Mind over Media - Vol. 1 Issue 4 Jan 2 1991:

31 Pages·1991·4.5 MB·English

2
38
HOW-TO FOR THE AUDIOVISUAL PROFESSIONAL
3
The one-button interface
Information navigation requires new kinds ofinterfaces. Charles Wyke-Smith of
Printz describes a MacroMind Director program that lets casual viewers make
INTERFACE choices quickly and easily.
many 6
Too chefs
Producinggreatcreativeworkinacommitteeisamatterofwideningandnarrow-
ing your choices until you’re focused. Doris Mitsch of Clement Mok Designs
DESIGN explains the “Dreck Curve” andbeingbitten to deathby ducks.
First impressions of the Toaster 1
Musician/videoproducerToddRundgrengiveshis firstimpressions oftheNewTek
VideoToaster,theAmigaadd-inthat’scausedastir. Rundgrenisusingittocreate
PRODUCTS an animated musicvideo forthe album he’ll releasethis month.
Navigation interfaces needed 2
Thecomputerindustryhas learnedthevalue ofconsis-
17 The List: tent user interfaces. Now it has to applythat knowl-
Macintosh frame grabbers edge to information navigationinterfaces.
8 Mind over Marketing
1 Legal media 8
20 Product Reviews
Protectingyourworkagainstcopyrightinfringementcan
21 In Brief includeusingcease-and-desistlettersandlegalmeans
24 New Products to enforceyourrights.
27 People
27 Requests for Proposals Who do you thinkyou are? 1
28 Contracts Awarded Positioning your products and services is essential.
Whether you’re working in-house or marketing your
28 Calendar services,howyou’reperceivedmakesallthedifference.
30 Training
31 Papers, Prizes Hypertextfor on-line reference 1
Bigorsmall,referenceworkscanbeidealcandidatesfor
hypertext-based on-line help and reference systems,
butimplementationis harderthanitlooks.
WHO'S MINDING THE MEDIA?
VOLUME ONE ISSUE FOUR JANUARY2, 1991
9 2
JANUARY 2, 1991 MINDoverMEDIA
ras « WIntroductory offer extended
—
EAREEXTENDINGTHEINTRODUCTORYSUBSCRIPTIONpriceof$150for24issues
Editor-in-Chief NickArnett
— ofMindoverMedia,partlybecausewehaven’treallybeenablekeptup
Managing Editor Dan Ryder
withtheamazingdemandforsampleissues. Thenumberofsubscrib-
MultimediaComputingCorporation ersis exceedingourexpectations,butatthesametime,werealizethatmanyof
3501 RyderStreet youarewithyoungcompanies (oryoungdivisionsofoldcompanies)anddon’t
Santa Clara, CA95051 havebigbudgetsyet. We’dliketomakesurethatsamplecopiesarereceivedby
everyone who wants them, with enoughtimeto take advantage ofour offer.
Phone [phone] Meanwhile, we’re working on obtaining more “extras,” like the Meridian
Orders [phone] DataCD-Audio discthatsubscribersarenowreceiving. Whatwouldyoulike?
Fax [phone] Some ofthe possibilities are VHS videotapes that showthe video capabilities
QuickMail: [phone] ofvarioushardwareandsoftwareproducts,aswellasdemodisks formultime-
MCIMail:NARNETTorMADDOG diatools. Let us knowwhat you think.
AppleLink: MULTIMEDIA
CompuServe: 76657,271
America Online: MMedia
Information navigation interfaces
(E-mail messages should include
"Attn: [name]" for routing.) The story on the facing page, by Charles Wyke-Sm—ith, is an example ofa
trend that we recognized over the past few months a recognition that the
NickArnett, president interfaces that work for tool-oriented computer software (word processors,
Dan Ryder, vicepresident databases, spreadsheets, etc.) don’t oftenworkwell for findinginformation.
Tim Bajarin, vice chairman FromtheDecemberissueofoursisterpublication,Multimedia Computing
John Lemons, chairman &Presentations:
Gary Schultz, VP, R&D Audiovisual glitz and glamour without depth ofinformation is just more
Bob Hoskins, VP, Info. Svcs. television. Multimediacomputingcanattractpeople’sattentionandholdtheir
Deena Bye, administration interest, but unless it also gives them good ways to find out more about the
Carol Munch, marketing things thatinterestthem, it’s justmore sensoryoverload.
