31 July, 2011

What's Next? Live Music or Make Money

Most recent grads are concerned with being able to secure a job in their field or as some would say “make” money. But without the knowledge and proper training, especially in the music industry, knowing how to effectively maneuver up is just only a possibility that will never manifest. As a recent grad, as of Thursday August 4th I would like to focus on digital distribution in music and the many channels used to distribute it. After I completed my Entertainment Media Publishing and Distribution and Digital Marketing courses I felt empowered, to say the least because I conquered another topic that I really was not interested in before. Both of these courses were packed full of information on the types distribution channels and companies. It also helped me realize how these channels would impact my market and business. Before going further with the channels or companies it is imperative that I research to find out which one will in fact best suit my company.

According to Nielsenwire, music sales are 1.6 percent in 2011, with digital music sales up 16.8 percent (nielsenwire.com). In this new age, consumers, especially those between the ages of 15 and 24 prefer to purchase music via iTunes or any other digital source, such as Amazon MP3. Digital music is growing despite the gloom of the economy. For some reason, people always find safety in music. What can I say? It makes the world go round just as money. Looking further into the future, I would like to explore the possibilities of being a digital music distributor, catering to the classical music world. In the meantime, I will work on securing a “dream” job and constantly mastering my first loves, signing and playing the piano. With the education from Full Sail University I know that I can take the knowledge and skills learned and make an impact on any industry. Thank you Father for giving me the opportunity to expand my education and make a difference.
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(May 31, 2011). Cue the Music: Driven by Digital, Music Sales up in 2011 retrieved on July 31, 2011 from http://blog.nielsen.com/nielsenwire/consumer/cue-the-music-driven-by-digital-music-sales-up-in-2011/

30 July, 2011

Another Chapter Begins...

