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Tips for rips: how to work with the new DMCA exemption

By bwalsh on August 11th, 2010

Michael Donaldson, founding partner of Donaldson & Callif, was part of the team that drafted the request to the U.S. Copyright Office which called for an exemption to the Digital Millennium Copyright Act (DMCA) that would allow documentarians some leeway in using materials from encrypted DVDs in their own projects. Here, he provides some advice on how to work within the exemption’s guidelines.

By now, you are all aware that the Copyright Office recently took a huge step in granting a lot of relief to documentary filmmakers. It granted a request from the International Documentary Association for an exemption from the provisions of the DMCA that made it a crime to rip a DVD. In order to qualify for the exemption you must meet all of the criteria set out by the Copyright Office.

The most important thing to remember is that ripping a DVD can’t be your default method of obtaining material. You must have a good faith belief that there isn’t a reasonable alternative to ripping a DVD. Once you have checked to be sure that you need to rip the DVD in order to obtain the material, here are guidelines which will keep you safely within the exemption.

1. The DVD you are copying must be lawfully made and acquired. You can’t rip a pirated DVD under this exemption and you cannot have acquired it illegally.
2. You may only copy “small portions” of material from a DVD. That is the language that the Copyright Office used. However, I am told that many of the programs designed to break the encryption on a DVD will copy the entire DVD or nothing. Other programs, such as DVD Shrink and Fair Use Wizard, will allow you to rip the “small portions” allowed by the exemption, as opposed to the whole DVD.
3. The amount of copying was discussed at length. The Copyright Office asked both sides to submit specific lengths that could be copied. Both sides resisted the invitation. The Copyright Office discussed the matter in a way that suggested that 2 ½ % to almost 4% was a good guideline on the outer limits of the “small portion.” The CO made it clear that extensive use of material from a single source was not permitted.
4. The use must be non-infringing. That translates into copying material in the public domain or copying material that you plan to use pursuant to the doctrine of fair use.
5. You should be in production on your documentary. That is not explicit in the exemption, but it is safer. Development work does not require making copies of the item you want to use. Wait until you are putting your film together.
6. You should not retain a copy of anything from the DVD that you do not use in your film. Again, this is a recommendation based on the totality of the discussion by the Copyright Office which runs 55 pages of the almost 300 pages of discussion concerning all the requested exemptions.

It is important that you be very diligent in complying with the details of the regulation when they take advantage of the exemption as the Copyright Office will be looking at the issue totally fresh at the next round of requests. It is uncertain whether the next round of requests will be heard in two years or three years. Whenever it is heard, the CO looks at each request anew. Renewal is not automatic.

Of course, there are folks out there who have an interest in turning back these decisions. One of the best ways to do that would be to catch various examples of abuse and misuse of the exemption. If you have any doubts about what constitutes fair use, keep your eyes peeled for a seminar or talk on the subject. The IDA is planning one in the fall. The Realscreen Summit, coming up in February, has had fair use sessions in the past, and other organizations will surely weigh in on the subject in assorted forums.

Eyes on the prize: predictions for the reality Emmy nominations

By bwalsh on July 7th, 2010

Andy Dehnart, reality TV critic and writer/publisher of realityblurred.com, offers his take on what should be nominated in the reality categories for this year’s primetime Emmy Awards, and what programs should be left off the list.

While the announcement of the primetime Emmy nominations on Thursday may offer some suspense and drama for producers, broadcasters and fans of scripted TV shows, those in the reality-based programming sphere probably won’t be as lucky.

 

That The Amazing Race has won the outstanding reality competition program Emmy every single year is, to me, absurd, but it’s even worse that the exact same shows have been nominated for the past three years straight in that category: Race, American Idol, Dancing with the Stars, Project Runway, and Top Chef.

 

It’s not that these programs are not deserving. It’s just that there are other series worthy of recognition, especially when shows like Race, Idol and Dancing have had seasons that, in some cases, still get big numbers but aren’t as strong creatively compared to previous seasons. Still, it’s a safe bet these shows will be nominated again, with the possible exception of Runway, which has lost its soul since its move to Lifetime.

 

What could fill its place? So You Think You Can Dance also had a relatively weak year last year, but it deserves recognition, especially as Idol is losing its luster. Two Mark Burnett competitions could also fit in: NBC’s The Celebrity Apprentice, which is consistently the best-produced celebrity reality show, and ABC’s Shark Tank, which was underappreciated but still well-produced and engaging. One dark horse I’d like to see nominated: The Next Food Network Star, which gets better with each season.