Carolyn Cole, research Aninformation navigationsystem is essential. We’ve grownincreasingly
convincedthat consistency ofthe navigationinterface will be akeyto growth
in multimedia information products, the so-called “content-rich” products
Interested in contributing?
We're looking for practical, that’ll trigger sales ofcomputers to entirely new groups ofcustomers.
The lessonthatAppletaughtthe world withMacintoshwasthat aconsis-
how-to stories on using personal
tentinterfacewillincreasethenumberofapplicationsthatpeopleregularlyuse.
computers in audiovisualproduc-
tion. We don’t justwa—nt to hear Eventhoughthe computerindustryas awholehas recognizedthevalue—of
about your successes some of consistent user interfaces, there’s a new kind of consistency that’s needed
the most important lessons come standardinterfacesforinformationnavigation.Theeasywaytounderstandthis
from the mistakes and dead ends is to think about how difficu—lt you’d find libraries to use if each one used a
that happen along the way to a differentcardcatalogsystem nottomentionthosewhowouldinsistthatthe
greatpiece ofwork. whole card catalogmetaphoris wrong. Multimediapromises to putlibraries,
Please send your story ideas artmuseumsandallsortsofotherinformationonourbookshelves. Ifeachone
tous via mail or e-mail. If you'd has a difference navigation scheme, people won’tbuyvery many.
liketosendacompletestory,please Thetheorybehind content-richapplications isthatthey’ll sell likebooks,
submititon diskorvia e-mail. inlargenumbersatlowprices. Theimplicationisthatbuyerswillgobackagain
We're also eager for your
materSiuaglgefsortioounrs?newWsefeawteulrecso.me aevnedraygoanienwfiolrlthiatlvees.aJfueswttaistlnese.arAlydeovzeernywonoeulhdasseatemlerasetasaonfaebwlebo—okbsu,tntehaartl’ys
them. We're planning projects about twice as many titles as the number of software applications most
such as more training seminars computer owners use regularly. Ofcourse, many people buy far more than a
and an electronic bulletin board dozenbooks. Andtherearemany,manylibraries,wherepeopleusethousands
V
services to exchange tips and ofbooks. Nati-ckA*rnett
ideas. Whatdoyou think?
President,Multimedia Computing Corporation
2
,
VOLUMEONE • ISSUE FOUR MINDoverMEDIA
The one-button interface
INTERFACE Information navigation requires new kinds of interfaces
by Charles Wyke-Smith
thinkwe'vedefaulted. Wedesignersofmultimedia animatehappenuntilthe clip starts, evenifthe
I have takenthe metaphor ofthe modern computer waitonlylasts afewseconds. Ifyou aregoingto
interface,as our own rigid guideline in designing usethe easyoptionandpop a“Pleasewait” onthe
interfaces for interactive programs: We use multiple- screen, don’tmaketheviewerwaittoolong; from
choicebuttons,scrollingfields,evenpull-downmenus myexperienceyouhaveabout five secondsbefore
asthenavigationtools. Weuseamouseorrollerballas themore easilydistractedviewer decidesthere is a
the means to operatethem. problem andmoveson.
Suchinterfacesrequireatleastsometraining,beit 3. Consistency. Organizethings sothattheviewer
delivered by a trainer, self-taught or from reading a learns astheygo; ifthe Quitbuttonis inthelower
manual. Thislearningprocess is worththe effortifthe left cornerthe firsttimeitbecomes anoption, don’t
viewerisgoingtolearnaforeignlanguageorbeableto have it appear as adifferent shapebuttonorintop
regularlyaccessausefuldatabaseofinformation.How- rightcornernexttimeitappears. Consistentuse of
ever, as I discovered while designing an interactive buttons,type, andtransitions orientstheviewers,
display for use at the Comdex and MacWorld exhibi- and keepstheirattention.
tions, ifthe viewer is standing on the floor ofa noisy 4. Navigability. Makesurethatusers canfindtheir
exhibitionhall,surroundedbydistractions,watchinga wayaround and don’tgetlostin “hyperspace”, not
monitor several feet away, you must offer a simpler
knowingwheretheycame fromorwheretheyare
interface.
