Data processing: financial – business practice – management – or co – Automated electrical financial or business practice or... – Electronic shopping
Reexamination Certificate
2000-01-20
2003-08-26
Trammell, James P. (Department: 3621)
Data processing: financial, business practice, management, or co
Automated electrical financial or business practice or...
Electronic shopping
C705S057000
Reexamination Certificate
active
06611813
ABSTRACT:
FIELD OF THE INVENTION
This invention relates to digital audio and video playback, and more particularly to methods and apparatus that provide management of playlists for royalty bearing and non-royalty bearing viewable items and ensure compliance with the performance complement requirements.
BACKGROUND OF THE INVENTION
For convenient reference a “selection” will refer to an audio and/or video recording herein. Listening to and/or visually watching a selection is referred to collectively as “viewing” the selection. Copyright coverage of a viewable selection often requires payment of a royalty, or of a royalty-equivalent, when the selection is viewed more than a threshold number of times. A royalty-equivalent may be “paid” by viewing one or more commercial messages or advertisements at a time contemporaneous with viewing of the selection.
The Digital Millennium Copyright Act of 1998 (“Millennium Act”) imposes additional requirements on a user who views, or offers viewing of, a sequence of two or more selections associated with a given recording, artist, artist group or anthology. One motivation for imposition of these additional requirements is to ensure that a given selection or artist does not become “shopworn” by reason of being viewed too often. The Millennium Act requirements are fairly complex and involve more than merely counting the number of times a particular selection is viewed in a commercial context.
What is needed is a system and associated method that facilitates compliance with the Millennium Act and facilitates viewing of royalty bearing and non-royalty bearing selections according to earlier provisions of copyright law. Preferably, the system should be flexible enough to allow quantitative and qualitative changes that reflect foreseeable changes in the applicable copyright law and should allow automation of a procedure for compliance with applicable copyright law.
SUMMARY OF THE INVENTION
These needs are met by the invention, which provides a system whereby a viewer or other consumer of audio and/or video selections (“user”) manages one or more “playlists”, defined as a menu of one or more program items, such as music selections, news stories, literary audio works and video works, that are viewable by the user. A connection is established between the user and a data network, such as the Internet, in which the user uses a computer equipped with a modem to interact with a network server to obtain program items and associated information.
Certain items in the viewer's playlist cannot be viewed more than a threshold number of times without violating certain performance requirements. The system provides a timer to control viewing and to ensure that a given item or related group of items is not viewed too often. One or more advertisements or other commercial messages is inserted in the program selections at selected times, or the viewer can choose commercial-free operation of the playback system.
The system allows some freedom on the part of the viewer but ensures that copyrights of the program material are not violated. The system distinguishes between a royalty bearing (“RB”) program item, on which copyright requirements are imposed, and non-royalty bearing (“NRB”) program items, on which time or viewing constraints are not normally imposed, and monitors viewing time for the RB items. By tracking each RB item viewed, the viewer will usually qualify for a reduced royalty rate. Typically, cumulative royalties paid to a licensing company, such as the American Society of Composers and Publishers (ASCAP) or Broadcast Music Institution (BMI) are higher if a blanket license is issued and the licensee is not required to account for each viewing of a performance. Herein, a “viewing” refers to a performance of part or all of an audio work or video work. The system will also track which songs or other selections a user views, how often each selection is viewed, and at what times and dates each selection is viewed.
One or more advertisements may be displayed in association with a playlist, and an ad may be given preference at certain times or dates, or because of the payment or payment-equivalent associated with viewing of the ad. One or more ads are displayed when a selected payment threshold is reached. Because some selections may accrue royalties at a higher rate than other selections, the system determines how often, and in what order, a sequence of advertisements is displayed in order to cover the royalties payable by reason of the user's viewing one or more selections.
This approach creates a content warehouse where a user can store an entire library of viewable selections. The user may have purchased a license to view some of these selections; viewing of other selections may require one or more royalty payments; and other selections may be viewable without charge. The user may choose to view commercial-supported selections (interspersed with advertisements) and/or may choose to view certain selections commercial-free. Commercial-free viewing is available (1) by limiting selections to those for which the user has purchased a license or which are designated as NRB by the publisher or copyright holder or (2) by making payment or payment-equivalent for the selections viewed. Then system also implements a sequence of tests, for each selection viewed, that ensure compliance with the performance complement provisions of the Millennium Act.
REFERENCES:
patent: 5155591 (1992-10-01), Wachob
patent: 5319455 (1994-06-01), Hoarty et al.
patent: 5404566 (1995-04-01), Wehrmeyer
patent: 5557242 (1996-09-01), Wetherell
patent: 5557541 (1996-09-01), Schulhof et al.
patent: 5787399 (1998-07-01), Lee et al.
patent: 5819160 (1998-10-01), Foladare et al.
patent: 5931901 (1999-08-01), Wolf et al.
patent: 5966440 (1999-10-01), Hair
patent: 6006257 (1999-12-01), Slezak
patent: 6018765 (2000-01-01), Durana et al.
patent: 6055566 (2000-04-01), Kikinis
patent: 6108686 (2000-08-01), Williams, Jr.
patent: 6202056 (2001-03-01), Nuttal
patent: 6349339 (2002-02-01), Williams
patent: 0 680 214 (1995-02-01), None
patent: 0975111 (2000-01-01), None
patent: 2001309355 (2001-11-01), None
patent: WO 97/12486 (1997-03-01), None
Congress Protects Copyrights on the Web, Dec. 12, 1998, vol. 131.*
Website of Lutzker & Lutzker LLP, Nov. 1998.*
Patent, Trademark and Copyright Laws, 2001 Edition, 17 U.S.C. §114 and §115.
Fenwick & West LLP
Listen.com
Pierre Elisca E.
Trammell James P.
LandOfFree
Digital audio and video playback with performance complement... does not yet have a rating. At this time, there are no reviews or comments for this patent.
If you have personal experience with Digital audio and video playback with performance complement..., we encourage you to share that experience with our LandOfFree.com community. Your opinion is very important and Digital audio and video playback with performance complement... will most certainly appreciate the feedback.
Profile ID: LFUS-PAI-O-3081071