Incorporating Business Experts Advice into My Own Business Plan

 

  

 Mr. Donald Trump has been a business leader that many entrepreneurs look up to to follow. He believes that a business without a business plan will not survive because there is no direct focus. He couldn’t be more than right. As a student earning my masters degree in Entertainment Business, I clearly agree with Mr. Trump with a business plan guiding me with my own business for my online marketing company Simply Entertainment Marketing and the subsidiary business called All About Musik. As I sit and examine my business plan in the making, it is causing me to develop the necessary directions with focus and determination. The directions I’m speaking of is building a winning team of experts who are skilled in the digital marketing field for the entertainment industry that will help guide me in the right direction. Secondly, understanding who my target audience is specifically will give my company a better leverage on who to focus on with creating the business that caters to their marketing needs that is growing rapidly for artists and entertainment companies today.  Keeping up with technology and trends is essential for my business to implement because the entertainment industry is also known as trendsetters.  Being creative and innovative is my focus for setting new trends in my business industry. This allows S.E.M and A.A.M to build strong relationships with their clients and attract new clients. I understand in order for my business to make it successful, I need to keep up with the latest marketing trends, workshops, seminars, and listen to my clients on what they want. Marketing techniques are consistently changing, and new software’s are constantly improving to accommodate businesses needs.  In addition, it is good business sense to focus also on my competitors for what they are doing to better themselves, and how their target audience is responding to them. These are the focuses that will be strategically modeled after for my marketing and music business company to grow and be successful.

Ms. Oprah Winfrey Is another business leader I look up to because she has long Gevity with her business empire she grew thru the years, and it demonstrates her success thru out her career. Ms. Winfrey’s business plan advice I will incorporate into my business plan is to see what needs to be changed forecasting for the what- ifs moments. The what- if’s is almost being a psychic looking into the future for my business. I will need to research the possibilities that could possibly cause me to either be unsuccessful or successful when it comes to the operations of my business.  Understanding all necessary costs for operations, supplies, sales and everything else involved to run my business, will be the foundations in making money for my business. Implementing in my business plan every detail of cost matters because it’s the numbers that will determine my business health. Without incorporating the what- ifs in my business plan for my business just wouldn’t be business smart in my humblest opinion. In addition, Ms. Winfrey also believes that people who want to own their own business, needs to understand that there needs to be changes within their business plan as their business grows. I will follow this advice in my business plan because making changes will continue to help my business prosper, and keeping up with trends and technology for my clients marketing needs. In Oprah’s Magazine O, the author Ronna Lichtenberg “believes that by taking a day to think about the way you earn your living, you can make a huge difference in making your job more fulfilling” (Lichtenberg, R., 2001). This is true for my business because the work I do to earn my living is make a difference in lives that want their careers, and businesses to succeed through marketing and music business knowledge. Having passion makes all the difference in helping S.E.M and A.A.M grow.

The specific changes I’ve made for my business plan currently are changing the music business classes from a music industry big name facility to a community school in the same city. This will cut All About Musik’s monthly rent cost. LA City College in Los Angeles will charge All About Musik a cheaper rate to hold their classes the two nights a week needed than LA Recording School. Doing this change will take some pressure off the company’s monthly bill’s. However, All About Musik wants to teach at LA Recording School in the near future because the school is a larger target audience for A.A.M to attract, with anticipation that students will take advantage of S.E.M’s marketing services as the business grows to work with film and gaming students marketing needs. In this event, A.A.M will by then have more finances to afford to hold classes at LA Recording School after their classes grow a few years. Although, the class will cost a little higher to balance out the higher rent being paid. The changes made from the business plan will have changes as the company grows due to new technology, software, employees, and new marketing services added to S.E.M as a business.

The author Elizabeth Wasserman states, “According to inc.com “the financial section of a business plan is one of the most essential components of the plan” (Wasserman, E., 2010). The most important section in S.E.M’s business plan to angel investors would be the financial section in my opinion. This will give the investors the future forecast whether S.E.M and A.A.M business will be viable or wasting their time and money. There is nothing more worse than an investor who believed the business they chose to invest in was really a money pit. In other words, do S.E.M’s financial projection make sense? If so, then the investor’s can see that S.E.M and A.A.M is a good choice to invest in because they will see that the management team is capable of implementing S.E.M’s business plan. Last but not least, there are four steps in raising capital for angel investors, which are: executive summary, investor presentation, due diligence and investment. These four components are what make or break any entrepreneurs chances in receiving the funding he or she needs to start their business. The author Adam Hoeksema states, “According to the Angel Capital Education Funding report only between 1 and 4% of entrepreneurs that apply for angel investment funding will make it through the entire 4-stage process (Hoeksema, A., 2010). With that being said, it will be critical for me to understand how to implement the four processes in receiving funding from any angel investor. In conclusion, many people dream of owning their own business, but it takes research, skills, hard work and legal guidelines to make a person’s business dream become successful and grow. One thing I will say, never start a business without a business plan if you want to be in the future for long Gevity, because without a plan you have no future.

