Thank you. I'd like to thank Auburn University and Auburn Extension and our host Brenda Ortiz for inviting me here today. Again, my name is David Zierden. I'm with Florida State University and even though I'm with FSU, I've been a lifelong Gator fan so you can thank us for sending you Will Mustchamp and a defense for next year. But at Florida State we've been involved in a partnership called the Southeast Climate Consortium for over a dozen years now and this consortium includes partners from Auburn University, University of Alabama, Huntsville, Georgia, Clemson University, North Carolina State, and University of Florida. So we've been working closely with Extension and with agriculture for over a dozen years now so I'm feeling more and more at home with this kind of crowd and this topic. Before I get too much into my talk I want to go over some basic concepts and the first one is, there we go, I want to talk first about what we mean and the difference between weather and climate and I think everyone's got a good intuition of what that means but real simply weather is the current conditions outside of the atmosphere usually measured by with temperature, rainfall, barometric pressure, winds, humidity, and when we talk about weather we talk about the minute-to-minute hour-by-hour day-to- day changes especially as modulated by the comings and goings of individual weather systems, air masses, cold fronts, low pressure systems, that kind of thing and usually when we're talking about weather the time horizon goes out from the current conditions to as far as 10 days in the future but when we talk about climate kind of the old view of climate was just the average weather over time usually a 30-year period but that really doesn't do climate justice climate is more than just a long-term average it includes knowledge about the variability of the weather patterns and climate patterns a better definition is climate is the slowly varying aspects of our earth, ocean, and atmosphere system together and going into that weather is fairly predictable out one to even five days in advance with these sophisticated weather prediction models and these predictions are very dependent on the initial conditions that's why we have such a robust observation system in this country and around the world and send up weather balloons twice a day to sample the atmosphere at all different levels and it's dominated by the initial conditions climate is more kind of the average of the weather and it's modulated by things by external for scenes like sea surface temperatures snow and ice cover the solar intensity or radiance hitting the earth and concentration of greenhouse gases all these help modulate climate so it's kind of a different mechanism when we're looking at changes in weather and changes in climate and there's some other nice little anecdotes and sayings on comparing weather and climate popular one whether is your mood climate is your personality I've also heard to say whether is what you wore today where climate is the wardrobe in your closet more recently Neil deGrasse Tyson the host of Cosmos now he had a whole episode on climate and climate change and what and he used this illustration that he was walking his dog down the beach and he had the dog on the leash and the dog was wondering to and fro like they tend to do but he was keeping a straight line and he said whether is the dog changing from day to day and week to week where climate is more slow and steady so keep your eye on the person not the dog one more term I want to kind of introduce is climate variability and to illustrate this I have a couple different graphs on the top left is the average annual temperature for the state of Alabama from 1895 to the present and on the bottom right it's annual rainfall averaged over the state for the same time period 1895 to present and if we look at temperature we can see some interesting things going on first of all there's no real trend the southeast United States is one area of the globe that really hasn't seen an increase in temperature due to the accumulation of greenhouse gases it's really unusual the western United States especially the higher latitudes are all warming significantly but the southeast u.s. is one area that hasn't also you'll notice the 1930s were actually the warmest decade on record here in Alabama some a lot of the high temperature records were set in the in the 1930s and even 50s then about 1958 there was kind of an abrupt shift where we had several cold decades in a row now in recent decades we've returned more towards normal but you'll also notice there's tremendous year to year variability in this climate record and that's what I want to focus on today and if we look at rainfall it's even more pronounced there's there's really no trend there's none of this decadal variations that we see in temperature but it's just this tremendous year to year variations where the risk lies you can have a record setting low years of less than 35 inches of for the year or over 75 for a given year so it's that year to year variability is where the real risk and challenges and opportunity lie and what I'm going to talk to you about today is a tool that gives us a little bit of predictability of this year of these year to year variations especially in the colder weather months November through March and that mechanism is the El Nino La Nina cycle. This show of hands how many have heard these terms are kind of familiar with how they affect our weather and climate. That's good everybody has so a lot of this will be review but real simply El Nino is a phenomenon that returns every two to seven years. It's this area of the Pacific Ocean along the equator from the coast of South America all the way out to the international date line where every two to seven years this area will will will really warm like gangbusters it'll it'll it'll warm several degrees Celsius warmer than it normally is which is a huge change when you're talking about the tropical Pacific Ocean and this is the satellite image of the great El Nino of 1997 98 here the ocean temperatures were were five degrees Celsius or more warmer than normal during that winter caused enormous impacts around the globe this presence of warm water in the Pacific. The opposite phase and again it occurs every two to seven years is called La Nina and that's where that same area of the Pacific Ocean or a similar area along the equator cools down several degrees colder than normal and it has its own set of impacts on the the climate of the Northern Hemisphere North America and other parts of the world. So real quickly a little background on what causes this warming and cooling in this part of the of the ocean this is just a diagram of the normal state of the Pacific Ocean. It's dominated at the surface by these easterly trade winds if you've ever been in the tropics the trade winds blow east to west almost all the time continuously unless there's a hurricane or a real big weather system in place you're going to get these easterly trade winds and because of these persistent easterly trade winds it leads to cold water and nutrient rich water upwelling off South America and even to a lesser degree off California but also the warm water piles up over in the Western Pacific and this is known as the Pacific warm pool some of the warmest ocean temperatures in the world right here and these warm ocean temperatures support a lot of cloudiness and rainfall and thunderstorm activity that we call convection. So this is the normal state of the Pacific Ocean. Now what happens to when an El Nino is forming is over here in the Western Pacific these trade winds are disrupted. They fall close to nothing or even reverse and become westerly and that'll set in place a chain reaction of events that helps build an El Nino. A little closer look at some of these things I was talking about this is just a 30 year climatology of sea surface temperatures in the Pacific Ocean. Here in the Reds you see sea surface temperatures approaching 30 degrees Celsius or 85 degrees Fahrenheit over in the Western Pacific much cooler over here in the Eastern Pacific and along the equator and that's the normal state. Now this next slide is going to show the departures from normal over a two year period from 1997 through 1999 where a lot was going on in the Pacific. We had this big El Nino form in 1997-98 and it was followed immediately by a fairly strong La Nino or cooler ocean temperatures and this is going to show anomalies which are the departures from normal the warmer will be in red the coolers will be in blue. So here we go as we start 1997 you see this explosion of warm water in this El Nino region and it really had tetsified during the winter and then you saw this abrupt change to colder than normal in 1998-99 and we'll let it run one more time that's so that really illustrates this cycle in the Pacific Ocean. Now historically we don't have this kind of action every year we we usually have an El Nino one out of four years a La Nino one out of four years and the other two years are close to normal or neutral so it's usually only one out of four years that we have either this El Nino or La Nino affecting our weather. Well the first big El Nino was in 1982 and 83 and because the Pacific Ocean is so vast there's very few observations of ocean temperatures and weather conditions and in 1982 and 83 was the first great El Nino of this century that really caused catastrophic impacts flooding and coastal erosion in California terrible droughts in Australia and parts of South America very rainy winters here in the in the southeast and in Florida so that really opened the eyes of the scientific community that this Pacific Ocean is something we need to pay attention to so through an international effort a series of weather buoys that monitor that both the