U.S. patent application number 10/547171 was filed with the patent office on 2006-12-28 for content regulation.
Invention is credited to Shawn Fanning.
Application Number | 20060294371 10/547171 |
Document ID | / |
Family ID | 32927600 |
Filed Date | 2006-12-28 |
United States Patent
Application |
20060294371 |
Kind Code |
A1 |
Fanning; Shawn |
December 28, 2006 |
Content Regulation
Abstract
A method and apparatus for regulating content is provided. In
one embodiment, the invention is a method. The method includes
interfacing with a content outlet. The method further includes
comparing attributes of content to be downloaded with attributes of
content in a media database. The method also includes providing
restrictions based on a result of the comparing. The method may
further include monetizing the method. Additionally, the method may
include distributing royalty payments to rights-holders of
content.
Inventors: |
Fanning; Shawn; (San
Francisco, CA) |
Correspondence
Address: |
Zilka-Kotab, PC
P.O. BOX 721120
SAN JOSE
CA
95172-1120
US
|
Family ID: |
32927600 |
Appl. No.: |
10/547171 |
Filed: |
February 24, 2004 |
PCT Filed: |
February 24, 2004 |
PCT NO: |
PCT/US04/05517 |
371 Date: |
June 20, 2006 |
Related U.S. Patent Documents
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Application
Number |
Filing Date |
Patent Number |
|
|
60450015 |
Feb 25, 2003 |
|
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Current U.S.
Class: |
713/165 |
Current CPC
Class: |
G06F 2221/2135 20130101;
G06F 2221/2137 20130101; G06Q 30/06 20130101; G06Q 20/123 20130101;
G06F 21/10 20130101 |
Class at
Publication: |
713/165 |
International
Class: |
H04L 9/00 20060101
H04L009/00 |
Claims
1.-91. (canceled)
92. A method, comprising: interfacing with a content outlet;
comparing attributes of content to be downloaded with attributes of
content in a media database; and providing restrictions based on a
result of the comparing.
93. The method of claim 92, further comprising: distributing
royalty payments to rights-holders of content.
94. The method of claim 92, further comprising: interfacing with a
first media controller.
95. The method of claim 94, further comprising: receiving
identification data related to content from the first media
controller.
96. The method of claim 95, further comprising: receiving
identification data related to content from a second media
controller.
97. The method of claim 96, further comprising: resolving
conflicting data from the first media controller and the second
media controller.
98. The method of claim 92, wherein: comparing involves comparing
digital fingerprints of the content to be downloaded and content of
the media database.
99. The method of claim 92, wherein: comparing involves comparing
identification attributes of the content to be downloaded and
content of the media database.
100. The method of claim 92, wherein: interfacing with the content
outlet involves using a plug-in incorporated by the content outlet;
and receiving requests from the plug-in.
101. The method of claim 92, wherein: interfacing with the content
outlet involves receiving requests directly from the content
outlet.
102. The method of claim 92, wherein: the content is an audio work
represented in digital form.
103. The method of claim 92, wherein: the content is a video work
represented in digital form.
Description
FIELD OF THE INVENTION
[0001] The present application generally relates to the field of
regulating access to content. The present application relates more
specifically to regulating downloading and other machine
reproduction of content based on rights of owners of content.
BACKGROUND
[0002] Bootlegging, surreptitious copying and other methods of
acquiring content without compensating a rights-holder for content
is an old problem. From the advent of movable type (and relatively
easy printing) through the introduction of photocopying, technology
has made copying and effectively stealing content easier and
easier. The march of technology has recently caught audio and video
content in its wake, particularly with the rise of the
Internet.
[0003] However, this latest technology is based on digital
representations of content, which can also incorporate various
forms of copy protection and can allow for monitoring of
transactions. Peer-to-peer and centralized content outlets
presently exist. Exemplary of peer-to-peer content outlets are
Gnutella.TM. and Kazaa.TM.. Exemplary of centralized content
outlets are iTunes.TM., audible.com.TM. and the defunct
Napster.TM.. Such content outlets provide access to a repository of
content available typically as individual tracks of either audio
(songs for example) or audiovisual/visual (movies for example)
works. Presently, most content outlets may also be categorized as
either authorized or unauthorized, with authorized content outlets
providing content under a license from rights-holders and
unauthorized content outlets providing unlicensed content. While
some content may not require a license, most content of interest to
consumers exists under restrictions of copyright held by authors
and performers or their assignees. Many of the rights-holders are
assignees of performers. Examples of rights-holders include media
controllers such as studios, record labels and media companies,
along with individual authors or performers. With current download
technology and methodologies, many of the copies of content made in
the downloading process are not licensed, and the rights-holders
are not compensated for these copies. Thus, it may be useful to
provide a way of compensating rights-holders for these copies. Some
rights-holders have lost records of what content they hold rights
to. Thus, it may be useful to provide a way for rights-holders to
claim content, and to resolve disputes between multiple claimants
to individual content. Similarly, some rights-holders have rights
to vast amounts of content whereas other rights-holders may be
concerned with small amounts of content. It may be useful to
provide a single point of access for content outlets to determine
what is owed for content, rather than a myriad number of
rights-holders to contact.
SUMMARY
[0004] The present invention is described and illustrated in
conjunction with systems, apparatuses and methods of varying scope.
