How to Network Effectively

Hopefully Patrick's strong opinions gets you thinking about how YOU network and if you are really doing everything you can to build connections and maintain relationships, OR if you are just excited to hand out a paper rectangle with your name on it.

Learn the truth about the business world from Patrick DePuydt himself.

The War Between Digital and Physical ~ Who will win?

The option to receive media digitally, rather than just physical material, in some aspects, has altered the public’s consumption habits considerably. Strangely enough, with regards to books, the advent of eBooks and reader devices such as the Nook, Kindle and apps such as Audible, has pushed me, personally, more toward the old-fashioned physical book. Although many use computers when writing for business and school, as well as receive bills, and personal correspondence digitally or via the Internet, I find that I shy away from that sort of behavior with regards to reading. I prefer to sit town with a physical book and turn pages, take notes on paper, fold down the corners of paperbacks to mark my page, and cut out pictures, articles and perfume samples from my favorite magazines.  In contrast, when it comes to current events, like many consumers ages 18-35, if it didn’t come to me directly through my RSS feed , Facebook, or CNN.com, I doubt I would ever take the time to sit down and read a newspaper.

With regards to music and movies, as Brandon Hoover discusses in his blog: Digital downloads vs physical media: How will developing countries keep up?,  “The rise of internet capable TVs, mobile internet access, media centers (Apple TV, etc), and services like Netflix have allowed us to watch what we want, when we want, and often where we want .” Music streaming online via sites like Pandora and Spotify has allowed listeners to be exposed to a variety of music that they would never have heard should they be forced to take a chance on a CD, cassette tape or record who’s album art caught their eye in a music store. In the past I bought less and relied on the radio to reveal the newest trends in music.  Now individuals are more active participants in their acquisition of music, enjoying the fact that they can select individual tracks after hearing a sample of them via iTunes or getting a taste of the artist via Pandora. Consumers in their 20’s now seek out more and purchase more music than in the past especially since whatever they purchase can travel with them on a phone, laptop, or iPad.  The same can be said of movie consumption. The easy accessibility of films using Netflix, for example, has made it less of a hassle to see a movie. Since it is streaming there is no thought as to where to store that DVD case at the conclusion of viewing or where to see a film if you missed it in the theater.

Our world is moving at such a pace that consumers now rely on the instant access to all of their favorite media, however they still enjoy dome of the physical aspects as well. For business’ sake, moving to a predominately digital distribution will afford companies the most profit without the upfront costs of printing/manufacturing material. This hybrid of Print of Demand or aggregators give the consumer the option of both physical and digital without all of the commitment. It is my opinion that at least within the United States, Netflix and Blockbuster will move to digital distribution only, but that bookstores will still exist because of the social (library-like) nature of their locations. They market themselves as a comfortable place to hang out and learn rather as just a place to get information. Bookstores will have fewer physical locations but I don’t believe that they will move to digital distribution exclusively.  Physical media is not in danger of becoming extinct until more of the world has access to the technology  (speed, devices, accessibility) available to us here. 

Customer Retention & Brand Loyalty – Why should they play with you? Why should they STAY with you?

              So you have this great idea. You’ve gotten funding, you filled out all the necessary paperwork and you are officially a business. You even have a few people who want to buy what you are selling! Great! Now what?

               Some business owners are so focused on growing their customer base that they forget to do all they can to keep the ones they have. Customer loyalty is one of the key ways to keep your business thriving. Yes, you want to add to the pot incrementally, but first you need to decide how quickly you would like to grow, and how to retain the people you’ve got. Here are 3 ways to cement customer loyalty and help your business to grow at a rate that you can actually keep up with.

#1 Make sure everything new you introduce reinforces your brand.

From the moment a person steps foot into your establishment or calls you number, she should feel like she is part of something. Your brand is who you are, the message you deliver to the world, the “ word you want to own in the mind of your customer”. Don’t mess it up hoping that a new exciting product or service vaguely related to your original company goals will grab new people. Ultimately it may turn off your current customers and confuse new ones as to who you are. There is no need to follow trends. Set the trend. If you do see something out there that you would like to incorporate into your company, make sure it truly speaks to who you are. If not, there are ways to acknowledge a trend without allowing it to take over. Remember you should be in the job of creating experiences, not “Hey, lets see how many people we can catch by distracting them with shiny things!”