atmospheric conditions and the oceanic temperatures and currents down several hundred meters were deployed across the whole Pacific Ocean everywhere there's one of these little blue dots is one of these weather buoys and they telemetry their telemetry their data back via satellite real time so now that we can we really have a great monitoring system and can pay attention to the Pacific Ocean day to day one editorial comment due to budget constraints in the last few years and basically mismanagement a lot of these buoys in the eastern Pacific have gone offline and I think that's one of the reasons we've had such a hard time getting a handle on this current El Nino and predicting whether it would go ahead and develop or or not so I think that's been part of the problem but we can we can show the historical changes in the Pacific Oceans the comings and goings of the El Ninos and La Ninos by just taking the sea surface temperatures in this area of the Pacific Ocean along the equator is called the Nino 3.4 area and just the departures from normal month by month and plot them on a timeline here we're starting in 1950 on the top left and going through 1970 all the way to the current 2012 and even 2014 on the bottom right and some things that will jump that I want to point out about this graph we have these dotted lines that plus or minus half degree Celsius that's the commonly accepted threshold for being an El Nino or La Ninos strength and then you see when the temperatures are warm we have these orange spikes or humps these are the El Ninos the blue valleys are when it's colder than normal these are the La Ninos and here you see the big El El Nino of 1982 83 again in 1997 and 98 our most recent El Nino was in 2009 2010 but another thing to notice is that El Ninos are typically one-year events where the La Ninos are often two or three years in a row more most recently in 2011 through 2012 that has big implications for us because La Ninos I'll show you in just a few slides tends to bring the southeast much warmer and drier winter and that can often be the trigger for drought and when you have two or three of these La Ninos in a row it sets the stage for multi-year droughts here in the southeast like back in the 2000s you know 1999 through 2001 we had terrible drought down here the 1950s 54 through 56 the 1970s all of these multi-year droughts were influenced in some way by this multi-year La Nina so real quick how does these how do these ocean temperatures feed back into the atmosphere and and affect our weather patterns well these diagrams show it pretty clearly when you have an El Nino this warm water that's usually confined to the western Pacific spreads across the whole basin and with that warm water is this thunderstorm activity and convection and this is a very efficient mechanism for transferring heat and and heat and moisture and heat energy from the ocean surface into the upper atmosphere now when a La Ninos in place it pushes this convection very far to the west and confines it to the far western Pacific and we get a different type of circulation and by just the presence or absence of this heat and humidity source pumping into the upper atmosphere it changes our jet stream patterns the top is the preferred or the predominant jet stream pattern we see in during an El Nino year and it's dominated by this strong subtropical jet stream that taps this Pacific moisture it brings storminess and winter storms to California and the and the western United States and these storms frequently redevelop along the northern Gulf Coast tapping the Gulf moisture and bring us very frequent rainfall and storminess during these El Nino episodes and little foreshadowing we've seen California getting hit two or three weeks in a row by what they call the pineapple express kind of a good indication that something's going on in the Pacific Ocean when we have a La Nina in place that now the polar jet stream is the more dominant jet stream it tends to follow a path that steers the storms up the Mississippi and Ohio Valley but down here in along the northern Gulf Coast in Florida we frequently get get left out the most of the storm energy is far to our north leaving us warmer and drier in the winter months and when I'm talking about the winter months it usually feel these impacts from basically November through March and this this is a better way of quantifying those impacts if you group all the El Nino events together and just look at how it affects our rainfall patterns this shows for January when you group all the El Ninos together leads to rainfall that's 40 to 60 percent above normal for the Peninsula of Florida but that above normal even extends well up into Georgia and to central Alabama also not so much in northern Alabama not near as much of an impact it can also affect summer weather when we have an onset of El Nino the late summer is often drier than normal as this graph shows a 10 to 20 percent drier than normal on the onset of an El Nino conversely when we have La Nina or the cold water in place we see much the opposite impact starting in fall we see the whole southeast is 10 to 30 percent drier than normal as we get into the winter that pattern really intensifies over the Peninsula of Florida now you can only expect half the normal rainfall when you have a La Nina in place some other impacts from the Pacific Ocean this cycle has a big impact on the act on the tropical cyclone activity in the Atlantic and Pacific Basin and real quickly we just took a hundred years of the strongest hurricanes the category three hurricanes that made landfall in the United States and plotted them in the two different phases El Nino and La Nina you see when there's an El Nino in place we have relatively fewer hurricane strikes over twice as many when a La Nina La Nina is in place and kind of the generally accepted model there is that when you have an El Nino and all this excess moisture and heat energy going into the upper atmosphere it leads to unfavorable winds over the hurricane formation region or shear that tend to blow apart the storms before they form and this year we have had another relatively inactive season as predicted because we anticipated an El Nino forming in the Pacific so what we've seen this year is right in line with with what we'd expect from El Nino now this doesn't necessarily have to do with this El Nino La Nina cycle but it's an interesting fact we're in a hurricane drought right now believe it or not it has been nine years since a major hurricane category three or higher has hit anywhere in the United States Wilma was the last one that hit South Florida back in 2005 and this shows that's by far the longest streak without a major hurricane in the historical record very similar thing for the state of Florida the state of Florida has not been hit by any hurricane of any strength since Wilma in 2005 again over nine years twice as long as any his other historical streak so it's just kind of an anomaly but we are in this hurricane drought I don't think we can read anything into it it's likely not to continue we're going to get hit sooner or later and we need to be prepared but let's get to the good stuff why is this El Nino La Nina cycle important to us in these changes in climate patterns because it has a direct impact on agricultural production here's one example this just taking the National Agricultural Statistics Service their historic County yield statistics for corn over a 50 or so year period and doing the same thing we do with the weather data we break it into the into the different categories whether you have El Nino or La Nina and we looked at the departures from normal for these corn yields county by county and we call them residuals that's a fancy term because there's also a trend to do to technology and and advancements in cultivars and things like that so these residuals are just a departure from that trend line but anyway when you have an El Nino in place corn yields are generally down from 10 to 35 percent over the entire southeast on the other hand when you have a La Nina or the warmer drier winters seem to increase corn yields across this whole southeast region and what we think is going on there is one these these agricultural statistics do not separate between irrigated and rain fed so for the La Nina case a lot of this corn is irrigated you have a warmer spring a lot more sunshine more solar radiation so you get a head on the growth curve and the yields just respond due to the increase in sunshine and earlier warm temperatures now that I don't know that this this measure is this important to corn and wheat production but it also has a big impact on the number of chill hours or chill accumulation during the winter time and that's very important for flowering fruits blueberries peaches strawberries things like that and as you'd expect when an El Nino is in place and we generally get these cooler wetter winters there's a there's a great 70 to 90 percent chance that you'll get less than the normal amount of chill hours for your region on the other hand a La Nina with the warmer drier winters there's only a 10 to 20 10 to 30 percent chance that you'll get less than normal so there's a really good chance that you'll get wait I'm saying that all backwards back up back up El Nino with the cooler wetter winters a great chance that you're going to get more than your normal chill accumulation that makes sense La Nina with the warmer drier there's a good chance that you will not reach your normal your or anticipated chill accumulation let's talk about some fun stuff let's talk about some recent events we had quite the chill here in November this shows morning low temperatures across the region on the morning of I believe it was November 20th 15 up here in Auburn 21 down in southeast Alabama 23 in Tallahassee this came close there