In addition to the aspects of the present invention described in
this summary, further aspects of the invention will become apparent
by reference to the drawings and by reading the detailed
description that follows.
[0005] A method and apparatus for regulating content is provided.
In one embodiment, the invention is a method. The method includes
interfacing with a content outlet. The method further includes
comparing attributes of content to be downloaded with attributes of
content in a media database. The method also includes providing
restrictions based on a result of the comparing. The method may
further include monetizing the method. Additionally, the method may
include distributing royalty payments to rights-holders of
content.
[0006] In an alternate embodiment, the invention is a system. The
system includes a database of content. The system also includes a
rights-holder interface. The system further includes a content
outlet interface. The system may further include a crawler. The
system may also further include a financial interface.
[0007] In another alternate embodiment, the invention is a method.
The method includes receiving a song selection. The method also
includes comparing the song selection to records of a database of
songs. The method further includes indicating results of the
comparing. The method may also include monetizing the method. The
method may further include providing restrictions to the song. The
method may also include indicating the song is unclaimed. The
method may further include prohibiting copying of the song.
[0008] In yet another alternate embodiment, the invention is an
apparatus. The apparatus includes means for tracking content. The
apparatus also includes means for interfacing between content users
and the means for tracking content. The apparatus further includes
means for interfacing between content rights-holders and the means
for tracking content.
[0009] In yet another alternate embodiment, the invention is a
method. The method includes receiving a song claim. The method also
includes comparing the song claim to records of a database of
songs. The method further includes indicating results of the
comparing. The method may further include indicating a dispute
exists. The method may also include resolving the dispute. The
method may further include forwarding royalties.
[0010] In still another embodiment, the invention is a method. The
method includes crawling a network with an intelligent agent to
find content. The method further includes evaluating the content.
The method also includes transmitting a digital fingerprint of the
content to a database of content. The method further includes
storing the digital fingerprint of the content in the database of
the content.
[0011] Embodiments of the invention presented are exemplary and
illustrative in nature, rather than restrictive. The scope of the
invention is determined by the appended claims.
BRIEF DESCRIPTION OF THE DRAWINGS
[0012] Embodiments of the invention are illustrated in the figures.
However, the embodiments and figures are illustrative rather than
limiting, they provide examples of the invention.
[0013] FIG. 1 illustrates an embodiment of a system for controlling
access to content.
[0014] FIG. 2A illustrates an embodiment of a method of determining
rights-holders of content.
[0015] FIG. 2B illustrates an embodiment of a method of providing
content.
[0016] FIG. 3 illustrates an embodiment of a system for providing
content.
[0017] FIG. 4 illustrates an embodiment of a system for determining
rights-holders of content.
[0018] FIG. 5 illustrates an embodiment of a record of content in a
database.
[0019] FIG. 6 illustrates an embodiment of a medium (or media)
which may in turn embody instructions which, when executed by a
processor, may cause the processor to perform a method.
[0020] FIG. 7 shows embodiments of several computer systems that
are coupled together through a network.
[0021] FIG. 8 shows one embodiment of a conventional computer
system that can be used as a client computer system or a server
computer system or as a web server system.
[0022] FIG. 9 illustrates an alternate embodiment of a system for
controlling access to content.
DETAILED DESCRIPTION
[0023] The present invention is described and illustrated in
conjunction with systems, apparatuses and methods of varying scope.
In addition to the aspects of the present invention described in
this summary, further aspects of the invention will become apparent
by reference to the drawings and by reading the detailed
description that follows.
[0024] A method and apparatus for regulating content is provided.
In one embodiment, the invention is a method. The method includes
interfacing with a content outlet. The method further includes
comparing attributes of content to be downloaded with attributes of
content in a media database. The method also includes providing
restrictions based on a result of the comparing. The method may
further include monetizing the method. Additionally, the method may
include distributing royalty payments to rights-holders of
content.
[0025] In an alternate embodiment, the invention is a system. The
system includes a database of content. The system also includes a
rights-holder interface. The system further includes a content
outlet interface. The system may further include a crawler. The
system may also further include a financial interface.
[0026] In another alternate embodiment, the invention is a method.
The method includes receiving a song selection. The method also
includes comparing the song selection to records of a database of
songs. The method further includes indicating results of the
comparing. The method may also include monetizing the method. The
method may further include providing restrictions to the song. The
method may also include indicating the song is unclaimed. The
method may further include prohibiting copying of the song.
[0027] In yet another alternate embodiment, the invention is an
apparatus. The apparatus includes means for tracking content. The
apparatus also includes means for interfacing between content users
and the means for tracking content. The apparatus further includes
means for interfacing between content rights-holders and the means
for tracking content.
[0028] In yet another alternate embodiment, the invention is a
method. The method includes receiving a song claim. The method also
includes comparing the song claim to records of a database of
songs. The method further includes indicating results of the
comparing. The method may further include indicating a dispute
exists. The method may also include resolving the dispute. The
method may further include forwarding royalties.
[0029] In still another embodiment, the invention is a method. The
method includes crawling a network with an intelligent agent to
find content. The method further includes evaluating the content.
The method also includes transmitting a digital fingerprint of the
content to a database of content. The method further includes
storing the digital fingerprint of the content in the database of
the content.