The journey is coming to an end and I can the see the light, though faint at the end. It wasn’t all peaches and cream, in fact it was what some would call a handful of lemons. With the start of any program a foundation has to be laid. In Media Literacy and Research Methodologies I was introduced to LinkedIn and numerous of RSS feeds pertinent to the entertainment business industry. In this class, we were required to complete a Business rationale paper and a joint venture proposal, and conduct online research for business and marketing purposes. I must say that Personal Learning Networks (PLN) became my best friends during this class. Propelling me into my course where I had to create a blog and assess my leadership skills, Executive Leadership provided me with the skills to play up my strengths and address my weaknesses. This course required that I become acquainted with Keynote and iMovie because we had to record and submit assignments using these mediums. Did I mention I hate being in front of the camera? Well I do. Reading Developing the Leader Within You by John C. Maxwell during the course helped me to successfully complete a leadership self-assessment and write a reflection paper maximizing leadership strengths and overcoming weaknesses. Strength is definitely what I needed in Project and Team Management. In this course I learned the principle of project management and the true meaning of teamwork and how valuable it is in accomplishing goals. We were required to create a team charter, a document completed by all members to manage the project and address team related issues. Being the only female in my group, I was somehow coerced into the role of project manager. It was my responsibility to create a detailed plan and schedule for the project, effectively communicate with my team, and monitor the success of the project. In addition to this we were asked to create a SWOT (Strengths, Weaknesses, Opportunities, Threats) analysis on a business idea pertaining to our focal industry area. By the end of this course, my blog writing skills were getting better because in the next course I have a story to tell. In Business Storytelling and Brand Development I was able to create a personal brand strategy a brand story using Keynote, a market research paper analyzing market trends within the competitive business environment. This course allowed me to bring my business plan to light. During this course I was able to build my brand portfolio and develop S.M.A.R.T. marketing goals to build my company’s brand. Now, building a brand and a presence, whether online or in your community takes money. How am I supposed know what type of funds I need and how to measure my company’s break-even analysis? That’s easy, by understanding how Entertainment Business Finance can make a positive impact on your company and keep it thriving. Reading Entrepreneurial Finance and Rich Dad, Poor Dad I was able to create, read, and analyzes financial statements. I wanted to know the behind the scenes calculations, the kind of information no one likes to talk about. It was getting real PERSONAL and I was ready for the challenge. OK! Let’s talk money because after all it does make the world go round right, especially since we’re in a crisis. YIKES! The break-even analysis, pro forma financial statements, and personal finance projects helped us to put finances into perspective, recognizing that they are indeed a vital part of building your company. Now when it comes to negotiating and making deals in the entertainment industry that can be risky, yet rewarding. Negotiation and Deal Making is a course where I created financials for a product line and conducted a case study on Alex Rodriguez contract negotiation. Each week we completed negotiation worksheets, in which we had to collaborate with a classmate on 5 core concerns that play a role in negotiations. I enjoyed this course because it gave me a small taste of what to expect when it comes to negotiations. I do feel comfortable enough to conduct negotiations focusing on mutual benefit as well as facilitating them. In order to facilitate anything, one needs to know how to effectively manage the situation. I proved this to be successful in Product and Artist Management where I produced a live event tour for Rihanna and a product development pitch for a natural hair care line. Each discussion was geared toward taking creative inventory on both a product and artist. Throughout the course, it allowed not only our creative side, but also our business side. Evaluating the four P’s of marketing, product, price, place, and promotion pushed me to develop a vision that was more advanced than where I was. Advanced Entertainment Law is what I thought wanted to explore as a career until I looked past all of the glamour and added zeros to one’s salary. I was not prepared for the “legal” issues that followed. From property risks to trademark concerns to contract issues, this course definitely was an eye opener. I learned how to assess and complete registration forms for a business that would like to copyright a work and trademark an item. I then wrote a paper on liability research in which I focused on Trade Secrets. Overall the course was very enlightening and informative because when it comes to entertainment law, some automatically think of a celebrity entertainment lawyer. But little do they know it’s much more background work involved. As some know I am in the process of finishing a long overdue book. With Entertainment Media Publishing and Distribution I was able to sample a taste of what the process entails. Writing a query letter and a book proposal prepared me to know what publishers look for and how to effectively market your work using online and offline mediums. This course showed me how to develop a business strategy to self-publish and distribute my own merchandise if I choose to. The collaboration assignment allowed me and my classmates to share information on different sectors of the entertainment industry. Again, teamwork is an important part of any program. It is not good to keep all of the information to yourself. At least I don’t think so. Another intricate part of the program would have to Digital Marketing because there is so much you can to digitally market your business or company. During each week, we were asked to do a discussion on a certain aspect of digital marketing just as we were to do in the previous courses. Creating a marketing proposal and digital media plan were the most exiting part of this course because it brought all of the information we had reviewed together. In my marketing proposal/plan I used Search Engine Optimization (SEO), Digital Public Relations, Social Media and Viral Marketing, and Email Marketing. For the type of business I am undertaking these 4 channels would benefit the most and eventually expanding to other channels. The two blogs birthed from this course evaluate relationships between digital marketing strategies and the entertainment industry. Using sites such as Quantcast.com and Alexa.com we were able to measure the amount of traffic our site, in this case, our blog received.