was even some teens in north Florida and this came close to setting a record for the earliest occurrence of temperatures in the teens for the state of Florida missed it by two days but it was close to the record and it was certainly said a lot of daily records during this morning here's a really interesting graph from Monticello in north Florida right to the east of Tallahassee this shows the temperature at the agricultural fond station it dropped very quickly right after sunset reached 32 degrees about 6 30 that evening and did not rise above freezing until 9 o'clock the following morning over 14 and a half hours below freezing so good thing we don't have a lot of citrus production in north Florida I think it might have affected some satsuma growers around southern Alabama and north Florida but we also had very high dew points during this freeze it led to a heavy accumulation of frost or I call this north Florida snow because of that cold snap and some others it was actually one of the coldest November's on record for the southeast here's the historical rankings that the pinks are in the top five second coldest in Auburn southeast Alabama a lot of ones here in north Florida so very cold November and because of that and kind of are also kind of backs up our conceptual model of Al Nino this shows chill our accumulation this that Russell County Alabama just to our south I believe the orange line is the normal or average chill accumulation beginning at October 1st this line is what we've witnessed and you see we're well ahead of the normal curve almost twice as many chill hours as we normally would have at this time of the year so all that's good background but we really want to know what's happening this year so let's let's take a look and I'm I apologize some of these slides are going to get kind of complicated and technical but bear with me they tell a good story I told you it was the changes in winds over the western Pacific Ocean that kind of initiate in El Nino well this this graph shows near surface winds from back in February and March kind of a 30 day time period and you see a very strong and persistent westerly winds over here in the Pacific Ocean and this is a time longitude plot called a hovmular plot but the way to look at it is everywhere you have one of these orange blobs that's an occurrence of westerly winds over in that area of the Pacific Ocean and we can see one distinct episode and in January and early February another one in late February and March and yet another one in April so we had these three big episodes of westerly winds over the Pacific Ocean and that set in place a chain reaction of what we call a Kelvin wave where where the water below the surface actually the third the depth of the thermocline actually deep deepens as this Kelvin wave moves from Indonesia and Australia over to South America it takes about one and a half months for one of these waves to traverse the Pacific Ocean but here you see where it's finishing this journey and so now the water below the surface several hundred meters below the surface is much much warmer than it normally is and even at the surface you can see some warming initiating so that happened back in April and May it was such a strong Kelvin wave that a lot of scientists thought this might even be one of the big El Nino events but then during the summer the westerly winds stopped and the sea surface temperatures almost returned to normal well since then in the last couple months we've had a couple more weaker westerly wind events another weaker Kelvin wave but now the sea surface temperatures are really starting to respond this shows a sea surface temperature anomalies as of a week or so ago of one to two to even two and a half degrees Celsius starting to look like the classic El Nino signature there and if we look at this second from the top graph this is that same Nino 3.4 index that I showed you earlier and here you you can see how it was kind of cooler than normal in the Pacific back in the winter time then in April and May with that first Kelvin wave it warmed almost to that point five degree threshold then it kind of fell apart in July and August returned to normal but now it's kicking back in in full gear now the the Nino 3.4 index is up to one degree Celsius above normal well above the El Nino thresholds and it looks like it's going to persist for the next several months so with that said and with a week to moderate El Nino showing itself and being in place this is Noah's official climate outlook for the winter time December January and February and this shows their temperature outlook an increased chance of colder than normal temperatures across the southern U.S. again very consistent with what we know about El Nino our precipitation outlook an increased chance of above normal precipitation for the southwest Texas Florida in the southeast that same pattern I showed you on those maps earlier that showed the typical El Nino impacts there's you'll notice that same pattern so Noah is banking on this El Nino being in place all winter and influencing our winter climate patterns some other designs that El Nino's whether the sea surface temperatures said so or not that at least the atmosphere was responding like El Nino we did have a dry summer in the southeast actually Tallahassee had its record driest summer when you talk about June July and August the inactive Atlantic hurricane season the very active eastern Pacific hurricane season with the with the hurricanes hitting Baja Mexico and stuff that that's very consistent with El Nino this pineapple express that's kicking in in California again it shows that strong subtropical jet stream and tapping that moisture from the tropical Pacific I'm kind of saying El Nino's here we need to plan accordingly some of the other forecast centers are not fully on board yet Noah is still holding at a 65% chance that it'll be in place during the winter time the Australians who monitor this very closely they're a little more bullish at 70% Klaus Walter who's I respect greatly noted El Nino expert he's more confident than that he says 80 to 90% that it's here and will remain in place so I'll finish up here all this information on El Nino and climate variability can be found at aggroclimate.org shameless plug Brenda Ortiz has done a great job putting together several flyers on the impacts of El Nino on La Nina on our climate and even on corn and wheat in particular and some management options so I believe those are available in the other room on the I had to encourage you to pick them up and read through them and please visit aggroclimate.org contact your extension professional they can help you navigate the tools and get used to them but there is a whole host of information down to the county level on this climate variability and how this El Nino La Nina cycle affects our climate so that I'll wrap up and be glad to take any questions yes yeah I was on the fence or the whole science was for the last several months because it was it was like on again off again it was right there on the threshold but now now it looks like it's it's got some momentum it'll yeah it's a pretty sure bet that at least a week El Nino will be in place through the winter months


Hello. I'm Terry Fisher. This is the second segment of the eighth lecture and a series of lectures on copyright law. I'll be focusing here on the rights of public performance and display. This part of the lecture was originally prepared in 2013, but was revised in October of 2014 to take into account some recent developments in this sector of the law. The statutory provisions that govern the rights of performance and display are relatively few, but they're slippery, so it's important to be attentive to nuances here. The primary provisions are subsections 4, 5, and 6 of section 106. As you can see, subsection 4 gives the owner of the copyright in a literary, dramatic, musical, choreographic, pantomime, or audiovisual work the exclusive right to perform that work publicly. Subsection 5 is analogous. It applies to the same types of copyrighted works, plus pictorial, graphic, or sculptural works, and the individual images of an audiovisual work. It gives the owner of such things the right to display them publicly. Finally, subsection 6. This was added quite recently, specifically in 1996. As I hope you'll recall from lecture number 3, before 1996, the owners of copyrights and sound recordings in the United States did not enjoy any rights of public performance. At that time, the only provision dealing with public performances was subsection 4. And if you look back at that subsection, you'll notice that sound recordings do not appear in a list of types of works that are covered. Musical works appear, as you know by now, that means musical compositions, but not sound recordings. As I explained in lecture number 3, the record companies that hold the copyrights in most commercially valuable sound recordings have long complained about this state of affairs. In 1996 and then, with a little bit of adjustment in 1998, Congress responded partially to the record companies' pleas and granted them a limited, very limited, public performance right, which is now embodied in subsection 6. As you can see, it only applies to performances, quote, by means of a digital audio transmission. In just a minute, I'll give you some examples of transmissions that fit within this phrase. The crucial terms in these three statutory provisions are performance, display, and public. Fortunately, all three are defined in section 101 of the statute. As you can see, perform means to recite, render, play, dance, act, either directly or by means of any device or process, or, in the case of a motion picture, to show any of its images in any sequence or to make the sounds accompanying it audible. This is a very capacious