What’s scarce?

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The only reason every project doesn’t scale to infinity is that something runs out. Time, money, natural resources, new fashions, new customers… something is scarce.

The first question you need to ask about your project is: what’s scarce?

The second: how do I get by with less of it?

June 30th 2012 Uncategorized

What’s on BBC Red Button 30th June – 7th July

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What's On Red Button banner

T in the Park


T in the Park

The UK’s liveliest festival crowd and an iconic setting in rolling Scottish countryside always make T in the Park a huge spectacle. Viewers will be treated to extended coverage on Red Button – full sets and uninterrupted music from three stages at T, as well as tracks from some of the stars of the future performing for BBC Introducing.

This year’s artists include current crowd favourites Tinie Tempah, Professor Green, Jessie J, Example and Emile Sandé. The Main Stage will play host to a party of epic proportions on Saturday for headliners The Stone Roses, on stage after Noel Gallagher’s High Flying Birds. More quality nostalgia is provided over the weekend by New Order, Simple Minds and The Happy Mondays. Other festival favourites playing include Kasabian, Snow Patrol, Florence & the Machine, Chase & Status, David Guetta, Calvin Harris, Swedish House Mafia and Elbow.

Available on all platforms

Freesat/Sky/Virgin Media:
Fri 6th July, 9:00pm-2:00am
Sat 7th July, 3:35pm-7:50pm, 9:30pm-2:00am

Fri 6th July, 9:10pm-2:00am
Sat 7th July, 9:20pm-2:00am

Secret Fortune – Play Along Quiz

The National Lottery: Secret Fortune – The ultra-tense quiz show with lots of twists returns to BBC One, hosted by Nick Knowles.

Studio contestants compete to win their Secret Fortune, anything from £100 to £100,000. Press the Red Button during the show to
play along at home with the contestants. What would your Secret Fortune be?

Available on Sky/Freeview:
Sat 30th June, 8:20pm-9.10pm
Sat 7th July, 8:20pm-9:10pm

Feed My Funny

The Red Button will be showing highlights of the seven web exclusive comedies produced for BBC Three. Feed My Funny online exclusives extends BBC Three’s reputation for breaking new

comedy talent on TV, and now you can watch them on Red Button. From new sketch show formats like For The Win and Dawson Bros Funtime to hidden camera stunts in Impractical Jokers, a vehicle for exciting new stand-up

Imran Yusuf and surreal silent comedy from The Boy With Tape on his Face – this is diverse British Comedy that until now you could only see online.

Available on all platforms

Freesat/Sky/Virgin Media:
Mon 2nd July – Thu 5th July, 9:30pm-4:00am
Sat 7th July, 2:30am-4:00am

Tue 3rd July, 9:30pm-4:00am
Wed 4th July, 11:10pm-4:00am
Thu 5th July, 9:30pm-4:00am
Sat 7th July, 2:10am-4:00am

London Collection


Aerial view of London, looking east towards Canary Wharf

The London Collection is an archive collection that celebrates the people and places of London. Highlights are available on the Red Button and the full archive collection is available

online at BBC Four Collections. There will be various programmes on both BBC Two and BBC Four which are supported by this


Available on all platforms

Freesat/Sky/Virgin Media:
Sat 30th June, 9:40pm-4:00am
Mon 2nd July, 9:30pm-4:00am
Tue 3rd July, 9:35pm-4:00am
Wed 4th July, 9:55pm-4:00am
Thu 5th July, 9:30pm-4:00am
Fri 6th July, 9:30pm-4:00am

Wed 4th July, 9:55pm-11:00pm

CBBC Extra

Press red on the CBBC channel this week and join Chris and Dodge. T. Dog as they introduce exclusive clips from a wealth of CBBC goodies including Hacker Time and Blue Peter’s Olympic Tour. Chris also goes behind the scenes for exclusive access on the set of all new Shaun the Sheep Championsheeps!

You can also read Chris and Dodge’s blog, answers to some of your questions, read your horoscopes and see if the jokes that made Chris and Dodge LOL will have the same effect on you.

Go on, press red… You know you want to!

