Entertainment Law and How it Pertains to your Business

This week I had the pleasure of listening to three Entertainment Law podcasts by Entertainment Lawyers, Gordon Firemark and Tamera Bennett. As I listened to these podcasts, I noticed that most of the topics did not directly pertain to the type of business that I would like to start, but the laws are universal when dealing with matters of any entertainment business.

The first podcast I listened to was on 360 deals, rights of publicity, and more (Episode 29). The podcast featured stories about the different types of 360 record deals, digital sales of music versus physical music sales, and several other topics. The topic that really stood out to me was the case involving copyright termination.

Roger Miller was a singer/songwriter in the 60’s. He passed away in 1992 and his family sued Sony over ownership and royalties for his songs. The songs he wrote were released in 1964 because of the first 28 years of copyright. After 28 years, the copyright needed to be renewed and Roger Miller made sure he completed his trademark renewal before it lapsed. The twist in this story is that Miller passed away the last year of the copyright. In order for heirs to get ownership, the author of the copyright must live past the 28^th year of copyright. Higher courts ruled that Sony would possess his music, but the lower courts ruled that the family owned the rights of his music.

Although this pertains to copyrights with music royalties, my company also has copyrights to protect. I will have a company blog and songs available for song selection and if I allow the copyright to lapse, I run the risk of someone claiming the ownership of my music and domain name of my blog.

The second podcast I listened to focused on trademarks. Episode 33 entitled Cease and Desist, but nicely mentions a lawsuit between Eastland Music Group and Mandate Pictures. Eastland Music Group accused Mandate Pictures of trademark infringement. Eastland Music Group has been using the name Phifty50 since 2000 and believed that the movie “50/50” infringed on the trademark of their music company.

They were afraid that Mandate Pictures and Lionsgate Films would tarnish their reputation, goodwill, and would cause consumer confusion. The judge watched the movie about a 27-year-old diagnosed with cancer, and ruled that there was no way the movie would cause consumer confusion for Eastland Music Group’s usage of Phifty50 for business purposes.

The topic of trademarks and trademark infringement pertains to my business because it is a form of intellectual property (IP) I would like to protect. Registering my trademarks with the United States Patent and Trademark Office (USPTO) will help protect me from the possibility of trademark infringement and dilution.

The last podcast I listened to was entitled Publicity, Politicians, Godfathers, and more (Episode 34). In this podcast, there was an issue of defamation and a lawsuit filed by Steve Wynn against Joe Francis. Joe Francis had incurred a debt at one of Wynn’s Las Vegas Casinos. When Wynn sued Francis to collect the debt, he began receiving threats in and out of court along the lines of “being found in a hole in the desert.” Wynn sued for defamation and was awarded $40 million, which included punitive damages as well.

Defamation does not directly affect my business, but there is a possibility it could happen. Defamation could come from competition or jilted employees. To protect myself and my company from defamation, I could write a clause in my contract that outlines the possible punishment and repercussions if defamation was ever an issue.

I found the podcasts very beneficial to the creation of my company and I hope you found it informative as well. If you did not learn anything from the podcasts I mentioned above, I want you to remember to protect your intellectual property. Once your IP is gone, you may not get the chance to get it back.

Legal Matters in Entertainment

This month I decided to write a post about law and how it affects the entertainment industry. Below I have reviewed recent legal cases and I have given my opinion on them as well. The first case I reviewed is a case involving the late King of Pop and issues surrounding the ‘Thriller’ video. The second case involves the release of song lyrics through unauthorized websites and the last case involves the band No Doubt and Activision, the makers of the game Band Hero.

Case 1: Michael Jackson Estate Settles Dispute with ‘Thriller’ Director John Landis

Just in time for Halloween, I decided to dissect the case involving Michael Jackson’s estate and director John Landis. Michael Jackson’s estate has finally reached a deal regarding the 1983 music video for “Thriller.”  In 2009, Michael Jackson and his company were sued by John Landis and producer George Folsey Jr. for a $2.3 million debt for creating the music video for “Thriller.” There was also an adaptation of “Thriller” for musical theater that the three parties agreed on, but before the production was made, Michael Jackson passed away in June of the same year. The Nederlander Organization sued the estate because there was a breach of contract. Instead of following through with a musical production, Jackson’s estate gave Cirque de Soleil permission to create a production called Immortal, using Michael Jackson’s repertoire. Eventually both parties reached an agreement, which is listed as confidential.