[0030] Note, preferably, the system operates in real-time or near
real-time. For example, a query may be sent by a content outlet to
a database, with a response from the database delivered with
minimal delay based on results of the query. This may be achieved
in part based on local caching of responses at the content outlet
system. This may also be achieved through use of known database
technology.
[0031] The apparatus and methods may be understood by reference to
an embodiment of a system. FIG. 1 illustrates an embodiment of a
system for controlling access to content. The system may be used to
determine who holds rights to content, identify content to be
downloaded, and restrict access to content based on preferences of
the rights-holder(s). Moreover, this may allow for monetization of
this process. System 100 includes a database 140, content outlets
110, 120 and 130, a claim interface 150, rights-holders 160, 170
and 180, and a crawler 190.
[0032] Database 140 includes attributes related to content. For
example, a piece or item of content may have attributes for title,
author, performer, rights-holders, size/length, type of content,
digital fingerprint, rights restrictions, and other attributes.
Moreover, a piece of content may have an authorized copy of the
content, and the authorized copy may incorporate digital rights
management or other restrictive parameters used to implement rights
restrictions specified by rights-holders.
[0033] Traditional retailers 110 are content outlets which operate
using licensed content and provide compensation to rights-holders.
Unauthorized peer-to-peer networks 120 are content outlets which
provide content regardless of licensing status and without
attempting to compensate rights-holders. Authorized peer-to-peer
networks 130 are downloading networks using peer-to-peer technology
which use licensed content and provide compensation to
rights-holders. Note that not all of content outlets 110, 120 and
130 all exist (are in business or organized as a network for
example) at one time. When a content outlet (110, 120 or 130) is
ready to provide a song or other content for download, it may query
database 140 and determine restrictions on the content. If the
content in question is identifiable in comparison to content for
which attributes are stored in the database 140, then other
attributes of the content will provide information about
restrictions on the content (such as limited copying, play-only
versions, limited-use versions for example). These restrictions may
then be embedded with the content which is provided for download by
the content outlet. Alternatively, an authorized copy of content
may be provided, thereby embedding desired restrictions and
preserving quality at a certain level.
[0034] Determining the restrictions on content requires determining
who owns or has rights to the content (the rights-holders). Claim
interface 150 allows for access to the database 140 by
rights-holders. Rights-holders 160, 170 and 180 may all use claim
interface 150 to assert ownership or other rights in content.
Preferably, rights-holders provide content which they have rights
in, and that content may then be evaluated to determine attributes
such as title, type of content, and digital fingerprint.
Alternatively, content may be discovered on the Internet or other
networks, and rights-holders may then use the claim interface to
assert rights in the work embodied in the content so discovered.
For example, the crawler 190 may be implemented to traverse links
on the World Wide Web and thereby discover content, which may then
be evaluated by rights-holders to determine whether anyone has a
claim to ownership of the content.
[0035] Note, in some embodiments, claim interface 150 is an API, or
application programming interface for example. The claim interface
150 may operate in a variety of ways. For example, it may be a
graphical user interface, allowing for entry of information about
content, such as attributes including author, title, performer, for
example. This information may be used to query database 140 to
determine if such content is known to the database 140, or it may
be used to enter these attributes into the database 140.
Alternatively, the claim interface 150 may be implemented for some
form of bulk or batch data entry, whereby a stream or file of data
is provided to the claim interface related to numerous separate or
related pieces of content, either for query purposes or for data
entry purposes for example. Moreover, the claim interface 150 may
allow for entry of actual content into the database 140. Whether
actual content or a digital fingerprint of the content (or both) is
stored, querying the database 140 based on content may occur by
comparing digital fingerprints.
[0036] On occasion, rights-holders may assert multiple conflicting
claims to content. Not all multiple claims will conflict. For
example, authorship and performance of a song may both provide
copyright rights for a separate author and performer, without an
outright conflict. That the two rights-holders disagree about how
to handle content is not the same as a conflict where two entities
purport to be the owner of an authorship copyright on a song. When
the same rights are asserted by multiple parties, some form of
conflict resolution may be necessary. Royalties may be held in
trust, or the song (or other content) may be restricted from any
copying. Alternatively, ownership conflicts may be initially
decided based on a reputation rating maintained by the claim
interface, with high reputation rankings assigned to reputable
companies or companies having previously proven content ownership,
and low rankings assigned to those having asserted false claims or
with little prior experience. Preferably, an appeal process may be
implemented to allow for human intervention after a determination
based on reputation rankings occurs. For example, a reputable label
may assert claims to its catalog as it stood on a particular date.
Another small label may assert claims to a set of songs within this
catalog. The reputations may be such that the reputable label wins.
However, the small label may be able to show an assignment of
rights to a human and thus prove its claims. Alternatively, the
small label may be acting improperly, and thus correctly have its
claims rejected.
[0037] Various methods may be used to determine who is legitimately
a rights-holder to content. FIG. 2A illustrates an embodiment of a
method of determining rights-holders of content. The method may be
implemented in conjunction with a system such as that described
with respect to FIG. 1, or with alternative systems for example.
The method includes identifying media, receiving claims to the
media, resolving disputed claims, and registering the
rights-holder. At module 210, the media or content is identified.
This may occur as a result of content submitted for identification
by a content outlet, content submitted as part of a claim by a
rights-holder, or content discovered by a software process or agent
which crawls a network.