definition. I'll give some examples of its reach shortly. Display is defined as, quote, to show a work either directly or by means of a film, slide, television image, or other device or process. The key word here is show. Both performances and displays of copyrighted works can only give rise to liability if they're done publicly. Section 101 defines publicly as one of two things. The first of these two subsections is sometimes called the public place clause. It classifies as public. A performance or display, quote, at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family or social acquaintances is gathered. This is the more intuitively plausible meaning of public. The second subsection is sometimes known as the transmit clause. It says that another way in which you can perform or display a work publicly is, quote, to transmit or otherwise communicate the performance or display to a place specified in clause one or to the public by means of any device or process and whether the members of the public are capable of receiving the performance or display, receive it in the same place or in separate places in the same time or at different times. That, as we'll soon see, is a very generous definition of public that sweeps within it many ways in which copyrighted materials are made available today. Those are the main statutory provisions. Now, let's turn to some examples to give these provisions a bit of shape. Here's a hypothetical but not implausible scenario, the purpose of which is to illustrate these concepts. Suppose A sings a copyrighted musical composition into a microphone in a recording studio. Record company B records A's rendition on a record. I know these technologies are quaint, but bear with me. Suppose C purchases a copy of the record and plays it on a turntable in his or her living room. Sounds are generated either from the turntable directly or more likely from an amplifier instead of speakers connected to the turntable. Those sounds spread through C's living room. Another copy of the record is purchased by radio station D. A disc jockey working for the radio station plays the record on a turntable there. The signal generated by the radio station is broadcast over the airwaves. The broadcast is represented in this diagram by the dotted line on the slide. More specifically, this is a traditional analog over-the-air transmission. It's received in the home of E, who in her living room plays another stereo depicted by a boombox. Sound comes out of the speakers into E's living room. The next day, the disc jockey plays the record again, broadcasting it again through an analog signal. This time, it's received by a tuner and an associated stereo system located in a restaurant. The sounds generated by the stereo spread through the restaurant, the customers eating their meals, hear it. The next month, the radio station shifts to a digital broadcasting technology. The DJ plays the record again. Suppose cable system G picks up the digital signal and relays it through a cable, of course, to homeowner H, who plays it through a stereo in her home. Finally, suppose that the station abandons over-the-air broadcasting altogether and shifts to webcasting over the internet. Yet again, the DJ plays the record, the owner of a laptop residing in another state, receives that webcast and listens to it in her living room. Now, let's consider the legal significance of the sequence of events. My suggestion, when you're confronted with a real or hypothetical story of this sort, is that you analyze it in three steps. Breaking the issues down this way may seem needlessly laborious, but it will help alert you to some hidden landmines. Step number one is to identify all of the performances. Keep in mind the capacious definition of performance in the statute. Also, keep in mind that when dealing with music, you have to look for both performances of musical compositions and performances of sound recordings. Let's start with the musical work. Here are all the places in the hypothetical story where and when the musical work, abbreviated with MW, was performed. When A sings the song, that's a performance. When the sound emerges from the record player in the living room of C's home, that's also a performance of the musical work. When the radio station plays the record the first time, it too is performing the musical work. This is slightly less obvious, but remember that the term performance includes to render a work either directly or by means of any device or process. That has been construed to include sending signals of this sort. When E receives the signal in her living room and sends the sound out into her living room, that's yet another separate performance. Same thing happens with a restaurant. When the station sends the signal containing a rendition of the song, that's a performance. When the restaurant receives that signal and plays it for its customers, that's another performance. Things get even more complicated when we get to the cable system. Here there are three performances. By the station when it broadcasts the rendition of the song, by the cable system when it relays that signal, and by the homeowner who receives the relayed signal and place it in her home. With respect to the webcast, there are only two by the station and by the recipient when she plays it. Each time A's rendition of the musical work is performed, the sound recording embodying that rendition is also performed, except of course when A sang it, because there's no recording yet. Why differentiate the performance of the musical work and the performances of the sound recording? Because the copyrights in these things may well be held by different parties, and because, as you already know, they're governed by different rules. All right, that's step one of the analysis. Having identified all of the performances, the next step is determine which of them are public. If they're not public, we don't have to worry about them anymore. If they are, we'll have to proceed to step three. This one is not public because it's done in the studio without an audience, and this doesn't fit either of the two definitions of public. Neither of these two performances, the musical work or of the sound recording, is public because they occur in C's living room. The same is of course true of E's living room, H's living room, and I's living room. The radio station, however, is in a very different position. Every time it broadcasts a signal containing the song, it is publicly performing both the composition and the sound recording. The relevant definition of public is of course the transmit clause, specifically this part of the clause. Quote, to transmit a performance of the work to the public, even if the members of the public capable of receiving the performance, receive it in separate places, or at different times. The result is that even if all of the station's listeners are home alone in their living rooms, the transmission of the signal to them is still public. The same is true of the transmission by the cable company. This may not be altogether obvious to you, but in a few minutes I'll return to the special legal status of cable companies. What about the performance in the restaurant? That's not a transmission, so the transmit clause is not relevant. But the other definition of public, the so-called public space clause applies. What if there's only one patron eating dinner when the song is played, or indeed no customers at all? Doesn't matter. So long as the restaurant is open to the public, the performance is public. The third and last step is to survey the public performances we've identified and determine if there are any grounds for exempting them from the reach of the statute. There are several possible exemptions, one of which you already know. If the work performed is a sound recording, and if the way in which it is performed is not a digital audio transmission, then it's not covered by either 1064 or 1066. So all of these performances escape, either because they are analog or they are not transmissions. For the time being anyway, these do not. This concludes our survey of the basics. Now, let's consider some refinements. Focus on the upper right-hand corner of the diagram. You'll recall that the way in which the music got into E's ears is that singer A sang the composition, record company B recorded A's rendition, radio station D played the record and broadcast a signal over the airways. E's radio, located in her living room, picked up that signal and converted it into sound waves. If E listens to the music while alone in her living room, the two performances that occur within the red rectangle are surely not public. Now, let's alter the facts slightly. Suppose that E's dining room is adjacent to her living room. She's the dinner party in the dining room and the invitees are able to hear the music coming out of the radio. Is that a public performance? The answer is no, the guests are social acquaintances gathered together in a room that's not open to the public. Suppose that E is a professor. She invites the students in one of her seminars to her house for dinner. The radio is playing in the background. Is that a public performance? This is closer to the line. The answer is still probably no, but an argument might be made that E's home is now, quote, a place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered. Change the facts once again. The personnel are the same, but instead of hosting her students in her house, E holds a party in a semi-separate room of a restaurant. The radio in the room plays A's rendition. Is that a public performance? Yes, the restaurant is a place that's open to the public and therefore under the first of the two clauses would clearly be considered public. Now, suppose that E takes her radio to a public park at five o'clock in the morning, tunes it to the D