CBBC Extra website

Available on all platforms

Freesat/Sky/Virgin Media:
Sat 30th June, 7:00am-9:20am
Mon 2nd July-Sat 7th July, 7:00am-10:00am

Sat 30th June, 7:00am-9:40am
Mon 2nd July-Thu 6th July, 7:00am-10:00am
Fri 6th July, 7:00am-9:45am

CBBC Euro Final Commentary

Get ready! Because this Sunday during the Euro 2012 Final CBBC is hosting the CBBC Euro Commentary on the red button. Chris Johnson doesn’t know much about football but don’t worry Match of the Day Kick About’s Sonali Shah will be there to help him out, along with Michael Absolam and Joel Defries – it should be mayhem.

Go to the CBBC Messageboards
to join in and let us know what you’re up to. Your comments might get read out on the night!

Press red to listen to the CBBC alternative commentary live as you watch the match from 7:45pm on Sunday, and select ‘Alternative Commentary’.

CBeebies Red Button

BBC Red Button welcomes younger viewers and grown-ups with a sense of adventure to the big, bright and fun world of CBeebies interactive!

Your children’s favourite characters are at the heart of the interactive TV experience. Satellite and digital terrestrial viewers will have slightly different offerings
from one another. This has enabled the Red Button team to offer the best games tailored to each system.

CBeebies Red Button is available on the CBeebies channel, and via page 5900 on other channels.

CBeebies website

Available on Freeview and Sky only

BBC Sport Multiscreen**

Catch up on all the latest Sport via the BBC Sport multiscreen. Headlines are available around the clock with up to five additional streams available to cover the best that BBC Sport has

to offer.

Please note that Red Button sport timings are subject to change at short notice.

For the latest information refer to the BBC Sport website.


  • Torch Relay – Live coverage of the Olympic Torch relay
  • Tennis – Live coverage of the Wimbledon Championships 2012
  • Euro 2012 – Live coverage of the final with alternative audios and rolling highlights.

**Note all Red Button times are subject to change at short notice

June 30th 2012 Uncategorized

Photographer’s Suit Against Client for Republishing Photos on Facebook Proceeds – Davis v. Tampa Bay Arena

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[Post by Venkat Balasubramani with comments by Eric]

Davis v. Tampa Bay Arena, Ltd., 2012 WL 2116136 (M.D. Fla.; June 11, 2012)

This seems like a run-of-the-mill dispute between a photographer and client, but I think it contains some helpful lessons. I have a feeling we will see more of these in the future. Chalk it up to more aggressive copyright enforcement, or an impulse to put out an increasing amount of content, or a combination of the two.

Davis worked from 1998 through 2011 (under various contract arrangements) for Tampa Bay Arena as the in-house photographer photographing events. (For what it’s worth, here’s what looks like Davis’ site.) Davis (smartly) retained ownership of the photographs and licensed them to the arena for limited uses. The agreement in place between the parties allowed for use by the arena in the following ways:

newsletter, advertising, display prints, broadcast, and the venue website.

The arena terminated its relationship with Davis in 2011 but continued to use his photographs. In early 2011, the arena created a Facebook page and posted Davis’ pictures on the page. Apparently Facebook had a feature that allowed users to download photographs at the click of a button, and this feature was available on the arena’s Facebook page. Davis asked the arena to remove the photographs from its Facebook page. The arena demurred, and Davis sued, asserting claims for infringement, conversion, and breach of contract.

Breach of contract: The court declines to dismiss the infringement claim, finding that there is a factual dispute as to whether the arena’s use falls within the permitted uses of the agreement. The court does dismiss the infringement claims based on unregistered photographs (with leave to amend). However, the court declines to dismiss Davis’ claims for statutory damages finding there are factual disputes with respect to the timing of the infringements and the registrations.

Conversion and Breach of Contract: The court also declines to dismiss Davis’ conversion and breach of contract claims. The court does not mention preemption when discussing the conversion claims, but finds that the arena’s retention of the slides is sufficient to support a claim. (Some of the photographs were taken with a digital camera and others were taken in slide format.) The court mentions preemption when dealing with the breach of contract claim, but summarily says that the “extra element” required to support a breach of contract claim (when also bringing a claim for infringement) is satisfied when there is a contract in place. Nevertheless, the court says that Davis alleges breaches that are independent of infringement: (1) adding corporate sponsorships to photographs; (2) refusing to return the photographs; (3) conveying rights to Facebook; (4) failing to give appropriate credit; and (5) using photos for sponsorship purposes.