 References:

Hoeksema, A., (2010). Inc.com. Four Steps to Raising Capital For Angel Investors. Retrieved December 16, 2011 from http://www.bizplanit.com/blog/four-steps-to-raising-capital-from-angel-investors

Lichtenberg, R., (2001). O’Magazine. Retrieved December 16, 2011 from :http://www.oprah.com/money/How-to-Create-a-Business-Plan-for-Your-Career#ixzz1gaGMC9ft

Wasserman, E., (2010). How To Write the Financial Section of The Business Plan. Retrieved December 16, 2011

A Successful Business Has A Business Plan

Practically every successful business had started out with a strategic business plan. Business plans are strategic guidance that allows people to analyze their business ideas on written format. People have new and improved ideas for products and services all the time. However, it takes discipline, integrity, patience, resources, dedication, strategic planning, a smart business team and money invested to have a successful business. Two great business people come to mind when it comes to building a business empire and that is no other than Mr. Donald trump and Ms. Oprah Winfrey. Both are two of the greatest examples of leadership of entrepreneurship. If there ever were two people to follow in business planning, it would be Ms. Winfrey and Mr. Trump to learn from. 

 

Donald Trump was born in 1946 in Queen’s New York. As a child, Donald Trump’s parents sent him to a military school called New York Military Academy at the age of 13 to help channel his energy into something positive.  Because of the discipline teachings from the academy, Mr. Trump became a leader within his student body and a star athlete. After high school, Mr. Trump graduated from Pennsylvania University with a degree in Economics. According to Bio True Story, “Trump seems to have been strongly influenced by his father in his decision to make a career in real estate development, but the younger man's personal goals were much grander than those of his senior” (Bio True Story, 2011). Donald Trump believes a business plan helps an individual with focus and direction. He basically believes a business without a plan is a business that will fail. 

 

Oprah Winfrey was born in Mississippi raised on a farm by her grandmother who taught her how to read bible verses and poems by the age of three. By the age of six Oprah was sent to Milwaukee to live with her young mother who was working as a housemaid. Ms. Winfrey later in her childhood was able to move with her military dad Vernon who put her through college at Tennessee State University and found a job working in radio and television broadcasting. Since then Oprah has launched The Oprah Show in 1986 earning over $120 million in profit’s it’s first year, along with being the highest grossed daytime show in history. Ms.Winfrey states, "Where there is no struggle, there is no strength" (Winfrey, 2010). 

According to George Deeb who writes topics on his blog about business plans, there are six critical and key components that investors are looking for in a business plan: (1) your industry/competition; (2) business/revenue model; (3) sales/marketing plan; (4) management team; (5) cash requirements; and (6) forecasted financials/expected ROI (Deeb, G., 2011). Mr. Deeb believes industry and competition is the most critical because of the research needed up front. All six categories are all considered key because an individual cannot expect to have success without a plan that does not execute knowing the competition and industry for the business desired. Knowing how to implement the business structure is key for the operation of the business. The sales and marketing plan is being creative for all avenues reaching potential customers and revenues generated. A good management team can make or break a business, so it is important to choose a management team that really cares about the business and it’s future growth. Choosing a good management team means choosing a team with the skills needed for the job, prior experience, and a good fit for one another that share the same vision. Knowing your cash requirements is helpful because investors prefer a smaller cash need from a business than a higher cash need. All of these elements for critical and key components are what shapes successful businesses in tomorrow’s leader’s.

References: ABC News. (2011). Official ABC News Website. Retrieved November 26, 2011 from
http://abcnews.go.com/Entertainment/oprah-winfreys-chapter-gamble/story?id=15000171#.TtEmbeZnK2x
                       Bio True Story. (2011). Donald Trump Biography. Retrieved November 26, 2011 from
http://www.biography.com/people/donald-trump-9511238
                       Deeb, G. (2011). Lesson #7. Key Components For Writing A Business Plan. Retrieved November 26, 2011 from http://redrocketvc.blogspot.com/2011/03/lesson-7-key-components-for-writing.html
                       Trump, D. (2011). Official Website. Retrieved November 26, 2011 from http://www.trump.com/
                       Winfrey, O. (2010). Oprah Winfrey Quotes. Retrieved on November 26, 2011 from
http://www.strategicbusinessteam.com/famous-small-business-quotes/oprah-winfrey-quotes-business-success-secrets-of-a-talk-show-billionaire/
                      
                      

 

Celebrity Buzz Update!

