Trends in Entertainment 2011

Current Trends in the Media Industry: Film Production, Television Commercials and Video Games The shift in entertainment has contributed to the change in technology, the shift in marketing, the rise of social media and the increase in box office sales. The truth is that whenever there is a recession, we are a war or there is an economic downturn, the entertainment industry seems to dominate the arena by increasing sales and generating revenue in record numbers. Whenever we are facing tragedy or there is an increase in unemployment consumers tend to utilize entertainment more. Perhaps we are escaping our current reality by playing video games, watching movies and going out! Statistics have shown that over the past few years we have shifted the world of entertainment tremendously. I was reviewing the content at the following site, http://www.npd.com/corpServlet?nextpage=entertainment-categories_s.html. At the site the NPD group states that the film industry dynamics have changed significantly over the last few decades, with studios turning into major media conglomerates focused on the financial bottom line.

VSS research forecasts rising ticket prices will dampen movie attendance and overall box office performance from 2007 to 2011. Theater owners will try to overcome this with more digital screens and studios offering IMAX and 3-D formats. Home video spending, the second largest entertainment category according to VSS research, grew only 0.5 percent in 2006 to $25.7 billion. Growth was driven primarily by a 7.4 percent increase in DVD spending. Additional purchases of DVDs helped offset a staggering 68.9 percent decline in videocassette sales to $720 million.

The growth in DVD spending was propelled by the plethora of box office titles that became available in 2006, including 15 films that generated more than $100 million each at the box office. Releases included “The Chronicles of Narnia,” “Cars” and “Harry Potter and the Goblet of Fire.” These titles fueled total DVD purchases up to $17.9 billion and DVD rentals up to $7.08 billion. According to a February 2008 article in The Economist, there is growing concern in the DVD industry that the Internet will decimate DVD sales, which in America generate about half as much revenue as feature films. Although pirating is seen as a threat to the film industry. Apple’s iTunes captures about 80 percent of the download-to-own market, while Xbox accounts for more than 70 percent of online rentals. On the other hand, an article in BusinessWeek states that the industry is currently mitigating against pirating threats by holding onto paying subscribers and releasing more movies using 3-D images.

The digital television conversion has contributed to the elimination of VHS and video rentals.Music, Movie and Gaming Revenue has grown tremendously. According to the NPD group, ESAA and MPAA: revenue for games is up 28.4%, revenue for movies is up 1.8% and revenue for music is down 10%. According to boxOfficeMojo.com video game software sales and rentals to $7.16 billion in 2006, while PC software sales declined 1.3 percent in 2006 with spending dropping to $1.01 billion. There is demand for three-dimensional images, artificial intelligence, enhanced voice and sound effects. By 2011, it is estimated that development costs for a single game will range anywhere from $15 million to $25 million. According to VSS researchers, Consumer video game spending will be linked to the availability of new titles for updated console game platforms, which include enhanced online multi-player subscription components such as the Wii and Xbox 360.

Due to the phenomenal success of the video game “Grand Theft Auto IV” which grossed over $500 million in its opening week, with over 6 million copies were sold. This trend also contributes to the PC software market will rebound modestly as sales increase for new computers with superior graphics. Spending on television programming and in-flight entertainment increased 9.1 percent in 2006 to $27.45 billion, according to VSS. However, the rise of reality shows has taken a toll on network television and VSS blames the growth of reality T.V. on the lack of scripted, off-network programs available for syndication. I am currently suffering from “reality fatigue.” the lack of creativity, the horrible acting, and the increase of drama that dominates every episode. Local television stations are now competing with cable an increased DVD sales of many of the programs they air in syndication. However, Stations are currently benefiting from the FCC-required shift from analog to digital signals hat took place in February 2009.

Due to the current trends in entertainment, marketers are currently asking: In what entertainment activities are consumers engaged? Where do Americans spend their entertainment dollars? What are the high-value consumer segments? What type of entertainment content do they acquire? Where do they get this content? What is the impact of specific technology ownership on entertainment consumption behaviors? What are the potential opportunities/risks for a target consumer segment or industry? What is the consumer outlook for future entertainment spending? You can read more insight at the following site: http://www.npd.com/lps/Entertainment_Trends2009/. Until next time! Today has been great, tomorrow will be even better!

Funding: Money speaks for itself!

Sources of financing are extremely important in the entertainment world. While participating in the business plan development courses at Full Sail University I have been introduced to several alternative funding programs. One of the greatest challenges with staring a business and stepping out on faith is the need for financing.There is a great deal of need for Angel investors and alternative funding sources. Please see the information that I have providing below on two of the alternative funding sources that I have researched within this past week: http://www.eda.gov/ and http://www.firstnations.org/.