Unfortunately for the arena, the license provisions cover the “venue website” but do not expressly reference Facebook. This isn’t surprising, given that at the time the parties negotiated the 2008 agreement, Facebook was hardly as ubiquitous as it is now. The idea of creating a Facebook page was probably not even a glimmer in the arena’s eye.

The key question will be whether the arena can argue that use of the photos on the Facebook site should fall under “advertising”. This will probably be a tough argument, particularly given that anything posted to Facebook grants Facebook broad license to re-use it (e.g., in sponsored stories) and, equally as important, allows end users (fans) to freely download it. (Recall the dispute–still ongoing–between Agence France Presse and a photographer who made photos of the Haiti earthquake. AFP took the position that photos posted to Twitpic were subject to a broad license. The parties filed cross-motions for summary judgment which are currently pending before the court.) Unless the arena has some blockbuster emails from Davis evincing an understanding that the arena’s use in “advertising” was intended to be broadly construed, this may be a tough one for the arena to win.

A few copyright issues that the case brought to mind:

– when is a breach of a license agreement actionable as infringement versus as a breach of contract (as the court noted in MDY v. Blizzard, when a breach of a condition implicates one of the copyright owner’s exclusive rights, which was probably satisfied here)

– can Davis make out a conversion claim based on retention of the photos? (retention of the slides may suffice for the non-digital photos)

– how about the arena’s argument that Davis can’t exploit the photos without its consent or without the consent of the artists or performers (how will this affect Davis’ chances for damages in the event he is limited to actual damages?)

These questions aside, I think this is a good cautionary tale when dealing with freelance photographers. One obvious point from this case is clients/licensees should spell out in advance what their acceptable uses would be, and in the era of social media, it’s worth being expansive, or as general as possible. Something like “the arena can use the photos on its websites or in third party websites or platforms for purposes of advertising or promotion” would have gone a long way here.

The trajectory of the relationship between Davis and the arena is interesting. As recounted in this news story posted to Davis’ blog, Davis had a long-standing relationship with the arena. The arena posts the photos to Facebook. Davis complains, then sends a C&D, ultimately leading to termination of the relationship. Davis seemed like he had a sweet gig as an in-house photographer at the arena. Was Davis over-reacting when he asked the arena to remove his photos from its Facebook page? Will his proceeds from the lawsuit make up for the money he loses from the arena’s business?

Eric’s Comments

I’ve complained before about dealing with freelance photographers. During my stint at Epinions, we got sued only two times–both by freelancer photographers for photos we had obtained from third parties, and in both cases the financial demands were completely untethered from reality. As a result, when I see someone who describes themselves as a “freelance photographer,” I just assume their alter ego is “pugnacious plaintiff.” If you’re negotiating a contract with a freelance photographer, get everything you possibly could ever want into the contract before writing a check. Once the cash moves, any activities not clearly permitted by the contract will cost a boatload more or invite a lawsuit, even if financially irrational. CAVEAT EMPTOR!!!

Personally, I won’t deal with freelancer photographers who have unreasonable negotiating positions on copyright. That’s a good signal that they are likely to be tendentiously unreasonable in the future too. In fact, in my capacity as HTLI director, I just kiboshed a deal with a photography vendor whose contract was muddled on copyright terms and who didn’t back down when we made a reasonable counterproposal. Major red flags. The best news: we found a replacement vendor who was half the price and whose form contract was more reasonable about copyright from the start.

Speaking of financial irrationality, I want to amplify on Venkat’s discussion about the relationship. The opinion says that Davis was getting $350 per event, plus $130/hr for events over 4 hours (implying an hourly rate of no less than $87.50/hr for events shorter than 4 hours), and he retained the copyright to the photos and could presumably commercialize those in a variety of ways. Getting paid a decent hourly rate to produce copyrighted material that can be further commercialized without restriction sounds like a pretty sweet gig to me (and that doesn’t count the other perks, like the free entrance to cool events and the opportunity to rub shoulders with the rich and famous). Meanwhile, it’s no surprise that the arena dumped him overboard when he threatened litigation, so Davis chose to grab for the litigation cash and free up his time for other gigs rather than keep the existing economic arrangement with the arena.

Was that a good economic choice? It’s hard to tell, but the opinion does give another clue. David sued on 255 photos, 215 which weren’t registered at the time he sued, meaning that at most 40 of the photos could possibly support statutory damages and attorneys’ fees. It’s not clear from the case if all 40 actually were registered on a timely basis, so we’ll have to see if Davis is eligible for any enhanced statutory remedies at all.