#2 Keep your customers engaged

Social media is a great way to keep your customers involved in your development. People love to support companies who they feel listens to them. Send out surveys via email, get customer opinions via Facebook, have contests for the best picture of a customer using your product or service via Instagram -to keep customers fully committed to your brand. Use Twitter as way to keep customers updated on new products or services- offer a prize to the first 20 people to retweet.  Give them a reason to keep coming back for more.

Fenix Social Media is a great resource for musicians and other entertainment companies to keep their fans feeling “like one of the family”. Of course you may not have the time or resources to keep someone on staff full time to handle it on your own, but they can maintain customer involvement on your behalf at a rate you can handle. ‘[Their] ultimate goal [is] building loyal, committed and engaged communities”

#3 Reward the people who consistently purchase your product or service.

A reward doesn’t have to be a discount. “What?”  Yep. Try something different like “gamification” instead. Rewards are positive responses to a particular action. In games you usually receive points or status levels, or physical prizes. The feeling associated with having “earned” these rewards keeps people coming back for more, and guess what? Most of the time, it doesn’t cost you much nor does it devalue your product or service by lowering the price. When you discount you tell your customer “ I’ve been marking up prices, just to make a profit” or “ This product wasn’t worth that much anyway, ha-ha joke’s on you!” which just confuses and frustrates the consumer.

                    If you are diligent with these tips, your customer base will remain strong. Because of your consistency, your loyal customers will see you as the ONLY option when looking for a particular product or service and the next time someone asks their friend or coworker “ You know, I am thinking about taking a dance class that’s fun, and effective. You told me you danced as a form of fitness. Where do you go?” The name of your dance school will fall effortlessly from their lips. 

Business Plans - “Write deliberate, act emergent” *: How to excite investors

Guy Kawasaki

Originally from Hawaii, Guy Kawaski, best-selling author  of The Art of the Start  and successful entrepreneur,  is well  known for his connection to Apple as “chief evangelist”  and later as an Apple fellow( guykawasaki.com). He has also led many a software company as a result such as ACIUS, Fog City Software  ,  and later really got involved with investing and other venture capitalists with his creation of  Garage Technology Ventures and Alltop. ( guykawaski.com)

Components of an effective business plan

In his blog,  How to Change the World: a practical blog for impractical people  , he clearly explains his stance on the “Art” of the business plan. According to Kawasaki, The business plan is a necessary step in the formation of a solid business, but not for the reasons you may think. Perhaps you have been taught that the purpose of the plan is to convince investors to support your venture. Although that may be part of the purpose, Kawasaki says that for many investors the decision whether or not to invest is made during the sales pitch where the plan is presented, rather than from reading the plan itself. The purpose of the plan, in his mind, is to help the creators of this start up to solidify all of the details, to help have a firm grasp of the “who, what, when , where, why, and HOW” a business should be created, run, and become profitable before it ever comes into existence.

What are investors looking for?

Investors, while reviewing a plan, are looking for well-written copy with a consistent flow that has clearly been written by a single author. Kawasaki believes that the most effective business plan is a n elaboration of a powerful sales pitch. It is only effective if it addresses these key areas: “Executive Summary, Problem, Solution, Business Model, Underlying Magic, Marketing and Sales, Competition, Team, Projections, Status and Timeline, and Conclusion”.( blog.kawasaki.com) with the Executive Summary as the most crucial portion. The Executive summary is your “hook”. It is the first thing that your investor reads and should get them to want to buy whatever it is you are selling, immediately. Without that initial buzz, why keep reading? Get them to want to know more. Kawaski’s “ no-bull’ approach to business helps people to get to the point. and fast.

Michael Moritz  

Mr. Moritz has a slightly different stance. He believes that business plans are unnecessary in the creation of a new business. "You don't need fancy business plans. An email works fine. If it's a startup company, no one is going to believe the financial projections (anyway)." (Shinal, 2010)

Michael Moritz is a venture capitalist with Sequoia Capital. As a former employee of Time Warner and co-founder of Technologic Partners with an M.BA. from Wharton, Mr. Moritz has served as director and former director of : Yahoo.Inc, Zappos Inc, Atom Entertainemnt Inc., Weatherbug Inc., Sugar Inc., Google Inc, Kayak.com, and currently LinkedIn Corporation. (Bloomberg BusinessWeek)

He is more concerned with the quality of the entrepreneur himself than the prose of the business plan. He key things he looks for when evaluating a venture is the entrepreneur’s desire, the hunger has for problem solving, and the “mastery of subject” (Shinal, 2010). He needs to know that the entrepreneur is going to do everything in his power to make a venture succeed, knows his business well and can identify a problem to be solved knowing that his future business is the solution.