 Monique's next  two interview's is with no other than Disney's very own Cartoonist of 18 years Marshall Toomey, and Johnnie O'Neal from the online radio show called "Johnnie O Gospel Show" from Chicago. Feel free to sign up for Monique's email list for updated future posts! Don't forget to visit her Facebook Celebrity Buzz page and Twitter page. Also, stay tuned for other entertainment news and announcements. Older Celebrity Buzz talk is posted on the Facebook page and blog archive. One Love!

Celebrity Buzz Talk With Shanice Wilson!

 Shanice Wilson

 The blog before this blog was about how Shanice is using digital marketing to her advantage through her social networks, and her personal website called www.shaniceonline.com.  There are many artists out in the music industry who can sing, but when you can remember an artist who can just blow you away with his or her vocal talents, a fan will never forget that artist. One of my favorite singers in the early 1990’s was no other than Shanice Wilson who was signed to A&M Records in 1986. She has always been an artist I had always looked up to because she gave her fans good music. She’s soulful, gifted vocally, and presents herself like a real lady should. Shanice never sold herself out by turning into an artist who exposed her body to fans just to like her; and for that, it is why I have always respected her.  I did get one chance to meet her on the set of the show called “Martin” created by Martin Lawrence at CBS studios in 1991 where my cousin Cliff Miller was on the game show called Gladiator. Just like I expected, Shanice was kind and friendly to meet. 

I am happy to say after 20 years of Shanice still being one of my favorite artist, it was an honor and a privilege to speak with Shanice early this week about how going independent has taken a positive turn for her, and how many past and new artists are headed with going independent. We also spoke about her giving new artists and entertainment student’s advice on where the music business is headed. Here is what Shanice Wilson and I talked about:

(Monique)- Good afternoon Shanice! thank you for allowing me to speak with you about how the music business is changing, and you being an independent artist!

(Shanice)- Thank you Monique, it is my pleasure!

(Monique)- Many people in the industry remember that John McClay discovered you and you were signed to A&M Records in 1986. Then after two years with A&M you were signed to two other record labels that were Motown and LaFace Records. By 2005 you started your own independent label called “Imajah/Playtyme Records”. With that being said, why did you decide to go independent as an artist?

(Shanice)- I decided to go independent because of the advantages I saw. First of all, an artist has to go through his and her label to get permission to do whatever is presented to them. If an artist wants to talk with their fans, they need permission from the label to do so. If an artist wants to do anything and have their own ideas, they have to consult with the label first. Being an independent artist the artist has the freedom to do what they want without having to deal with someone telling them what to do. The downside in being an independent artist is the financial side weighs heavier on the artist. Being signed to a major label the artist financial responsibilities are being taken care of by the label. However, make no mistake, the artist will pay back every penny they owe their label!

(Monique)- Wow! So the glamour looks good up front, but behind the scenes of it, the artist is hit with the reality of the business side.

(Shanice)- Yes! I didn’t earn much from the sales of my albums in my earlier career Monique! I wrote many of my songs and that is where most of my money came from. Everyone got paid before me, but my song writing brought me royalty checks up to this day!

(Monique)- I am well aware of that strategy in this business. Song writing is where the bread and butter is at the most. If there is any advice you can give entertainment students and new artist who are trying to make it in the music business today what are they?

(Shanice)- I would say “know who you are as an artist, don’t depend on the label to tell you who you are like I did if you are signed by a major label”. I’m saying, don’t allow the label to make you be an artist you know you are not feeling comfortable being. Being confident in yourself and your music will help you get where you want to go”. Writing your own music is the best thing an artist can do because it’s what will give them long Gevity for making money from the songs the artist created for years to come. Also, learn the music business side, it will help in the long run.

(Monique)- I totally agree! One last thing Shanice, I heard on KJLH 102.3 radio station that you had finished performing at the Wilshire Ebert Theater for HIV/AIDS awareness cause with Sheryl Lee Ralph doing the show called “Divas Simply Singing” on October 22^nd, 2011. I wanted so bad to attend the show because it is a worthy cause to raise money for finding a cure for HIV/AIDS virus, and Ms. Riley selected some great singers to perform like yourself.