Ifyouassumethatyourtypicalviewerswillhaveno going. Itshouldbeeasytoreturntothebeginning
orgobackwards,retracingtheirsteps. Sometimes,
computerskills, thattheythink “justpoint and click”
is a line from a new Clint Eastwood movie, and are imt’aspaptphraotptrhieaytecatonpcarlolviudpettohaeivdiweiwtehrsnawviitghataiosnm.all
prepared to give you about four seconds oftheir valu-
See yourHyperCard Help stackforanice example
abletimeto engagetheir interest, then you are getting
ofthis.
intotherightframeofmindtodesignmultimediaforan
exhibition hall. Even at computer shows, surprisingly I’veseenMacintoshnovicesatourtrainingcourses
largenumbersofvisitorscannotuseamouseortrackball arduouslytryingtomasterthemouse, soIdecidednot
andthosewhouseadisplayareimmediatelyturnedoff touseapoint-and-clicksystemfortheComdexproject.
ifthe program does not react exactly as theyexpect. I wanted something simpler than a mouse and it oc-
I suggest there are fourbasic considerations when curred to me that maybe the user could navigate with
designinganinterfaceforany“passingtraffic”display, just asingle button. Instead ofhaving users click at a
be it a museum, point-of-sale in a store, or the largest particular location, they would click at a particular
trade show. They are: timetomaketheirnavigationchoices. Armedwiththis
1. Clarity. Theinterface must clearlyindicateexactly simple concept, we came up with an interface that fit
our four design criteria.
whatinformationitoffers. “Experience flightin
Space!” and alarge colorpicture ofthe shuttletells
us exactlywhatto expect. Keep itsimple and clear
soit's eye-catchinginits surrounding. Savethe The interface
subtletyforlater, oncethevieweris involved. Our client, Jeff Segers of Mass Optical Storage
2. Responsiveness. Exhibitionvisitors, shoppers and Technologies Inc. (MOST), had asked us to show a
galleryvisitors are arestlessbreed. Make sure number of aspects of the company’s new 3-1/2-inch
whenthe—ydecide “OK, 111tryit”, something 128MB magneto-optical disk drive. We divided the
happens anything, as longas is happens immedi- informationintosixgroups;technology,themedia,the
ately. Ifyou are goingto showthevieweraclip future,etc.Sixisasmanychoicesastheviewercantake
fromalaserdisc, have somemusicplayor asimple inatonetimeandthereareempiricalstudiesthatshow
3
,
JANUARY 2, 1991 MINDoverMEDIA
seven to be a critical number in people’s perceptive the first40 framesorsoofthemoviemade uptheloop
abilities. Forexample,almostallpeoplecanlookatsix ofchoices. Thislooprunsuntiltheviewerpressesthe
marblesinacontainerand knowthereare sixwithout button,then,basedonthecurrentframenumberatthe
countingthem.Oncetherearemorethansevenmarbles time ofthe click, the movie jumps to the start ofthe
mostpeoplehaveto countthemtocorrectlystatehow appropriate topic animation.
many there are (see George A. Miller, Psychology of A simple script in the very first frame makes a
Communication, first published 1967, Baltimore, macro run everytimethe mouse is clicked:
PenguinBooks).
UsingMacroMindDirector,weimportedascanned set the mouseDownScript to
photoofthedisk,placeditcenterscreen,andmadesix "testClickMacro"
“pie-slices”tooverlayit. IntheScore,weprogrammed Now, every time the mouse is clicked, the macro
aloop,sothateachsliceoverlaidthediskinturn. Also, “testClickMacro” runs. Inthismacrowedeterminethe
each slice had an accompanyingtopic caption. When currentframenumberand,therefore,thetopicchosen.
setinmotion, eachsliceoverlay anditscaptionhelda Fromthat information we can move the viewerto the
littleundertwo secondsbeforethenextone appeared; chosenlocation. The macro looks likethis (comments
acompletecycle ofthechoicestookabout 10 seconds.
are in italics):
Theviewer,encouragedbythesimpleandcomplete
—(when themouseisclicked)
operatinginstructions: “Clickwhenyourchoicehigh- macro testClickMacro
lights,”wouldclickthebutton(actuallyalocked-down
set frameNum=the Frame
mouse), and the programmed click-trap would check
the current frame number of the loop. The frame —(putting the currentframenumberinto a variable
numberwastested andthe programwouldthenjump calledframeNum)
to the appropriate chosen sequence. If the viewer if frameNum > 50
clicked againwhen achoice was running,theywould —(then we’re alreadyrunninga userchoice, sothe
bereturnedtothecycleofsixchoicesimmediatelyand user wishesto bereturned to the choices)
be able to select another. then put random (40) into
Also, we had the program triggering 16-bit (CD frameNum
quality) sound files from theAudiomediacardto pro- go to frameNum
vide voice-overto eachofthe animationchoices.
