Entertainment Lawsuits

Everyday there are millions of law suits filed in the entertainment industry. Listing to Episode 22 – Violent Games, (anti) Slapps and other painless fun is extremely eye opening. Multiple cases were discussed with Gordon P Firemark however “Rebecca Black’s ‘Friday’ Taken Off Youtube” was extremely enlightening. This case involved Rebecca Black v. Ark Music as Rebecca’s lawyers claim copy right infringement as well as right of publicity.  Youtube is used for various reasons including advertising one’s song just as Rebecca did. Rebecca received millions of hits on Youtube and quickly went viral. The TV show; Glee; even got their hands on the video to create an episode of Rebecca Black’s “Friday” song.  In order for Glee to have produced an episode of her song, there has had to been some form of agreement or sync license received for the show and CD distribution with Rebecca and the Glee producers. The issue arises as she is a minor and who owns the rights to the music, the name, the song and even video? The newest copyright I now understand is the right of publicity. In Rebecca Black’s case; the question remains the same; who rules the right of publicity? Rebecca used Ark Music Records to produce the video and now they want to capitalize. Ark Music had no understanding of how big the song would become. Instead of thinking like a record label, Ark just rented out the studio and accepted the cash from Rebecca’s mom. Ark Music Records should have protected themselves know there are millions of young adults trying to become famous through a variety of avenues.

                The lawsuit filed between Murphy v. Millenium Radio Group, LLC is a case which relates to JM Productions. Peter Murphy took a photo for a New Jersey magazine and Millenium Radio Group took Peter’s photo from the magazine and placed it on the radio stations website. The photo in the magazine did have a gutter credit on the bottom of the photo however Millenium cropped out the copyright. There was no watermark on the top of the photo which could have saved Peter Murphy from copyright infringement. The Millenium Radio Group further more spoke for 45 minutes on the air using inappropriate language about Peter Murphy, called deformation. They later deleted the photos understanding the consequences.

                Most importantly JM Productions, an online promotional company, will require receiving copyright of all photos avoiding any lawsuits such as Murphy v. Millenium Radio Group. JM Productions will continue to work closely and develop relationships with the photographers. This will allow for a smooth agreement to be in place as JM Productions promotes Christian musicians using photos, biographies and more about the artists.

http://www.ca3.uscourts.gov/opinarch/102163p.pdf

http://www.entertainmentlawupdate.com/2011/07/761/

http://www.hollywoodreporter.com/thr-esq/rebecca-blacks-friday-taken-youtube-202893

Musicians Legal Rights

A lawsuit was filed this week against the writer of Vashawn Mitchell’s hit song Nobody Greater, Darius Paulk; along with EMI Christian Music Group (Vashawn’s record label) and Sony Music Entertainment (EMI’s distribution partner.) Gospel artist and Pittsburgh native Travis Malloy claims in the lawsuit that he helped write the song but wasn’t given his credit and therefore hasn’t made any money off of the song. 

Vashawn Mitchell’s, the writer of the hit song, Nobody Greater received a lawsuit along with EMI Christian Music Group, (Vashawn’s Record Label) and Sony Music Entertainement. (Distribution Partner) Travis Malloy, a Gospel artist claims he was not given credit and any money associated with the song as he assisted in writing the song.  Most writers do not sue or file a lawsuit prior to the song going platinum or becoming popular, due to the money and time that is involved.

Per the documents, “In 2010, “Nobody Greater” appeared on Vashawn Mitchell’s album “Triumphant” and has sold over Seventy Thousand (70,000) copies. The complaint states, “defendant EMI has released the song for sale and has obtained an interest in the composition and have collected over Two Hundred Thousand Dollars ($200,000.00) associated with the song writing and performance royalties. Fifty percent (50%) of all monies collected are due to Malloy based on his ownership in composition.”

After reading the lawsuit that was filed, my question would be, what determines the means of co-writing. When an artist writes a song, assists with writing a song their needs to be clarity to determine when the writer would receive royalties. I do understand that a writer would not necessary file for rights the moment the song was released, as the opportunity to receive any royalties or acknowledgement wouldn’t be necessary if the song did not soar to popularity.  In the music industry, what accounts for lyrics, words, melody, as well as music key? Does all of this qualify as co-writing or having a part in the success of failure of a song? One, such as Travis would only fight for something that is doing well, most do not want their name associated with a song that has not become a hit to the public.

http://blogs.bet.com/music/the-gospel-according-to-torrence/2011/09/torrences-take-on-the-nobody-greater-lawsuit-situation/

Eastland Music group, based out of Illinois is suing for the trademark infringement of 50/50. Summit Entertainment as well as Lionsgate and Mandate Pictures released the movie titled 50/50 in September and the movie “so far as grossed early $34 million at the box office and up for an Oscar nomination.”  Eastland is requiring all revenue to be turned over to them, anywhere the 50/50 title is used to be destroyed as there is confusion being caused with there website also titles 50/50.

