U.S. patent application number 11/040787 was filed with the patent office on 2005-06-30 for digital audio and video playback with performance complement testing.
Invention is credited to Bratton, Timothy Robert.
Application Number | 20050141709 11/040787 |
Document ID | / |
Family ID | 26814744 |
Filed Date | 2005-06-30 |
United States Patent
Application |
20050141709 |
Kind Code |
A1 |
Bratton, Timothy Robert |
June 30, 2005 |
Digital audio and video playback with performance complement
testing
Abstract
System and method for monitoring and modifying a playlist of
viewable audio and/or video selections at one or more selected
times to account for the effects of restrictions on the times, and
number of times, a selection is viewed in an internet-based viewing
system. The system implements, and monitors compliance with, the
performance complement requirements and other copyright
restrictions. A selection can be viewed in association with one or
more selected advertisements, with limited restrictions or no
restrictions on viewing times. Priority advertisements, related to
the date and/or to the time of day and/or to payment amount, are
given preference. A license, paid for to view a selection, may have
unlimited duration or may be limited in time.
Inventors: |
Bratton, Timothy Robert;
(Los Altos, CA) |
Correspondence
Address: |
Steven Stewart
Ste 1000
2601 Elliott Ave
Seattle
WA
98121
US
|
Family ID: |
26814744 |
Appl. No.: |
11/040787 |
Filed: |
January 20, 2005 |
Related U.S. Patent Documents
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Application
Number |
Filing Date |
Patent Number |
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11040787 |
Jan 20, 2005 |
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10335041 |
Dec 30, 2002 |
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10335041 |
Dec 30, 2002 |
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09488047 |
Jan 20, 2000 |
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6611813 |
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60116906 |
Jan 22, 1999 |
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Current U.S.
Class: |
380/201 ;
348/E7.063 |
Current CPC
Class: |
H04N 7/165 20130101;
H04N 21/812 20130101; H04N 21/2543 20130101 |
Class at
Publication: |
380/201 |
International
Class: |
H04N 007/167 |
Claims
1-50. (canceled)
51. A method comprising: determining whether skipping a viewing of
an audio work will result in violating one or more time interval
constraints; and disabling a skip control of a graphical user
interface when skipping the viewing of the audio work will result
in violating one or more time interval constraints.
52. The method of claim 51, wherein the one or more time interval
constraints further comprise: one or more amounts of time selected
to facilitate prevention of a performance complement violation when
viewing audio works of a sequence of audio works.
53. The method of claim 51, wherein the one or more time interval
constraints further comprise: one or more amounts of time selected
to facilitate compliance with performance complement
conditions.
54. The method of claim 53, wherein the one or more performance
complement conditions further comprise: at least one of (1) viewing
more than a number N1 of audio works from the same recording within
a pre-selected time period, (2) viewing more than a number N2 of
consecutive audio works from the same recording within the
pre-selected time period, (3) viewing more than a number N3 of
audio works from the same recording artists or artist group or
anthology within the pre-selected time period, or (4) viewing more
than a number N4 of consecutive audio works from the same recording
artists or artist group or anthology within the pre-selected time
period.
55. The method of claim 51, wherein the audio work further
comprises a selection among a sequence of audio works.
56. A method comprising: determining whether skipping a viewing of
an audio work of a sequence of audio works will result in failure
to comply with a time interval condition associated with the
sequence of audio works; and preventing skipping of the viewing of
the audio work if skipping the viewing of the audio work will
result in failure to comply with the time interval condition.
57. The method of claim 56, wherein the time interval condition
further comprises: an amount of time selected to facilitate
prevention of a performance complement violation when viewing audio
works of the sequence of audio works.
58. The method of claim 56, wherein determining whether skipping
the viewing of an audio work of a sequence of audio works will
result in failure to comply with a time interval condition
associated with the sequence of audio works further comprises:
determining whether a view time of the audio work is required to
maintain compliance with performance complement conditions.
59. The method of claim 56, wherein preventing skipping of the
viewing of the audio work further comprises: disabling a skip
and/or forward control of a graphical user interface.