I was a HUGE Michael Jackson fan, so I was very excited to read and dissect this case. I commend estate executors, John Branca and John McClain for making sure that debts were paid off. Since Michael Jackson’s death, the estate has paid off $500 million in debts. I was actually shocked that the parties came to an agreement, especially since the estate gave Cirque du Soleil the okay to create a production based on his music. This case has been a standout case to me especially when dealing with estates that are unwilling to pay their debts. This case ended with an amicable agreement between all three parties. Kudos!

Case 2: Music Publishers Win $6.6 Million in Song Lyrics Copyright Case

In this case involving song lyrics, music publishers won a $6.6 million lawsuit in a copyright infringement case against LiveUniverse, who also owns completalbumlyrics.com, lyricsandsongs.com, and lyricsdownload.com. LiveUniverse’s websites were found guilty of releasing lyrics to 528 songs from artists such as Ray Charles and Van Morrison. LiveUniverse’s founder, Brad Greenspan went to court and was given a preliminary injunction on the websites. On the other hand, the music publishers asked the judge for ownership of the lyrics websites and they won.

This case is a very important case because it relays the message that illegal lyrics websites will have a hard time winning a case involving the unlawful use of posting music lyrics. I believe the music publishers were right to sue Brad Greenspan, but I also think they should have been awarded more than $12,500 per song, but less than what they initially wanted--$100,000 per song.

Case 3: No Doubt, Activision Settle Lawsuit Over Avatars in ‘Band Hero’

In this case, Gwen Stefani and No Doubt finally settle a three-year old lawsuit against Activision—makers of the game, Band Hero. No Doubt entered an agreement with Activision agreeing that Band Hero could use their likeness in the video game. Activision not only used their likeness but they also went against what was agreed. Activision featured the band playing songs they had never played before and even went as far as having Gwen Stefani singing in a man’s voice, the Rolling Stone’s “Honky Tonk Woman.” After the lawsuit was filed, Activision claimed that they did not breach the contract because they exercised their First Amendment rights. The California court sided with the band because the video game company was wrong to depict the band as doing things the band wouldn’t normally do. On October 3, 2012, they settled the lawsuit for an undisclosed amount.

This case doesn’t necessarily affect the music industry per se, but it does involve musicians. I did not agree with Band Hero having Gwen Stefani singing a Rolling Stone’s song about “having sex with prostitutes,” but I do agree that video games should be able to use the likelihood of musicians in a tasteful manner that would typically depict what the artist would do on stage. 

What Child is This: Childish Gambino

So, I was doing my homework watching the 2012 BET Awards and a rap cypher came on. For those who aren’t familiar with that term, a rap cypher is basically a group of rappers taking turns supposedly “freestyling” over a continuous beat. In the cypher featuring Angel Haze, Joey Bada$$, Driicky Graham, Childish Gambino, and A$AP Rocky, there was one artist that stood out to me the most. His name is Childish Gambino aka Donald Glover. If the name Donald Glover sounds familiar, it is probably because you have seen him or know of some of his work.

Hailing from Stone Mountain, Georgia, Glover did not get his claim to fame as a rapper. Glover attended DeKalb School of the Arts and graduated from New York University with a degree in Dramatic Writing. In 2005, Glover was a writer for The Daily Show and from 2008 to 2009, wrote for the NBC hit series, 30 Rock, where he was awarded the Writers Guild of America Award for Best Comedy Series. Glover can currently be seen on the NBC show, Community as Troy, the ex-football star. When asked about his music career, Glover stated, “I knew that…people would find out I’m a comedian before they know I do music, but I’ve been doing music long before any of that.”