 

The newest reality category, that of outstanding host, is likely to mirror its sibling category, reality competitions, and nominate the same people again – though what Heidi Klum is doing there is anyone’s guess (she’s a fantastic judge but barely does any hosting). So You Think You Can Dance’s Cat Deeley deserves that sixth spot, as she manages to infuse her hosting with energy that doesn’t call attention to herself, and she also guides the unseemly eviction process with great empathy.

 

There’s been more variation in the non-competition/outstanding reality program category, but it’s also more frustrating, as last year’s nominee list proved: Dirty Jobs; Antiques Roadshow; Kathy Griffin: My Life on the D-List; Dog Whisperer and MythBusters are all completely different kinds of series. Alas, that’s the consequence of categorization, which also impacts scripted series. While the category is usually populated by cable series, CBS’ hit Undercover Boss could fit in as a response to both its ratings success and relevance in a recession.

 

The two cable series that most deserve nominations – and that should replace tired nominees such as Antiques Roadshow and Dog Whisperer – are A&E’s Hoarders, non-fiction television’s most engaging depiction of mental illness, and Animal Planet’s Whale Wars, which in its second and third seasons proved itself to be the best-produced, most riveting docudrama on TV today.

  

Or perhaps, like so many previous years, the Academy will stick to the familiar, even if that means ignoring the deserving.

 

Andy Dehnart publishes realityblurred.com, and his writing and reporting has appeared on NPR and in The Daily Beast, msnbc.com and elsewhere, and he writes a regular column for Realscreen about reality television trends.

 

 

 

 

 

 

Learning from tragedy

By bwalsh on February 17th, 2010

The call came in on a Friday, late afternoon - can you make a documentary on Haiti in two weeks? The short answer is, of course, always yes, says William Hicklin, SP at Pioneer Productions. But what kind of film could be put together in that time? Here, Hicklin describes the process.

We were already ahead of the game as Pioneer has a long history of producing both fast turn-around docs and geology programs. Within hours we were in touch with all the world’s experts on the fault line; before the end of the first week we had the main interviews in the bag. A huge benefit was the extensive in-house knowledge of almost every piece of earthquake archive that has been shot over the past 100 years. By day two of the project, two cutting rooms were up and running and assembling the archive into a rough structure; by day four we had the first interviews arrive and by day six the U.S. rushes came through.

From the outset we knew that to have a really good film we had to have someone on the ground in Haiti, an expert who could interpret the local geology for us and explain why the devastation had been so immense. We immediately knew the perfect candidate: Roger Bilham, Professor of Geological Sciences [at the University of Colorado at Boulder]. The reality of trying to get Roger and a crew in to Haiti began to sink in; after a call to Channel 4’s news editor, a whole new world opened up to us. Within hours we were hiring ‘close personal security’ (two ex-Foreign Legion armed guards) and procuring MREs (meals ready to eat). So at 6:30am on Wednesday of the first week we were trying to persuade the check-in staff at Gatwick Airport that 20 large bags and a generator really shouldn’t be classed as excess baggage.

The team finally landed in Port au Prince to a scene of absolute devastation. They had to be entirely self-sufficient, down to water, food, fuel, their own tents and a generator - every moment of scrambled preparation in London was worth it. The last thing we wanted to do was detract from the aid effort. Reports we received back from the team really showed the dreadful situation they had to deal with. The smell of death was everywhere; the second day of filming was briefly interrupted by the sound of shots as two policemen were killed in broad daylight less than two blocks away. During these moments, thoughts of what kind of film we were making - and why we were making it - became increasingly important.

There’s clearly an audience that wants to understand why these tragic events happen, but more than that we hope that a powerful film will in some measure get across the message that this was an entirely avoidable tragedy. Geologists highlighted the dangers of a major earthquake in Haiti back in 2008. For the people of Haiti it’s too late to include the low cost improvements that could make buildings earthquake resistant; for the millions who live in cities on active fault zones, it is not. The experts’ warnings still stand for Quito, Manila, Kathmandu and Istanbul.

Pioneer’s Haiti’s Killer Quake: Why did it Happen? aired on Channel 4.

Looking towards the future?

By bwalsh on January 25th, 2010

When it comes to secondary rights, the UK is maintaining a culture of inequality, says the recent Missing Opportunities in Digital Britain report from Compact Media Group. Here, James Sellar, head of media and business development at Compact, explains further.