60. The method of claim 56, wherein the time interval condition
further comprises: an amount of time selected to facilitate
compliance with performance complement conditions.
61. The method of claim 56, wherein the failure to comply with the
time interval condition further comprises exceeding or failing to
exceed a pre-determined amount of time.
62. A machine memory comprising: logic to determine how a view time
of an audio work of a sequence of audio works affects a time
interval condition; and logic to prevent skipping of the view time
of the audio work when skipping of the view time of the audio work
affects the time interval condition in a manner that increases the
likelihood of a performance complement violation.
63. The machine memory of claim 62, wherein the time condition
further comprises: a time interval selected to facilitate
prevention of a performance complement violation when viewing audio
works of the sequence of audio works.
64. The machine memory of claim 62, wherein the time condition
further comprises: a time interval selected to facilitate
compliance with performance complement conditions.
65. The machine memory of claim 62, wherein the logic to determine
how a view time of an audio work of a sequence of audio works
affects a time interval condition further comprises: logic to
determine whether a view time of the audio work is required to
maintain compliance with performance complement conditions.
66. A music rendering system for rendering an audio work using an
electronic device, comprising: a music controller program code
operative to be executed on the electronic device for managing at
least one audio work, the music controller program code operative
when executed to determine whether skipping a viewing time of the
audio work results in exceeding or failing to exceed a time
interval condition related to enforcement of at least one
performance complement condition; and the music controller program
code operative to disable a skip control of a graphical user
interface of the electronic device when skipping the viewing time
of the audio work would exceed the time interval.
67. The system of claim 66, wherein the time interval condition is
selected to facilitate prevention of a performance complement
violation when viewing audio works of a sequence of audio
works.
68. The system of claim 66, wherein the time interval condition is
selected to facilitate compliance with performance complement
conditions.
69. The system of claim 68, wherein the performance complement
conditions further comprises: at least one of (1) viewing more than
a number N1 of audio works from the same recording within a
pre-selected time period, (2) viewing more than a number N2 of
consecutive audio works from the same recording within the
pre-selected time period, (3) viewing more than a number N3 of
audio works from the same recording artists or artist group or
anthology within the pre-selected time period, or (4) viewing more
than a number N4 of consecutive audio works from the same recording
artists or artist group or anthology within the pre-selected time
period.
70. The system of claim 66, wherein the audio work comprises a
selection among a sequence of audio works, wherein the program code
is operative when executed to receive the at least one audio work
in an encrypted format, render the selection and decrypt at least
one audio work to render the selection.
Description
FIELD OF THE INVENTION
[0001] 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
[0002] 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.
[0003] 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.
[0004] 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
[0005] 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.
[0006] 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.
[0007] 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.
[0008] 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.
[0009] 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.
BRIEF DESCRIPTION OF THE DRAWINGS
[0010] FIG. 1 illustrates a playback system to implement the
invention.
[0011] FIG. 2 illustrates a format of information fields used in
practicing the invention.
[0012] FIG. 3 is a flow chart illustrating a procedure for
practicing the invention.
[0013] FIG. 4 illustrates a stack of selection labels, and
associated time stamps, used to monitor compliance with the
Millennium Act.
[0014] FIG. 5 is a flow chart illustrating a procedure for ensuring
compliance with the Millennium Act.
DESCRIPTION OF BEST MODE OF THE INVENTION
[0015] FIG. 1 is a schematic view of an embodiment of a system 100
for practicing the invention. The system 100 includes a CPU 101, a
data communications interface 103 (e.g., a modem or Ethernet card),
a primary memory 105 (e.g., fast access RAM), a user interface 107
(e.g., a CRT or LED display), a pointing device or indicator 109
(e.g., a imouse and key board, or a light pen), a data port 111
(e.g., a serial or parallel port or Universal Serial Bus), a
secondary memory 113 (e.g., a hard disk), a sound device 115 (e.g.,
a sound card, Sound Blaster or audio chip), a system clock or timer
117 and one or more speakers 119a, 119b.