The First Nations Organization is better known as The first Nations development institute and their site is, http://www.firstnations.org/. The First Nations development institute has a goal of empowering American Indian economies. They offer grant support to tribes and Native nonprofit organizations to support culturally appropriate, asset based development efforts. The organization offers both financial and technical assistance. However, First Nation requirements that all applicants be legal American Indian and to tribes. Their is another organization better known as the US Economic Development Administration. The EDA encourages programs that promote business expansion and job growth. They also support key initiatives throughout regional areas across the United States, thereby developing economic stability through intergovernmental and public/private sector collaboration. US Economic Development Administration can be located at www.eda.gov. This organization offers federal funding opportunities which include the accellerator challenge competition, University Center Economic Development Program, development assistance programs and several other programs. The US Economic Development Administration has 5 core evaluation requirements which include: 1. National strategic priorities 2. Distressed and underserved communities 3. Return on investment 4. Collaborative regional innovation 5. Public/private partnerships Within 15 days of reciept, all applications will be evaluated for completeness. Applications are also considered in for cycles and grants that are accepted will be published on the website at www.grants.gov. Other types of information available on the eda.gov site includes, program funding opportunities, articles on economic inititives, research tools and contact information. Infomation also provided on the firstnations.org/ includes policy training, research program publication, email alerts, updates and an opportunity to donate online. Today has been great, tomorrow will be even better! Until next time!

Applying The "Expert" Advice to fit my business model

http://customwrittenbusinessplans.com/

Although the Business Entertainment Masters program has come to a close and I am merely weeks away from earning my degree, I am still learning the concept of creating a plan and setting a standard for my company. The expert advice that the Business plan development course has offered is very useful and if I implement what I have learned, the process will be much easier to develop. Please see a list of the major categories that every business owner and future entrpreneur should be aware of prior to starting a business.

*Study, research and familiarize yourself!
* Rewrite, revise and recreate!
* Be creative, unique and set yourself apart!
* Know the numbers! Money makes sense!

Being aware of new technology, competition and the market are key components that will attract investors and potential supporters of your business model. The development process is a constant process that includes taking an indebt look at the way you deliver information. The creative process is key for new business owners and future entrpreneurs who are entering the market.

Being unique makes you more attractive and marketable to investors and allows you to have an extra edge over your competitors. Knowing the numbers and having a general plan of how you will generate revenue is always a plus. The business plan development course is a structural course that acts as a guide to support your inital ideas. It all goes back to the adage that, you can't miss what you don't have because didn't realize just how rewarding the information is until now! This has been a great experience. I appreciate all the resources, and the food for thought. Today has been great and tomorrow will be even better! Until next time!

Experts Views on the Value of Business Plans

http://cunvc.org/2011/record-number-of-business-plans-submitted/

I recently examined the views of two experts who focus on business plans. The first expert is Associate Course director Steven Burhoe who has completed over 75 business plans for companies around the world. Mr. Burhoe chose to focus his analysis on two very familiar names in the business world. DONALD TRUMP and OPRAH WINFREY were the focus of his analysis. We can start with Trump, to offer more background on the successful moguls and the challenges that eventually led them to their present success.

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Background
Trump was sent to the New York Military Academy at age 13. He graduated from the University of Pennsylvania with a degree in Economics, followed in his father’s footsteps and entered the real estate industry. While Winfrey, grew up in a troubled home in Mississippi where she was repeatedly sexually abused until she moved away to Nashville to live with her father who was also a businessman. In college at Tennessee State University, she started working in radio and television broadcasting and in 1986, Winfrey launched “The Oprah Show.” During the first year the show grossed $125 million in profit. Oprah received $30 million of that for herself and decided to take control of her show from ABC under her Harpo production company.  For years, the show has remained to be one of the highest grossing daytime television shows in history. 

http://www.free-extras.com/images/oprah_winfrey-13788.htm

Analysis
Donald Trump and Oprah Winfrey are both individually known for their vast business models and their high grossing television success. Expert Steven Burhoe determines that Donald Trump’s stance on business plans is that an entrepreneur must have a clear and concise focus before he starts his venture. Burhoe agues that a business plan is a model and this model offers direction and focus. Oprah’s stance on business plans is that you must monitor and adjust your business plan to increase your outcome for success.

Overall, in his analysis of Oprah Winfrey, Donald Trump and their business plan models, Steven Burhoe concludes that: 

* If there is no business plan, then there is no focus for your business and you are bound to fail. 
*With a plan, you know where you are going, what you are doing, and how you will get
where you want to be. 
*The biggest pitfall mentioned is not making a business plan at all. 

Pictured: Dave Lavinsky, Co-founder of Growthink

I also viewed an interesting interview that was featured on Bloomberg Business week
with expert Dave Lavinsky, the co-founder of Growthink, a business plan consulting firm that has helped write over 1,000 business plans. Lavinsky offered his analysis on what potential investors want to see and the misconceptions that entrepreneurs make. Lavinsky argues that a lot of business plans were “predicated on companies that were making first time developments.” However, investors have began to reconsider their investment decisions because the companies that made first time developments are now being pushed aside for companies coming behind them. Lavinsky offers expert advice for starter companies and entrepreneurs who are developing their business plan:

*Review the track record for your market niche
*Do market research as soon as you have an idea
*Evaluate if your idea makes sense and if it does attack the market
*If you need financing, then you need to have a complete business plan. This includes setting up milestones
*Improve what you can measure
*Research what investors in your market niche want

After examining the views of Steven Burhoe and Dave Lavinsky I must say that I agree with their assertion that an effective business plan goes a long way. A plan is a simple road map in the right direction. Proper planning gives your business purpose and speaks for itself. I have learned a lot of useful information over the past year and these experts have reinforced what I was taught in reference to effective research and planning. It was a privilege to share the views of these highly qualified experts with you. Today has been great, tomorrow will be even better! Until next time!