I’m going to go on a limb and suggest that the maximum possible damages for the 215 photos will be de minimis. Although Davis might have a standard licensing fee for his photos, which would support a plausible claim for actual damages for these photos, the dollar value can’t be very high for the use on a Facebook page. And even if all 40 of the other photos qualify for statutory damages, my guess is that the damages will be more on the $750 side than the $30,000 side (and certainly not the $150,000 side).

So how much could this case be worth in Davis’ best-case (but still realistic) scenario? $50k? $100k? Is that maximum potential upside worth chucking a long-term relationship (13 years) with the arena? Only Davis can answer that question, and obviously he has (at least implicitly). I hope he made a wise choice.

June 30th 2012 Uncategorized

Comic for June 30, 2012

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June 30th 2012 Uncategorized

Bing, the SEO Friendly Search Engine

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Bing, the SEO Friendly Search Engine was originally published on BruceClay.com, home of expert search engine optimization tips.

Do you believe in link love at first site or should I refresh my browser?

How’s that for a pick-up line at the next SEO mixer?

Of course links haven’t been all love lately, with Google’s Penguin punishing sites for involvement in any manipulative linking practices and negative SEO becoming a real threat.

Curiously enough, yesterday news dropped that marries the topics of link penalties and flirting.

Bing has been aggressively courting the SEO community. Among Bing’s moves to curry our favor is the recent Pheonix Update of Bing Webmaster Tools. And now Bing has introduced a link disavow protocol for handling pesky rotten links you just can’t get removed.

When I spoke with Bing Webmaster Tools manager Duane Forrester earlier this month about the new tools for SEOs, like Link Explorer and SEO Recommendations, I got the impression that Bing is committed to serving marketers. In his own words:

“Investing in Webmaster Tools is a way to partner at scale with website owners. If we offer insights that help them improve their site, those improved sites provide us with better results for searchers. Be that through a better user experience on the site, or through fixing issues which might impede discoverability. It makes sense to partner with webmasters and enable them as best we can.”

It makes sense for Bing to position itself as the SEO-friendly search engine as it battles for search market share with Google. If webmasters and SEOs view Bing as the engine that gives them the most actionable data and useful tools, there an incentive for businesses to push consumers to Bing.

It’s kind of like supply-side economics. By stimulating the suppliers they can create great products that consumers want to buy in turn. And as for the power of marketers to influence consumers to choose Bing over Google, tech advice by SEOs holds weight. On a personal level, the SEOs I know are considered the most tech savvy among their family, friends and peer groups. Their suggestion to try out Bing will at least earn a moment of pause.

On the flip side of the equation is demand-side economics. And the trick is that both work, and they work best together. The Bing marketing team has been doing great things to position the search engine as a powerful tool for the hip, modern Internet user.

Bing commercial has a sick track

And as I sort through this economics model I just had a light bulb moment: Forrester’s email display name says Bing Ecosystem right in it.

Bing Ecosystem Duane Forrester display name

Bing is creating an ecosystem around its services and meeting SEOs’ demands is one corner of Bing’s efforts. They’re stoking the fires of demand by demonstrating the value of their search to a cool and tech savvy set and supporting a cashback rewards program for users. And the search engine is stimulating growth through the supply chain with continual improvements to search products and incentives site owners to create the best business experience on the web.

In other words, Bing’s using that other fool-proof pickup line on SEOs: “Hey baby, I think I’d be a good return on your investment.” ;)

June 30th 2012 bing

Google Sound Search

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Android Jelly Bean comes with a Google widget that lets you find the name of a song you’re listening to. Just like Shazam or SoundHound, except that the widget links to Google Play, so you can quickly buy the song if you’re in the US.

The widget’s name is Sound Search, but the most prominent message you’re likely to see when using the widget is “What’s this song?”. The internal codename for the app seems to be “Google Ears”.

Here’s the Sound Search widget in action:

Hopefully, Google will release Sound Search as a standalone app or integrate it with Google Play Music and the Voice Search app.