[0016] The user interface 107 includes a graphical user interface
("GUI") 121, a GUI window or display 123 and interface controls 125
that allow the viewer to control playback of the audio or video
selection. The interface controls 125 include a selection play
button 127, a stop button 129, a skip-to-next-selection button 131,
a rewind button 133, a fast forward button 134, a tuner or scan
button 135 and a purchase button 137.
[0017] The secondary memory 113 contains data that are downloaded
from a server 141, associated with a selections warehouse 142 and
operated in association with a communications network 143, such as
the Internet, that is communicated with through the data interface
103. The secondary memory 113 optionally includes a source 151 for
station data, a playlist database 153, an audio database 155, a
video database 157, a selections viewed queue 159, a selection
information database 161, a key database 163, an advertisement
database 165, an advertisement playlist 167, an ads played queue
169, a user ID record 171 and/or a user payment source or "wallet"
173. The user ID record format includes a user ID field that
uniquely identifies the user or viewer to the server 141 and
optionally includes a public-private encryption key field, as
illustrated in FIG. 2.
[0018] The station data source 151 in FIG. 1 contains information
that describes or identifies each playlist in the playlist database
153. This playlist information is optionally displayed in the GUI
window 123 when a specified selection or playlist is being viewed
and is preferably presented to the user including a station name or
station indicia and a short description of one or more selections
in the playlist. Presentation of this information allows a user to
identify a playlist and to refer to the playlist using the common
metaphor of a radio station, if desired. By pressing or otherwise
activating the scan button 135, the user can scan or step through
all or a portion of the playlists included in the playlist database
153.
[0019] The selection information database 161 contains information
that identifies one or more selections, optionally including an
audio/video record field ("avrf") that identifies the source (e.g.,
sound record, sound album, video record) in which the selection
appears, an artist field ("af") that identifies an artist or group
of artists featured in the selection, a title field ("tf") that
identifies the title or name of the selection, as illustrated in
FIG. 2. The selection information database 161 also includes an
audio record set field ("arsf") that indicates if the selection is
part of an audio record that is in turn part of an audio record
set; and if so, an indicium identifying the audio record that is
the source of the selection. For example, in an audio record set
consisting of three audio records, arsf=i (i=1, 2, 3) for all
selections taken from the audio record number i. A selection from a
single audio record that is not part of an audio record set (two or
more records) preferably corresponds to arsf=0. The selection
information database 161 preferably contains a pointer to an
encryption-decryption key in the key database 163 that may be used
to decrypt a selection to be viewed.
[0020] The selection information database format illustrated in
FIG. 2 also contains an RB/NRB field ("sr") that indicates if the
selection is royalty bearing ("sr"=1) or non-royalty bearing
("sr"=0). Where sr=1, an associated field will include information
on the royalty rate, a license duration (optional) and the
recipient of the royalty payment(s). The user may convert a
selection from RB to NRB by pressing or activating the purchase
button 137; this action causes a (positive) monetary amount
contained in the wallet 173 to be decremented by an appropriate
amount, in payment of the specified royalty. If the wallet 173
contains insufficient funds to purchase a license to view an RB
selection, the user is notified of this condition, preferably using
the GUI window 123.
[0021] If payment of the royalty by the user provides a license to
view of unlimited duration, the user may download the (now-NRB)
selection to an NRB selection source, such as an MP3 disk, that can
be viewed as often and for as long as the user wishes. If payment
of the royalty by the user provides a license to view of limited
time duration, a time stamp becomes associated with the selection.
The user may download the selection plus time stamp to an NRB
selection source that can be viewed as often as the user wishes,
until the viewing system reads the time stamp and senses that the
license time interval has run out. Beyond that time point, this
downloaded selection cannot be viewed without making payment or
payment-equivalent for another license to view this selection.
