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TOTAL LICENSING AUSTRALIA
erties such as Bratz, Dora the Explor- and more of the time of younger and
er, Thomas the Tank Engine, Peanuts, younger children away from the toys
Bob the Builder and Sesame Street. and playthings that kept their parents
Lawyers are also a species likely to busy in yesteryear. My four year old
survive a nuclear holocaust. Australia son was using a computer from the
has a highly sophisticated regime of age of two and contemporary DVDs
laws, courts and licensing conventions. and online activities provide some
They can be made to work for any of his favourite pastimes, leaving
type of product or licensing or mer- the toy box untouched until
chandising strategy. friends drop by. This is not good
Trademark and copyright law have news for those in the business
provided the traditional legal base of merchandising and licens-
for many licensing and merchandis- ing with no online strategy or at
ing contracts. However, as software, least positioning with respect to it.
A second issue now and over the ho-
the Internet and new business models These emerging challenges and the
rizon is where do DVD distributors
emerge, increasing attention is likely new environment for character li-
and stores renting or selling DVDs
to be given to additional mechanisms censing and merchandising call for
find revenue given the DVD format is
for monopoly legal rights using design new or adapted business models.
rapidly maturing? The signs of slowing
registration law and patent law. They do not have to replace exist-
growth include falling DVD prices. This
The fully government-owned Austra- ing revenue streams in one go, but
is at a time when online media chal-
lian Broadcasting Corporation (ABC, they should be considered as a way
lenges the underlying business models
see www.abc.net.au/abckids/) contin- of at least defending against the truly
of virtually all traditional media and
ues to grow as a prominent licensee warp speed of change about to sweep
entertainment sectors in Australia.
and licensor. So does its range of us all off our historical foundations.
Roadshow Entertainment remains
offerings for children, now provid-
Australia’s leading DVD distribu-
ing well over 100 characters. Still,
tor. Other majors include Twentieth
the old favourites remain and con-
Century Fox Home Entertainment,
tinue to thrive. In 2006 Play School,
Universal Pictures Video, Buena Vista
one of the ABC’s pre-school pro-
Home Entertainment, Warner Vision
grams celebrated its 40th birthday.
and Columbia Tristar Home Video.
What is new and indeed exciting at
The DVD rental and sale market is
ABC Kids is a vast increase in the
still growing but at a diminishing rate.
quality of games and activities avail-
There are also technology changes
able online.
and uncertainty ahead. For example,
More affordable for households in
current DVD players will not play fu-
Australia then ever is some level of
ture formats, eg HD DVD and Blu-ray,
“broadband”. That term is in quotes
both of which are still in a format war.
because it always needs specific defi-
There will it seems always be a role for
nition to have any real meaning.

agents, such as Gaffney International
Noric Dilanchian is an entertain-
“Broadband” is now cheap-
or Haven Licensing who lead the
ment, technology, publishing and in-
er from phone compa-
pack. Gaffney International Li-
tellectual property lawyer in Sydney.
nies and ISPs. When its
censing Pty Ltd which in
Noric is a former President of the
increasing consumer
2007 celebrates 30 years
Australian Interactive Multimedia
adoption is matched
of operation in Austra-
Industry Association. His firm has
with the wonders
lia represents big
Australia’s leading law firm blog
of technologies
names, including
(Lightbulb) and website in terms of
such as audio
properties such
the depth and currency of its con-
streaming, Java
as Pokemon and
tent.
and Flash, then kids
CareBears, and
Contact Noric Dilanchian,
and their parents
names from the
Managing Partner
have, over the
50s and 60s,
Dilanchian Lawyers & Consultants
last 18 months or
eg Playboy,
The University Centre
so, experienced a pre-
Elvis Pre-
210 Clarence Street
viously unheard of level
sley and The
Sydney NSW 2000 Australia
of interactivity with online
Beatles. Haven
Tel (+61 2) 9269 0229
shows, games and activities.
Licensing has a strong
Fax (+61 2) 9269 0775
Online media’s attractive
market share with prop-
www.dilanchian.com.au
qualities are taking more
TLA 35
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