June 30th 2012 Android

Twitter Tightens API Rules: LinkedIn Partnership Is First Casualty

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A three-year agreement that allowed tweets to auto-publish to LinkedIn is the first casualty of Twitter’s plans to tighten rules that cover how its API may be used. In a blog post today, Twitter’s Michael Sippey says the company is dialing up enforcement of its API terms with partners…

Please visit Marketing Land for the full article.

June 30th 2012 Twitter

Ad Tech of the Week: Samsung Pop up and Play on Yahoo! India Homepage – Part 2

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Samsung continues its “galactic” adventure across the Subcontinent by pointing the webcam at you and making you the star.

As you read in last week’s “Ad Tech of the Week”, Yahoo! India has teamed up with Samsung to celebrate the landing of the Galaxy S III smartphone. While the first execution introduced the phone, the second ad shines the rich media spotlight on one particular, and spectacular, feature: Best Photo.

To make the Best Photo’s vision a reality, Ad Tech called upon the same quintet of SWF (ShockWave Flash) file formats used in the first ad….with a photogenic twist: Activating your computer’s webcam to take your Best Photo with the virtual Galaxy on your screen.

As before, the Flash-rich 1280×1024 gutters frame the page with the Galactic branding as soon as the user arrives. The Flash-floating 750×325 auto-plays for the eight seconds allowed by Yahoo!’s display ad policies. This unit is rendered transparent to make the phone float. As with the first ad, the auto-float is frequency capped at once per day per user.

If the same user returns to the India homepage the same day, the ad will only launch if the user clicks the JavaScript-enabled 25×100 expand button protruding from the 300×250 pane on the right. This blows the ad up into a 980×1024 pane.

After a quick demo of Best Photo, the ad offers to try this slick new feature on you. When it asks you, go ahead and flick on your webcam and take your best shot. The virtual Galaxy will snap several photos of you, pick the best one, and let you send it. This same unit can also hyperdrive you to the Galaxy S III’s home base.

To tread the perennial fine line between awesome execution and not-so-awesome intrusion, the user can click that close button at the top right of the unit to restore the live content at any time. The rich gutters can also be closed to restore Yahoo! India’s usual facade.

While the Ad Tech team didn’t face any ActionScripted complications like they did with the first execution, the Galaxy’s tonnage did create some latency issues. To speed things up, the team integrated preloaders into all five ad units.

Yahoo! India’s Samsung Galaxy S III campaign is hands down one of the best examples in the digital space of what sets said space apart from the more traditional advertising venues: User engagement and interactivity. It literally inserts the user squarely into the ad to drive home what sets the Galaxy S III apart from the competition. And in doing so, it sets Yahoo! apart as the premier rich media advertising platform.

Click here to snap your Best Photo.

 –Thomas T. Lady

Editor’s Note: This article is part of a new series entitled “Ad Tech of the Week.” For more information visit the Yahoo! Advertising Blog or follow them on FacebookTwitter, and LinkedIn.



June 30th 2012 Uncategorized

Marketing Day: June 29, 2012

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Here’s our daily recap of what happened in online marketing today, as reported on Marketing Land and other places across the web. From Marketing Land: ‘Want’ Button Plugin Discovered In Facebook SDK Users may be able to do more than just ‘like’ something on Facebook in…

Please visit Marketing Land for the full article.

June 30th 2012 Uncategorized

Data At Your Fingertips: Announcing The Google Analytics App For Android

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We are pleased to announce the launch of Google Analytics App for Android phones!

With the Google Analytics App, you can access the same accounts and profiles you see when you open Analytics from a desktop browser, but you’ll see reports that are optimized for your phone. 
Swipe through these reports to see the essential data about your websites and apps anywhere, anytime:
  • Real-Time: See the number of visitors you currently have and a list of the pages (for websites) or screens (for apps) that are currently popular.
  • Dashboard: Monitor the KPIs and user metrics you care about the most. By default, you’ll see your Daily Unique Visitors and your Goal Conversion Rate, but you can customize the dashboard to change which reports, metrics, or segments you see.  
  • Automatic and Customized Alerts: Google Analytics detects statistical anomalies in your data and can send you an alert when something unusual happens. See either automatic alerts, or customize your settings to send alerts based on your own benchmarks. 

Screenshot: The Realtime Report

Screenshot: The Dashboard
Visit Google Play to download and install the app to keep up with your data anytime, anywhere.
Peng Li, on behalf of the GA Mobile App team

June 30th 2012 Mobile