[0022] A user may make payment or payment-equivalent by presenting
actual payment, using the purchase button or wallet 173 (FIG. 1),
or by viewing one or more advertisements. Each ad has a
payment-equivalent amount (e.g., $0.01 to $1.00) associated with
viewing of the ad. Because the payment amount for viewing an ad is
normally not uniform for all ads, the system optionally gives
priority to certain ads over all other ads, based on the payment
amount. For example, the system may give priority to the available
ads with the highest associated payment equivalent amount. The
system may, alternatively, sense the present time and/or date and
may give priority to certain ads associated with that time and/or
date. For example, if the date sensed is early February, the system
may give priority to ads associated with Valentine's Day
activities; and if the time sensed is late afternoon, the system
may give priority to ads directed to evening activities, such as
restaurants and theaters. Further, the system operator may have
agreed to present a given advertisement at least once but no more
than N times (N.gtoreq.1) in a given time interval, such as 24
hours or 7 days; a given ad may be given priority, or have priority
and viewing availability withheld, based on the terms of this
agreement.
[0023] A sound recording "performance complement" is introduced in
the Digital Millennium Copyright Act of 1998 ("Millennium Act"), in
order to limit the number of times a particular selection, artist
or group of artists is viewed within a specified time interval. A
viewing sequence of selections complies with the Millennium Act
performance complement if, over a three-hour time interval: (i) no
more than three selections from the same recording are viewed, (ii)
no more than two consecutive selections from the same recording are
viewed, (iii) no more than four selections from the same recording
artist or artist group or anthology are viewed and (iv) no more
than three consecutive selections from the same recording artist or
artist group or anthology are viewed.
[0024] More generally, a viewing sequence of selections may be said
to comply with a performance complement if, over a specified time
interval of length .DELTA.t(PC): (i) no more than a first specified
number N1 of selections from the same recording are viewed; (ii) no
more than a second specified number N2 of consecutive selections
from the same recording are viewed; (iii) no more than a third
specified number N3 of selections from the same recording artist or
artist group or anthology are viewed; and (iv) no more than a
fourth specified number N4 of consecutive selections from the same
recording artist or artist group or anthology are viewed. An
analogous performance complement may be applied to a sequence of
video selections, such as a sequence of transmissions of television
programs, or to the more familiar sequence of audio selections.
[0025] FIG. 3 is a flow chart of a procedure for practicing the
invention. In step 201, the system checks the present time (and,
optionally, the present date) and determines if a specified ad
should be viewed at this time. If the answer to the query in step
201 is "yes", the system disables one or more user controls in step
203, and determines, in step 205, if the ad to be viewed is a
priority ad. "User control" herein refers to one or more of the
following activities: rewind of a tape or other selection; fast
forward through, or skipping portions of, a tape or other
selection; stopping or pausing during viewing of a selection; and
any similar activity associated with viewing a selection.
[0026] If the answer to the query in step 205 is "yes", the system
causes a priority ad to be viewed, in step 207, and moves to step
211. If the answer to the query in step 205 is "no", the system
moves to step 209 and causes the next ad in a list to be viewed. In
step 211, the system updates the ads-played queue by adding the ad
just viewed to this queue. In step 213, the system (re)enables user
control and recycles to step 201.
[0027] If the answer to the query in step 201 is "no", the system
provides or examines the next selection from a playlist, in step
215. In step 217, the system determines if a performance complement
applies to this next selection. If the answer to the query in step
217 is "no", the system recycles to step 201.
[0028] If the answer to the query in step 217 is "yes", the system
determines if this nest selection is restricted, in step 219. If
the answer to the query in step 219 is "yes", the system disables a
user control (e.g., a selection rewind apparatus), in step 221, and
moves to step 223. If the answer to the query in step 219 is "no",
the system allows viewing of this next selection to begin, in step
223, and senses the end of this selection, in step 225. In step
227, the system (re)enables the user control and recycles to step
201.