You can find a link to Expert Steven Burhoe at: http://bpexpertviews.blogspot.com/
or view full interviews with business plan experts at: http://feedroom.businessweek.com/index.jsp?fr_story=a6be55484f395148180836b4e80cb8d042fb2c8e

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U.S. President’s Barack Obama’s re-election campaign uses Facebook!!!!!!!!

U.S. President’s Barack Obama’s re-election campaign was kicked off by using the online effort of social media. The campaign started with a set structure of utilizing social media mogul, Facebook as a key tool for spreading the word and directly reaching supporters.

While social media sites have dominated marketing efforts, gave birth to new artists via viral feeds and acted as the dominating publicity tool for brands all over the globe. There seems to be a new political strategy evolving within the facebook headquarters!

Obama’s facebook page has well over 19 million people who claim to ‘like’ it! The site maintains that the campaign is launching an online effort along with their offline effort towards re-election.

Along with making history as the first African American President in the United States, Obama is also the first president to use Facebook live, a streaming interview feature to directly reach voters by doing what campaign officials refer to the activity as “keeping them (voters) active!"

Early this year Obama visited the Palo Alto headquarters of the social network, where the president held a special "Facebook town hall" event that streamed live over Facebook and the White House website. Chief Operating Officer Sheryl Sandberg and Zuckerburg moderated and sat onstage with the president, along with a audience of Facebook employees, and entrepreneurs.

With over 7.2 million followers on Twitter, Obama also kicked off his election campaign by releasing a youtube clip to aid his campaign journey. The President has also pledged to reach out to every voter that supported him during his first run in an effort to reconnect with his voters. The changing pace of technology and the rise of social networks allows politicians to associate themselves and become active with the world of changing technology. Perhaps social media will allow us to market ourselves a set further from where we stand today! It has been great! Until next time!

Swift, Mike. "Obama to hold Facebook town hall; kicks off campaign fundraising in Bay Area - San Jose Mercury News." Home - San Jose Mercury News. N.p., n.d. Web. 22 May 2011. .

Wauters, Robin. " Obama’s Re-election Campaign Puts Facebook Front And Center … Literally ." TechCrunch . N.p., n.d. Web. 22 May 2011. .

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Digital Media Distribution! Is their more in the future?

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I have always been a writer and a dreamer. Each day has allowed me to advance one step closer to make these goals become reality to fulfill my personal career goals of becoming a film maker and a publisher. I read an article regarding digital technological distribution opportunities for the film industry. These options are almost mandatory for film makers to release their projects to the public. Digital media allows creators to release material online, on DVDs and in theaters. The article offers several explanations as to why technological advancements are required to challenge distributors and creators. The article also describes several factors that must be considered before film makers release material. These factors include but are not limited to:

1. Digital technology offers opportunities in the film industry.
2. Cable pay-per-view, advanced playback, and now Windows Media 9 series offers distribution options.
3. Currently, there are over 500,000 digital movies being illegally exchanged online.    

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Digital and online distribution offers the leisure of home entertainment, secure content, and the interpersonal experience of controlling and sharing content. Developments have forced companies like Microsoft to take advantage of new distribution options. These options include:

1. Digital media enabled theaters
2. Distribution on the internet
3. Distribution on CD's and DVD's

http://www.fotosearch.com/CSP349/k3493021/

The article also discusses each wave of technology and the future of entertainment and digital technology. According to the article, we are currently in the second generation of developments in technology with the growth of digital media, along with developing digital rights and licensing. However, companies are collectively preparing for a third generation of digital media and growing in this area by focusing on managing digital content, offering consumers more theater quality in the comfort of their home, and also by building a standard by managing standard business models for creators to use while building and developing content.

This age of new media is focused on a more personal viewing “experience" for consumers as well as the gratification of instantly streaming secure content. I must say that I look forward to utilizing the advancements of the digital developments in technology and using these methods to release my creative works. Please see a link to the article and more information at,
http://www.nytimes.com/2010/01/17/movies/17dargis.html and http://.www.microsoft.com/windows/windowsmedia/forpros/content_provider/film/disopwhitepaper.aspx.

Today has been great and of course, tomorrow will be even better! Until next time!  

"Digital Media Distribution Opportunities for the Film Industry." Microsoft Corporation. N.p., n.d. Web. 7 May 2011. <http://www.microsoft.com/windows/windowsmedia/forpros/content_provider/film/disopwhitepaper.aspx.

I will follow: replicating success!