References:

Shinal, J. ( 2010). What Moritz of Sequoia wants in an Entrepreneur. FINSTechnology. Retrieved March 31 2012 from http://it-jobs.fins.com/Articles/SB129226990799066177/What-Moritz-of-Sequoia-Wants-in-an-Entrepreneur

Guykawaski.com

Bloomberg Businessweek

*quote by Clayton Christensen as told by Guy Kawasaki

“ Girls, we run the world!”* ~Women Entrepreneurs in Business and the Entertainment Industry

When one thinks of the entertainment industry and the powerhouses that control it, you realize that historically it's been a man’s world. Tom Corson - President of RCA Records Group,  Evan Lamberg - President of Universal Music Group , Doug Morris - CEO of Sony Music Entertainment 

Jeff Robinov - President Warner Bros Pictures… and the list goes on and on. Well, watch out boys, women are slowly but surely making their way into power seats within the industry. We women do things a little differently though, for us its all about taking something small and nurturing it, protecting it, and fostering relationships until it grows into something huge.

The shift for  women entrepreneurs and Business

“An American Express OPEN State of Women-Owned Businesses report found that between 1997 and 2011, the number of businesses in the U.S. increased by 34%, but the number of women-owned firms increased by 50%.” says Nellie Akalp in her article on mashable.com  entitled, “Why Women Make Excellent Entrepreneurs in the Digital Age”  With our advanced interpersonal skills, natural inclination to collaborate, and a penchant for thinking through a myriad of possibilities before heading down a particular course, women make ideal entrepreneurs.

Women are more than pretty faces

Oftentimes within the industry women are seen as talent only - models, actresses, dancers, singers… but what happens behind the scenes? We do it all now as producers, writers, directors, songwriters, A&R reps , Marketing and Brand strategists, artistic directors, and we love to watch something grow from the ground up as big do-it-yourselfers.

 Ali Brown, a mentor for female  entrepreneurs is a strong beliver in the power of women and their potential for success. She started as an ad girl in New York City who saw problems that needed to be solved within her company but had no one to listen to her concerns. After a tough decision to quit her job she took all the marketing skills she had gained and turned into the “Ezinequeen”. No longer broke and unemployed , she is now a  millionaire. Women are ultimately problem solvers; we see a situation or an item for more than what it is. We see it’s hidden potential.

So for all of you asking, what do I do? How do I get started?

* Take a leap of faith.

*Learn all you can about subjects that you are passionate about, and start making things happen.

*Don’t take no for an answer, because there are a lot of people who will say that you can’t do something.

Realize that one of the best parts of being a woman is that we don’t need the recognition of being big on our own. We work together as a group to change the world.

* Quote taken from "Run the World ( Girls)" recorded by Beyonce Knowles for Columbia Records

SHOUT IT FROM THE ROOFTOPS! -3 ways small businesses, independent musicians, & entertainers can create a fan base through digital marketing, social media, & word-of-mouth

          Regardless of your specialty within the Entertainment Industry, the only way to be successful is if someone knows who you are and what you do. From small business owners , to party promoters  , to musicians …. you may create great products or services, but if no one knows about it, they will wind up gathering dust on a shelf somewhere. You may be the only one who RSVPs to your party, or sadly, the only person who will be listening to your music is your mother. So now what? How do we get things moving?

#1 Identify your target audience and broaden it with niche marketing

          You have got to get the word out. People love to support businesses, independent music and people that they believe in. Having a loyal and broad fan base is essential. No matter what your business, it is necessary to aim your marketing to a specific group of people who would have a natural interest in you work. This is your target audience.

           A prime example is with the group Turquoise Jeep.They gear their marketing, merchandise, and music to males ages 15-35 based on a void that they saw in the industry. They showcase their work on Youtube (a site most frequented by males in this age range), and they perform at music festivals such as FunFunFun Fest and South by Southwest .  Their merchandise is the college guys basic uniform — a t-shirt, and they sing and rap about subjects that are most important to that group in a comedic manner. They are also a bit controversial, which keeps fans talking. Although their music can appeal to a wide range of audiences, they have chosen this group as their main focus.