[0029] FIG. 4 is a diagram illustrating a structure of a
selections-viewed queue, 300. When a selection is viewed, an
identifying label or indicium for a selection, referred to as
"SID", is created and used as a pointer to relevant information for
that selection (module 109 in FIG. 1). The SID is pushed onto a
stack and is given a time stamp. Each SID and associated time
stamp, for a selection viewed within a specified time interval with
a specified length .DELTA.t(PC), is kept on the stack. A label for
the selection that was viewed most recently, referred to as the
"MRS" label, and its associated time stamp, referred to as
"T.sub.MRS", appear at the top of the stack. Optionally, the MRS
label may include information on (i) the recording from which the
selection is drawn and/or (ii) the artist or artist group featured
in the selection.
[0030] Next in line in the stack queue are the labels 2MRS, 3MRS,
4MRS, etc., which refer to the selections viewed second-most
recently, third-most recently, fourth-most recently, etc., each
with its associated time stamp, T.sub.nMRS (n=2, 3, 4, . . . ). The
system compares the selection information associated with each
label to facilitate compliance with the (often complex)
requirements of the Millennium Act. When a particular selection
with label nMRS satisfies the condition
T.sub.MRS-T.sub.nMRS.gtoreq..DELTA.t(PC),
[0031] that particular selection label is removed from the bottom
of the stack.
[0032] One result of this removal of the label nMRS from the stack
is that the time at which this particular selection was last viewed
is ignored. For example, the time interval length .DELTA.t(PC) may
be taken to be a time interval corresponding to one or more of the
performance complement time intervals (e.g., .DELTA.t(PC)=3 hours),
in order to account for the number of times a given selection is
viewed within the performance complement time interval.
[0033] The system tests each selection to be viewed to verify that
such viewing will not violate the copyright holder's rights
according to the performance complement ("PC"). Before the next
(chosen) selection is viewed, the selection (title), the selection,
the recording of the selection, and the featured artist or artist
group are subjected to four PC tests over a specified PC time
interval: (i) no more than a first specified number N1 of
selections from the same recording are viewed, (ii) no more than a
second specified number N2 of consecutive selections from the same
recording are viewed, (iii) no more than a third specified number
N3 of selections from the same recording artist or artist group or
anthology are viewed and (iv) no more than a fourth specified
number N4 of consecutive selections from the same recording artist
or artist group or anthology are viewed. Presently, N1=3, N2=2,
N3=4 and N4=3, although these numbers may be changed by subsequent
copyright legislation.
[0034] In one embodiment, illustrated in FIG. 5, the audio/video
record field avrf and the audio record set field arsf for the
selection under test are compared to the avrf and arsf fields for
the selections with labels MRS, 2MRS, . . . , K1MRS, in a first
group of tests in steps 301 and 305. If a match occurs in any of
these tests, the chosen selection cannot be viewed and the system
tests the following selection in the playlist, in step 303.
[0035] If no match occurs, the system applies a second test, in
step 307. The avrf field for the chosen selection is compared to
the avrf field for each selection previously viewed during the PC
time interval. If more than K2 matches occur, of the chosen
selection avrf field with a previous selection avrf field, the
chosen selection cannot be viewed at this time, and the tests are
applied to a following selection in the playlist.
[0036] If no more than K2 matches occur, of the chosen selection
avrf field with a previous selection avrf field, a third test is
applied, in step 309. The artist (and artist group) field af for
the chosen selection is compared with the af field for each
selection viewed within the preceding PC time interval. If more
than K3 matches occur in the af field, the chosen selection cannot
be viewed at this time, and the tests are applied to a following
selection in the playlist.
[0037] If no more than three matches occur in the af field, the
system applies a fourth test, in step 311. The title field tf for
the chosen selection is compared to the title field tf of each
selection viewed within the preceding PC time interval. If more
than K4 matches occur, the chosen selection cannot be viewed at
this time, and the tests are applied to a following selection in
the playlist.
[0038] If no matches occur in the title field tf, the system
applies a fifth test, in step 313, and compares the audio record
set field arsf field of the chosen selection with the arsf field
for each selection viewed within the preceding PC time interval. If
more than K5 matches occur in the arsf field, the chosen selection
cannot be viewed at this time, and the tests are applied to a
following selection in the playlist. If no more than K5 matches
occur in the arsf field, the system allows the chosen selection to
be viewed, in step 315.
* * * * *