[0038] At module 220, claims to the content are asserted. Note that
these modules may interact in a fashion other than linearly, such
that claims may be asserted well after content is identified, and
even after a rights-holder has been identified. With a claim
asserted, information about the content will also be supplied, such
as author, performer, title, digital fingerprint of content, even
an authorized copy of content.
[0039] If multiple claims are asserted, at module 230 disputes
between claims are resolved. As mentioned with respect to FIG. 1,
this may involve reputation based resolution, or may involve only
human intervention. At module 240, rights-holder(s) to the content
are registered, along with their requirements of restrictions on
copying the content. At this point, access to the content may be
controlled based on rights asserted by the rights-holders, and
royalties on the content may be distributed to the rights-holders
as copying occurs. Moreover, changes in rights to content may be
tracked, allowing for assignments or expirations of copyrights
(should that ever be allowed). Note that not all of these modules
may be required for a working method, as a useful method may be
implemented using some subset of the modules described. Also, note
that monetization of this method may occur, such as through a fee
for asserting claims or resolving disputes, or through some form of
subscription or periodic fee for example. Whether the
rights-holders to content are clear or not, some content may be
provided by various methods. FIG. 2B illustrates an embodiment of a
method of providing content. The method may be implemented in
conjunction with a system such as that described with respect to
FIG. 1, or with alternative systems for example. The method
includes receiving a request for media or content, comparing media
to contents of a database, providing restrictions to the media,
collecting royalties, and forwarding royalties. Note that not all
of these modules may be required for a working method, as a useful
method may be implemented using some subset of the modules
described. At module 250, a request for media or content is
received. This request may come from a content outlet for example,
which is attempting to satisfy requirements imposed by copyright
law. At module 260, the media or content is compared to records in
a database to determine what the content is. Preferably, a digital
fingerprint or similar technology is used to identify the content,
such that digital fingerprints may be compared. Alternatively,
attributes such as title, author, and/or performer for example may
be compared. Moreover, content may be compared bodily, such that
two digital files representing songs may be compared on a bitwise
level for example. When a hit or a match is found, the database may
have information about copyright restrictions and rights-holders
who are due royalties.
[0040] At module 270, any available restrictions are provided. This
may be as simple as providing a message or set of parameters, with
the parameters embedded or otherwise including as digital rights
management restrictions. Alternatively, this may involve providing
an authorized copy with embedded restrictions. As another
alternative, a rights-holder may prohibit copying, such that the
content outlet must not perform the download.
[0041] At module 280, royalties are collected. This may occur in
the form of a payment from the content outlet to the operator of
the database, with records of the database used to account for such
payments. Note that rather than processing a micropayment for each
song or other piece of content, periodic payments of many
individual royalties may be made (such as monthly payments for
example). Moreover, at module 290, royalties are forwarded to
rights-holders. This may again involve a periodic payment based on
multiple individual micropayments. Additionally, royalties may be
forwarded after deduction of a fee for handling the royalties,
either as a percentage or as some form of fixed fee. Likewise,
payments may be required for each request for media, each
successful request (a match is found), or each request resulting in
a download for example. Other options for monetization may also be
employed, such as a subscription model for example.
[0042] In various embodiments of methods of providing content,
various systems may be used. FIG. 3 illustrates an embodiment of a
system for providing content. The system may allow for interaction
between content outlets (retailers) and a database of content to
determine restrictions on content and collect royalties. System 300
includes a database 340, plug-in interface 345, retail interface
325, plugin 335, and may be used in conjunction with retailers 310
and 315. The system illustrated may be part of a larger system--the
portion illustrated is useful for working with content outlets.
[0043] Database 340 is a database of content, attributes related to
content, or both. It may be accessed through plugin interface 345
or through retail interface 325. Retailer 315 is a content outlet
which accesses database 340 through retail interface 325. Retailer
315 may allow for download of music through its system for example,
and may query database 340 to determine the status of songs to be
downloaded. The query may be sent with attributes of the
songs/content or with the actual songs/content. The return
information from database 340 may include an indication the content
has not been claimed, restrictions on the content, an authorized
copy of the content, or an indication of prohibition of copying
content. As illustrated, retailer 315 must handle these signals and
properly format its queries for use with interface 325, but
otherwise directly queries database 340.
[0044] Alternatively, retailer 310 may be a content outlet which
integrates into its software plugin 335. Plugin 335 may be a local
interface module which works with software used by retailer 310 in
either a previously specified or a customized manner. Retailer 310
may query plugin 335 about availability of content (such as a song)
for download. Plugin 335 may then pass the query to plugin
interface 345, which may then properly query database 340 about the
content in question. The response from database 340 may then be
interpreted or reformatted by plugin interface 345 and plugin 335
such that retailer 310 may use the response in its processing.
Generally, the response would be the same as that provided to
retailer 315 in the above description. Note that plugin 335 may
perform relatively simple activities such as reformatting data, or
more complex activities, such as determining a digital fingerprint
for content provided by retail outlet 310.
[0045] Just as various methods of providing content may use various
systems, various methods of determining rights-holders may use
various systems. FIG. 4 illustrates an embodiment of a system for
determining rights-holders of content. The system illustrated may
be part of a larger system--the portion illustrated is useful for
working with rights-holders. The system may allow for interaction
between rights-holders and a content database to register
rights-holders and resolve disputes. The system 450 includes a
database 440, bulk claim interface 455, claim interface 465, and is
designed to work with rights-holders 475 and 485 (among
others).