(Shanice)- Thank you, and yes it is a worthy cause. As an artist I feel I have to give back when opportunities present themselves to me. The one thing I really believe in is caring for people. Sheryl Lee Ralph has been doing this cause for 21 years and I am happy to be a part of it this year.

(Monique)- Last but not least! What are you currently doing?

(Shanice)- Well, I am currently promoting my new single called “Tomorrow” that was released in March of this year, and doing some acting. “I have always loved acting and singing”. By next year in 2012, my husband Flex and I have plans on having our own production company. I also am excited to announce that I am singing on Michael Jackson’s new album called “Michael” on a track called “Behind The Mask” with Michael Jackson being released on 11-21-11. This will make a great holiday gift!

(Monique)- Wow! That is awesome! Well I can’t wait to hear about the production company, see you acting, more music from you, and Michael Jackson’s album with you singing with him on a song! I want to thank you Shanice for giving me your time to speak to your fans and anyone who enjoys good music from a great singer. We can follow you on your Twitter and Facebook sites, so fans check out my girl Shanice Wilson tribute to the one and only Ms. Tina Marie who adopted her as her auntie.  One Love.

 References: YouTube, (2010). Shanice Wilson Sings Tina Marie Deja Vue. Retrieved November 11,2011 from http://www.youtube.com/watch?v=bWhOOBCGThE

Shaniceonline, (2011). Shanice "Behind The Mask With Michael Jackson. Retrieved November 11, 2011 from http://www.shaniceonline.com/index.php?option=com_content&view=article&id=76:shanice-behind-the-mask-with-michael-jackson&catid=40:fp-roknewspager&Itemid=50

Music Artists Today And Digital Marketing

As technology expands within the entertainment industry, signed artists and Independent artists expand his and her ideas in being creative for maximum exposure in the music industry. Today artists are connecting more with their fans by developing personal relationships that allow their fans to follow them on social net works, artist blogs, and artist’s websites. It’s hard to believe that over a decade ago the only way fans could feel connected close to their favorite artist was to mail letters, email and win a chance to meet the artist. MySpace was one of the first places online artists tuned to for marketing and promoting their new album or single. Of course record labels marketed and promoted their artists too, but artists began to recognize something more personal when he and she connected with their fans on their social network site like MySpace. Fans are able to communicate with their favorite artist by keeping up with the latest news of concert promotions, artist appearances, album and single releases. This cycle exploded causing other social network sites to jump-start their sites to be compatible with MySpace. Soon after, Facebook took it to another level and artists began marketing and promoting having their own fan page on Facebook connecting with more fans. Twitter on the other hand did a twist and introduced online tweets from artists. Fans are excited to read what the artist is doing by reading the artists tweets and tweeting back to the artist. All of this began a domino effect in the entertainment industry and technology continues to improve more effectively. Everyone who is already known, and everyone trying to become known in the industry is utilizing the many directions digital marketing is guiding.

Independent artists have to push harder to market and promote themselves because there are no big labels pushing the sale of the artist music. Substantial finances play a big part when it comes to marketing and promoting artists music. Independent artists are more limited than artist signed. Independent artist have taken advantage more of their social network sites and created personal websites that features their music, merchandise, showcase appearances, and other resources about themselves. More artists today are going independent because he and she have better control of their music career.

It is independent artist like Shanice <Wilson>Shanice Wilson who gives other independent artist encouragement. She is an example like many other artists who utilize her social network sites and her very own website called www.shaniceonline.comto market, promote and brand her self. Shanice Wilson navigated her way up the music charts in the early 90’s as a dynamic R&B soul singer. She was signed to Motown Records in 1991 featuring her album called Inner Child with the popular song “I Love Your Smile”. It was after 1999 Shanice went independent as an artist. By 2006 Shanice brought her single out “Every Woman Dreams”. Since then Shanice has been utilizing her social networks and personal website to promote and market her music. Fans are excited to be able to reconnect with Shanice in a more personal way. Never before has it been easier for artists to reach their fans faster from around the world by online presence.

 Here is Shanice singing her new song "Tomorrow"

Reference: Wilson, S. 2011. YouTube "Tomorrow". Retrieved October 30, 2011 from www.youtube.com

Wilson, S. 2011. Retrieved October 30, 2011 from www.shaniceonline.com

What Are Some New Industry Trends Authors Are Doing To Promote Their Book?