station and listens to it while doing some exercises. The park is otherwise empty, so no one but E hears the radio. Is that a public performance? Strictly speaking, yes, because the place is open to the public, even though she's the only listener. The chances of copyright owners pursuing her for infringement are tiny, but at least technically, that's a public performance. It's still possible that it may nevertheless be excused by one of the exceptions we'll consider later in this lecture, but E is at least presumptively in trouble. For the past few minutes, we've been considering possible applications of the first and more intuitive of the definitions of public, the public place clause. The more serious and economically important puzzles in this area arise under the second branch, the so-called transmit clause. Here are three illustrative cases. The first is Redhorn, one of the old chestnuts of copyright law. It involved a very early application of VCR technology. The defendant operated a somewhat shady operation that rented VHS tapes, but also provided small carpeted rooms in the back of the facility where you could have a VHS tape played. Here's how the system worked. A customer would walk into the front of the store where he'd see many tapes displayed. He'd select one. The attendant would place it into a VCR and activate it. The customer would retire to a room in the back where he alone or with a companion or two would watch it. The Court of Appeals ruled that this system entailed public performances of the audio-visual works on the VHS tapes for two independent reasons. First, because the facility is open to the public, this again is a bit counterintuitive after all it's only open to a couple of members of the public at a given time, but as a whole it's open to the public and that's enough to render the performances public under clause number one. The second reason is more interesting for our purposes. The performances are also public because they involve transmissions, short transmissions to be sure, presumably from the front desk or the room in the back, but transmissions nevertheless. And members of the public are capable of receiving those transmissions in the same place or separate places at different times. The Court didn't spell this out in great detail, but its analysis seems to be that a given audio-visual work is shown to successive customers or groups of customers in the same room at different times through the same transmission facility. That's enough to make it public and to make the proprietor liable for some $44,000. The second case is the important recent decision in cable vision, one aspect of which I discussed in the previous lecture. The essential facts are depicted on this slide. This is mysterious to you, please pause to review the pertinent section of lecture number seven. As you'll recall, I hope, the owners of the copyrights in the works that would be stored and then replayed by cable vision, challenged this technology on three grounds. A, that the brief retention of slices of each work in the BMR buffer constituted in the aggregate and unauthorized reproduction of the work. B, that the more durable retention of a copy on the hard drive of the Oroio server also violated 106.1. And C, that the transmission from the Oroio server to the customer, when the customer asks to watch one of his saved programs, constitutes a public performance of the work. The trial court, as we saw, accepted all three claims, but the court of appeals rejected all three. How did the court of appeals reject the third argument? It might have done so by ruling that even if the transmission involved in public performance, that transmission is initiated by the subscriber when he presses the button on his remote control in his living room, not by cable vision. But it did not. The court assumed, for the sake of argument, the cable vision is responsible for the transmission. Nevertheless, it ruled that the transmission did not violate section 106.4. Crucial to this ruling are two facts, that the transmission is only delivered to one person at a time, and that each subscriber receives his transmission from the unique copy of the work. If cable vision transmitted the work to multiple subscribers, siri atom, from the same copy, then, in the court of appeals judgment, this case would resemble red horn, which, as we saw, gave rise to liability. But the fact that each subscriber received a transmission from his own personal copy made all the difference. Here's the crucial language from the opinion. Because each RS DVR playback transmission is made to a single subscriber, using a single unique copy produced by that subscriber, we conclude that such transmissions are not performances to the public, and therefore do not infringe any exclusive right of public performance. This fact was also emphasized by the solicitor general when advising the Supreme Court not to review the decision. As we saw in lecture number seven, the ruling in cable vision catalyzed a great deal of investment in cloud-based services, several billion dollars. However, the aspect of the court's ruling, I just emphasized, renders that investment less efficacious than it could be. Why? Because constructing systems that store individual copies of works for individual subscribers is very inefficient. The cable vision ruling also catalyzed considerable innovation with respect to technologies and business models in the entertainment industry. When those innovations have been challenged by copyrighted owners, some have been held to be lawful, while others have been ruled to run afoul the owner's rights. The most important of the innovations that came to grief was the service briefly offered by ARIO, an ingenious but risky startup. To understand the nature and novelty of the ARIO system, you need a bit of background. For a long time, as you probably know, television stations have been broadcasting entertainment and sports programming free over the public airways. This system has worked well for consumers located in metropolitan areas with good television reception, but less well for consumers in rural areas with poor reception. For several decades, the latter group of consumers has overcome this impediment by subscribing to cable television services, such as Comcast in the United States. Among the many channels that cable companies typically carry are over-the-air broadcasts that the cable systems pick up in major cities and then redistribute through their cables. Do the cable companies have to pay the owners of the copyrights in the programs that they relay in this fashion? When cable systems were first introduced, the Supreme Court answered no. On the grounds that the cable companies neither reproduced nor publicly performed the programs. In 1976, Congress repudiated that position and in the process adopted the expansive definition of public performance with which we've been wrestling. Since then, the cable companies have been applied to pay copyright owners whose programs they retransmit, although the amount they pay is capped by a special compulsory license, of the sort I've mentioned before, and we'll consider again in the final segment of this lecture. Nowadays, a growing group of consumers get access to audiovisual entertainment, not through over-the-air broadcasts or by subscribing to expensive cable systems but through the internet. This arrangement works fine if the program they want is available either for free from sites like YouTube or from various fee-based on-demand or subscription services now accessible through the internet. But what if the programming they want to watch is broadcast over the airways by television stations located in distant cities? Until recently, there was no convenient way for them to gain access to that material. Enter ARIO. For consumers of the sort I just described located in the New York metropolitan area, ARIO set up a new subscription service. Here's how it worked. Suppose, counterfactually, that I live in Westchester County, I'm a fan of the New York Yankees baseball team, and I don't subscribe to cable TV. A subset of Yankees games are broadcast on WWOR, an over-the-air television station based in northern New Jersey which operates a broadcast tower on the top of the Empire State Building. When I'm at home, I watch the broadcast for free. But I often travel for work and I want to watch the games when I'm on the road. For a fee of $12 per month, ARIO would, at my request, pick up the broadcast of a particular game, convert it to packets, and stream those packets to me over the internet, enabling me to watch the game on my laptop or tablet. Now, if the way that ARIO picked up the program was by building and operating a single big TV receiver on Long Island, then it would have been working very much like a cable company, and thus would have been obliged to pay fees to the owners of the copyrights in the broadcasts of the games. But it didn't. Instead, ARIO obtained thousands of tiny TV antennas, each the size of a dime, which it arranged in arrays. Then, when I asked to see a particular game, ARIO would rent me one of those tiny individual antennas and tune it to the free over the air broadcast. One more potentially important feature of ARIO's system. The game would not be shown to me live. Instead, like Cable Vision, ARIO captured and recorded the live program. The packets sent to me would be from that personal recording. However, the result in lag time was tiny, a few seconds. A different service offered by ARIO, not considered in the judicial opinion I'm about to describe, allowed subscribers like me to timeshift programs, for example, to replay the recording of the game hours or days after it was first broadcast. But for the time being, keep your focus on the nearly live broadcasts. By now, it should be obvious that the reason why ARIO