#2 Create a fan base by exposing your product to a receptive crowd online 

          Facebook, Twitter and your website  are great ways to keep your current customers informed about your brand, but make sure you keep all of these platforms updated and interactive. If people tweet about your product, share links on Facebook, and traffic is sent to your updated website as it appears higher in Google rankings, you are sure to gain more support.

          However, there is more to sharing music on the web than Facebook. Although a very valuable resource, this will only put your music in front of people you know, or who are already familiar with your music. To attract a new audience, give people a free sample of your music on great streaming websites like Spotify. Have your music included in the line up on Pandora. Pandora is such a  great resource since it selects music for the listener’s station based on similarities in musical characteristics and will place your music in front of someone who is open to something new. And certainly don’t forget about Reverbnation, which provides you with all the tools needed to promote , sell and share your music, tour dates, and merchandise alone – or in conjunction with social media sites like Facebook.

#3  Get personal

“ People already know about themselves, they want to know about you…. Just being a human, I think that is what is missing in music today, a lot of artists are… they are trying so hard to be something they’re not… and that’s what I am bringing back [humanity]”~Christian Monroe 

Meet Christian Monroe

          People want to know your story, they want to know how you got to where you are today. Whether you sold t-shirts out of the trunk of your car and turned that into a million dollar business like Johnny Cupcakes , or had the good fortune to be born into a musical family and then discovered by Clive Davis like Whitney Houston, to a pharmacist taking syrup, 125 years ago, and turning it into a drink with  household name like Coca-Cola. People want to connect with you, your past, your product, and thus will support your future.

Keeping Up with the Information Age

For years new artists have been told that if they work on their craft they will get discovered, get an amazing record deal, and that then the money will come pouring in. They are taught that success is not possible without having your hand held by the woolly mammoth that is the traditional record label and distribution channels. Do you know you can do it yourself and make just as much (if not more) money than with their help?  Its not enough to create great music, someone has to hear it, and someone has to buy it. In the Information Age that we are in, the best way for you to do it on your own is through the Internet.

In his free eBook The 20 Things You Must Know About Music Online, Andrew Dubber explains how to get your music into the hands of consumers. He believes that if you can understand and embrace these twenty ideas, you will be able to control the revenue your music creates. It’s all about marketing and promotion- but not in the ways that you are used to. Some of his tips include: not believing in the fantasy that industry uses to lure new artists, the power of giving away things for free in order to entice a customer into buying your music, getting people to like (and talk) about your product with authority, as well as being accessible, professional and ever present.

 One really good point he brings up is in the chapter about using your website as an environment where people connect with one another, rather than just a destination where people stop, look, and never return. (Chapter 6: Web 2.0). Another great section is Chapter 8 where Dubber talks about cross promoting and setting up your websites so that all roads lead back to your product. “Your online stuff is not a replacement for your offline stuff, and nor does it exist independently of it. Figure out how to make the two genuinely intersect.”

This book is so informative and he shares his information in a way that is simple, easy to understand, and relatable.  Download a copy and keep up with his blog and other strategies to stay relevant in the Information Age at his website www.newmusicstrategies.com

You can’t have it! It’s mine! ~ Copyright ownership and Collaboration

In the music industry, you will inevitably work with another party to create a product, whether it’s a band, a producer, or another songwriter. Sometimes the collaboration process is smooth and easy- you all get together in one place (typically someone’s basement in the middle of the night) and have an impromptu jam session. Everyone feels the same vibe and you decide to put pen to paper to create a hit, or better yet, you break out your nearest recording device and record a live session- just to have something to work with later.  Other times the process is a little more complicated- your label pairs you with a new producer or songwriter and you butt heads, or your bandmates disagree on the direction that your next album should take. Either way everything that happens after the creation of an original product can be complicated if the correct parameters aren’t set up first.

So now what? You all wrote a song and created a recording. Are they one and the same? Who owns the copyright? What happens when its time to sell this work? Who gets paid? According to Joy Butler in The Permission Seekers Guide Through the Legal Jungle, the rules are very clear. With every musical creation, whether by an individual or a group there are two distinct pieces that are copyrightable: The musical composition (lyrics melody etc.) that’s been written down and the sound recording. As a songwriter, you could own both: you wrote a complete song then went into the recording studio with your piano and guitar and created an awesome acoustic recording.