Here is some ofthe thinking and code we used to -(we arereturnedto arandomframe oftheloop of
choices)
makethis happen.
stopsound
The slices ofpie animate over six frames each, so
4
VOLUME ONE • ISSUE FOUR MINDoverMEDIA
-(audiomediaplaybackstops) intrainingandlearningforthephysicallyhandicapped.
exit To make a one-button program successful, don’t
-(the macrostopsrunning) offertoomanychoices atanygiventime. Amultitude
end if of choices is not only confusing, it takes time for a
choice to come around because you must hold each
else
choice onthescreenlongenoughforthe viewerto see
-(we mustbe at theloop ofchoices togettohere, so and select it.
wehave to determine which choice the viewermade) An obvious improvement would be to have the
if frameNum > 35 program “learn” how quickly the user responds and
then go to "Technology” -("Technol- speedupaccordingly. Ifauseralwaysselectsverylate,
ogyu isaframe label) you mightslowthe program down.
-(addanyAudiomedia instructionshere each time Reactiontothisone-buttonapproachhasbeenvery
positive. Only viewers who deliberatelytried to con-
to triggeraudio)
fusethesystembyclickingmanytimesinquicksucces-
exit
sion were able to cause it to malfunction. (By testing
end if howclosetheclickscome,wequicklyworkedupsome
if frameNum > 28 codetoironoutthisproblem.) Thesimpleinstruction,
then go to "Future" “Clickwhenyour choice highlights,” was understood
exit easilybyeveryone,and,bytrappingforamousedown
end if rather than a mouse up, we were able to make the
program respond the momentthebuttonwas pressed.
-(etc., etc. until all the choices are covered) Oneinterestingviewercommentwasthatthetime-
based nature ofthe interface made him consider each
Weaddedmore featurestothisprogram. Ifno one choiceinturn, ratherthanimmediatelyselectthe first
useditforawhile,theprogramwouldtimeoutandrun onethat caught their eye.
asix-minute animationwith digital audiothatwe had Most importantly, a one-button interface means
made for this client earlierinthe year. Then it would greatereaseofusefortheviewer,whichthewholefield
returntotheinteractivemovieafterthisanimationhad ofmultimedianeeds ifitistogainthe acceptancethat
run. It’s important to remember to turn off the we allbelieve it deserves.
mouseDownScriptandanytimeOutscriptstatesbefore We can’t allow our imaginations to be bound by
leavingtheinteractivemovie(setthemouseDownScript existing computer interfaces, no matter how well de-
to empty, setthe timeOutScript to empty). Otherwise signedtheymaybe. Reachingouttonewaudiences or
yourotheranimationsmaybesubjecttostrangebehav- lookingfornewwaystoenticeoldones,wemustthink
ior. asdesignersandcommunicatorswhenweworkonthe
—
This was a relatively simple program in terms of interface notlikeexperiencedcomputerusers. There’s
interactivity (clickonceto goto atopic, click againto more (or less?!) to interactive navigation than pull-
returntothechoices),buttheone-button-interfacehas downmenus and mice.
potential for more complex applications, particularly
CharlesWyke-Smilh isa co-founderofPrinfz Electronic
DesignServices in San Francisco. Thecompanydesigns
andproducesa varietyofmultimedia and printprojectsfor
corporateclients.
Wyke-Smithwishesto thank"interfaceguru"Aaron
Marcus,whoseworkinspired theideas inthisarticle.
5
:
JANUARY 2, 1991 MINDoverMEDIA
DESIGN Howto produce greatcreativework in a committee
by DorisMitsch
resentinganideatoacommitteeislikebeingbitten the process is managed well. The trick is that the
to death byducks process needs acertain kind ofstructure.
.
Idon’tknow—whotoldmethat,butitseemsto
applytomanyprojects especiallyinteractive(muddy)
mediaprojects.It’safactaboutgroups:themorepeople
you get involved in aproject, the more different opin- You can'tdesign a thing until you knowwhatitis
ions you willget. There is no way aroundthis. Some-
times it canbe agoodthing. Sometimes itis verybad. ItookacourserecentlyinwhichIexpectedtolearn
Ideas shrink and die slowly, consumed byblunt little somethingaboutthe “creative process,” whateverthat
bites. Differing opinions are pretty much inevitable means. As it happened, the course coincided with a
everytime you get agroup ofpeople together. project that I was working on that involved not only
manydecisionsbycommittee,butalsosomedesignby
committee. In this case, it wasn’t working, and I was
havingtrouble figuring outwhatto do about it. I was
The $• Scheier Dreck Curve expecting the course to have something to do with
brainstorming, whichwe had beentryingto do.