As an inspiring author, I researched some trends that authors today are doing to market and promote their books. To my surprise I was amazed at the different directions authors are going. For instance, many authors dream is to get published by a major publisher, however, that has become slim. Most major publishers are signing an A-List client first such as celebrities or well known already authors. At the same time, some well-known authors are experiencing the same reaction from the major publishers as well. What was interesting in what I found was the way authors are going about getting their book out to the public. In addition, technology has opened up a new world for author’s to promote his or her book out faster. This is going to amaze some of you who are self publishing your book as well if you are stuck on what to do about promoting your book. Many authors today are doing what you call a blog for their book promotion. This is great in my opinion because it’s another way in building more of a fan base! An author can post their book blog on their social networks, and their websites. Many authors I read are putting sample chapters each month to their blogs. This is called a teaser. It causes the reader to want more of the author’s book waiting in anticipation for their book release. Making a website is another way to get readers to know about an authors book and about the author. Please make sure you have copy written your book first before posting your book chapters to anything!

            A website is another great site a customer can buy an author's book by ordering with PayPal, and read sample chapters from the book. According to Professor Craft "having resources on an author’s website as well is good to have" (Craft, K. 2011). On my website I would have some resources for victims of domestic violence to get help. As an author who is writing a book on domestic violence, I want the customers to buy my book on my site, but also a T-shirt, a coffee mug, and a tote bag with the books image on it to make the customer feel engaged to my book. The title of my book is a hook, so a reader would buy the additional items because the hook makes a person think towards a positive mind. I won’t stop there, how about a CD single to go along with the book sung by me. Although, it is not wise to sing if you can't, you may get bad reviews! Finding mentor's to get reviews for an author's book is great for recommendations. I may choose to make a deal with my therapist I had counseling with to sell my book in his office. This reason is because he deals with domestic violence victims a lot who can read my book to help them heal even faster. In exchange I will promote his business on my website and social networks. An author has to think outside the box in order to become successful and stand out.

It doesn’t stop there, some authors are also sending out mass emails that are free as well of their chapters to draw customers to buy their book when it’s published. Some authors I read are partnering up with independent stores like Costco, Starbucks, Sam’s Club and specialty stores to sell their books. Don’t forget about if you are a college graduate that it maybe in your best interest to get your book published in your school’s alumni magazine.  All of this is building the buzz about the book. Research is amazing to an author who is diligently searching how to get their book out when the big publisher’s are not talking to them. However, once an author get enough buzz about their book and make some decent money, the author may get that phone call from a big publisher that wants to sign them. The big publisher may come looking for the author if they feel the book is profitable to their standards. If this happens to an author, the author can negotiate a better publishing deal on his or her terms! 

In conclusion, whatever is best for promoting and marketing the book, always remember going above and beyond helps in becoming successful than being mediocre. Here is a link to help authors and inspiring authors check out for more idea’s to market their book. I wish you all great success in your book endeavors.

  http://www.matilijapress.com/articles/promote_novel.htm

Is the traditional business model of publishing changing?

As I have researched the Internet about the best way in getting my book published, I have discovered some changes with the business model of traditional publishing. First, let me say, I am happy about writing my biography of my life. I use to be a victim of domestic violence, abused in a bad marriage. Many victims are not here today to tell their story, and that is why I am very grateful that God gave me the opportunity to tell my story to inspire those whom are going through domestic violence, or those who had a family member or friend who did. I believe it is critical for me to understand the new changes for getting my book published. It also means as an author, I understand the new roles that today’s authors are facing. 

Once upon a time about two decades ago, authors wrote their stories on a typewriter, used white out, and rewrote their stories over and over again. This kind of writing made authors frustrated, stressed if words were misspelled incorrectly, and few authors finished their stories due to so much time having to be put into writing from typing on the typewriter. If an author did finish their book, the next step was getting it professionally edited, shopping for a publisher, a literary agent, and so on. However, today more people are writing because technology has changed. Now more people have PC’s in their homes, which cuts down an author’s frustration for misspelled words and using white out for corrections. The computer has caused more first time writers to write books and get them published. Word processor programs, publishing software, and sophisticated laser printers contribute in helping people write novels more today also. Let’s talk about why is traditional publishing changing. First, I can say that when I researched about today’s publishing business model, I discovered that if an author independently self published them selves a couple of decades ago, the author’s work was not considered good and lacked talent. Today that has changed. More authors are self-publishing their books because publishing companies have made it almost impossible to support an author unless he or she is well known and famous which is called an A-List client. Secondly, being a celebrity or a famous author, more popular literary agents are publishing more big name clients instead of un-known authors.  Publishing companies are taking a fine tooth-comb and looking to see where and how they will be successful in profits for signing celebrities because after all, agents make his or her living by commission.