[0046] Database 440 is a content database, such as database 140 of
FIG. 1. Database 440 may include content, attributes of content, or
both. Bulk claim interface 455 is an interface that allows for
submission of multiple or numerous claims (such as submission of
claims for performance copyright to a set of songs and the
associated collections of those songs for example). Bulk claim
interface 455 may be restricted to access by rights-holders known
to submit multiple claims, or may be provided for any rights-holder
willing to use a stream of information rather than a user
interface. As an example, rights-holder 475 may assert claims to
all songs in a catalog it has just purchased from another
rights-holder by providing a file with information about all of the
content in the catalog in question.
[0047] Alternatively, for assertions of rights to only a few songs
or pieces of content, claim interface 465 may be used. Claim
interface 465 may be a graphical user interface or other
human-interactive interface which an employee of a rights-holder to
an individual rights-holder may use. For example, rights-holder 485
may assert authorship copyright to his or her set of published
songs (which may be a small number for many authors) using claim
interface 465. One may expect that claim interface 465 would allow
for entry of all available attributes, along with submission of a
digital fingerprint or authorized copy of content.
[0048] For each interface (455, 465), results may come in the form
of registration of the rights-holder, indication of a conflict
(with or without resolution), indication of a match between the
content registered and previously entered content (such as found by
a crawler or requested by a content outlet), or some other result.
In the case of the bulk claim interface 455, these results may be
provided as a file or stream of results sent to the rights-holder
475, or as information available for access by the rights-holder
475 at convenience of the user. In the case of claim interface 465,
these results may be provided graphically or in another manner
intelligible to a user, or may be available for lookup after
periodic processing/updates of the database occur. Note that
operations of this system may be monetized, such that
rights-holders may pay to register claims, to receive royalties, or
for some other form of service. Payment of royalties, such as due
to registration of a rights-holder for an item of content, are not
illustrated in the figure, but may be understood as to occur either
electronically or by means of mailing of checks to rights-holders
for example.
[0049] To track information related to content and rights-holders,
various data structures may be used. FIG. 5 illustrates an
embodiment of a record of content in a database. The record 510, in
one embodiment, is organized into a set of attributes 515, which
may be stored as name-value pairs (or code-value pairs). Note that
none of the attributes 515 are necessarily mandatory. Attributes
illustrated include title 520 (title of a song for example), author
530 (author/composer of a song for example), performer 540
(performer of a song for example), fingerprint 550 (digital
fingerprint of a song in digital format for example), length 560
(playing time of a song for example), authorized copy 570 (copy to
be provided when content is requested for example), rights-holder
580 (first rights-holder associated with content for example), and
rights-holder 590 (second rights-holder associated with content for
example).
[0050] Note that each of these attributes may also apply to a
movie, comedic performance, document (maybe not the performer 540
in that case) or other form of content. Also, note that other
attributes may be stored, such as restrictions for DRM purposes or
prohibitions on copies for example. Similarly, other formats or
relationships for the data in question may be utilized, such as
formats dictated by metadata in a database for example. Thus, the
data structure or record of FIG. 5 is illustrative rather than
restrictive in nature.
[0051] Data structures of various types may be used with programs,
which are typically embodied in media or a medium. FIG. 6
illustrates an embodiment of a medium (or media) which may in turn
embody instructions which, when executed by a processor, may cause
the processor to perform a method. A medium may be a single piece
of media or a collection of media, without materially changing the
medium. In the embodiment illustrated, the medium includes a
control module, claim interfaces (for rights-holders), outlet
interfaces, and a database interface. More specifically, medium 600
includes a control module 610, bulk claim interface 620, individual
claim interface 630, database interface 640, plugin interface 650,
and retailer interface 660.
[0052] Bulk claim interface 620 and individual claim interface 630
are modules which implement the claim interface for rights-holders.
Rights-holders with large numbers of claims to content or a steady
stream of claims to content may use bulk claim interface 620 to
provide claim information. Rights-holders with few claims or
infrequent claims may use individual claim interface 630.
Similarly, plugin interface 650 and retailer interface 660 are
modules which implement the interface with content outlets. Content
outlets may include a plugin, and thereby use plugin interface 650,
or not include a plugin, and communicate directly with retailer
interface 660.
[0053] Database interface 640 interfaces with a database of content
and rights-holder information. Control module 610 controls each of
the other modules. Thus, control module 610 may process a request
from a retailer through plugin interface 650 or retailer interface
660 by causing database interface 640 to search for content within
an associated database. Upon finding a match, information from
database interface 640 may be directed back to either plugin
interface 650 or retailer interface 660 and thereby to the content
outlet originally submitting the request.
[0054] Similarly, control module 610 may receive a claim either
through bulk claim interface 620 or individual claim interface 630,
and direct that information through database interface 640 to the
associated database. Control module 610 may manage resolution of
conflicting claims based on feedback from database interface 640.
Moreover, control module may send information about royalty rates
and download frequency through claim interfaces 620 and 630 to
rights-holders, along with electronic payments of royalties. Note
that control 610 may also direct a crawler interface (not shown)
which may be used to receive information about content and populate
a database through database interface 640. Such a medium may be
used in conjunction with various computer or machine
embodiments.