 

http://www.mrmovietimes.com/movies/I-Will-Follow.html

In my quest to become a publisher, script writer and producer I have studied the works of others who walk a path that is similar to mine. I recently read the headlines of writer/director Ava DuVernay for her film, “I will follow” which was created with only $50,000, in only 15 days. DuVeray told the Los Angeles Times that she was, “really on fire to make this.” The film starring Salli Richardson-Whitfield and Omari Hardwick recounts the “life of a woman at a crossroads and the people who help her move forward.” This passionate story is told with a lot of heart and it evokes emotion because it fosters a relatable theme. As a writer, my stories may vary, my journey is different but overall, our goal is still the same. To become a success, and gain access, we must study the paths and influence of those that came before us, in this industry.

As we emerge on our journey as individuals, we replicate success in a conscious effort to somehow conquer our own dreams. Duplication is a mandated process which allows students like myself to pay homage to leaders in this competitive field. Knowledge is power and we must maintain a level of work ethic and apply them to accomplishing these goals. The process of replicating success is a result driven technique that is utilized in multi-level marketing companies and in publicity campaign structures across the world. These techniques, if adopted by others may form a community of knowledgeable creators. By adopting new approaches, and personalizing these techniques, we can accomplish more and go further. My goal is to replicate the practices and actions of creators like Ava DuVernay who were able to release their films, be creative and take on the industry, one city at a time! 

www.iwillfollow.com

Please see the links below for more information:

 http://www.iwillfollowfilm.com/media.html
www.iwillfollowfilm.com
www.affrm.com
http://www.youtube.com/watch?v=DBvqEaJ6O0M&feature=relmfu
http://www.youtube.com/watch?v=WerAwjZJCM0

Today has been productive, but tomorrow will be even better! Until next time!

Distribution Issues in Independent Film

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Led by sites like YouTube, Joost, iTunes and Amazon we are in the midst of a new digital movement. As we merge away from traditional distribution and the age of home video entertainment, we move on to a new web based entertainment format that is bound to dominate the industry. This opportunity will allow creators to expose their material and maximize their exposure to develop in a dramatic way. I recently read an article that discusses how the film industry is following the model that the music industry has set by using the internet to expose content. By using digital distribution, independent filmmakers are able to generate an audience for their projects that was not necessarily available before. The writer argues that, "films that cannot attract a theatrical release can certainly have a presence online." The web serves as a emerging source of entertainment and convenience for consumers. The article also asserts that Independent creators tend to adapt to market conditions and are ideally positioned to take advantage of new and existing online distribution opportunities. The delivery methods of entertainment are expanding. Along with hand held books, convenient gaming and smart devices, the digital movement also allows motion pictures and online television viewing to emerge. This article also offers key tips that all creators must consider prior to digitally releasing their material. Familiarize yourself with the key terms and the tips listed below:

http://www.google.com/imgres?imgurl=http://orawdon.files.wordpress.com/2010/03/film.gif&imgrefurl=http://orawdon.wordpress.com/2010/03/16/what-kind-of-media-institution-might-distribute-your-media-product-and-why/&h=428&w=550&sz=99&tbnid=tCNZrNGbO08GWM:&tbnh=103&tbnw=133&prev=/images%3Fq%3Dpictures%2Bof%2Bfilm%2Bdistribution&zoom=1&q=pictures+of+film+distribution&usg=__uE8-7d7q81yGopy6noZ17sTBq0w=&sa=X&ei=yrqVTb-WE5TWiALi74CdCQ&ved=0CBoQ9QEwA

The Grant of Rights
Do not be quick to give away more rights than you should. Know the costs and procedures involved in new digital delivery methods and you will be able to negotiate knowledgeably from a position of strength. Online digital distribution entities are attempting to build product libraries as assets by taking expansive rights for long periods of time. Do not accept an agreement that grants a distributor, all rights in all media worldwide. Be sure to specify if you are allowing a company to have digital, online or view-on-demand rights. 

Exclusivity
It is risky to grant exclusivity. It would be safe to grant a nonexclusive online license for a limited term. This will allow the market to continue to mature and you can reassess your position after a relatively short term. Few distributors will ask for exclusive online exploitation, although some may try.

Territory
Your goal is to get the online distributor to limit the territory to the United States or a specific territory in which it is primarily doing business. The trick is that, online distributors may ask for worldwide rights.

Licensing Period/License Fee/Payment Terms/Audit
Your goal is to Keep your license period as short as possible. The license term for online exploitation depend on other rights, if any, you have previously licensed. If you have no previous exploitation, its good to try an limit the license period to 6 to 18 months so that you can reassess the online marketplace in short order.

Your goal is to negotiate an advance and royalties. You should also consider asking for stock options, and the right to purchase stock at lower than market rates. Also, specify the minimum rates to be charged for downloads and viewings.

If an advance is not possible, its good to ask for a large share of the gross revenues for downloads, streaming or other licenses (50-70% is obtainable).  Also, try for a share of advertising revenues associated with viewing your product.  Obtaining an advance against royalties for an online license may be difficult, because several online start-up companies claim poverty in the  developing market.