Then we meet Childish Gambino…

I find Childish Gambino an interesting person with a very interesting name. You’ll never guess how he received the name—through an online Wu-Tang Clan name generator. Pretty neat, huh? I checked my name in two Wu-Tang name generators and was given the names Grand Moff Puppeteer and Zexy Swami. I think I like the second one better, but I digress. Since stepping on the music scene, Gambino has had seven releases—four albums, two mixtapes, and an EP. So, what’s the difference between Childish Gambino and Donald Glover? Absolutely nothing. Gambino, or should I say Glover, uses his comedic writing skills and uses them in his lyrics as well. Lines like, “he on BET and he got white people problems like…whole foods doesn’t have the juice I like so I have to go to, you know…Trader Joes and have it shipped to me” are plays on his “black boy raised white boy” persona.

CAMP, Gambino’s first studio album was released November 2011 and premiered at #2 on iTunes. Gambino purposely delivered an album that was not your typical, in the streets, flaunting money, jewelry, and women, type album. He describes this album as a “partial race thing- like, ‘black people don’t camp.’ Going to camp is also when you experience real life away from your parents…plus I wanted to deal with the ‘if you’re not black enough, you’re gay’ thing.” CAMP is an excellent album that leaves listeners wanting more. I am officially a fan of Childish Gambino or Donald Glover—whatever you choose to call him.

Childish Gambino’s latest mixtape, Royalty, was released July 4. 

To Be or Not to Be: The Importance of A Musician's Image

I was compelled to write this post after reading based on a certain R&B musician featured on MTV’s latest installment of ‘Love and Hip Hop’. There is a musician named K. Michelle who was on the show and wanted to be taken seriously in the music industry. She is beautiful, she writes music, and she has a beautiful voice, but she is missing two important things that could possibly give her mainstream success—a new attitude and the one thing I’ll address in my blog—her image.

Artists must understand that an image that does not relate to your music is one of the top 10 mistakes that can make or break anyone in the music industry, especially if you do not create an image that you can truly live by. The beauty of being an artist is that you can create a unique and engaging image that solely defines you. For example, Beyoncé is very poised and shy and her music and interviews reflect that. On the other hand, her former alter ego, Sasha Fierce is more on the wild side and was the person you would see when she performed on stage.  

In Frascogna, Jr. and Hetherington’s book, ‘This Business of Artist Management’ (TBAM), they discuss the importance of a musicians image from a managers point of view, but I am going to explain how a few of them applies to musicians.

Number One: What is your intent? You must decide what you want your image to portray. Your image must tell us who you are as a person, but also be reflective of your music style.

Number Two: Are you creating an image or following a trend? You want to create an image that could be considered traditional or classic. In other words, as trends come and go, you want to make sure that the image you create will withstand industry trends—remain original while still incorporating your own style.

Number Three: What is your existing image? Do you already have an image? What is your existing imaging saying to the public? Are you trying to change your image to depict a new you? Make sure you incorporate flexibility while trying to create an image; it will make for an easier transition and will not turn off fans.

Going back to the original story, if K. Michelle incorporated these three points listed in ‘TBAM’ I think she would be an artist that a manager would not mind representing. Incorporating these three things along with other factors listed in TBAM would be a great investment in your musical career!

Artist Development: Investing In Your Craft

I really felt the need to speak about investments. Investments are things we believe will give us a large return in the end; things we believe we can more than double our money with if we make the right choices. Don’t worry, this post is not to clutter your minds with numbers and concepts, but to give my opinion on very important investment musicians should consider.

When advancing in life, there are always investments involved—if you would like to have a good paying job, it is wise to invest in college. If you want to increase your stream of revenue, you could invest in stocks; if you would like to become a great musician, you also have to make an investment—you must invest in YOURSELF!

The investment that I am talking about is artist development. Artist development is the stepping-stone for creating a successful musician/ group. Artist development includes image consulting, song writing, interviewing skills, song selection, and vocal coaching, just to name a few. In order to be a marketable and attractive artist to a major record label, they would like to see what you have invested in yourself before they decide to dish out any money or time. Record labels want to see that you have a fan base; you should create YouTube videos and compete in talent shows and open mic competitions.