[0055] The following description of FIGS. 7-8 is intended to
provide an overview of computer hardware and other operating
components suitable for performing the methods of the invention
described above, but is not intended to limit the applicable
environments. Similarly, the computer hardware and other operating
components may be suitable as part of the apparatuses of the
invention described above. The invention can be practiced with
other computer system configurations, including hand-held devices,
multiprocessor systems, microprocessor-based or programmable
consumer electronics, network PCs, minicomputers, mainframe
computers, and the like. The invention can also be practiced in
distributed computing environments where tasks are performed by
remote processing devices that are linked through a communications
network.
[0056] FIG. 7 shows several computer systems that are coupled
together through a network 705, such as the Internet. The term
"Internet" as used herein refers to a network of networks which
uses certain protocols, such as the TCP/IP protocol, and possibly
other protocols such as the hypertext transfer protocol (HTTP) for
hypertext markup language (HTML) documents that make up the World
Wide Web (web). The physical connections of the Internet and the
protocols and communication procedures of the Internet are well
known to those of skill in the art.
[0057] Access to the Internet 705 is typically provided by Internet
service providers (ISP), such as the ISPs 710 and 715. Users on
client systems, such as client computer systems 730, 740, 750, and
760 obtain access to the Internet through the Internet service
providers, such as ISPs 710 and 715. Access to the Internet allows
users of the client computer systems to exchange information,
receive and send e-mails, and view documents, such as documents
which have been prepared in the HTML format. These documents are
often provided by web servers, such as web server 720 which is
considered to be "on" the Internet. Often these web servers are
provided by the ISPs, such as ISP 710, although a computer system
can be set up and connected to the Internet without that system
also being an ISP.
[0058] The web server 720 is typically at least one computer system
which operates as a server computer system and is configured to
operate with the protocols of the World Wide Web and is coupled to
the Internet. Optionally, the web server 720 can be part of an ISP
which provides access to the Internet for client systems. The web
server 720 is shown coupled to the server computer system 725 which
itself is coupled to web content 795, which can be considered a
form of a media database. While two computer systems 720 and 725
are shown in FIG. 7, the web server system 720 and the server
computer system 725 can be one computer system having different
software components providing the web server functionality and the
server functionality provided by the server computer system 725
which will be described further below.
[0059] Client computer systems 730, 740, 750, and 760 can each,
with the appropriate web browsing software, view HTML pages
provided by the web server 720. The ISP 710 provides Internet
connectivity to the client computer system 730 through the modem
interface 735 which can be considered part of the client computer
system 730. The client computer system can be a personal computer
system, a network computer, a Web TV system, or other such computer
system.
[0060] Similarly, the ISP 715 provides Internet connectivity for
client systems 740, 750, and 760, although as shown in FIG. 7, the
connections are not the same for these three computer systems.
Client computer system 740 is coupled through a modem interface 745
while client computer systems 750 and 760 are part of a LAN. While
FIG. 7 shows the interfaces 735 and 745 as generically as a
"modem," each of these interfaces can be an analog modem, ISDN
modem, cable modem, satellite transmission interface (e.g. "Direct
PC"), or other interfaces for coupling a computer system to other
computer systems.
[0061] Client computer systems 750 and 760 are coupled to a LAN 770
through network interfaces 755 and 765, which can be Ethernet
network or other network interfaces. The LAN 770 is also coupled to
a gateway computer system 775 which can provide firewall and other
Internet related services for the local area network. This gateway
computer system 775 is coupled to the ISP 715 to provide Internet
connectivity to the client computer systems 750 and 760. The
gateway computer system 775 can be a conventional server computer
system. Also, the web server system 720 can be a conventional
server computer system.
[0062] Alternatively, a server computer system 780 can be directly
coupled to the LAN 770 through a network interface 785 to provide
files 790 and other services to the clients 750, 760, without the
need to connect to the Internet through the gateway system 775.
FIG. 8 shows one example of a conventional computer system that can
be used as a client computer system or a server computer system or
as a web server system. Such a computer system can be used to
perform many of the functions of an Internet service provider, such
as ISP 710. The computer system 800 interfaces to external systems
through the modem or network interface 820. It will be appreciated
that the modem or network interface 820 can be considered to be
part of the computer system 800. This interface 820 can be an
analog modem, ISDN modem, cable modem, token ring interface,
satellite transmission interface (e.g. "Direct PC"), or other
interfaces for coupling a computer system to other computer
systems.
[0063] The computer system 800 includes a processor 810, which can
be a conventional microprocessor such as an Intel Pentium
microprocessor or Motorola Power PC microprocessor. Memory 840 is
coupled to the processor 810 by a bus 870. Memory 840 can be
dynamic random access memory (DRAM) and can also include static RAM
(SRAM). The bus 870 couples the processor 810 to the memory 840,
also to non-volatile storage 850, to display controller 830, and to
the input/output (I/O) controller 860.
[0064] The display controller 830 controls in the conventional
manner a display on a display device 835 which can be a cathode ray
tube (CRT) or liquid crystal display (LCD). The input/output
devices 855 can include a keyboard, disk drives, printers, a
scanner, and other input and output devices, including a mouse or
other pointing device. The display controller 830 and the I/O
controller 860 can be implemented with conventional well known
technology. A digital image input device 865 can be a digital
camera which is coupled to an I/O controller 860 in order to allow
images from the digital camera to be input into the computer system
800.