Brainstorming is a process in which people sit
around, drink coffee or beer, and spit out whatever
ideascometothem. (Somepeoplethinkthattherecan
benoideaswithoutthoughts butthatwouldbeanother
,
article.) Anyway,theclassturnedouttobeoneofthose
“You can do it!” kinds of courses: guidance for con-
fused people who want to learn to take charge, make
decisions, and achieve their goals. I stuck around
anyway, realizingthat in many ways acommittee can
be likened to alarge, confused person.
One rule that was mentioned in the course espe-
cially interested me. I’ve expanded it to two: (1) You
havetoknowwhatyouwantbefore you canfigure out
Numberof people involved hdooiwngtobegfeotreit,yaonudst(a2r)t.yoNuohnaeveofttohifsigiusrenewwhsa,tbyuotu’trhee
importantpartisthatthat’sreallyallthereistoit. Once
you understand these two rules, and learn to apply
As the number of people involved increases,
the amountof dreck produced increases themto whatever you’re doing, the rest is alot easier,
exponentially. whetherit’smakingasandwichorwritingafilm. Inthe
class,theyhad us practicethisbywritingdowngoals,
making lists, and drawing little diagrams to structure
We m—ight as well accept this as a natural law of our“processofcreating.” Itremindedmeofsomething.
physics but one that we can have some degree of I spent some time recently with Hugh Dubberly,
controlover.Itcanmakeallthedifferencetohavemore drawing little diagrams. Hugh heads the computer
thanonebrainworkingonaproblem. Infact,muchof departmentatArtCenterCollegeofDesigninPasadena.
thebestworkiscreatedbyteams: therightcombination We were trying to draw a diagram of the creative
ofpeople working togetherto create somethingbetter process. (Hughseemstothinkthatifyou can’t drawa
than any ofthe individuals involved could have—cre- diagramofsomething,itdoesn’texist.) Beforethat,we
ated alone. Even large groups canbe productive if hadbeenusingaloosedefinitionofthecreativeprocess
VOLUME ONE • ISSUE FOUR MIND overMEDIA
—
(1)Somebodywantssomethingand(2)Youmakesome- therequestor. Identifythepurposeoftheproject for
thingup. We were surethere had to be abetter wayto the individual requestingit, and forthe person’s orga-
describeourbusiness.Wecameupwithsoemthingthat nization. Whatresultdotheywantfromit? Identifythe
looks alittle like an argyle: audience: Is it limited to a certain type of person or
groupofpeople? Whatdotheycareabout? Whyshould
—
theybeinte—restedinyourproject? Willitbeused or
perceived in different ways by different people?
Definingyourobjectivesbegins withplentyofconver-
sationaboutyourpurpose,followedbymuchtestingof
Define the results.
Peopleingroupstendtostartstartpoppingupwith
ideas atthis point: “I knowwhat we could do...” It’s
important notto discuss solutions atthis point. Keep
Speculate the conversation focused on the purpose, and be spe-
cific.
Reduce the problem to one sentence. Write it
down. Reachconsensus. Ifthegroup doesn’t agreeon
the problem, then every discussion will involve a
Define conflict of some kind. Don’t underestimate the diffi-
cultyofthis. Themorepeopleinvolvedinaproject,the
morecomplicatedtheprocess ofdefiningtheproblem.
But once you’ve done it, itwill help structurethe rest
of the process. Inevitably, as the project progresses,
Speculate
people will have differentideas aboutwhatshouldbe
done. Thiscanbefrustratingifyoufindyourselftrying
tomakeoneprojectbe “allthingstoallpeople.” Ifyou
tryto accommodate everysuggestion, yourisk ending
upwitha“fruitsalad”solutionthathasmanyelements
Define
init,buttasteslikenothingidentifiable. Ifyoucanget
everyonetoagreeonthepurposeattheverybeginning,
you can evaluatethe suggestionsthat comeup against
the purpose that was decided at the beginning. This
The design process is a series of steps that narrow alsohelpspreventdisappointmentwhenanindividual’s
down or open up a range ofchoices. ideais discarded bythe rest ofthe group.