Or, it could go something like this: You wrote  (most of a song) and you need help finishing it. You bring it to a producer who creates a track for it and adds a bridge as well as tweaks the hook. At this point without a formal agreement, both of you own half. Now when royalties come pouring in, or someone comes to you with the amazing opportunity to   use this \recording as the soundtrack for a commercial, they have to get both of your permissions, even though in your mind the song is yours. You might say, “ That’s not fair! They didn’t write half of the song, just a line here and there! My voice is on the recording too! And now they have as much power, rights (and money) as I do?”

Can all of this be avoided, you ask? Yes. Although music is a creative process, get your business in order first. If you an your band get together and create a song, sit down right after and draw up an agreement as to who owns what, and what percentage. Oftentimes this agreement is called a split sheet. 

This way when it comes time to register your work for copyright, you have a plan in place. Everyone knows how much each party gets paid and for how long. The same type of agreement applies whether you are collaborating with a producer, band, another artist, or your best friend.

“Fair Use” and other legal mumbo jumbo

       Sometimes the minutiae of the music industry can be overwhelming. In my interview with Entertainment Attorney Ken Franklin, we discuss his entry into Entertainment Law and common issues and misconceptions throughout the industry. He also gives us some great advice on finding legal counsel, avoiding infringement, contracts and staying informed.

Claudia MB: What prompted you to enter the legal field and why Entertainment?

Ken Franklin:

“I originally was interested in working in a legal or business capacity within a high tech company.  I have a science background (Georgia Tech, Physics, 2004) and had been very attracted to the technology commercialization process.  That led me to Emory’s JD/MBA program, which I completed in 2009.  During that program, I developed interests in a variety of other areas, and entertainment was in my “top 3” due to a life-long music hobby.  I was able to intern during law school for a few entertainment attorneys, and the interest solidified.  I find that entertainment law, particular in music (which is my main focus), is a fascinating “behind the scenes” type of field, where one can witness and engage in the immense work and legal issues that are the backbone of such an important (and fun) element of our society and culture.” 

CMB:  Seeking legal counsel is always a great idea when signing anything while working in the industry. Oftentimes when a business or artist is first starting out, it does not always fit into their initial budget. Can you tell us more about your work with Georgia Lawyers for the Arts and the services they provide?

KF: “I was a volunteer intern at Georgia Lawyers for the Arts for a semester.  It is a fantastic organization run by attorneys Lisa Moore (the Director, and Principal of The Moore Firm) and Elizabeth Wheeler.  GLA helps place entertainment clients with attorneys who can assist with a particular entertainment legal issue, and will sometimes take a client in-house.  If the client falls below a certain income threshold, GLA will try to place that client with an attorney who will be engaged on a pro-bono basis for a single matter.  During my internship, I assisted with this placement process, and also conducted legal research on certain music rights issues related to in-house matters.”

CMB: I am sure practicing in Atlanta, such a strong music city, you deal with many recording artists. Can you give our readers some examples of the most common types of cases (music or otherwise) to come across your desk?

KF: “I spend the majority of my time assisting another local firm (The Law Offices of Sandra L. Brown, P.C.) that represents recording artists and producers (including A-list talent), managers, songwriters, and independent record labels, production companies, and music publishers.  Most of my work involves drafting, reviewing and negotiating contracts that underlie the work these clients conduct in the music industry.  I am ofteninvolved with short- and long-form record deals, producer agreements, publishing agreements and management agreements.”

 CMB:  Intellectual Property issues involving copyright and trademark, such as infringement or what is considered fair use, are very regular occurrences throughout the industry. Would you agree that obtaining copyright reports, title reports and the use of disclaimers could help avoid possible infringement?  Can you give us a few examples of the most common situations that you have seen?

KF: “’Fair use’ is a complicated, fact-based and constantly evolving legal doctrine, so it is difficult and risky to assume you will be able to rely on it as an adequate defense if you are later sued.  As a general matter, in music/entertainment, you will almost always need permission to use/copy/display/distribute/etc. someone else’s work and trademarks.  If you are collaborating with others, having contracts in place that specify who owns the work/intellectual property is important and can help avoid disputes down the road.”