[0065] The non-volatile storage 850 is often a magnetic hard disk,
an optical disk, or another form of storage for large amounts of
data. Some of this data is often written, by a direct memory access
process, into memory 840 during execution of software in the
computer system 800. One of skill in the art will immediately
recognize that the terms "machine-readable medium" or
"computer-readable medium" includes any type of storage device that
is accessible by the processor 810 and also encompasses a carrier
wave that encodes a data signal.
[0066] The computer system 800 is one example of many possible
computer systems which have different architectures. For example,
personal computers based on an Intel microprocessor often have
multiple buses, one of which can be an input/output (I/O) bus for
the peripherals and one that directly connects the processor 810
and the memory 840 (often referred to as a memory bus). The buses
are connected together through bridge components that perform any
necessary translation due to differing bus protocols.
[0067] Network computers are another type of computer system that
can be used with the present invention. Network computers do not
usually include a hard disk or other mass storage, and the
executable programs are loaded from a network connection into the
memory 840 for execution by the processor 810. A Web TV system,
which is known in the art, is also considered to be a computer
system according to the present invention, but it may lack some of
the features shown in FIG. 8, such as certain input or output
devices. A typical computer system will usually include at least a
processor, memory, and a bus coupling the memory to the
processor.
[0068] In addition, the computer system 800 is controlled by
operating system software which includes a file management system,
such as a disk operating system, which is part of the operating
system software. One example of an operating system software with
its associated file management system software is the family of
operating systems known as Windows.RTM. from Microsoft Corporation
of Redmond, Wash., and their associated file management systems.
Another example of an operating system software with its associated
file management system software is the LINUX operating system and
its associated file management system. The file management system
is typically stored in the non-volatile storage 850 and causes the
processor 810 to execute the various acts required by the operating
system to input and output data and to store data in memory,
including storing files on the non-volatile storage 850. Some
portions of the detailed description are presented in terms of
algorithms and symbolic representations of operations on data bits
within a computer memory. These algorithmic descriptions and
representations are the means used by those skilled in the data
processing arts to most effectively convey the substance of their
work to others skilled in the art. An algorithm is here, and
generally, conceived to be a self-consistent sequence of operations
leading to a desired result. The operations are those requiring
physical manipulations of physical quantities. Usually, though not
necessarily, these quantities take the form of electrical or
magnetic signals capable of being stored, transferred, combined,
compared, and otherwise manipulated. It has proven convenient at
times, principally for reasons of common usage, to refer to these
signals as bits, values, elements, symbols, characters, terms,
numbers, or the like.
[0069] It should be borne in mind, however, that all of these and
similar terms are to be associated with the appropriate physical
quantities and are merely convenient labels applied to these
quantities. Unless specifically stated otherwise as apparent from
the following discussion, it is appreciated that throughout the
description, discussions utilizing terms such as "processing" or
"computing" or "calculating" or "determining" or "displaying" or
the like, refer to the action and processes of a computer system,
or similar electronic computing device, that manipulates and
transforms data represented as physical (electronic) quantities
within the computer system's registers and memories into other data
similarly represented as physical quantities within the computer
system memories or registers or other such information storage,
transmission or display devices.
[0070] The present invention, in some embodiments, also relates to
apparatus for performing the operations herein. This apparatus may
be specially constructed for the required purposes, or it may
comprise a general purpose computer selectively activated or
reconfigured by a computer program stored in the computer. Such a
computer program may be stored in a computer readable storage
medium, such as, but is not limited to, any type of disk including
floppy disks, optical disks, CD-ROMs, and magnetic-optical disks,
read-only memories (ROMs), random access memories (RAMs), EPROMs,
EEPROMs, magnetic or optical cards, or any type of media suitable
for storing electronic instructions, and each coupled to a computer
system bus.
[0071] The algorithms and displays presented herein are not
inherently related to any particular computer or other apparatus.
Various general purpose systems may be used with programs in
accordance with the teachings herein, or it may prove convenient to
construct more specialized apparatus to perform the required method
steps. The required structure for a variety of these systems will
appear from the description below. In addition, the present
invention is not described with reference to any particular
programming language, and various embodiments may thus be
implemented using a variety of programming languages.
Alternate Embodiment
[0072] The illustrated database system of FIG. 9 is an embodiment
of a complete open online licensing and royalty distribution system
for digital media. Traditionally, licenses for media required
individually negotiating deals with copyright holders with terms
that are not generally publicly disclosed, making it an extremely
time intensive task.
[0073] Such a database system, in some embodiments, provides a
centralized clearinghouse for all digital media. The system may
enable content owners to protect the content owner's intellectual
property rights associated with the content. The system can also
provide authentication services, as well as tracking and reporting
services associated with the management of the distribution of
content.
[0074] The system may, in various embodiments, provide a
centralized system for the following functions:
[0075] 1) allow copyright holders to offer licenses of their
copyrighted intellectual property;
[0076] 2) allow copyright holders to request filtering for their
content;
[0077] 3) allow online media distributors to get access, in
real-time, to the licenses offered by the copyright holders based
on the capabilities of the particular service;
[0078] 4) handle real-time licensing rights accounting;
[0079] 5) handle royalty collection;
[0080] 6) handle royalty distribution; and
[0081] 7) allow online media distributors to determine, in
real-time, the licensing status (or lack thereof of items of
content.