Once you’ve defined the problem, you need to
definethe—purpose ofthe approachyou’regoingtouse
to solve it without yet definingwhatthat approach
The onlyway a committee can produce work as a will be. Define your objectives as clearly as possible.
groupisbyhavingafullunderstandingoftheproblem Don’t stop with “We want it to be engaging” or “The
and evaluating options based on its requirements. To clientlikesbri—ghtcolors.” What’sthemajorpointyou
design something is to make a series ofchoices. What want to make or information you want to convey?
you end with, whether it’s avideo, aHyperCard stack Whatarethesecondarypoints? Isthereevidenceorare
or a book, is defined by the choices you make. The there examples that support those points? Does the
processalternatesbetweennarrowingdownandopen- message need to be delivered in an interactive form?
ing up arange ofchoices. Would it be betterto create something else instead?
Unless your group is homogeneous to an almost
creepydegree,eachpersonwillhaveaslightlydifferent
Define
idea ofwhat is important. Sometimes they will have
First—you haveto definethe problemyou’retrying vastly different ideas of what is important. Often,
to solve the result you want to create. If you’re people are invited to be part of a group precisely
producingworkforsomeoneelse,youneedtoidentify because they have a viewpoint that’s different from
7
JANUARY 2, 1991 MINDoverMEDIA
everyone else’s. Expectthis. Base your objectives on becomes recursive. You can apply the structured
the purpose that everyone agreed upon at the begin- approachyou used forthe largetaskofcreatingto any
ning. ofthe mini-tasks involved in it. Applythe process to
every part ofthe problem. Once you have a thorough
understanding of what you’re trying to do, and why,
you can figure out how.
Speculate
Once you’ve boiled the problem down to its sim-
plestform,thenyoubroadenyourchoices again. Now And soon
you can speculate about what the approach, or treat-
ment, will be. What opportunities are there? What Thisprocessinvolvesmanysmallerprocessesthat
resources are there? Is there an obvious wayto tackle mostpeople are alreadyusing. Inmanyways, it’sjust
the problem? Then what are the less obvious ones? commonsense. Insome ways, itmightseemlikeit’s a
Once you’ve hit on an idea everyone likes, write it more tedious and time-consuming way ofdoing some
down, put it away, and think ofthreebetter ideas. ordinary tasks. But the tedious and time-consuming
Thoughit’s importantto dothis evenwhenyou’re part about workingwithagroup orcommittee usually
workingonaproblemalone,thisisapartoftheprocess comes later in the process, as people make decisions
whereitreallyhelpstohavemanypeopleinvolved. It’s that don’t support what others are doing or when
tough for one person to come up with three equally individuals’tastes andpreferences conflict. Forevery
excitingideas. Ifyou canget afewotherpeopleinthe choicethatanindividualmakes,there’sanotherperson
room, you may find you havetentimes as many good who will choosethe opposite. And it’s inevitablethat
ideas. Again, you can usetheproblemandthe criteria people will change their minds. Usually someone,
you agreed upon to narrow them—down to a range of somewhere along the way, will go completely non-
optionsthatallseemequallygood andapplyequally linear and insist on an approach that doesn’t have
well to the problem you’re tryingto solve. anythingtodowiththeobjectivesthegrouphassetup.
Ifyouhaveastructuretofollow,youcanstopthiskind
ofrunawaytrain without causing disappointment.
Define The biggest risk in working as agroup is compro-
mising until you end up with a bland solution that’s
Once you’ve speculated aboutthevarious options offensive to no one, but inspires no one either. This
youhave,na—rrowdownagainandgetto—thepoint.Find happens when you try to marry many contradictory
thebigidea ororganizingprinciple ormetaphor. approaches. You finish a fruit salad that tastes like
The film business calls this part the concept. For a nothing. If you can structure the process so that
trainingprogram,theconceptmightbe“Usingthisnew everyone agrees on a few basic principles, then there
softwareis easybecauseit’s alotlikesomethingfamil- will be no need to compromise. Everyone can have
iar:usingapencil.” Foramovie,theconceptmightbe input, and ideas will be evaluated against criteriathat
“In the future, machines will be dangerous because everyone upholds. No one gets hurt, and everyone
they’llbesomuchlikepeoplethatitwillbehardtotell produces workto be proud of.
the difference.”