Secondary rights derived off a primary broadcast for the controlling party are now an established (and growing!) revenue stream. Like any revenue stream it needs to be carefully monitored to exploit to its full potential.

These rights have become one of the cornerstones for many companies to hold assets which they could monetize/capitalize on to expand their organizations. Despite this, the UK still lags behind many territories around the world - and in particular its European neighbors.

The issue of fair recompense for rights owners for the retransmission of Free-To-Air programming on cable and satellite operators is accepted pretty much throughout the EU. These revenues are particularly significant for those companies to help create programming for their domestic market. Compact’s Missing Opportunities in Digital Britain report estimates that €478m has been raised for the producers/distributors between 2002-06 - with the UK contributing exactly zero to the collective pot for rights holders.

It is important to note that UK companies (producers or distributors) do receive revenues from overseas yet the inequality in our own territory needs examination. Growing steadily over the years these monies now represent an important revenue stream for those with domestic and international aspirations.

Whether the industry decides that a similar mechanism to other territories is the way forward is open to debate - it is a particularly complicated issue given our current laws and the status quo. However, our call for an OFCOM review is timely and long overdue.

Similarly, there can be little doubt that the proliferation of PVR (personal video recorders) devices is soon to reach a tipping point within the next three years. The increase in the number of homes that subscribe to SKY+, Virgin cable services or BT Vision or those that have combined DVD Recorders (with hard disc) is well known. Technology firms have helped facilitate the demise of the DVD markets (in terms of revenue) for rights holders, yet their parent companies have flourished in direct contrast to the majority of rights holders over a similar period.

Our report shows that the revenues for “re-use” across 22 territories in Europe equated to €2.6 billion between 2004-08. Whilst the mechanism for the calculations and application varies between territories, the goal of the various collective management for these revenues does not - again with the notable exception of UK… the bête noire of the European community.

With considerable concerns over the economy still prescient - especially for those in the creative industries - the associated rights afforded to IP can provide the necessary protection for owners to weather an economic downturn in terms of decreased budgets and fewer commissions. Is it not time, especially against the backdrop of the Digital Economy Bill, for the UK to examine the wider rights landscape under an oft-promised OFCOM review for the benefit of creators and rights holders before it’s too late?

Compact Media Group is an international independent rights administrator and distributor of royalties.

Working fast and smart for C4’s ‘Dispatches’

By bwalsh on December 7th, 2009

In his own words, Tom Porter, series producer for Ten Alps company Blakeway Productions, details the challenges and benefits of turning around a program for Channel 4’s ‘Dispatches’ strand.

Towards the end of a Wednesday afternoon last month, we got a call from C4’s head of news and current affairs, Dorothy Byrne, asking whether we could turn around a ‘Dispatches’ about breakfast cereals and health claims in five weeks. Of course, we answered - “no problem.” “You must be mad, agreeing to that schedule,” someone from the development team piped up after overhearing the conversation. But five weeks later it was on air and earning the highest audience for ‘Dispatches’ so far this series - peaking at 1.9m.

With a relatively speedy turnaround, the biggest challenge for us, as always, was doing our utmost to make sure the detail of what we said was accurate. From a standing start, our team became experts in sugar and salt levels, EU labeling law and advertising regulations. To do that you need expert help, but the experts we use, both on and off-screen, are not just chosen for their academic prowess; we investigate their backgrounds and any corporate links they might have. Ultimately, links between corporations and certain academics in the field became part of the film’s story.

In ‘Dispatches’ terms, the breakfast film was, in fact, not a “fast turnaround.” Blakeway has made around six of the 40 or so ‘Dispatches’ broadcast in each of the last two years. Our quickest, on the media coverage of the Gaza conflict earlier this year, was made in just ten days. The challenge there was logistical - breaking Jon Snow out of the news studio and getting him and a crew on the ground in Israel within 48 hours of the commission and filming nine interviews in a weekend.

Sometimes it takes much longer to get to air. The film we produced with journalist Stephen Grey about the war in Afghanistan was predicated on access to Britain’s top generals. But it took the MoD six months to let us interview them, during which time the team was in a permanent state of readiness to ‘go.’ If we got the interviews, we needed to get the film on air in a hurry before events overtook us, but without them, there was no film.