            I believe the confusion, which needs to be clarified is the point in time the website changed from “Phifty-50” to “50/50”. If Eastland did not formally register the “50/50” as a trademark then the entertainment affiliates have every right to use the name. This is a great example of understanding what needs to be trademarked for any reason someone may come and pick up the same name, logo or even slogan.

http://www.hollywoodreporter.com/thr-esq/50-50-movie-seth-rogen-lawsuit-263572

Adam Lambert, possibly ineligible for American Idol, season 8? That is correct, a lawsuit filed claims Adam was already signed with Music Services and co-publishing agreement, which makes him ineligible to appear on the reality show American Idol. Lambert signed a deal through Music Services Agreements with Welsford before he went on the show.  The executed deal claims “Welsford paid Lambert more than $200,000 for living and recording expenses.”  Adam had recorded 13 songs and even uploaded several on his MySpace account without the publishing company’s authorization.  Now that Lambert has become famous, Welsford decided to release the original recording, however Welsford was told to remove the songs from distributors, as there has been infringement rights.

Personally, my thought behind the lawsuit is once again, once someone or something becomes famous and revenue/profit ability is obtainable lawsuits will be filed as most if not all want recognition as well money. The article does not state or show the actual documents however I feel I need to see the exact deal that was signed between Lambert and Music Services before he entered in American Idol.  I can only assume, however if there are clear dates in which he signed stating the songs he was currently working on to distribute and release Welsford should receive royalties for the music that is his current label is producing.

In today’s society people want fame and they want it quickly. If one can receive that short-term goal they feel the long-term issue, which will arise, can be handled later. I feel Adam took the opportunity for a chance at American Idol knowing his exposure would be greater and quicker. If American Idol did not work out, he would always have the opportunity to go back with Music Services. Overall, an agreement is a binding agreement and Adam should have taken the time to understand the regulations that were involved if he did hire a lawyer.

http://www.hollywoodreporter.com/thr-esq/adam-lambert-american-idol-ban-257721

Be Active in One's Business, Don't just work on It!

Operating a business is no different than managing your own personal bank account. Dave Ramsey is a person money management expert and has the tools to not only bring people out of debt, but keep them out of debt. I believe his philosophies can be taken and used in managing one’s own business. “Ramsey knows first-hand what financial peace means in his own life – living a true rags-toriches-to-rags-to-riches story. By age twenty-six he had established a four-million-dollar real estate portfolio, only to lose it by age thirty. He has since rebuilt his financial life and now devotes himself full-time to helping ordinary people understand the forces behind their financial distress and how to set things right – financially, emotionally, and spiritually.” (Dave Ramsey.com) Understanding on how to spend one’s money, investing for oneself and being able to give to others is something all should understand.  He offers classes and events, one being held in January in Atlanta GA.  He also extends his knowledge to leadership events with everything you ever wanted to know about building and growing a business.  A Entreleader of Dave’s course claims his secret to being successful in business requires “intentionality, which means stopping the daily grind long enough, and on a regular basis, to look beyond today, set some goals, and then plan strategic steps to reach those goals. It also means weighing the costs and the potential returns of outsourcing some of my responsibilities to others so I can, as Dave says, "work on my business, not just in my business.” (Brad Tibbs)

I would advise anyone to take on the challenge before starting a business and take his 13 week program called Financial Peace University (FPU). The program educates participants about how to reduce debt, gain control of their finances and learn new behaviors around money.  “More than 70% of Americans live paycheck to paycheck. Thirty-three percent of Christian marriages end in divorce, and money problems are the number one cause.” (Dave Ramsey.com) Why become part of that statistic? Take the course today and the knowledge can only be an added benefit when starting a business and investing one’s money.

http://www.daveramsey.com/entreleadership

http://www.daveramsey.com/media/pdf/press_room/dave_ramsey_bio_08.pdf

http://www.daveramsey.com/article/entreleader-spotlight-brad-tibbs/lifeandmoney_business/

The Management Agency

As I take this journey to receive my Master’s Degree in Business Entertainment, I continue to teeter on the right business opportunity in which I would like to pursue.  My passion for consulting others on advertising, marketing and the future world of digital media combined with my love of Christian Contemporary Music leads me to further research and understand the current opportunities as a Sales and Marketing Consultant. I recently came across The Management Agency website which includes Marketing Web Design, Promotional Tools, Management Development, Events, Artist and Tour Development. There services are an extreme interest of mine, which incorporates my love for Christian Music. Through my current church, Buckhead Church, I currently have networking relationships, which would allow me to succeed with this opportunity.

