Preparing The Plan

During my time at Full Sail I have experienced a reoccurring theme. The theme is a culture of detailed research and due diligence. Entertainment law is probably the single most important aspect of an entertainment business plan. The laws that govern media are changing on a daily basis. Cases such as the Viacom Intl., et. al. v. YouTube, Inc., et. al. will set new precedents as it pertains to copyright laws. The best way to make sure a business gets off to a good start is to explore all potential risks and liabilities. Ignorance of the law is not an acceptable defense in a court of law should you find yourself there. Viacom sued YouTube for this very reason, claiming that YouTube turned a blind eye to the protected content uploaded by users. The courts disagreed with Viacom the judge believed that YouTube was only responsible for removing protected content when they were notified. The case is currently under appeal.

The importance of entertainment law can also be seen in networking. When dealing with a potential client you can gauge their level of professionalism by how many legal steps they have taken to protect them. As a music producer I like to ask the artist I work with if their material is protected. The artist that takes the time to register with a performance rights organization or trademark their logo is more likely to be a more lucrative client.

Reviewing blogs and podcasts are also a great way to gain some of this knowledge. The problem people often have is they’re not sure where to start. Getting legal advice if you can afford it is the best solution. Internet and library research will solve a lot of the initial issues at the inception. The laws may change overtime but a good business man should either see signs that things are changing or know that ethically they’re in a position to fight.  

Own Your Brand

Almost everybody in the entertainment industry knows what a copyright is. The problem is some people deem it unnecessary in the beginning stages of a career. As with politics there are liberal opinions of the extent in which copyright law prohibits the exchange of arts. It is clear that there are times when copyright laws can be too stringent but they are most definitely necessary. What would the world look like with out copyrights? Entertainment is already full of the same old recycled ideas but without copyrights we would be stuck with identical compositions and works of art. There are examples of fair use that in my opinion are unfair. The NCAA licenses the use of teams and player likenesses for video games without the player’s permission. The players should definitely be compensated if their likeness is being used in a video game. Federal courts will see the case against the NCAA for copyright infringement in 2014.

Trademarks are also an important part of entertainment. A trademark makes sure that your logo and brand signature cannot be duplicated without expressed permission. Trademarks are needed to ensure that another party doesn’t exploit your brand or incorporate themselves with you for their personal gain. Trademarks and copyrights are the first step in monetizing your art and it’s also a great way to see if you unknowingly have similar attributes to another company or artist. What would the world look like without trademarks? Without trademarks it would be impossible to judge the quality of a brand simply by name and logo identification. Consumers see a brand and recognize its quality because they’re either a past user or have been referred. Without trademarks anyone could take advantage of the popularity of the brand and possibly sell an inferior product. Copyrights and trademarks can be can be attained by the common man but it is best to consult an attorney.         

Who's Stealing What?

The first legal dispute I would like to discuss is the cease and desist case between Will.i.am and Pharrell Williams. Will.i.am claims that Pharrell’s I Am other Internet moniker is too close to his trademarked name. I understand the need to protect your trademark but I would call this frivolous. I truly believe that some lawsuits materialize directly from the ego. There has not been a single time that I listened to Pharrell and Will.i.am came to mind. As of today no formal suit has be filed by Will.i.am but Pharrell has filed a suit to counteract the cease and desist order.

Another suit that involves Pharrell involved a song he produced for Robin Thicke. The song “Blurred Lines” samples “Got to Give it Up” by Marvin Gaye. Anyone who has heard both songs can clearly see the resemblance. The family of Marvin Gaye has all right to protect the fallen legends legacy but something tells me this could all have been avoided. Sony and the family have since settled but the terms have not been disclosed.

One of my favorite facts I learned about copyrights is the fact that The Birthday song is still protected under copyright law. But in 2013 a woman by the name of Jennifer Nelson sued Warner/Chappell publishing in order to get the Happy Birthday song into public domain. The original song written by two sisters, Mildred J. Hill and Patty Smith Hill was named “Good Morning to All”. The suit claims that the song evolved overtime due to the public and in affect the public should own it. I agree with this premise and although the case has yet to be solved I feel that the 25 Million dollars paid for the song by warner in 1988 has a lot to do with the fight they’re putting up.

Fashion And Entertainment

Fashion and entertainment go hand in hand. I have been working with an artist that believes they don’t need a stylist, which is fine, but they are not fashion forward. The funny thing is he dresses like the artists that came before him. I want artist to understand that vocal and optical art go hand in hand. Many times we see singers and actors and believe that the way they dress or present themselves is effortless but that is far from the truth. There is always a method to the madness, designers are always looking to get press and any artist can become a tastemaker. Artist like PharrellWilliams or Lady GaGa may get ridiculed in the press for their attire but just as many consumers clamor to copy their style. All art is relative to the user and will be judged by the consumer more than the critic at some point. So what’s the real correlation between entertainment and fashion? Fashion is entertainment, Models walk the runway on beat to the latest music it’s covered buy the entertainment magazines and attended by the hottest celebrities. Image is something that must be addressed. In the food industry people understand that presentation is every thing. A great tasting meal that looks like slop will be approach tentatively but mediocre food that looks appetizing will be revered and recommended. Needless to say presentation goes a long way with selling a product. For instance an Artist like Bruce Springsteen Known for his blue jean and white T-Shirt understands that correlates with his working class image. Sure it’s not the most fashionable choice but it syncs with his narrative. I believe that all artists should dress the part and have a style that your audience identifies with or aspires to. The world is a judgmental place and the difference between novice and stardom could simply be your image and not your talent sad to say but often true.     

How famous Do You Want To Be?

The correlation between Fame and talent is a topic that a lot of starving artists debate all the time. Many times artists compare them selves to their more famous counterparts and of course as you would suspect the less famous artist feels they are more talented. There is no doubt that there are many artists that we’ve yet to hear of that may surpass the talents of a Miley Cyrus or Justin Beiber.  But in my opinion being able to adjust or even thrive in the face of fame is a talent in itself. Not all people that are talented are equipped to deal with the things that fame brings. Just because you are a great actor or singer does not mean you have the mental capacity to deal with the scrutiny of the public. Many people love Britney Spears and many people don’t but in the face of intense scrutiny Britney basically broke down due the pressure. Brittney has since seemed to be doing 100% better but now you see the focused attention shifting to Justin Beiber. Justin is a young man and may be making bad decisions but I do not believe a young person is mentally ready to deal with massive public scrutiny. Schools deal with bullying issues everyday and many young people hurt themselves, abuse drugs, commit violent acts or even kill themselves because of it. The side effect of fame is extreme ridicule, which is a form of bullying. So as I said before, maintaining fame is a talent in itself and art is relative to the user so there will be many things people don’t like about a specific artist but the quest for fame is a foolish one in my opinion the quest to reach larger audiences is valiant one but fame may be the side effect of that.