These practical challenges come from Channel 4’s central concern about all ‘Dispatches’: can they ‘own’ the subject and bring something totally new to the screen? ‘Dispatches’ is not very often in the business of doing ‘pull togethers’ of news stories and that’s what makes it tough to make but unique. In the world of diminishing budgets and truncated viewer attention-spans, we hope it continues that way, however fast the turnarounds.

Negotiating rights in the multi-platform age

By bwalsh on November 16th, 2009

These days, rights holders are facing some difficult decisions. Normal distribution rules no longer apply in the online space. Reny Montesinos (pictured), executive director of the L.A. office for Compact Media Group, shares his thoughts on handling multiple licenses and contracts in the multi-platform age.

The old model of rights transferred under license was pretty clear cut. With online distribution services you have a large number of ‘broadcasters’ making content available via streaming or as a direct sales outlet. This means increasing costs in terms of multiple digitalization for formats ranging from mobile phones to IPTV. Keeping track of these licenses and sales is fraught with issues, especially as clips are freely available via YouTube and peer to peer networks. The natural cycle from broadcast to sell-through has been shortened considerably.

It’s no wonder many new technology companies complain they are having difficulty securing content while rights holders decide how to monetize it. Some of these concerns can be addressed in the contract:

- It’s key to limit exposure in terms of the length of contract and try to offset the costs of digitalization for any particular format that is not standard.

- Payment cycles, transparency and audit provisions are essential.

- Push for a minimum rate and check there are no hidden exclusivity provisions or the ability for a number of free giveaways or reduced royalty rates unless you are in full agreement.

- The online space provides a gateway to personalized information that traditional monitoring systems have to sample - gaining access to this information may increase traffic to your site.

- Who will be making these deals - the production company, sales agents or distributors? More people in the chain will reduce payments and extend payment cycles.

- Negotiate for key positions on sites/services - research has shown that many online consumers do not go past the first couple of pages of information (especially on mobile applications).

- When doing deals with aggregators, be especially wary. While there are considerable advantages to doing a deal with one company to supply content across markets and service providers, it makes accountability and raising issues with individual companies harder. For key content, it’s worth doing direct deals and driving traffic to key providers to raise revenues.

- Make sure that these deals do not cross over your primary license with the broadcasters. Ambiguous clauses in the primary contract may seem clear in terms of when you can grant secondary licenses to third parties, but in the current age of catch up, multiple transmissions and on-demand (all covered by the primary license) may inhibit licenses across the global medium that is the online space.

Constant Beginnings: On the art of scheduling and the ease of Wikipedia

By bwalsh on October 15th, 2009

In this post, Gilded Lily Productions’ Karen Hoy shares a few thoughts on mindful scheduling and the merits of Wikipedia over “proper” research.

On the Art of Scheduling
There was a useful interview with BBC head of arts commissioning Mark Bell in yesterday’s Guardian media pages. See it here.

Among other things, he discusses the scheduling of BBC2 general arts program The Culture Show, championing its move from late night to 7 p.m. It’s a change that I appreciated as a viewer, so I agree with Mark. I love my arts, but I’m not hardcore enough to always watch it very late, when the melatonin is setting in for the night. The brain needs to switch off by then, even if the telly doesn’t (Hello FX). I was surprised at how much more I enjoyed the same content at 7pm, when the brain is still interested in learning things. Now I’ll even rush home for The Culture Show. Part of the art is the fantastically sculptural dresses and jewelry as worn by other-worldly co-host Lauren Laverne. That makes The Culture Show worth a peek at any time.

And on the ever-present temptation of Wikipedia:

I’ve been doing some background research on a new history idea today. I found a short paragraph in a historical novel, that was so evocative and precise I wondered whether it was a “true” detail. It described a notebook belonging to a young girl, and some lines she wrote in it. ‘Gosh,’ I found myself thinking, ‘wouldn’t it be amazing to come across her actual notes in a museum archive somewhere? That would be such a buzz.’

In continuing my very general reading, it was time to hit Google. The inevitable first link to follow up was Wikipedia. It just sits staring at you in the first page of your first “search” and you’re desperate to do something more original, but of course you click on it, just to get it out of the way, and then get on to “proper” research.

Remember, this is still just general background research, nothing specific at all. And there on the first page, in a window, is a summary of the historical reference, with a photographic portrait of the child, and a facsimile of the notebook. It’s just too easy!