Cross-Links
Your goal is to retain the right to exhibit the product on your official site, along with the right to sell merchandise, videos and DVD's of your product from your own site. To make this happen: Be sure you include a provision in your agreement that requires cross-linking of the online distributor’s site with your official website for your product or company.

These tips have helped me and I hope they help others. Today has been great, tomorrow will be even better! Until next time!

You can view the article at:
Emerging Online Distribution Issues for Independent Films « Indie Music Musings. (n.d.). Indie Music Musings. Retrieved April 1, 2011, from http://indiemusicmusings.wordpress.com/2010/03/19/emerging-online-distribution-issues-for-independent-films/

Industry Awareness! Avoiding Liabilities!!!!!!!

 

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I was blessed to have an advanced law course in the entertainment program that I am currently enrolled in. This course has allowed me to understand the great concept of risk management, and preparation that entertainment lawyers must have, to produce the results needed to assist and represent a good artist and excellent brands! It is my goal to share the expert knowledge that I have gained from this course and from listening to industry related podcast.

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I reviewed a podcast that covers “The basics of intellectual property Law” by J. Craig Williams of the Williams Lindberg law firm, PC (An Intellectual Property and Business Law Firm). This link offers valuable information with a focus on the problems that businesses and the creators of intellectual property are facing today. Mr. Williams offers information ranging from infringement in regards to movie sales and the status of current piracy laws. He also enforced the movement of intellectual property overseas and how the internet and Congress have trouble safeguarding the speed of technology. Attorney Williams recommended that we police our intellectual property and be knowledgeable of the rules we currently have in place regarding exported music. He suggests that we change and adapt with technology as it develops because technology is constantly changing and in this field, we must stay current. You can view his podcast at http://www.youtube.com/watch?v=haRJgfA-bDg&feature=related. Mr. Williams and his firm also offer information on their website. You can click the link below to utilize a virtual consultation involving trademark law, patent law, copyright law, business law, computer law and non specific categories of entertainment law.
 Their site is, http://www.coloradoiplaw.com/trademark-law/virtual-consultation.html
.

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The second podcast serves as an update for entertainment lawyers and professionals. This podcast discusses the liability for entertainers due to how they misuse social media. The podcast starts with a discussion on Justin Beiber’s manager tweeting the location of a concert where Justin was due to perform, which resulting in an overcrowded event and his inability to expeditiously re-tweet the fans informing them that the event was canceled. These potential liability cases also discuss Justin Beiber  releasing the phone number of a immoral fan-- which are potential damage and privacy claims. Profit participation and accounting procedures is a topic that is also discussed on the podcast whereas a joint venture between Warner Bros. and a bundled license of 100 movies were set to be created with film maker Allen Ladd Jr. The case between Ladd and Warner Bros was determined in Ladd's favor for the films, Blade Runner, Chariots of Fire and a lot of other projects. Unusual high profit deals were discussed regarding court rulings which favored the terms that were used in the "actual contracts and fair dealings. " This podcast serves as a discussion between entertainment lawyers where you can listen to the wrongful behavior and follow up on fair use cases that are currently pending in the media. Feel free to click on the link below to utilize the entertainment law discussion at http://hw.libsyn.com/p/9///9876797a2f92a3a/EntertainmentLawUpdateEpisode013.mp3?sid=ec67c42edec984f6d9d98c64bf91d148&l_sid=22761&l_eid=&l_mid=2074351. “summary of entertainment cases” by Entertainment lawyers.  Episode 13. You can obtain more information at www.entertainmentlaw.com, createprotect.com, www.bennettlaw/tamarabennett.

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The third podcast covers works that are in the public domain and works that are currently protected by  copyright. Mr. Oatts discusses the nature of music that is in public domain, he interprets the song writers state-of-mind regarding sharing their music and the need for musical copyrights. As a film maker I must properly cite the original owners of all music that I use or include in my projects this includes the musical score, the writers. etc.,. Their are methods must be taken to ensure that all musical collaborations and scores are properly cited and recognized if they are going to be used in your work. View the link to this podcast at,
http://www.youtube.com/watch?v=rptna0yLe4U “music copyright” by Trevor Oatts

I listened to an additional podcast that covers intellectual property infringement and the competitive advantage of copyrighting all intellectual property. The speaker discusses the potential risks that are involved with intellectual capital and the process that creators of intellectual property can take to avoid losing their ideas and material. He also offers examples of possible monetary amounts that potential liability claims might cost. The podcast offers information on IP holding companies, how distracting litigation cases are, and how innovative software and inventive ideas are.  You can view this podcast at, http://www.youtube.com/watch?v=TLvMZujfEzY&feature=related "intellectual property"

These podcast offer pertinent information that I can incorporate into my future film production business. There are several entertainment law and intellectual property issues that any entertainment company could possibly face. The nature of the entertainment industry is a very constant and complex. The best way to arm yourself in the entertainment business is to be fully aware and get as much information as possible. Thanks for your time!