A regular author has a far less chance in making a living writing a book today. According to Steven Mather “it has become more difficult for the aspiring writer to get published and make any significant money doing so”, “You can’t make a living at writing, but you can make a killing” (Mather, S. 2009, Para. 4). The reason it’s harder for an author to make a lot of money quickly is because more people are writing and less people are buying hard copy books. The digital era is in. More authors have to work harder because of their competition, advertise them selves by using creative marketing techniques, and getting an agent to shop for a reputable publishing company.  I will be honest, I never dreamed of writing a book, but because I have an Apple computer that is the latest technology of PC’s, I thought it would be easier to write my book. Is it easy writing? I will say it has been challenging, but I am determined. I have not made up in my mind which way to go as far as self-publishing or shooting for a big literary agent. I’m almost convinced I would do better to self publish my book. I was amazed at the astonishing number of authors that were published over the last two decades.

Steven Mather states the number of new books published per year has skyrocketed from 50,000 in 1985 to near 200,000 in 2004, many written by first-time writers (Mather, S. 2009, Para 4). So all you first time authors, good luck, and much success to you all.

Mather, S., (2009). Is the future of traditional publishing changing? Retrieved on October 6, 2011 from http://it.toolbox.com/blogs/project-decisions/the-future-of-publishing-the-collapse-of-the-traditional-buisness-model-30236

Mather, S. (2009). Has the traditional business model of publishing begun to change? Retrieved on October 6, 2011 from http://it.toolbox.com/blogs/project-decisions/the-future-of-publishing-the-collapse-of-the-traditional-buisness-model-30236

 

 

Entertainment Law Update Podcasts

Monkeying Around with Copyright Law

 Many people find themselves in trouble when proper procedures are not followed when it comes to understanding copyright laws and the legalities involved. Copyright owners are fighting back when their materials and trademark names are being used without the proper authorizations. It was interesting to learn how Shaq the basketball player who played at the time for the Phoenix Suns in 2008 filed a lawsuit against a man named Michael Calmese for trademark infringement. Mr. Calmese improperly used Shaq’s trademark name “Shaqtus” on different items sold on his website called True Fan Logo Inc. According to Nick Divito, “Shaquille O'Neal's company wants a businessman to stop selling items over the Internet that feature a cartoon character of the basketball star in the form of a cactus. The character plays on O'Neal's nickname as "The Big Shaqtus" after his move to the Phoenix Suns in 2008” (Divito, N., 2010). The Nevada court ruled in Shaq’s favor based on the 8 factors of trademark confusion. The Nevada court determined that Mr. Calmese purposely meant to cause confusion to the public. The final decision by the court demanded Mr. Calmese from continuing to sell Shaq’s trademark name made on items over the Internet, and ceasing the domain name shaqtus.net.  

Preparing for my own business plan of an artist management company, it is important to know the laws to follow for proper authorized permission from a copyright owner when I want to use an owner’s copy written material. An artist management company many times uses promotional advertisements using photos, videos and music on their websites advertising materials of artists to inquire customers from the music business. On the Internet I have found information from a company called Verdict Management who has a professional staff in helping entertainment businesses like mines with services helping with legal issues, business plans, and all other genre’s needed. An important advice I will follow is staying on top of current IP laws when it comes to my business. (Episode #23)

Divito, N. (2010). Shaq wants man to quit using “Shaqtus” mark. Retrieved September 24, 2011 from http://www.clublakers.com/nba-discussion/shaq-wants-man-quit-using-shaqtus-mark-t118631.html

Firemark, G.P., (2011).  Entertainment Law Podcast Episode #23. Monkeying around with copyright law. Retrieved September 24, 2011 from http://www.entertainmentlawupdate.com/

Record Labels to pay $47.5 Million

            It sounds strange to hear record labels preparing trust accounts to pay legal fees for possible future lawsuits against them for illegal copyright infringement usage. In Canada the courts have had several incidents where some Canadian record labels have taken on a new type of action to prepare themselves for possible lawsuits from copyright owners. The record labels would put away a substantial amount of money in a bank trust account in case their appellants would win. Additionally, the labels would try to settle for $47.5 million if their company was ever taken to court for using other songwriters music unauthorized and not paying out royalties. The courts saw this as being unethical as a business, and had determined that the labels did not do a good job in locating the copyright owners. The question had risen “should this type of action be allowed without some kind of repercussion behind it”? The courts in the U.S. also had seen this same type of behavior from record labels doing the same unethical action. In 2008 the United States courts had implemented a new penalty called “Timely Paying Mechanics” penalizing record labels from their intentional copyright infringements. The U.S. courts feel also that copyright owners need to stay on top of their materials to keep the unethical actions from continuously rising.