used this seemingly bizarre technology was to make its system resemble, as closely as possible, the system created and upheld in the Cable Vision decision. And thus to avoid having to pay for the material it was supplying to its subscribers. At first, it seemed that ARIO had succeeded. When copyright owners challenged the system, the trial court ruled in favor of ARIO, relying heavily on the Cable Vision doctrine. So did the Court of Appeals for the Second Circuit by a vote of two to one. But the Supreme Court granted certiorari and in July of 2014, reversed by a vote of six to three. The basis for the Supreme Court's ruling, unfortunately, is not completely clear. Justice Breyer, writing for the Court, repeatedly stressed that ARIO's business looked a lot like a Cable Television service, which Congress had made clear, both A, performed programs they relayed, and B, made those performances to the public. But what about the aspect of the ARIO system that differentiated from a Cable system, namely that each ARIO subscriber received an individual transmission from an individual copy of the program at issue? Breyer's answer in brief was that neither the subscribers nor the owners of the copyrights in the programs cared about what was going on under the hood, and so neither should the law. Breyer's analysis is distilled in the sentence that's forth on your screen. In light of the purpose and text of the transmit clause, we conclude that when an entity communicates the same, contemporaneously perceptible images and sounds to multiple people, it transmits a performance to them, regardless of the number of discrete communications it makes. This language is quite broad. Among other things, it seems to render irrelevant the factor that the Court of Appeals treated as so important in Cablevision, namely whether a transmission is made to a single subscriber using a single unique copy produced by that subscriber. Does this then mean that RSDVR services are doomed? Some copyright owners and commentators think so. My own view is no, most RSDVR systems remain lawful in the United States. The principal reason is that, although Justice Breyer did not expressly endorse the Cablevision decision, he went out of his way to emphasize several limitations on the Supreme Court's ruling against Arrio. For example, Breyer stressed the fact that neither Arrio nor its subscribers had paid for access to the programs that Arrio streamed, and Breyer strongly suggested that the case would have come out differently otherwise. Here's the crucial sentence. Quote, an entity that transmits a performance to individuals in their capacities as owners or possessors does not perform to the public, whereas an entity like Arrio that transmits to large numbers of paying subscribers will lack any prior relationship to the works does so perform. The sentence, though not a model of clarity, would seem to leave a safe harbor for cloud locker services and arguably for services like Cablevision that allow consumers who have already paid for programming to watch those programs at later times or in different places. Finally, Breyer pointedly emphasized, quote, the doctrine of fair use can help to prevent inappropriate or inequitable applications of the transmit clause. The potentially expansive safe harbor might be built on that sentence will become apparent next week. Sadly, the net effect of the Supreme Court's ruling in Arrio is to reduce considerably the clarity that, in the wake of Cablevision, stimulated so much investment in cloud-based technologies. For the next few years, lower courts confronted with challenges to businesses that offer consumers new kinds of streaming services will have to determine whether they are more like Cablevision or more like Arrio. Until the dust settles, entrepreneurs and technology innovators will have some trouble predicting what they can and cannot do. An additional source of instability is the divergence between the United States and Europe with respect to the permissibility of services of this general sort. As I hope you'll recall from the first lecture in this series, one of the multilateral treaties to which the United States is a party is the WIPO Copyright Treaty of 1996. Article six and eight of that treaty require member countries to provide copyright owners a generous version of the right of distribution and a right of communication to the public. Both provisions use the phrase, quote, make available to the public, which arguably encompasses more activities than are reached by US law. Nevertheless, after the treaty was ratified, the United States took the position that this language did not require any adjustment in US law because sections 1063 and 1064, as construed by the US courts, already adequately provided such a so-called make available right. That contention was dubious when it was first made and it's become more so over time. In Europe, as Professor Jane Ginsburg of Columbia Law School has shown, the right to make works available to the public is construed more broadly than in the United States and in particular is less forgiving of cloud-based services over the sorts we have been considering. As you can see on your screen, the Information Society Directive of 2001, which implemented in the EU, the WIPO Copyright Treaties, requires EU member states to, quote, provide authors with the exclusive right to authorize or prohibit any communication to the public of their works by wire or wireless means, including them making available to the public of their works in such a way the members of the publics may access them from a place and at a time individually chosen by them. In 2013, the European Court of Justice ruled that a British company called TV Catch Up, which had offered a service that resembled that provided by ARIO, violated this particular entitlement. The ruling forced a redesign of TV Catch Up and the company is now in financial trouble. Even more striking was the insistence by the European Commission that Italy rescind a law that had granted partial immunity to an RS DVR service, analogous to that offered by Cablevision. The United States is not likely in the near future to adopt the EU's more restrictive interpretation of the so-called make available right. But the gap between the US and the EU on the score is not good for business. In particular, it's likely to bedevil enterprises that seek to provide novel cloud-based services, not just to US customers, but to users of the internet in other countries. I've concentrated in this lecture entirely on Section 106-4 and have paid no attention to Section 106-5, the right of public display. The reasons are that the bulk of the economic and litigation action involves performances, not displays, and that the definition of display is clearer and more intuitive than that of performance. As you can see, the statute defines display pretty much the way you'd expect as to show a copy of the work either directly or by means of a film, slide, television image, or other device or process, or in the case of a motion picture or other audio-visual work, just show the individual images non-sequentially. That definition creates few interpretive difficulties with respect to real-space displays. Now, recently, information technology, such as the practice of framing websites, have generated some interesting interpretive problems, but I'll leave such matters to the discussions that will accompany this lecture. This concludes our discussion of the rights of performance and display. After the break, we'll examine some statutory limitations on those rights.


Hey guys, it's Nate, AKA The Foot Accountant. Welcome back to the channel. What we're doing today is talking about some low-budget trading methods, specifically post-team of the year. A lot of people spent coins during team of the year on SBCs, on opening packs, and trying to pack team of the year cards, maybe to no avail, maybe do a lot of success. But if you have a low amount of coins right now, or even if you just have a lot of cards that you're trading with right now, and you don't have that many coins to actually use, I've got some cards in my team that I'm trying out as well as trading with, I wanna go through some low-budget trading methods, specifically for like the zero to 100,000 coin price range, and see if you guys need some help in those areas, like rebuilding your club, honestly rebuilding your ultimate team after you've opened a lot of packs during team of the year, or during the second half of the year in general, I think a lot of these methods are gonna help you guys out because there are plenty of things in the game right now that require low-budget cards, and that people buy for SBCs. A lot of the stuff that we're gonna be doing today revolves around league SBCs, or revolves around bidding, because a lot of people, this is the way they store up packs, right? And since we're in the second half of the year in FIFA 21, there's a lot of promos, right? You think about future stars, you think about shapeshifters, winter refresh. We've had headliners already, but possibly Carnaval or other promos that will happen in the second half of the year until we get to team of the season. EA likes to give you the promos roll in that second half of FIFA to keep their audience interested. So, a lot of ways people do to get packs in order to try to pack those new promo cards is league SBCs. This is a way that people can get packs almost at any point of the year. Now, these are different this year because they don't actually give out a player as a reward.  