The Latest News in Film!

http://www.youtube.com/watch?v=9aO5R6ezqio&NR=1

http://www.inquisitr.com/99691/colin-firth-grateful-for-uk-support-after-oscars-win/

My goal with this blog submission is to identify three of the most recent court cases that have impacted the film industry. They range from infringement cases that also involve an excellent Oscar nominated film, i.e. King Speech, to piracy issues with Warner Bros. studios, followed by a breach of contract issue involving yet another Oscar nominated film, Black Swan.

First, is the case involving The film, The King’s Speech. This case involves improper usage of a common phrase, "No animals were harmed" that was used in the end-credits of the film. However, the disclaimer happens to be a registered trademark that was used without permission. The AHA having a trademark on this phrase for several years, has allowed them the right to be involved in film productions so they can ‘personally’ certify that no "animal actors" are harmed during the filming process. For those who seek permission to use the phrase, the AHA makes several requests along with the ability to participate in the film process. They demand advanced copies of scripts, require on-set access whenever animals are used and they also review daily call sheets to ensure the safety of “animal actors” and the use of their phrase.

According to the article written by Scotty Donaldson, as early as last year, the AHA sent out “cease-and-desist letters to the producers and distributors of five films, including Oscar-nominated District 9”. Although, they have never had to enforce the trademark in court. The Weinstein Company, is distributing the film, The King Speech. The AHA says it was never invited to monitor The King's Speech, however, and so it demands that The Weinstein Company,  remove the phrase from their credits. Apparently they are in the process of working something out.

 The AHA is standing by the power of their trademark. Their phrase is an assurance to movie-goers that no animals were harmed during the production. I am impressed that they were clever enough to have the rights to such a common, coined phrase. Their ability to stand behind the phrase and police the usage of the term makes the trademark even more powerful. They are right to continue to pursue any company that they feel violates and uses their intellectual property without approval. Their action to hold companies accountable shows that as a company, they are properly “policing” their name, their brand and their reputation!

According to the Dominion Post, Basin, an attorney at Greenberg Glusker, says the AHA trademark is valid, and he compares their phrase to the 'Good Housekeeping Seal of Approval' along with certification marks that may typically be found in the food and beverage industry.

Unfortunately, If the case is pursued in court, the AHA would have to prove that by using their seal of approval that, The King's Speech devalued its certification. Funny thing is, that this case is not about earning profits from damages, its more about setting an example and making a point that their is an approval process that companies must be mindful of before they are allowed usage of the intellectual works of others. On the other hand, it's possible that the film makers were unaware that the commonly used phrase was trademarked, and they found themselves at the center of a battle, being accused of infringing on the property of another.  The outcome of this case depends on if AHA is able to prove that by using the unauthorized phrase if they are creating consumer confusion. This also includes if    the wordplay of a phrase is manipulated or referenced in a different way, it may still stand close to the original phrase that is owned by the AHA, indeed causing consumer confusion.

http://www.metacafe.com/watch/5070322/black_swan_trailer/

http://www.google.com/imgres?imgurl=http://www.shockya.com/news/wp-content/uploads/blackswan_poster-535x793.jpg&imgrefurl=http://www.shockya.com/news/2010/12/18/black-swan-movie-review-2/&h=793&w=535&sz=77&tbnid=svI4LrmD0pPgzM:&tbnh=143&tbnw=96&prev=/images%3Fq%3Dblack%2Bswan%2Bmovie%2Bpictures&zoom=1&q=black+swan+movie+pictures&usg=__HeNJZx_Hoa85-c29vbGdTPoqc08=&sa=X&ei=dB5yTcVwkZayA_zppMIL&ved=0CCYQ9QEwAw

The legal issues following the production of the film Black Swan consist of the production company, Overnight LLC suing the former Chief Aaron Kaufman for $10 million for breach of contract. Scott Shifel Of the Daily News asserts that Kaufman is the "ex-president" of the original production company and that he left the team just as the production started filming. He held the film due to contract demands, and among other things he also exposed the company to an embarrassing sexual harassment dispute which he caused by pursuing an employee. Kaufman denies all accusations and explains that he left the production company due to disputes between he and Schwartz, who was executive producer at the time. However, Schwartz is still listed as executive producer but is not eligible for an Academy Award nomination and the production company will not earn any production credit due to the conflicts that occurred at the time. The lawsuit states that it is solely due to "gross lapses in judgment" which cost millions in lost revenue and producer credit on the film "Black Swan."

Somehow, I wonder if the misappropriation of funds and conduct will follow Kaufman, especially if the outcome determines that he owes a substantial amount of money to those that were apart of the company prior to his retreat to start another venture. However, time will tell and there is always a pattern of behavior that the courts utilize as a determining factor in these types of cases. This will certainly be an interesting case to follow as the pages turn and the story continues to unfold! Ten million dollars is no walk in the park and is not easy to obtain! Perhaps the court judgment will rule in favor of the production company but for a reasonable amount.