Good advice would be to always keep up with any copy written materials a business or person copyrights. A business or a person never knows whom maybe taking advantage of their works and making money that really belong to the rightful owner. I will make sure that anything that I copyright for my business will be properly registered and implemented in my business plan. What I’ve learned online is that there are plenty of lawyers who are knowledgeable in helping me with my business to stay in compliance with the law. (Episode #17)

Firemark, G.P., (2011). Entertainment Law Podcast Episode #17. Record labels to pay $47.5 million. Retrieved September 24, 2011 from http://www.entertainmentlawupdate.com/

Tribute Band Names

            Popular artists from around the world have been imitated for their style and music. Las Vegas is the capital where a person can go see some of their most favorite look alike artists or band being played by other people who can sound and look like the original artists. However, some artists do not allow their name brand to be paraded out in the limelight without proper consent. For example, a popular band called Aba notified all tribute bands to stop using their trademark name, and change the tribute band name writing cease and desist letters at this point. Another band who had been against their trademark name being used were the world famous Beatles. The Beatles heard about a show they hated called “The Beatles Mania”. The Beatles filed a lawsuit against Apple v. Liber who created the tribute show in 1986 for publicity violations and unfair competition. The defendants claimed that the first amendment gave them the right for fair usage. The courts examined the reasoning and laws that helped support the defendants claims and found that the show Beatles Mania was not allowed to use the name Beatles due to commercial exploitation.

The best advice I believe in this kind of situation is that no business should allow anyone to use his or her brand name any kind of way. Protecting a name of a business by an owner helps keep it’s value and identity free from possible defamation damages.  For my business plan, I will make sure my business name and logo is properly protected. It is best in making sure anyone who wants to use my business name for promotional purposes will have to get my consent. The Internet is full of prying hackers waiting to find people who have no knowledge in understanding the laws. For me, my business name is who I am, and I must represent my business in the most professional and honest company my customers can trust. (Episode #12)

Firemark, G.P., (2010). Entertainment Law Podcast Episode #12. YouTube, Hurt Locker, Idea Theft & More. Retrieved on September 24, 2011 from http://www.entertainmentlawupdate.com/

 

 

Industry Liabilities

 How Jay-Z and Kanye West Beat the Leakers With 'Watch the Throne'

Practically everyone who listens to music realizes that most of his or her favorite artist music has been downloaded before it is released to buy. Music Piracy has been the biggest issue in the music industry for over at least two decades. Piracy is a crime and is connected to copyright infringement. More rap artists has dealt with this kind of problem the most. Record labels have tried to think of many ways to slow down music piracy but have not been too successful to ending it. It is unfortunate that sites such as LimeWire who is no longer in existence have caused damages to artist and record labels. LimeWire is currently under a court order for not getting proper permission for music downloads they allowed their customers to obtain. Rap artists such as Jay-Z and Kanye West have taken extra pre-cautions in keeping their recently released album “Watch the Throne” under tight security measures with the CIA before it’s release date into stores. According to Steven Horowitz from The Hollywood Reporter “the duo successfully staved off hackers with a leak-proof strategy -- an anomaly for an industry consistently brought to its knees by web-savvy individuals eager to share unreleased material with the world” (Horowitz, J.S., 2011, Para 2). Both artists wanted their listeners to get that first experience in opening the CD and listening to it for the first time with amazement like back in the day. The engineers Mike Dean, Anthony Kilhoffer and Noah Goldstein had the music’s hard drive secured in one engineer’s brief case. The engineers had disabling their Wi-Fi on their computers so hackers could not get to the sessions for leakage. To open the brief case one has to use their finger that is registered with high profile software and have it scanned to open it! Some record executives believe that this could be a measure that other artists may take with their music.

My Opinion: I believe if this is a way an artist and record labels can protect the music from illegal copyright infringements then I say it is worth it. After all, music piracy has caused artists and labels to loose a lot of money due to some people who have no respect for artist’s hard work. Maybe this can even work in the film industry as well. This goes for me getting permission with my business when I want to promote using an artist picture or music on my website.