Speculate
DorisMitsch is onartdirectorand produceratClement
Once you havethebig idea, speculate again about Mole Designs, a multi-disciplinedesignfirm in San
its structure. What are the parts, ideas, information, Francisco. Shehaswrittenand designed communications
featuresandfunctions? Ifit’sasoftwareprogram,what materials in avarietyofmedia, includingApple's 1987
are its features? What are the sub-plots inthe movie? video. TheKnowledgeNavigator.
What are the sections inthe HyperCard stack? Ifit’s a
book, what are the chapters? Ifit’s a training course,
what informationneeds to be taught and what are the
activities that teach it? This is where the process
8
VOLUMEONE • ISSUE FOUR MIND overMEDIA
Protecting your work
LEGAL Legal remedies when copyrights are infringed
byStephen Ian Macintosh
V
iolating a copyright carries stiff penalties. Be- (sometimesknownasgivingtheinfringerenoughrope
cause ofthe amount and variety ofcomponent to hang himself), but this strategy is risky from the
mediaoftenused inmultimediacomputerpro- victim’s point ofview.
grams, and because of the presently thin market for When you have discovered infringement, find an
such programs, it’s more likely that the multimedia attorney to pursue your claim. Ifthe infringement is
developerwillbeaccused ofinfringingthecopyrightor clearenough,youmaybeabletofindalawyerwhowill
otherintellectualpropertyrightsofathirdpartyrather take the case on a contingency basis, especially since
than the other way around. Infringement is an ex- successful copyrightplaintiffs areentitledto anaward
tremelycomplex,high-stakesarea. Itisnotalegal“Do- ofattorneys’ fees.
it-yourself” subject. If you become involved in an
infringementdispute, consultwithanattorneyexperi-
encedinthefield. Thefollowingsectionsaxeprovided
Preliminaryinjunctions
to give an overview ofthe process and details ofthe
initial defensive steps. Themainreasontoactquicklyuponthediscovery
ofinfringement(andthechiefworryoftherecipientof
acease-and-desistletter)istheavailabilityofaprelimi-
Cease-and-desist requests naryinjunction. Apreliminaryinjunctionis aformof
equitable remedygranted byacourttoprevent irrepa-
The first step, once infringement has been dis- rableharm frombefallingtheplaintiffpriortothe end
covered, is for the aggrieved party to send a letter ofthe trial. A preliminary injunction is a court order
(usuallyonthestationeryofanattorney)totheinfringer thatpreventsadefendantfromdoingsomething(ornot
notifying himthat he is violating the copyright ofthe doingsomething)beforeithasbeenestablishedwhether
aggrievedparty. Seethesamplecease-and-desistletter the defendant has a right to engage in the enjoined
on on page 11. Ifthe infringement is arguable, e.g., activity.
protected by fair use or insubstantial, this should be Aninteractive video producer, for example, could
pointedoutinapromptreply. It’salmostalwaysagood be enjoined from demonstrating the program to a po-
ideatoreplytoacease-and-desistletter,giventhecosts tential audience or a corporation could be prevented
ofdefendingalawsuitthatmayfollowanunanswered from training its employees with an infringing pro-
request. gram, if the plaintiff was successful in obtaining a
The most obvious target of a cease-and-desist re- preliminary injunction against use of the infringing
quest is outright piracy. But even the use of a copy- work.
righted workinaninternalcorporatetrainingprogram Apreliminaryinjunction is anunusual remedyin
isaninfringementrisk. Interactive salespresentations most areas oflaw. Courts usuallylimitthe plaintiffto
containingunauthorizedcopyrightedelementsarevery damages foranywronghemayprove. However,inthe
risky and sales ofmultimedia computer programs in- context of copyright infringement suits (as well as in
corporating pirated material are almost sure to draw trademarkinfringementsuits) preliminaryinjunctions
,
litigation. arethe norm. Ifthe plaintiffcan produce a certificate
From the point of view ofthe victim of infringe- ofcopyright registration and demonstrate that the de-
ment, it’s important to act quickly. If you delay in fendant has violated any of the rights of a copyright
demandingthat aninfringer cease and desist oncethe owner, the plaintiff will be entitled to a preliminary
infringementhas been discovered, you mayprejudice injunction. Thedefendantwillthenhavetoprovelater
your case and give the infringer certain equitable de- attrialthattheusewasfair,permittedorotherwisenon-
fenses. Some victims of infringement have success- infringing. Bythetimethe case goestotrial,however,
fullypursuedthestrategyofwaitinguntiltheinfringer’s the defendant may be out of business or may have
profits have grown large enough to warrant a suit incurred significant losses through delay.