Most people would like to skip the artist development stage, but artist development is the foundation to a house of potential wealth and fame. Without a strong foundation, the house would crumble. Aside from having a vision for what you would like to accomplish with your music career, record companies would like to know if you would actually be an asset or a liability to them—in other words, would you bring value to the label or just be dead weight.

I told you I wouldn’t muddle your brains with financial concepts or numbers, but I do want you to remember: In order to be a successful musician, you must invest in artist development so you can be an asset instead of a liability.

What do you think?

Atlanta Frank Ocean Concert Review: Tuning In to Channel Orange

Sorry for the delay, but as I promised, I am writing to give you the review for the July 22, Frank Ocean concert in Atlanta, GA.

8:21 pm       Center Stage    Atlanta, GA

The line is wrapped around the building with people from all walks of life waiting to see Frank Ocean—there were “hipsters”, the funky and flashy, the live and laid back, and those hoping to hear more about the latest "coming out" news surrounding the Channel Orange crooner. Upon entering Atlanta’s, Center Stage, there was a DJ playing the hottest tracks on the radio and people dancing (you know there’s always one person dancing like their life depends on it J). As me and my college roommate sat waiting for the concert to begin, we started going through our predetermined playlist we hoped he would perform. Before we knew it, the lights dimmed.

9:30 pm

Every emotion that evokes excitement could be felt in the small, intimate venue. Frank came on stage and opened with Prince’s, “When You Were Mine” followed by his most famous song, “Novacane,” “Thinking About You,” and others. The overly excited and engaging crowd was great, Frank Ocean was genius, and the live band was the cherry on top. I believe Frank Ocean is one of the most talented songwriters of today’s time and apparently the hundreds of people that were at the concert thought so too.

My favorite songs performed were “Novacane,” “Super RichKids,” “Sweet Life,” and undoubtedly, “Pyramids.” I think it is safe to say that everyone was hoping he would do “Pink Matter” (hey…he was in Atlanta, home of 3 Stacks. It would’ve been perfect! But I digress). The show was nothing short of brilliant and spectacular. He closed the show with an awkwardly placed cover of a song he wrote for Beyonce, “I Miss U.”

11:40 pm

My throat is sore from screaming, but I don't care. The crowd piles into the lobby and I walk away happily unsatisfied, but all in all I really enjoyed the show and the atmosphere. Even though he didn’t do my favorite songs, “Sierra Leone” and “Pink Matter”, this is a concert I will never forget!

Emmanuel Jal: Songs of Freedom

My first few blog posts were about concerts and musicians I enjoy. This post, like my last, is about the contributions and inspiration music adds to the world outside of typical beats and vocals.

Emmatnuel Jal is a musician, activist, and a child of war. Emmanuel Jal had the opportunity to speak at a TED event and inspired the audience by telling his painful story of being a child of war to a man of purpose and how music helped him through painful times in his life.

Jal grew up in Africa, in the region of Darfur, Sudan—during a time of violence and war. At a very young age he witnessed rape, killings, separation from family, and even contemplated eating a friend. Jal became a child soldier and was trained to “kill as many Muslims…and Arabs, as possible.” After realizing that it wasn’t the religion he hated but the organized regime that was using religion against his people, he decided to forgive the people he once considered enemies. In his poem “Forced to Sin,” he recounts going through a journey with 400 people and being one of 16 to survive.

His heartfelt story helped me develop a deeper understanding for him and the others that withstood the horrid conditions of a war-torn Africa. Despite all Emmanuel went through, he still finds time to help others in need. He believes that education is what will help others in Africa escape mental slavery and restore the land he calls home. His campaign Lose to Win, is an effort to help build a school in Sudan. Like the people in his village in Africa that eats once a day, he chose to eat one meal as well. He only eats dinner and donates his breakfast and lunch to a charity he founded. The day he eats breakfast is the day he has raised enough money to build the school.

I agree that music can be therapeutic and the only therapy that helps Jal deal with his past is music. In the words of Emmanuel Jal, “Music is the only thing that has the power to ever your cell system, your mind, your heart, influence your soul and your spirit, and can even influence the way you live without even you knowing.”

I agree one hundred percent. What are your thoughts?