On the other hand, the lost wages can be determined due to the producer credit and missed opportunity that comes with being ineligible to get the deserved producer credit. If the circumstances were different, the producer credit would have been credited, the company would have their credit and wages would also increase! Perhaps, ten million dollars doesn't look like such a large number when you note the facts! Kaufman argues that he will sue Schwartz for libel. The case is of course one persons word, against the other. While evidence is being obtained, Kaufan and Schwartz will continue to throw stones and it will be a while before we get close to the true source of what truly happened during business hours at Overnight LLC.

http://estelliarmus.files.wordpress.com/2010/10/6-10-08-warner_bros.jpg

Warner Bros Film Studios is also pending a lawsuit against them for pirating by using anti-piracy technology without permission! The company is ironically known for its plight against piracy. However, they have not utilized the true emphasis of the term, "practice what you preach!" According to Terrance O'Brien of The Daily News, Warner Bros. has been using a unique identifier to trace pirated movies back to their source.  By embedding the films that they have distributed to the press and to theaters, Warner Bros has been issuing take down notices and single handily tackling piracy in their market. However, the very identifier that they have been using is a protected item, owned by a German company called Medien Patent Verwaltung (MPV). This is the perfect example of a company somehow believing they are above the law. With all the filings that Warner Bros has attempted against the public and members of the press, it is outright foolish of them to commit the very crime that they push so hard to eliminate. I'm sure the evidence obtained will speak for itself and judgment will rule in favor of the MPV company.   

I will definitely follow these cases and provide you with all the information as the truth unfolds. Today has been great! Tomorrow will be even better! Until next time! I'll meet you at the top!

You can find information on these topics at:


Press. (2011, July 2). What could impede the King's Oscar? | Stuff.co.nz. Stuff.co.nz - Latest New Zealand News & World News, Sports News & NZ Weather Forecasts. Retrieved March 4, 2011, from http://www.stuff.co.nz/dominion-post/entertainment/4625301/What-could-impede-the-Kings-Oscar.

Preston, M. (2010, December 27). "Black Swan" Involved inProduction credit Lawsuit . NBC Chicago. Retrieved March 4, 2011, from www.nbcchicago.com/entertainment/movies/NATL-Black-112492014.html

Scotty Donaldson: King's Speech Has Legal Issues - We Should Patent A Movie Credit Phrase!. (2011, February 6). Scotty Donaldson. Retrieved March 4, 2011, from http://www.scottydonaldson.com/2011/02/kings-speech-has-legal-issues-we-should.html

Trotta, D. (2010, December 24). Film producer sues over Black Swan | Reuters. Business News - Indian Stock Market, Stock Market News, Business & Finance, Market Statistics | Reuters India. Retrieved March 4, 2011, from http://in.reuters.com/article/2010/12/24/idINIndia-53763220101224

The Manager....Magician or skilled genius?

I was blessed to have a product and artist management course in the entertainment program that I am currently enrolled in. The course has allowed me to understand the great concept of judgment and integrity that mangers must have to produce the results needed to assist and push a good artist, product, event, action or theme beyond its idea to becoming reality! I was given a task, to share the best practices, principles and ideas that I have gained from this course and identify how I will apply them to my career. I must admit that my ideas of a managers role were a lot different from what I've learned through this course and by actively pitching and working as a manager to complete the tasks at hand. I personally believe that in this business most of our roles are correlated, therefore allowing good artists to become producers, producers to become directors and so on! The possibilities are endless....I have come up with 5 rules that you must apply to your business to become great in your future endeavors. Please view the rules below:

http://photobucket.com/images/recording%20studio/?sortby=sevendaysview

Rule 1: Know yourself and be careful that you are aware of your goals. Write down all your ideas, expectations any questions you may have as you lead in this new role. This will allow you to favor all areas of development and also show that you trust the quality of time.

Rule 2: Know your market. Do this by understanding and spending time with customers. You can service your target market better by knowing what they want. Develop effective research, you can do this by making sales calls, utilizing focus groups and tracking your goals. Once you do this, you take the information back to your team and use it to build and develop.

Rule 3: Always set standards and goals for yourself! This will allow you to focus on the ultimate task at hand and discard any ineffective material that doesn't fit the overall future goal. This serves as a map to help design your path and also can be used as a reference of what it took to get where you are.

Rule 4: Always look your best. Looking good reinforces how you feel about yourself and confidence is key in this business. I would choose to invest in someone who looks me in the eye, speaks well and shakes my hand rather than someone who shifts nervously, avoids eye contact and is afraid of physical contact.

Rule 5: Make it your business, to know your business! Most mangers have no traditional business training but they are established in the entertainment business enough to compete and advance. Using your business fundamentals, utilizing your professional network, classmates, instructors and essentials will allow you to set yourself apart from others and gracefully move forward at a much faster pace.

As a future owner of a film production company and publisher of fiction publications. I am currently in the process of applying these rules to my life.

   

http://photobucket.com/images/recording%20studio/?sortby=sevendaysview

This course has reinforced my theory of the changes in the entertainment business and how the  realities of generating revenue have also changed. In the music business, overall sales of downloaded singles and albums have increased for the first time this year. This former area of music sales and airplay exposure are becoming more dependent on sales in other areas. While radio focuses on building audiences for advertisers. The recording industry is interested in selling albums based on concerts and touring. We are currently facing the deepest recession in history, followed by a 2010 year-end total of a 5 percent decline in concert ticket sales in the U.S. The entertainment currently relies on management, and the behind-the-scenes creators to sell entertainment and redefine its business model. Being aware of this is motivation for those of us "dreamers" to get ourselves together and become what we dream to be! Today has been great, tomorrow will be even better! Thanks for your time and I look forward to sharing with you. Until next time!