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JANUARY 2, 1991 MINDoverMEDIA
Because a pre- no money from the
liminaryinjunctionis infringement, or the
availabletoaplaintiff Survival Tip plaintiff’s sales or
soon after infringe- reputation were not
Risks ofInfringement
ment is discovered, diminished, the de-
and because the Anyunpermitted “commercial”useofacopyrighted fendant may still be
grantingoftheinjunc- workruns the riskofalawsuit. Most copyright owners held accountable for
tion greatly strength- whodiscoverinfringingusewillissueademandthatthe a potentially large
ens a plaintiffs case infringer stop, beforetheyactuallyfile suit. Ifyou have damage awardforthe
and his negotiating made any sales of an infringing work, the copyright infringement of a
position, the grant or owner will have arightto some or all ofyour proceeds. copyright.
denial of such relief Infact, acopyright owner isn’t obligedto askyou to The range of
often effectively ends stopinfringingbeforeheorshesuesyou. Indeed, evenif statutory damages is
litigation. you only were using their work in ademonstration and $500 to $20,000 for
A motion for a have not directly made money from the use of their each work infringed
preli—minary injunc- copyrightedwork,theymaybeentitledtodamagesupto for unintentional or
tion the plaintiffs $100 000 negligent infringe-
, .
assertionsofanurgent There aremanywaystoviolateacopyright. Useofa ment. In the case of
need —for immediate copyrightedworkforinternalpurposeswithinacompany —willful infringement
relief will be dis- may violate the owner’s copyright. Use of a work In a copyrightpiracy—
counted by the court demonstrationatatradeshowrmayconstituteaviolation. theceilingofstatutory
iftheplaintiffhasnot The risks of any potential copyright violation must be damages is increased
been diligent in pur- weighedagainstthelikelihoodthattheinfringementwill to $100,000 for each
suing his claim be discovered (orobjectedto) andtheethicalobligations work infringed.
through cease-and- ofone creative professionaltorespectthe—rights ofother As if the ready
desist letters and a artists and authors. Onethingis certain asthe multi- availabilityofinjunc-
timelyfiling ofalaw- mediaindustrygrows,copyrightownerseverywherewill tive reliefand a vari-
suitonceinfringement increasetheintensityoftheirexaminationofmultimedia ety of damages were
has been discovered. works, looking for potential infringement. not enough, success-
ful plaintiffs in copy-
right infringement
cases are entitled to
Damages
reasonable attorneys’ fees incurred in prosecutingthe
Ifa case ofinfringement goes to trial, the plaintiff copyrightclaim. Aswithstatutorydamages,however,
may be entitled to various types of damages. These attorneys’feesaregenerallyavailableonlyforinfringe-
include: ments post-dating copyright registration. In unusual
• actual damages; circumstances, successful defendants may also be en-
• the defendant’s profits; titledtoattorneys’feesexpendedindefenseofameritless
• statutory damages; claim. Theprovisioninthecopyrightlawfortheaward
• attorneys’ fees. ofattorneys’fees,however,isdefinitelypro-plaintiff
Actual damages, such as lost sales or diminished successful plaintiffs recover attorneys’ fees fax more
goodwill, areavailableincopyrightcasesasinallcivil oftenthan do successful defendants.
lawsuits. Aplaintiffmayadditionallyoralternatively
beentitledtorecoverthatshareoftheinfringer’sprofits Stephen IanMcIntosh isa California lawyerand authorof
attributableto use ofthe infringed work. theMultimediaProducer'sLegalSurvivalGuide,published
Section 504(c) ofthe Copyright Act provides for a byMultimedia Computing Carp.,fromwhich thiscolumn is
special type of damages called “statutory damages,’’ excerpted. Until recently,McIntoshwasassociatedwith
whichmaybeawardedforinfringementoccurringafter thelawfirmofPillsbury,Madison and Sutro. Heisvice
copyrightregistration. Statutorydamagesareawarded presidentoffinanceand administrationofEarthWiseInc.
in lieu of (or in the absence of) proof of any actual
damages orprofits. Thus, even ifthe defendant made
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