So let's talk about the first things, right? How did you know what kind of cards to look at if you're in a low budget? What kind of price range cards do you wanna be looking at? Well, the first thing is, I like looking at league SBCs, and I'm gonna take a look at the Champions League SBC right now. This is a league SBC that is basically the UEFA Champions League, and as you can see, the set as a whole costs 123,000 coins right now in the market. A lot of the squads are around 7,000 to 16,000 coins. Now, you wanna try to find one of these SBC solutions towards the more expensive side of things for squads because when you see a squad that is more expensive or a challenge that is more expensive, that means people are having to shell out a few more coins, and there's probably cards inside that solution that are going to cost you a couple extra thousand coins for whatever reason. You see, if we look in here, 2K for Ritz, this guy's 2.3K. Basically, these Club Brug cards are making it into a lot of the SBC solutions, and they're up in price, right? Maybe not right now at the up in price, but these league SBC solutions, we talk about trading with league SBCs all the time because these cards naturally rise and fall on the market because the way they get sorted inside of this is I just sorted by the cheapest PS4 price. So right now, if I'm actually going out and looking at this squad, which is the quote unquote cheapest, some of these guys are 2,000 coins apiece. They might not actually be 2K, or this guy, Dennis, 800 coins. He might actually be 1.2, 1.3K because this is the cheapest solution that's popping up. People follow it and they just buy the cards. They don't actually look at the prices and try to find the cheapest card. So this is one way that we can trade right off the bat. And I'm using these Champions League cards as an example because not a lot of people, not a lot of people actually trade with these cards. I think it's this Emmanuel Dennis is his name. A lot of people like to trade with silvers and gold, but they forego the trading methods and the money that you can make on these Champions League cards because of that UCL SBC. Now we take a look and at 1.3K, how many of these Dennis cards are out there? There's a lot of them at 1.3K, 1.2, and then there's two sitting here at 950, right? You know, if I buy these at 950, I could probably sell them for 1.2K, very small profits. That's what we're after if we're flipping on a very low tier budget. But the number one thing I wanna talk to you guys about here are bids, right? Take a look at these bids. This Dennis, look at all these 650 coin bids on these Champions League cards that go for around 1,000 coins or so. You can snag these guys on bid at 650 all the time, right? All the time these guys are going on bid because these cards are only really needed for SBCs. People aren't really playing the game of FIFA with these cards. So you know this Dennis guy sells for 1,000 coins, add a bunch of the open bid cards to your watch list, try to get them on bid for 650 or 700 or in a range where you know you can make profit and just flip the card, it's as simple as that because all of these cards have constant demand because people are always trying to build packs to stack up to open in FIFA. A lot of content creators, a lot of people that just wanna open packs for the new promo cards that come out almost every week, this is a fantastic way to trade, right? So we talked about, you know, getting into these SBC solutions. Now you can do it with many other SBCs, not just the Champions League, right?  Let's click on the Premier League, League SBC. Of course, you wanna make sure that you're finding a squad in here that costs, you know, probably around 10K or more because you wanna be trading with players that sell for over 1,000 coins if you're on this low budget, right? Let's look at one, a squad is definitely gonna have some silver players in it, I would imagine. Of course, West Brom is very expensive. Let's look at Wolves. There's probably some silver players in Wolves will sort by lowest price on the PS4, and boom. All right, so there's one brick in the solution. You have some silvers in here. You have some bronze cards that are in here as well, right? Take it like Bor-Rasmussen, 800 coins right now is making it into this cheapest SBC, and of course you have some non-mears, right? You take a look at these non-rare prices. Adama, 1,500, Johnny is 1,100 coins. Maybe you look at some of these bronzes, right? You know, these guys are really, really rare. Let's take up, let's look at this right back. Bor-Rasmussen, how much is this guy going for? Fupin says he's going for 800 coins, which is actually pretty correct. You can see there's a lot of bids on this, right? So people know that this guy can sell around 1,000 coins. They're bidding on it for 800 coins, making a very, very small profit. One thing you can do also with these cards is you can find filters and snipe them on the market. So we just talked about how you can actually use the League SBCs and the solutions on Fupin, but there's also different filters out there that you can find that you can just consistently snipe or bid on cards that fit under one big filter. Now one that I found, and I don't trade with a lot of silvers, there's probably bigger filters out there, is right mid that are from the Serie A, that are silver, right? Silver right mids from the Serie A. Now, a lot of these guys are going for 650 to 700 coins, but let's take a look at some of these on bid. You might be able to find some of them for 400 coins on open bid, right? 250, and this leads me into the second part that I wanna talk about. So of course, some of these guys like Decile Vestri, he's from a team that I think requires a lot of silvers in the League SBC, so he's not selling for 650 with the cheapest right mids in the Serie A. He's selling for over a thousand coins. So this leads me into another filter that I can talk about, right? Yes, you can snipe by position, by league, by quality. There's a lot of filters that are out here like this. The right mids from Serie A that are silver is a big one, but let's go silver again. Let's go Serie A. We'll go with a max bid price, let's say of 600 or 500, and a minimum buy now price of 800, right? This right here would be a filter that you could set up for any league, any nationality, for silver cards specifically. And what it's gonna do is it's gonna show you silver cards that have a bid of less than 500, but at buy now price of over 800. And what you do here is you do a lot of compare pricing and you do a lot of looking at those cards as they're about to expire. Now right now I think I have an interesting filter set up for some reason, it's just showing me silver commons, which I don't like, but you can set filters up like this in order to find low bids on silver cards that are about to expire. Now the one tip I will give you with this is a lot of times it will show you cards that are about to expire. They have like a minute left or 30 seconds left. What you're gonna wanna do is you're gonna wanna compare price on the card, or you're gonna wanna click into the card you just looked at, click add to transfer targets, and then from there you're going to wanna compare price because if you see this card as a 150 bid on it and it sells for about 1,000 coins, the cheapest one on the market, then sometimes when it refreshes your transfer market after you compare the price, you go back here and it's gone. So if you add it to your transfer targets, that is a key way to know that you're not gonna be losing that card in when you go and compare price. You add it to your transfer targets and you're not gonna lose it to another person who's bidding on it. So these are the filter refresh for me right there. See now it's at 30 seconds left, right? So this Denmark center back from the Sierra 44 seconds left. I don't wanna miss out on this deal, so I'm gonna add it to my transfer targets. Looks like his cheapest card on the market right now is 800 coins, 600 and 650 coins, right? I still know that I could bid on this for 350, make a profit by selling at 600 coins, right? Or this silver from Torino added transfer targets, compare price, 74 rated, looks like he's got bids around 700 coins, not a huge amount of profit there, I might skip on it, right? Here's a French center midfielder from the Syria. Looks like his cheapest card on the market is around 1000 coins of 1200. So I'm gonna compare price on this, 250 is the current bid, right? 250, I'm gonna bid 300. Oh, see there's people bidding up and now. So that's something to kind of keep in mind. Brazilian goalkeeper, I'm pretty sure Brazilian goalkeepers are really rare in this game and they're needed for SBCs at some point. This one's only 550 though, really not a lot of profit, but this is one way that you can look for cards that are gonna go too cheap on bid and you can compare price and look at what they're actually going for on the market and this works with literally any league. We can do this with league on because they have a league SBC which puts some silver cards in demand. You can do this as a Premier League, the La Liga, the Bundesliga, any league that's a league SBC, you can bid on silvers like this. This is one of my favorite ways if I'm on a low budget to try to get my coins back. So that is option number two for some low budget trading. Option number three, and this one is something that I used to do a long, long time ago when I was brand new to FIFA Ultimate Team and I like trading with non-rare golds, specifically the ones that are involved in marquee matchups, but it just depends on what is really desired in the game at that time. So what you see me do here is I search by gold common and I'm gonna go to the top five leagues. Premier League non-rare golds, it looks like they're expiring at 500 coins a piece. What about at 450? 