I’m grateful for Wikipedia, really. It hasn’t completely replaced libraries, archives, real books, and direct info from the experts, and never completely will. But it sometimes feels like a bit of a spoilsport… like someone who “helps you” with the crossword when you want to think a bit more for yourself first!

Karen Hoy is Development Producer/Writer at UK-based development house Gilded Lily Productions.

What will time tell?

By bwalsh on September 3rd, 2009


LA-based producer/writer/director Peter Hankoff has worked with footage old and new for myriad projects. But how close to the truth is what ends up on camera, and how far away from that truth can any footage get over time? Here, Hankoff explains in his own words.

I’ve been making non-fiction television for several years. A lot of it deals with World War II, but all of it touches on the conflicts of the human condition. And balancing history and entertainment can be a challenge. “Repurposing” a lot of archival footage, to make my point, has made me appreciate the dangers of separating reality from reality television.

Just because something ends up on camera, how real is it? Does raw footage make something “more” real? Does it create more truth… or more possibility for distorting the truth?

I’ve spent a lot of time both retelling history and looking at the way movies have depicted history as it was happening. When I screen old footage, I’m also cherry-picking from history to show what was once taken for granted and is now part of the past: streetcars, ocean liners, horses on city streets, steam shovels, riveters, etc.

History has given me some perspective, but also a somewhat grim view of the deeds of mankind. Granted, bad news sells a lot better than good news even if it’s old, but the projects I’ve worked on have given me a reputation amongst my friends as an expert on evil.

It’s easy to see the propaganda aspects of old newsreels - especially wartime newsreels - as I’ve done my homework and can understand the historical context from which they are drawn. Watching the “news” in a Nazi “Wochenshau” newsreel is pretty much a no-brainer, but I wonder how what we’ve been making now, whether it’s “reality TV” or more “conventional” documentaries, will one day be held up as the raw data of our time.

Perhaps because of my historical appreciation, I can see that there is a kind of innocence I and others have as Americans - it’s an unspoken assumption that there is plenty and a kind of abundance that underlies the culture and structure of what I’m creating. If the future becomes really grim, maybe my footage will be repurposed because this is an era of green trees or clear air or mountains with snow.

Indeed, as the Internet blossoms, I wonder where all our shots will end up. At some point the copyrights will cease and there could be a glut of content - perhaps a 21st-century nostalgia craze based on what we’re all making now.

When I think of those World War II battlefield crews cranking out the stories of the day, I often wonder, “Did they think their footage would end up in hundreds of uses after the fact?” And how much of their stuff has been reedited to create unintended meanings?

Perhaps I’m inadvertently creating some future view of history by shooting footage today that may be treated in that same light. I can only hope the interview or b-roll I film today isn’t twisted around and made to create the thing I try to expose in a lot of my work: the subjugation of human beings and the oppression of human rights.

A century from now, will historians and filmmakers, or whatever term technology creates for us, sift through all of today’s reality shows and non-fiction TV to explain turn-of-this-century Western life? Will the voyeuristic minutiae of today become the sociologist’s raw data of tomorrow? Will our escapades seem trivial or revealing as today’s Survivors and Idols and Girls Next Door take us through their unscripted dramas an hour at a time?

I shudder to imagine how our lives will be reconstructed and presented. What would Neanderthals think of how we view them? After all, cave paintings were the original reality shows.

Only time will tell.

Peter Hankoff is an award-winning director, producer and writer who has served on the production of various projects with Creative Differences, including Gun Camera (Military Channel), Battle for Iwo Jima (National Geographic), Unsolved History (The Discovery Channel) and most recently, Nazi Masters of Death: The Hidden Holocaust. For more information, go to peterhankoff.com.

Constant beginnings: Why development people don’t like to shower

By bwalsh on August 25th, 2009

We at Realscreen would like to welcome Karen Hoy, development writer/producer at UK-based development house Gilded Lily Productions, as one of our guest bloggers. In this, the first post in her series of blogs that she’s dubbed Constant Beginnings, Hoy discusses one of her favorite (and hygienically sound) tools for stimulating the development process. Look for Karen’s blog to be featured in realscreen.com’s Real Insights from hereon in.

The problem with open plan offices is that when staring out of the window, or sitting back with your arms crossed, people might think you’re not working. After three seconds of such activity (I timed it) it’s impossible not to feel self-conscious, even though the most productive development time (outside of brainstorming meetings with colleagues) is being alone with your brain.

