commercial websites are created by multiple authors, copyright on websites is unclear. Materials and media used on a website may belong to other authors.

The World Intellectual Property Organization (WIPO) is an international organization dedicated to helping to ensure that the rights of creators and owners of intellectual property are protected worldwide and that inventors and authors are, thus, recognized and rewarded for their ingenuity.

For guiding information on copyright issues relating to multimedia, check White SW Computer Law’s article http://www.computerlaw.com.au/doku.php?id=mm&s[]=multimedia#multimedia_issues and visit http://www.ipaustralia.gov.au for IP in Australia.

References

Derivative work – Wikipedia, the free encyclopedia. (n.d.).

Retrieved June 8, 2009, from http://en.wikipedia.org/w/index.php?title=Derivative_work&oldid=291297720

Fair use. (2009, June 7). In Wikipedia, The Free Encyclopedia.

Retrieved 01:33, June 7, 2009, from http://en.wikipedia.org/w/index.php?title=Fair_use&oldid=294890938

c=AU; co=Commonwealth of Australia; ou=Department of Innovation, I. (n.d.). IP Australia : Trade Marks > What is a trade mark?

Retrieved June 8, 2009, from http://www.ipaustralia.gov.au/trademarks/what_index.shtml

Personality rights – Wikipedia, the free encyclopedia. (n.d.).

Retrieved June 8, 2009, from http://en.wikipedia.org/w/index.php?title=Personality_rights&oldid=294882627

Public domain – Wikipedia, the free encyclopedia. (n.d.).

Retrieved June 8, 2009, from http://en.wikipedia.org/w/index.php?title=Public_domain&oldid=294991227

What is Intellectual Property? (n.d.).

Retrieved June 8, 2009, from http://www.wipo.int/about-ip/en/

As an illustration of the information you give away when you are browsing online, go to one of the following websites:

• http://privacy.net/analyze/
• http://centralops.net/asp/co/BrowserMirror.vbs.asp

This is just a sampling of the large amount of information that can be collected from you. This information can be used in many ways.

For marketing purposes, information such as: browser type; what sites you have visited and your favourites links (which can yield information on your browsing habits); what type of sites you visit (which can indicate what hobbies you have, and where you work – including what field); what type of computer you are using etcetera; can all then be used to target ads to you.

However, someone can use this information for a more malicious intent. If someone can get information on what browser you are using, and what operating system, they can see what security vulnerabilities you are susceptible to and can ‘attack’ your machine using this information – this is merely one example (and there are countless other ways) the information you give away can be maliciously used.

Perhaps it is a good thing that the next release of Firefox will have a porn mode. Check out the current security features if you’re bored. Oh, and by the way, if you are still using Internet Explorer, in all likeliness, you’ve been attacked and just don’t realise it. Take a read of the post by Brian Krebs from January 4, 2007 titled Internet Explorer Unsafe for 284 Days in 2006.

Firefox users who can’t wait for 3.1 (it’s available in Beta at this time), or you need another surf of those porn sites, then perhaps get some privacy and security add-ons in the meantime. They might slow down the onslaught of Viagra, penis enlargement and breast implants spam arriving in your inbox.

Public domain (http://ww.wikieducator.org/Copyright_and_copyleft/public_domain) comprises all the works that are free to use without permission. There are a lot of works on the internet that are in the public domain and hence, not protected by copyright. Ideas, facts, titles, names, short phrases, and blank forms are not eligible for copyright protection. These surprised and shocked me, until I read that ideas are protected by patents, and names protected by trademarks.

This leaves creative expression under the protective realm of copyright.

The Copyright Act of 1976 states that the items of expression can include literary, dramatic, and musical works; pantomimes and choreography; pictorial, graphic and sculptural works; audio-visual works; sound recordings; and architectural works. An original expression is eligible for copyright protection as soon as it is fixed in a tangible form.

For more details on the specific forms of literary, musical, dramatic, visual art, and sound recording works that are covered by copyright, see the http://www.benedict.com/Info/Law/What.aspx web page. One would register their work of expression with the national copyright office to enable them to sue for plagiarism and statutory damages.

When “The Pacifier” was shown online by a Chinese website without permission, the Motion Picture Association of America (MPA) complained to the National Copyright Administration of China last October.

The copyright agency then ordered www.116.com.cn to stop the piracy and fined it US$11,140.

On the international stage copyright law is successful in some cases. The above example from China Daily of China to improve copyright protection has a good outcome for the artists, but I’m not convinced there is complete understanding.

Wang Bin, with the Internet Society of China, yesterday said that to curb Internet users’ habitual downloads of pirated music, software and other products, it is important to technically enable copyright-holders to monitor use of the products and cut their sometimes unduly high price.

I’m afraid it’s more a catch 22 when it comes to the price of art and creative expression. Furthermore, in the proposed Free Trade Agreement between China and Australia (21 June 2005) there was some concern expressed by copyright owners on the protections of their rights.

18. This is even more so the case as a consequence of the move by the copyright industries to the digital delivery of copyright works and the adoption of this technology by educational institutions. The particular circumstances and particular nature of the use of copyright works in a digital environment, such as perfect reproduction and ease of copying and communication, make copyright owners even more concerned that their rights should be protected when trading in their copyright goods with China.

The WIPO disclaimer states that international copyright protection is automatic, it exists as soon as a work is created, and this principle applies in all the countries party to the Berne Convention. According to the list of contracting parties in the Berne Convention, Australia has been there since early 1928 and China since late 1992. Although the creations are copyright and need not be registered in any of the 164 contracting parties, with the ease of digital reproduction and the proliferation of markets for cheaper pirated copies, I can understand the concern of copyright holders.

Can we get around copyright? Well, provided you meet the Fair Use criteria, yes it is possible to use copyright material. There’s some fancy mathematical equation for working out the balance of four factors:

• purpose of use
• nature of work
• relative amount
• market effect

So what is unfair use? Plagiarism and piracy. People go for illegal choices because there is no legal way to download this stuff. This argument in the LiveWire section of yesterday’s The Age article ISPs join the copyright fight by Lia Timson, indicates we have become spoilt with ab/use of broadband connections. It appears our impatience results in rather direct theft from film-makers and the like.

Have I used images or words on my website that contravene copyright laws? Perhaps for interest and with ease, I have used copyright material on my website. Whilst it all complies with Fair Use, I’d like to start notifying the rights holders before using the material.

From my experience, this request-permission-granted system has worked well for me in further publication of several of my flickr hosted photos. Flickr does a good job of explaining the different licences of use under the Creative Commons area – http://www.flickr.com/creativecommons/ Also of interest to programmers would be The art of the open-source license by Dave McAllister.

Would you be in breach of copyright if you put the Curtin logo at the top of your web page for an assignment? No, provided the logo is copyright-owned by Curtin. Naturally, acknowledge the source, as always.