450, they're getting insta-bought for Premier League common golds. Let's go to league one. What are these going for? 450, wow, league one common golds are very cheap. We wanna stay away from those. There's no money to be made there. Serie A, 450, they're expiring as well, right? So what I'm trying to do right now is find a league that has common gold cards that are not expiring at 450 coins. So I only have one more to go, La Liga. Okay, so La Liga non-rares are selling at 450 coins on the hour. So one thing that I always did back in my early days of FIFA trading, this kind of got me into trading right here is since I know that Premier League golds are selling for like 450 to 500 coins, I'm gonna go and try to buy loads of them on bid for 400, right? Loads of them. And then some cards like this, Carlos Vinicius, might have some better links, might be a little bit inflated because of the SBC. So what happens, you just go through here and I'm gonna mass bid like 350 or 400 on literally all of these cards that pop up in the last minute. And it's kind of mindless, right? You just bid 350 to 400. It's a lot of bidding so you can get bid banned if you're not careful and if you do it for super duper long amounts of time. But the, I guess the advantage to this is you're making very small profits but you have so many cards that it adds up very, very quickly. I made on a couple days over 100,000 coins using that method by simply just bidding on so many cards, filling up my entire transfer targets, listing up the ones for 450 or 500 coins that I got on bid. And then of course clearing the ones off my transfer targets that I did not win. So that's kind of a more grindy or sweaty method, I guess you could say. But that's something you can literally get on the game and do at any time in FIFA. Now I think on Thursdays from our key matchups, you see a lot of supply on the silver. So the silvers that we talked about, they have kind of weekly fluctuations as well. They usually go up a little bit on the weekends as people are trying to pack cards from the new promo that are out. They go down Sunday nights and into Monday mornings because of the squad battle rewards packs. So silvers get supplied like two times per week squad battle rewards and marquee matchups. So Thursdays and Sunday nights are great times to actually get in on silvers and some non-rear goals as well that are supposedly needed for marquee matchups and for other SBCs around the game like league SBCs and objectives, right? Some of these cards from league objectives are probably up right now because you have objectives that are out that people are wanting to be doing and wanting to get involved with. So kind of keep the SBC and objective demand in mind when you're figuring out which cards you might want to trade with using these methods. Now, once you've worked up a little bit higher, maybe you have like 75,000 coins like I have, one of the most popular methods for low budget is this one right here, the 10, 20, 30 method. You set up a filter just like this, right? Quality Silver, Quality Special, Minimum Price 10, 250, Max Price 20,000 and Minimum Buy Now Price 30,000. And this is basically gonna give you, when you search, cards that are expiring on a low bid, under 20,000 coin bid, and have an over 30,000 coin buy it now price. So what you're really trying to find is an Inform or a special card in here, Phil Foden for 15, 250, right? What I'm gonna do is I'm gonna go to Footbin and I'm gonna search Mr. Phil Foden because he's a man of the match card that is in packs right now and I'm pretty sure a man of the match is discard at 15K. Well, Phil Foden looks like he sells at 15K, so that's not a deal. But what I'm gonna do here, I have Martial, 84 rated center attacking mid. He might be inflated a little bit because of SBCs that are out right now. This card sells for 15K. So I would try to get that guy at like maybe 11 or 12K. He has a Hunter chem style, might mean his card is a little bit more valuable than other ones, which is why that person is paying more. But this filter is gonna show you all types of special cards in the game, Informs, man of the match cards as we've seen. UCL cards, somebody has mass listed these with Merrill's here for 20K and 70,000 coin by now, which is really crazy and annoying. But a lot of these guys, you're gonna be able to do short-term flips. And what you're gonna have to do is have Footbin over here on the side that you're gonna be able to look up and try to search these player prices right away. Like I'm looking at a Ryan Kent card. This guy sells for 14,000 coins, but it looks like he actually sells for 15K. So you know what, maybe I try to get this guy on bid for cheap or any of these cards here that you see expiring at cheap prices. That's kind of a 10, 20, 30 method. So you have Footbin on the side or you know the player's price in your mind. You know where you can sell them at. And this is gonna be a great way for you to try to find some of those open bid deals. Joe Gomez, how much is he these days? Joe Gomez, UCL card on the market is 11,000 coins. So we wanna stay away from that one. There's no money to be made there. So this is just one of those methods that's a bit grindy, but it's very, very worth it. And it can be very, very profitable because you're basically just bidding. You're basically just bidding on cards that are very cheap, very low priced. And you can easily make three to four to 5,000 coins if you find like this Milan inform. Wow, this guy sells for 11K, really interesting. But you try to find some players. And this specifically works really good at nighttime. And when you have players pop up here towards the end of their listing cycle that sell for around 30, 40, 50,000 coins that you can maybe snag on bid for like 20,000 coins, right? The ideal flip under this filter is to buy a card for 15K and to sell it for like 20,000 coins. So you're making small profits, but there's so many cards that are expiring every single minute that there's tons of potential to make those bids and to make those profits on cards that are expiring on bids. So there's a lot of competition on some of those bids, but that's another one of the ways that you can be trading with a low budget right now in FIFA. And this is stuff that works all the time, right? It kind of works all year, especially 10, 20, 30, especially the trading with the league SBCs and the Silvers and stuff like that. So as you can see here, I did win this bid on my center midfielder that was Danish. So I'm gonna list this guy up because I'm pretty sure he was like 700 coins or something around there. So I'm gonna make a cheeky 300 coins after my 5% tax on this card. I'm gonna listen at 650. Boom, I'm making 300 coins right there. If I can do that, like if I can win two or three cards every couple of minutes, you're just gonna start raking in the coins.  These cards are over in the 100,000 coin range and bigger profit to be made on even some of those cards. So that's the low budget trading video. I know a lot of you guys have low coins since it's after team of the year, but you wanna build it back up. Hopefully these methods will help you do that. If you did enjoy it, make sure you hit the thumbs up. Comment down below if you have any questions and subscribe if you're new. It's been Nathan for the Count and I'll catch you guys later. Peace out.


what keeps you going every day my family how do you start your morning by giving my husband a kiss if you could only give one piece of advice what would it be never regret what would have been your dream job as a child to be an architect now if you could teleport anywhere right now where would you go Kathmandu and why there because all my references are gone there even trickier if you have a superpower what would that be to fly I would love to see the world from a different angle turning digital your most used emoji I have actually three one with the sunglasses the second one which is totally upside down and the third one with a little kiss and the heart your favorite place in Europe Brussels it's my home I feel great there and your favorite food french fries but I actually belgium fries I'm really sorry for my french colleagues talking about belgium what would be the word you use to describe your own country culture surreal and the one word you would pick to describe yourself passionate can you name one gadget you cannot live without lipstick


e name of James Kelly, on the living wage, be agreed to. Are we all agreed? The Parliament is not agreed. We move to a vote. Members should cast votes now. The result of the vote on amendment 11398.2, in the name of Angela Constance, is as follows. Yes, 64, no, 39, there were 15 abstentions. The amendment is therefore agreed to. The next question is that amendment 11398.1, in the name of Mary Scanlon, which seeks to amend motion 11398, in the name of James Kelly, on the living wage, be agreed to. Are we all agreed? The Parliament is not agreed. We move to a vote. Members should cast votes now. The result of the vote on amendment 11398.1, in the name of Mary Scanlon, is as follows. Yes, 15, no, 103, there were no abstentions. The amendment is therefore not agreed to. The next question is that motion 11398, in the name of James Kelly, as amended, on the living wage, be agreed to. Are we all agreed? The Parliament is not agreed. We move to a vote. Members should cast votes now. The result of the vote on motion 11398, in the name of James Kelly, as amended, is as follows. Yes, 64, no, 37, there were 17 abstentions. The motion, as amended, is therefore agreed to. The next question is that motion 11410, in the name of Joe Fitzpatrick, on the designation of a lead committee, be agreed to. Are we all agreed? The motion is therefore agreed to. The next question is that motion 11411, in the name of Joe Fitzpatrick, on the office of the clerk, be agreed to. Are we all agreed? The motion is therefore agreed to. That concludes decision time. We now move to members' business. Members should leave the chamber, should do so quickly and quietly.