The Management Agency, connecting artists with ministry, showcases their “30 years' experience in church and ministry business administration, Christian education, worship team training & development, and in the management and administration of tours (domestic & international), events of all kinds, non-profit consultation services, and artist development, administration and management.”  (The Management Agency) Their experience along with an artist testimony gives them a decent amount of credibility. After reviewing their current roster of artists and their websites I have the understanding The Management Agency focused on evaluating the artist who were mentioned in Chapter 9 of The Business of Artist Management. Just reviewing their roster of artist’s websites I am able to see the distinct sound of each artist as well as their videos, which focuses on their physical appearance and musical history through their biographies. Without evaluating the artist the Management Agency has less opportunity for a successful business.

Overall, I will continue to not only keep abreast of The Management Agency, in addition to their current artists development and growth. As technology changes, so will the consumer on how they are reached IE; facebook, twitter, email and iTunes. The Management Agency must continue to be innovated and they will grow their business further. 

http://www.themanagementagency.com/web_design.html 

A Few Selected Words from Aris Golemi

I was first asked to write this blog after interviewing someone in the entertainment industry. Understanding there are multiple people I could reach out to, there are a select few who I respect and appreciate in the industry.  I previously worked for a small dance studio, Dance 101. Through the owner of Dance 101 I met Aris Golemi, founder of Xcel Talent Agency, who represents dancers from the Atlanta and Nashville Market. I have had the fortune opportunities to work for him, which included gigs for Atlanta Braves, Atlanta Marriott and much more. Respecting his knowledge for the industry and having integrity for myself  goes along way. 

Aris, a former dancer himself, began his dance and choreographic career at the Academy of Fine Arts in Tirana, Albania where he earned a Bachelor Degree in Choreography. He has garnered tremendous recognition internationally for his outstanding achievements in the industry. Aris was a Celebrity Judge for 'Sprite Step Off', a new television show on MTV 2.

“His music industry connections, his loyalty to his clients, and his work ethic made Xcel Talent Agency the leading dance agency in the South in a relatively short period of time. “ He says it’s about staying humble and true to himself as well as the artist he is representing. Giving respect to the artist keeping their interests first has given him much credit worldwide. Aris is proud as he states, “We take pride in connecting the best individuals to fit the exact needs of producers, directors and choreographers for locally, nationally and internationally mounted productions. “

After Speaking with Aris I can honestly see why he represents a well-rounded group of talent and is able to work with an incredible group of well-known artists. He is confident in his status and role, which entail is showcased through his artist’s respect. Aris has autonomy as well as he showcases his control through the perception of his talent.

His last piece of advice, “You have to believe in the people you represent and their talent. Once you establish their worth, you fight for it. Simple as that”

Meta Tags:

His Services include Film, Television, Music Videos, Commercials, Print, Theatre, Tours and Artistic Development. Xcel's talent pool has been booked with some of the biggest musical acts in the world including Beyonce Tour, Taylor Swift Tour, Usher Tour, Stomp The Yard 2, Step Up 3, Victoria’s Secret Fashion Show, VMA Music Awards, BET Awards, So You Think You Can Dance Canada and So You Think You Can Dance Poland, The FedEx Orange Bowl Halftime Show, The Gator Bowl Halftime Show, Sunday Night Football, Mc Donald’s Commercial, NCAA March Madness Commercials, Georgia Lottery Commercials, Nike Commercial, T-Pain, Rihanna, Britney Spears, Brooks n Dunn, Faith Hill, Toni Braxton, Kid Rock, T-Pain, Ciara, Toby Keith and Ludacris among others. Xcel is also the exclusive agency of the NBA Atlanta Hawks Dance Team, NHL Atlanta Thrashers Blue Crew, Georgia Lottery and Gaylord Hotels among others.

What is the Future of Advertising?