Horowitz, J.S., (2011). How Jay-Z and Kanye West Beat the Leakers With "Watch The Throne"

http://www.hollywoodreporter.com/news/how-jay-z-kanye-west-222723

 

Why Music Producer Dr. Luke Sues People Who Claim He Copies Songs (Analysis)

It has been known in the past for artists and music producers taking other artist work and using loops of the original work in their own song. Rap music is big on this kind of accusation. However, the law had implemented in the late 80’s and early 90’s a clause that artists must get proper permission from the original artists to keep from being accused of copyright infringement. The original artist can cease and desist the activity sales to recover damages for the profits made on the song or film. Producer Dr. Luke is all too familiar with being accused of copyright infringement for other artist’s music. For instance, he was accused by the Bellamy Brothers for plagiarizing the same music tune for the song he produced for Britney spears hit song called “Hold It Against Me” in march of 2011. He was found in court not guilty. Many artists compare their music with his songs on YouTube and it is why Dr. Luke is called to court on many occasions. However, Dr. Luke has decided to strike back at artist with a term called “defamation” of his character in court. According to Eric Gardner of Hollywood Esq., “Dr. Luke is also currently engaged in a similar kind of dispute with the songwriter Chrissy over claims of copying her song, "My Slushy" to create Ke$ha's "Tik Tok” (Gardner, E., 2011, Para. 11). Dr. Luke states "These days, anyone can put two songs up and make a mash-up by changing the key of this one and say, 'Oh, these songs are similar.' A lot of things are similar. But you don’t get sued for being similar. It needs to be the same thing. Almost doesn’t count. Close but no cigar. People are suing for close” (Dr. Luke, 2011, Para. 12). Dr. Luke believes it has caused damage to the new song Tik Tok Ke$ha’s, and fans will hold back from buying the single because of it. You hear of this kind of accusations quite often, and it is why the law allows the original artist or songwriter to sue for large financial damages.

My Opinion: I understand why some of the artists have accused Dr. Luke of copyright infringement, but I also believe that it is important to know that a person would not continue to be believed of this wrongful act knowing it would jeopardize their career. I also feel the artist should really get legal representation to listen to their song and compare the song being misrepresented with their original work. I feel this kind of strategy will save the accusing artist time and money.

Gardner, E., (2011). Why Music producer Dr. Luke Sues People Who Claim He Copies Songs

http://www.hollywoodreporter.com/thr-esq/why-music-producer-dr-luke-229428

Digital drives music sales up 4.8%

It has been reported that digital music sales have increased making artists and record labels happy. Music Piracy has caused artist and record labels to loose money. Record labels have tried coming up with ways to stop the music piracy but continue to brainstorm for answers. According to Christopher Morris an editor at Variety Magazine “The digital side now accounts for 32% of all album sales, with electronic music the leading genre, taking 49% of the pie” (Morris, Christopher, 2011, Para. 5). More artists are using the digital music websites such as iTunes and CD Baby to have their fans purchase their albums and singles. Artist believe this gives them better control of their sales and having their own online store on their websites will slow down the music piracy. Websites such as LimeWire that allowed unauthorized downloading are continuously being taken off the Internet by the Recording Industry Association of America (RIAA), and anyone found guilty still downloading illegally will be prosecuted. The rise in digital sales reported in 2011 has been gospel, classical, new age, country, electronic and rock, which means true fans are following the guidelines to proper downloading. Entertainment Analytics David Bakula states, "I think the year will end very positively" (Bakula, D., 2011, Para. 15). Currently the trend is more artists are allowing their fans to listen to snippets of their songs on the album on their websites, and setting a lower price for the digital copy and a little increased price on the physical CD for them to purchase. Also, more artist are putting out singles than albums because they feel their fans are buying what they want instead of picking certain songs off their album to illegally download. Due to this kind of strategic planning by artists, it has actually slowed down some of the illegal down loading and loss of revenues.

My Opinion: I believe that it is a good way to slow down music piracy for the music industry to allow more singles to be put out by artists. The main reason people illegally down load is because they’re looking for only their favorite song or selective songs if the album is not meeting their expectations. I do believe also by the music industry using this strategy that artists are going to have to work harder for better albums for their fans demands to increase their album sales. Whether it is digital or physical sales of artist’s music, I feel digital sales may take over.

Bakula, D., (2011). Digital drives music sales up 4.8%.

http://www.variety.com/article/VR1118041820?refCatId=16