In fact, I don’t believe a computer, or even a chair, has much to offer these potentially fruitful sessions. Keyboard time, I believe, is for writing up ideas, not for leading them.

The truth is, there is no better place than the bath – as any development person who ever takes one has surely realized – for some quality time with the gray matter.

The potential of the bath-time environment is so specifically fertile, I’ve found it’s even possible to get in with a pre-ordained question, and make progress with it, where dryer surroundings have failed. Apart from the obvious, “What’s the next big idea?”, here are some suitable conundrums:

- How can I balance this narrative better?

- Which of our characters has most potential to take the lead and why?

- Do we have a USP here?

- What’s missing that would identify this idea as a format?

- Is this program best presenter-less, or presenter-led?

Then there’s the ultimate:

- In what direction does this idea need to go, to make it commissionable?

Obviously, it’s not practical to have a bathtub in development departments, although I honestly think the benefits might outweigh the weirdness! But why not have a development sofa as the next best thing, seeing that part of the point of the bath is blood flow to the brain? It is – I have been told – why psychiatrists have couches. Apparently we think better lying down.

But that warm enveloping water does something real too. Whenever time or convenience does lure me into the shower, there’s always a short pang of professional regret. I’ll never completely know what might’ve been.

Karen Hoy is Development Producer/Writer at development house Gilded Lily Productions.

Can the “second screen” rescue broadcast?

By bwalsh on May 13th, 2009

Tom McDonnell, co-founder of UK digital production shop Monterosa, says it doesn’t have to be a question of digital vs broadcast. They’re actually supposed to work together.

In Britain, iPlayer, Sky+ and Spotify have all gone mainstream, and in the US, Hulu’s revenues are putting pressure on YouTube owners Google. As the quality and convenience of these services increases it can be hard to see a future for broadcasting. There are many different projections about the speed of video-on-demand take-up and the growth of personal video recorders, but it is clear where we’re headed.

However, watching or listening to something at the same time as everyone else in the country or in your interest group is still compelling. For many in the UK, 9 p.m. on a Wednesday night is time to wince at The Apprentice, Saturday is a time for Talk Sport, and 10 p.m. is a chance to watch the news. Broadcast definitely has a future, but does that future include programming that isn’t time-relevant?

Along with a growing crowd, I only watch factual shows like Panorama online, and usually when someone tells me about it - probably a friend who watched it on TV. But when that friend becomes an iPlayer addict like me, how will I find out about it? iPlayer has a limited amount of space on its front page, so my potential exposure is reduced.

This effect has the potential to spiral to a stage where some of the best programming finds it very difficult to find an audience.

There is hope. Personalisation and social recommendation both have critical roles to play, but I see the most exciting opportunity within the rise of concurrent ’second screen’ behaviour. According to the IAB’s ‘08 Thinkbox report TV & Online: Better Together, almost half of digital households watch TV and go online at the same time on a daily basis.

Ironically, as more people consume media on-demand, the same people are using live realtime communication more than ever. Facebook has brought instant messaging to people who didn’t know what it was, smart phones enable people to use email as IM, and Twitter has brought realtime ‘broadcast’ messaging to the masses. The appetite for gaming, from consoles to iPhones and casual online, is bigger than ever before.

By combining people’s growing love for realtime social communication, gaming and concurrent couch-activity, the broadcast industry has a vast opportunity. The era of DVD-extra style television websites has passed and broadcasters need to shift focus. This isn’t just a chance to keep people watching or listening, it creates a new revenue stream in targeted, synchronised advertising. If lastminute.com’s latest offer appears on both screens, it means one less click before that hotel booking. Fewer clicks equal higher conversions.

Realtime social engagement can be built into all genres from factual and drama to films. At Monterosa I’ve been involved in several projects around the ’second screen’. The most recent of these is The Apprentice Predictor. It allows people to play along with the show every Wednesday night in realtime, guessing who they think will get fired whilst watching live graphs above each candidate. The longer you hold onto the candidate, the more points you win at the end if you get it right. It’s reasonably simple to play and only scratches the surface of what’s possible. Re-playing after the show, playing with friends using Facebook Connect and adding an ongoing competition are the obvious next-steps.

MySpace, YouTube, Facebook and Twitter have all taught us how quickly online behaviour can change. In broadcasting, a tipping point is approaching, and 2009 presents a huge but fleeting opportunity to add an exciting new dimension to the medium. The question is, will the commercial broadcasters who need this the most have the wherewithal to respond before it’s too late?