[0082] The system may eliminate the barrier that prevents content
from getting into the media distribution market. At the same time,
the system may allow the content industries to leverage the system
to filter out, in real-time, the content of illicit distribution
services. FIG. 9 is a block diagram that illustrates an overview of
an embodiment of the system. Copyright-holders (rights-holders),
such as labels, studios and artists publish on the system (in the
database for example), the terms associated with digitally
distributing the content owned by the copyright-holders.
Distributors of digital media can then secure and pay for the
content on the system. This potentially allows the consumer to get
full-breadth of high quality content (digital media) in a seamless
and legal manner. In certain embodiments, the system employs a
plug-in architecture that enables essentially instant access to a
legitimate library of digital media.
[0083] According to certain embodiments, an apparatus is configured
to accept, in real-time, licensing information about digital media
from copyright holders or from owners of licensing rights, and
allow third-party media distribution services to select, in
real-time, the licenses for digital media that the media
distribution services are interested in distributing. The
apparatus, in some embodiments, may also be configured to process,
in real-time, license requests for digital media from online media
distribution services and to account for, in real-time, each
license that is accessible.
[0084] In further detail, the system 900 illustrated in FIG. 9 is
an alternate embodiment of a system for controlling access to
content. Database 950 stores data related to rights-holders (e.g.
980, 985, 990, 995 for example), distributors (such as content
retailers or outlets 910, 920, 930, or 940 for example), and
related to content (such as attributes or actual content for
example). As illustrated, distributors 910, 920, 930 and 940 each
use a plug-in 915 to interface with database 950, thereby allowing
for requests for permission to distribute content and responses
including denial, unconditional permission, restricted permission,
known good copies, or lack of data related to the content.
Moreover, the plug-in 915 may function to monetize content
transactions, allowing for use of the database 950 as a
clearinghouse for royalties for example.
[0085] Rights-holders (980, 985, 990, and 995) each claim rights
through usage module 970 and set pricing or other restrictions
through pricing module 975 for example. Data from modules 970 and
975 may be some or all of the data stored or encoded in database
950. Accounting module 960 provides an interface to database 950
allowing for financial examination and control of database 950.
Similarly, reports module 965 provides an interface to database 950
allowing for production of visually perceptible presentations of
data from database 950, such as activity or commercial charts for
example.
[0086] According to certain embodiments, a mechanism is provided
for:
[0087] 1) determining licenses for digital media using multiple
fingerprint technologies based on the type of media requested;
[0088] 2) determining, in real-time, the licenses that are
available to digital media distribution services based on the
capability of the digital media distribution services to handle
licensing restrictions;
[0089] 3) enabling the filtering (banning) of certain media files
on third-party distributed systems;
[0090] 4) trusted accounting for media file license requests with
third-party media distribution services;
[0091] 5) determining, in real-time, the affects on income due to
potential changes in licenses of online media;
[0092] 6) modifying the available licenses for media files in
real-time and causing the modified licenses to propagate to all
participating media distribution services immediately;
[0093] 7) providing time-based and limited licensing restrictions
for digital media based on time of day, promotional periods, number
of users who have the digital media file, etc. that are only made
available to online media distribution services when the
restrictions for the licenses are met by a system;
[0094] 8) determining, in real-time, the licenses that are
available to digital media distribution services based on the
consumer's country of origin.
[0095] Sources of revenue for the system may include one or more of
the following:
[0096] 1) Charge transaction fee for content deployed by
distribution services;
[0097] 2) Charge content owners for running the database and
preventing piracy;
[0098] 3) License technology to music services (both free and pay
music services)
[0099] 4) Provide an authoring tool for content creators to easily
copyright and fingerprint their work online;
[0100] 5) Provide services for creation of the copyright database
(content owners);
[0101] 6) Enabling new music services such as:
[0102] A) Collection of ongoing fees for administration of rights
accounting;
[0103] B) Offering data-mining, reporting, & custom
analytics;
[0104] C) Audit rights compliance across music services;
[0105] D) Enabling a consumer "personal rights locker";
[0106] E) OEM music infrastructure, "Google of music", search &
recommendations, for example.
[0107] From the foregoing, it will be appreciated that specific
embodiments of the invention have been described herein for
purposes of illustration, but that various modifications may be
made without deviating from the spirit and scope of the invention.
For example, the disclosed methods and apparatuses have been
described primarily in terms of use with songs, while content of
many different forms may be managed in the same manner. In some
instances, reference has been made to characteristics likely to be
present in various or some embodiments, but these characteristics
are also not necessarily limiting on the spirit and scope of the
invention. In the illustrations and description, structures have
been provided which may be formed or assembled in other ways within
the spirit and scope of the invention.
[0108] In particular, the separate modules of the various block
diagrams represent functional modules of methods or apparatuses and
are not necessarily indicative of physical or logical separations
or of an order of operation inherent in the spirit and scope of the
present invention. Similarly, methods have been illustrated and
described as linear processes, but such methods may have operations
reordered or implemented in parallel within the spirit and scope of
the invention. Accordingly, the invention is not limited except as
by the appended claims.
* * * * *