Allen, P. (2010, October 18). Music industry needs to redefine itself. http://blogs.tennessean.com. Retrieved February 26, 2011, from blogs.tennessean.com/opinion/2010/10/18/music-industry-needs-to-redefine-itself/.

Artist management resource. (n.d.). Music Manager and Management Roles. Retrieved February 26, 2011, from www.artistmanagementresource.com/music-manager-roles.html

Artist Manager : Proprietor and Driving Force!

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            I was given a task to interview a “bonifide” artist manager who is actively working in the entertainment industry as a regular part of doing business. I was able to interview Tino Pasquier, Co- Owner of Firesquad Records, an independent record label that he started shortly after graduating from Clark Atlanta University in 2003. Mr. Pasquier is a passionate, charismatic entrepreneur who represents four hip hop artists that are all on the Firesquad label. While actively working as a manager, Mr. Pasquier is also working to market an entertainment company called, The Mayan Factor, that he will run with his older brother.           

This logo is the property of Firesquad Records LLC

            As part owner and creator of Firesquad Records, Tino Pasquier  is a powerful force within his company and finds himself using the skills that he obtained from earning his Business Marketing degree years ago. Mr. Pasquier demands positive results in his business and he definitely delivers results through people. By employing professionalism, commitment and integrity, Mr. Pasquier builds relationships, negotiates and coordinates booking talent, among other major characteristics that he describes as preeminent traits that all managers must entail.  

The following is an excerpt from our interview:

ME: First, I would like to thank you for allowing me to interview you and highlight your company!

TINO: No problem! This is one of my first times on the other side of the interview. It feels good to be recognized.

ME: How did you get started?

TINO: I attended college with my first artist. I met him during my senior year. We worked in an organization called Vision Inc. I kind of fell into it after I saw the artist, ‘Gumbo’ perform. I had never worked as a manager before then. It was amazing to see  how likable he was with people and how raw he was on the mic. He had the perfect mix of talent and poise and I saw a lot of potential in him.

ME: With this being a new experience were their any challenges that you faced with your artist?

TINO: Challenges of the relationship with my artist were rare. We saw eye to eye on most things but I would say that we have had a major difference in marketing techniques.

ME: How did you initially work through those challenges to get the job done?

TINO:  We didn’t have any big challenges. Overall, we had a mutual understanding about our goal to move forward. We already had a great relationship but working together and sharing a vision made us the best of friends. One of the main challenges was to get through the hurdles in our personal lives to accomplish business our goals.

ME: Have you had any unique experiences that you would like to share?

TINO: The entire process has been unique. I think it’s interesting that we began to create music and projects out of the walls of a dorm room and now were building and becoming stronger forces in the entertainment industry.

ME: What special advice would you give a person entering this field?

TINO: I don’t think there is any special advice but I would say that if you are interested in entering this field then you should be applying to internships so you can see first hand what goes on. Reach out and be honest about what you want because this type of position isn’t for everyone. There's lot of commitment that goes into a management position--any management position. Multiply hard work by three because the entertainment industry forces you to work with tons of personalities and egos and that’s what separates the ones that talk from the ones who really work.

ME: What personal qualities are important to being successful in this job?

TINO: The qualities that are important to being successful in this position include true drive, the drive to push everyone around you. You have to be willing to dictate, supervise or take over to make an activity happen. You must work well  under pressure, always be presentable and ready to pitch or fight for an idea or a major deal.

ME: From your perspective, what are the challenges working in this field?

TINO: One major challenge can be coming into this position thinking that someone will push you. You must be a self- motivated individual, open minded and willing to fall a few times so you get the ultimate learning experience. If you don’t adapt to the environment and prove that you belong then you wont be successful. You’ll be left behind.

ME: What do you think of the experience you’ve had so far in terms of entering this field?

TINO: The overall experience has been amazing. This is something that you and the artist must believe in. The journey to the top is what makes it all worth while. To believe in someone and be apart of their development creatively and professionally. From creating themes and strategies to executing them. Dealing with the media, Dj's, magazine companies, sponsors, etc. to dealing with the internal ups and downs makes the experience memorable. We learned so much that has prepared us for situations that may not necessarily be related to music. But to create something from nothing, working on our own is special. Selling over 75,000 units unsigned is amazing. Ludacris sold 50,000 units underground so go figure. We are in it for the long haul. This has been a great experience, eight years in the making.

            It has definitely been a pleasure sharing information on Tino Pasquier and his company, Firesquad Records. Please stay tuned as we will do a second artist management focus, reviewing Sherry Marsh of Marsh Entertainment in Hollywood, California.  Once again, it has been a pleasure sharing with the world! I am feeling more accomplished than the day before!