The new world of marketing is about adapting to what the consumer is wanting. “The online consulting space is estimated to be a $15 billion dollar industry. Jim writes on his blog at jimjinright.com; there are many business operators that have failed to realize that the marketing paradigm has shifted from traditional marketing to web based marketing.” Times were good when companies were investing in Print, Tradeshows, Billboards, TV, Direct Mail and even Telemarketing. At the economy moves on a downward spiral and consumers are moving to the electronic devices, companies are looking for ways to speed race their marketing to social media and online advertising. Many consumers are looking for details  and what is the fastest way to reach the consumer than in the online space of advertising. This includes social media, targeted search marketing as well as mobile marketing. It is said that over 50% of people have a smartphone or and iPhone.

A new report by Forrester Research forecasts that U.S. interactive marketing spending will reach $76.6 billion by 2016, equal to TV spending this year and comprising 35% of all advertising. That's a big jump considering that this year interactive will comprise 19% of all spending, according to Forrester. With the fastest growing category in mobile many companies are trying to stay a head of the curve with M.websites for Driods, iPhone and iPads.  Mobile is set to reach $8.2 billion in 2016. (Cotton). Cotton also predicts the rise of subsidized hardware from media giants such as Google and Yahoo, which would look to embed ads into the displays of smartphones, tablets and e-readers in return, creating the possibility of enhanced user targeting for advertisers. It also foresees the onset of daily deals fatigue.

As one continues to increase their marketing spend, one must continue the online trends of the consumer. Multiple generations are now using the Internet to look up a variety of information. Personally in my late 20’s my generation always wants information as it was yesterday, we are the type that must have the answers now. Companies must continue to look into innovated ways to constantly reach their consumer. If they do not, their competitor will. Do not let your competitor beat you and rise because of new online, media and digital advertising.

http://adage.com/article/digital/interactive-marketing-spend-hit-76-6b-2016/229444/

http://jimjinright.info/

Keeping Your Employees Happy and Stress Free at Work

Majority of businesses are reducing their staff and placing more work on less employees. This causes employees to be stressed out, unhappy and even employee sick days to rise.  The question business owners must ask them selves, “Am I saving any money by reducing my employee head count?” Fast Up Front staff writers talk about the top three things companies must focus on.

Make sure employees’ jobs are doable. Do not over load them with work. Combining multiple jobs into one and still offering a lower compensation will not keep employees happy. The staff writers of Fast Up Front say it very well, “ Where it isn’t, then the cutback is no longer profitable, since much money will be lost due to a subsequent decrease in productivity, motivation, quality of work and overall employee loyalty. It is better to see where hiring another worker, outsourcing, or bringing in temporary help can reduce responsibilities.

Another opportunity within an organization to keep employees stress free and healthy is to institute a wellness program. Most people think of having an on-site facility however the cost in obtaining a professional gym is expensive. Seminars, outdoor events, discount’s to a local gym will allow employees to reenergize themselves. Offering department potluck lunch and out of the office activities is another way to keep employees healthy.

Lastly, the most important is managers; vice presidents, CEO and owners need to show they care. Caring for their employees during work time as well as personal life goes along way.  This brings joy, positive attitude and happy workers.  As the staff writers of Fast Up Front mentions, “keeping the lines of communication open between you and your workers is the best thing you can do. The worst thing you can do is give over the attitude to your workers that they should just be happy that they have a job, while you turn a blind eye to their issues and concerns.”

Starting a business is a large undertaking, but one of the financial burdens includes keeping employees and not experiences a high turn over. As the economy struggles to move in the upward direction, the three items discussed will offer solutions to keep their employees happy at their job, as raises cannot always be given. 

http://www.fastupfront.com/blog/human-resources/stressed-out-depressed-employees-sick-employees-keeping-workers-healthy-happy/

Christian School Growth Opportunity

The Association of Christian Schools International is a fantastic website for networking and resource information. The website offers categories of programs, resources, conferences, workshops and much more. The Association of Christian Schools International also offers forums on the website especially in the social media section. This allows industry employers to network, ask questions, and receive feedback on social media vehicles as well as ways to which social media can accelerate the Christian Schools. Another section of this website is the Early Education Services which offers “Updates from the Fields”, new and exciting programs and ideas from each region of the United States. Throughout the entire association website there are networking links which lead the consumer to further information within the Christian community.

Signing up for the Southeast monthly newsletter will keep me abreast of the new and upcoming things that are happening. A great example in the July newsletter lets readers know there is now Federal Funding is now available for Professional Development. They also give further information about conventions where leaders can attend and network with other industry leaders. Another helpful piece to the association is webinars.  “Their goal is to enable educators to be effective and efficient in their education calling.” Looking into their certification section brought awareness to the option of going through the association as they offer certification for early childhood education leaders. This will allow my organization to be trusted more by families as they are confident in leaving their children with an accreditation school. This certification will allow my business to stand out above the rest and give a unique advantage.