“Some examples of infringement cases I have seen:  copyright infringement claims, where an artist was accused of incorporating a previously-created composition (to which the artist allegedly had access) into that artist’s song; trademark and related issues where an artist’s name and image were used, without permission, by a business in its marketing materials.”

CMB: Contracts are a huge part of an artist’s career as well as for someone starting a business in Entertainment such as consulting. Can you give us some tips on some of the most common pitfalls that artists and small business owners fall into when reading and/or negotiating a contract? How can they be avoided?

KF: “Entertainment contracts, generally, involve very complex legal issues and are drafted with complicated language.  To be honest, the most common pitfalls I’ve seen involve situations where an artist signed a recording agreement or management agreement he/she thought they understood, without having it reviewed by an attorney with experience with those types of deals.  By skipping this critical step, it is very easy to give away rights, owe lots of money, and/or find yourself stuck in a long-term contract lasting several years.  I highly suggest always having a lawyer review a contract you are being asked to sign, and that lawyer should be an entertainment attorney with experience in the business.  One should at least consult with an attorney even if paying for one might be an issue, because for some types of deals, it is customary for one side to pay the other’s legal fees.  If a contract has already been signed, it is important to know what is in it to understand your rights and avoid breaches.  Hiring an attorney to review and provide a summary is good idea.”

“Further, the more you educate yourself about the business, the better.  There are several good books written for non-lawyers that explain music law concepts (like Don Passman’s All You Need To Know About The Music Business).  Books should not be a substitutefor an attorney when you are negotiating a contract, but being more informed about the issues and how these contracts generally work is always a good thing.”

CMB: Artist management agreements, producer agreements, licensing agreements, recording contracts, talent agreements, songwriter agreements, Artist/venue agreements, consulting agreements; there are so many different types of agreements that can be made over the course of a career in the entertainment industry. Once you have signed something, you often feel as if there is no way out. Is it possible to get out of any of these agreements without ruining a relationship and do you have any suggestions as to how to avoid accidental breaches of contract?

KF: “There are certainly instances when the parties to a contract decide they want to amicably go their separate ways, and they negotiate a release or some form of separation agreement.  Whether a relationship is “ruined” really would depend on the specific parties involved, the circumstances surrounding the relationship, and the type of contract it is.  Parties can always separate peacefully if they choose.  As for avoiding accidental breaches – it is important to understand what is in the contract – and that is where the attorney can help.  Also, if a contract is being negotiated, the attorney should consider incorporating a “cure” provision that allows parties a certain time period to fix an accidental breach after being notified of that breach.”

   

CMB: If the consequences of a breach of contract are not stated explicitly within the terms of an agreement what are the possible legal ramifications of abandoning an agreement?

KF: “Possible ramifications:  You get sued, you have to spend a lot of money to defend the lawsuit, you lose, and then you are forced by the court to comply with the contract and/or become responsible for paying heavy damages and the other side’s very high attorney’s fees.”

CMB: As an artist manager or an entertainment business consultant for instance, you are getting paid to give advice as well as guide someone else’s career. One possible way to protect yourself would be to obtain errors & omissions insurance. What are some other possible liabilities, such as misrepresentation, that they may face and how can they be prevented them from occurring?

KF: “ Breach of contract.  This can be avoided by having the contract reviewed by an entertainment attorney and understanding what it is you have to do and when per the terms of the contract. “

After speaking with Attorney Franklin, there are some great takeaways that we can all use to solidify our choices throughout the industry. 1. Don’t go it alone. Seeking legal counsel when signing any paperwork is the best way to ensure that you understand what you are singing as well as ensuring that a contract contains all of the things that you need in order to make a partnership mutually beneficial. 2. Although lawyers aren’t cheap, there is a way for artists on a budget to receive the assistance they need. 3. Don’t underestimate the seriousness of a contract; however, know that there are ways to get out of one without injuring your business. 4. When in doubt, get it in writing. You need permission to use anything that is not our original work. No matter how small the sample, or how seemingly common the image, you must always go to the original owner and receive written permission to use any outside works.

Kenneth Franklin is an Entertainment Attorney based in Atlanta, GA. He can be reached at:

191 Peachtree Street, Suite 3300

Atlanta, GA 30309

(404) 877-8246

(404) 963-7062

ken@franklinlawgroup.net

Hip-Hop vs. Blues, User vs. Provider, “Termageddon” * and other Copyright Issues Plaguing the World Today

“ It’s mine! Just admit it!”

In Gardner’s article (2011) about the case between Kanye West, Jay-Z and Syl Johnson, it’s all about the loopholes in the legal system regarding copyright.   Mr. Johnson created a sound recording of his work Different Strokes in 1972.  A sample of that song is supposedly included within the Watch the Throne album collaboration between Kanye West and Jay-Z. Johnson claims that he did not,at any time, give written permission for either artist to use any portion of his work on any project. He says that although it was requested for one of West’s earlier projects, that permission was not granted.  According to Gardner (2011), copyright law did not include sound recordings until after 1972; therefore Johnson’s work would not be protected under that law. This is a very tricky situation because Different Strokes is publicly known as Johnson’s work. Whether or not it was officially registered, shouldn’t he be given some legal protection? I think that this is a very valid argument since the author of the work is still alive and able to prove the similarities between the two projects. Whether they admit to using the sample or not, regardless of the projects, Johnson should at the very least be credited. But I suppose that is for the judge to decide.

Ignorance is Bliss

If one person infringes on a copyright by uploading unauthorized work to a website, is the provider liable? The Ninth Circuit Court of Appeals says, “yes”. Seems very cut and dry, no? Except when you read through the Digital Millennium Copyright Act. In his article about the lawsuit between Universal Music Group and the website Veoh, Gardner (2011) explains the minutiae of the act. Veoh, a video sharing site, falls under the safe harbor clauses of the act, which only makes them liable if they are aware of infringing items on their site. The clause also requires the owner of the work to notify the provider of the crime and require them to remove it before the site can become liable for knowledgeable infringement. (Gardner, 2011) These provisions put the responsibility solely on the part of the owner of the work to monitor their creations on the Internet rather than have a provider screen and research every item uploaded to their site. This court ruling is huge. Because of the safe harbor, the court rules that Veoh is in the clear and UMG doesn’t have a foot to stand on. They based their decision on the precedent set by the Sony Corp. of America v. Universal City Studios case, “which helped legitimize the VCR, and finds that so long as the product was ‘capable of substantial non-infringing uses’, the Supreme Court ‘refused to impute knowledge of infringement.’” (Gardner, 2011).  I believe that it is both parties’ responsibility to regulate work that is protected by copyright.  Providers could set up a screening process including a 24-hour wait time for approval before allowing a user's item to be visible on their site. The battle wages on as an appeal on a similar case is expected in the near future.

The end is near….

In the case between EMI and the J. Fred Coots estate, the issue is as iffy as a one-time use disposable camera. Coots, co-writer of the holiday classic Santa Claus is Coming To Town, motioned to terminate his publishing rights with publisher Leo Feist in 1981. After a couple of transfers of ownership, EMI became owners of Feist's company. After Coots’ death, his estate tried to reinstate the termination in 2004. Apparently songwriters have a one-time right to terminate a work only after it has been published for 35 years (Gardner, 2011), which the courts ruled, Coots had already done. His estate wants to deem that 1981 termination as “invalid and unenforceable and that the 2004 notice is in force. The plaintiff is also seeking compensatory damages.” In my opinion, this lawsuit is ridiculous. The estate is just looking to get money that they are not entitled to. If Coots motioned to terminate in writing back in 1981, then he exercised his right. I can see how the family would like to have a copy of a valid notice for their records; however, asking for compensation for everything that has occurred between 1981 and now is ludicrous.

References

1.  Gardner, E. (2011, December 19). Kanye West, Jay-Z respond to "watch the  

t            throne”illegal sampling lawsuit. Retrieved from 

             http://www.hollywoodreporter.com/thr-esq/jay-z-kanye-west-watch-throne-lawsuit-275270

2.  Gardner, E. (2011, December 20). Ninth circuit court of appeals makes

             landmark ruling in copyright case. Retrieved from

           http://www.hollywoodreporter.com/thr-esq/copyright-case-universal-music-veoh-275779

3.  *Gardner, E. (2011, December 21). Songwriter's estate wants control over

             'Santa Claus is comin' to town’. Retrieved from

          http://www.hollywoodreporter.com/thr-esq/songwriters-estate-wants-control-santa-275899