Overall the association of Christian Schools International will also allow me to compare and see what other groups, organizations and leaders are doing across the country. Sharing ideas, collaborating with others can only help the industry succeed in a positive way for the children of the next generation. This is a website I will be adding to my RSS feeds and be joining as well as reading often as possible.

The Greater Atlanta Christian School has a fantastic website looking into the different levels students go through, from early childhood learning to elementary, junior and high school. The website has a large amount of information from clubs to activities to the presidents blog. Understanding the mission and networking with faculty from the Greater Atlanta Christian School will allow opportunities for Big Kid Care to partner for the students. Once students graduate from Big Care Kid program families would have a connection and understanding of where to send their children for elementary school. Networking and partnering with the Greater Atlanta Christian school will also all Big Kid Care to keep their curriculum in line with what is being taught at the school allowing for a smooth transition. Looking at the tuition also gives myself good bases for pricing on a yearly basis for Big Kid Care.

Pastor Rick Warren on “A Life of Purpose”

Listening to Pastor Rick Warren on “A Life of Purpose” speech really inspired me from a spiritual and emotional perspective. He references many areas of the Bible, one which speaks about what Moses is in his hand, a staff.  Identity of what he was, his career and in addition his income as well as his influence.  “What is in your hand?” Rick quotes, explaining as such music artists have a microphone in their hand, stating they have been granted the gift of singing and the microphone represents their career, their income and what influences them.   From God, these artists have been given the talent of singing and performing.

Rick mentions his “Purpose driven book” where God gets excited to see what one is doing with the talent they are given, about making the world a better place. It is not about you, or myself but what we as God’s children can do to make a better place for others. He also asks the question, what am I wired to do? What talents have I been given to be able to give back?

This speech to me is so inspiring in moving forward with my inspiration of opening a Christian Childcare center or a Christian Book Store.  As I move forward in my faith realize exactly what Rick references, what am I wired to do?  With my creative business understanding and love for children I feel as if I am wired to fulfill my purpose with Christian minded businesses. What I choose to do with my life shows my identity, influence and income. It is not about just going to work, watching tv and for me I had danced 6 days a week, its more than that as Rick explains.  I have been changed and his speech just reiterates my purpose in life.


http://www.ted.com/talks/rick_warren_on_a_life_of_purpose.html

The South's Premier Christian Music Festival

“The Atlanta Fest, the South’s premier Christian music festival and America’s best Christian music and family entertainment value came to Stone Mountain from June 15-18 of 2011. “ (Atlantafest.com) This is no ordinary weekend festival. There is much planning, budgeting, executing as well as team management involvement. Without a doubt having been to Nashville’s Country Music Festival four times, there are several project managers in a production of this size.  In addition to musicians who are flown in from all over the world, there are national speakers added to the festival. These speakers are “designed to work in conjunction with the music to deepen the Atlanta Fest experience.” (Atlantafest.com)

            A year prior to the fest the project manager must begin to set the plan from artists to speakers to volunteers to vendors and even sponsors. Completing a well thought-out detailed plan must include budgeting, which includes how much the artists will be paid, as well as vendors and most importantly what sponsors are willing to donate time and money to the festival. In addition to the line up pricing of tickets and scheduling is a large portion of the project manager’s position. With a large event spanning over three days, having several project managers would be most beneficial. This will allow group managers to focus and complete their tasks within the master plan that has been designed.  Heerkins mentions, “Preparing a Detailed Project Plan is crucial. As you move forward, it’s important to allow each team member to play a major role in defining his or her specific work on the project.” (Project and Team Management. McGraw-Hill Create p. 93).  The lead project manager needs to remember to schedule time to meet with each additional manager of their assigned task to follow up and make sure all deadlines are being met. Without holding being accountable for their tasks some may tend to slip and not complete partial parts of the project on time, therefore affecting others that are evolved in the bigger picture.

            Overall, the Lead Project Manager has a lot of responsibility to communicate, develop, lead and execute a festival where budgets are met and overall customer’s/fans are excited and satisfied. Without fans or visitors there would not be a festival every year. No Visitor of a three day festival would want to spend the money they do to find out it is not worth the price due to someone’s lack of team work put into the project.

 References:

Atlanta Fest Retrieved on June 30, 2011 from http://www.atlantafest.com/

Heerkens, G. R. (2002). Project Management. New York, NY: The McGraw Hill Companies.