Using information from the 10 previous courses, I was able to start the groundwork for my company/business. In Business Plan Development we were finally able to show the industry or in this case, our professor just how much knowledge we have gained and retained by putting the pieces of the business plan together. Each week there was a new section of the business plan to be constructed. I was kind of relieved because I was free from the discussion posts, or at least I thought I was. The company description, target market analysis, financials, operations and management were to be written each week. These projects were to be a reflection of the actual business plan used to present to potential investors. It gave us a virtual hands on approach to what to come in our last and final course, Final Project: Business Plan. So, it all came down to this huh? This is where I see all of my hard work and effort is put into full force. Oh, did I mention that the discussion posts are back? Yikes! Ok, I’m kidding because I actually enjoyed all of the discussion posts. It was a way of interacting with my classmates and professors. Sharing ideas and thoughts, of course in a professional manner will take me a long way. My professors were briefly introduced to what Hear Me Sing, Inc. is all about in my Elevator Pitch assignment. A one-minute presentation explaining what my company is all about, what are the opportunities are, how will I solve it? and why should an investor take the time to listen and eventually provide the funds to my company. Up next…the Written Business Plan, but not before I write an Executive Summary, included a Title Page, Table of Content, and completing my Financials. Now my Business Plan was complete. Professors Bill Thompson and Michael Taylor guided us through the entire process. Thanks Professors. But it was not complete until the fat lady; excuse me, until I presented it. That was a breeze. The presentation was to include all components completed in the written portion and briefly describe each section as if I were in front of investors. Each week began with an introduction of the course, and a Wimba session as in all the other courses. This one was different though, simply because there was a sense of accomplishment and I recognized that this was the end of the program and the beginning of a new chapter for me. So I am reflecting over the past year and I can do nothing but be thankful that I reached another milestone. Congratulations to the Class of 2011!

16 July, 2011

Show Me the Money

When it comes to lending, investing, granting, and donating money people want to know:
• Why should they give you the money?
• How realistic are the financials?
• When will they get their money back?

I would not necessarily say that I am in the market for “investors” per say, but I do welcome grants, donations, and sponsors. One of the main reasons I would not pitch to investors is because my company is non-profit organization. We are seeking funds with hopes of being able to foster and nurture the gifts and musical talents of underprivileged youth. Most investors or venture capitalists are looking for how will a company they give money to make that money back and sustain the growth of their company.

While searching through for potential financial sources provided by my course director, CDVC and CDFI funds struck a nerve. Both companies are geared toward community development and offer tons of helpful information in obtaining the proper financials. CDVC Funds, which stands for Community Development Venture Capital Alliance makes investment equity in businesses in economically distressed areas. They look for companies with strong management, good ideas, impressive growth potential, and promise of high financial terms. Each fund listed has its own investment criteria and process for submitting business plans. They also offer training programs, consulting services, and research development. The other company is CDFI, Coalition of Community Development Finance Institutions. I think I am starting to see a pattern here! What can I say? I love companies that find ways to assist communities in need.

Similar to CDVC, CDFI is comprised of private-sector organizations that attract capital form private and public sectors. There organizations range from religious institutions to banks. There are six types of CDFI’s with different purposes. For instance, the fund that would probably benefit my non-profit would be Community Development Loan Fund. This particular fund is given to non-profit, housing, and business developers in urban and rural lower-income communities. Both companies can greatly benefit both start-ups and larger capital investments. It is up to me to research to find out which one and what type of funding would benefit my company. One of the biggest advantages that I found helpful was that both sites provided a plethora of information on different types of funding and other resources. One piece of advice to the rising entrepreneur would be to make sure that your financials are realistic and that your numbers match what you mention in your business plan. For more information on these two companies, you can visit:
http://cdfi.org/index.php and http://www.cdvca.org/.

26 June, 2011

The Value of a Business Plan

This entire program is designed to propel us into becoming, if not already, entrepreneurs. From the beginning with Research Methodologies to now, putting together our final business plan it has provided with tools for success, negotiation, managing a product and artist, and knowing how to effectively generate and manage finances.

You may be asking, why is a business plan so important? Why do I have to create one? Why does it matter? It does not matter the industry, but in order to reach your long-term goals, a business plan is the way to show investors, banks, etc how you plan to execute, why, where, and what. It is the glue that holds the success of the business together. According to Nic Brisbourne, “writing a business plan typically helps to clarify and enhance thoughts and plans about the business.” There are many things that I want to include in my plan, but I have to be really careful when it comes to non-profits. Unlike for profit companies, who petition investors or venture capitalists for finances, non-profits have to go through a series of trial and error when it comes to finances. I intend to focus mainly on my Executive Summary, strengthening it to reflect who I am and why I want to do what I plan to do. The financials are another important focal area. I plan to map out every detail possible to show what we will need to start-up, maintain, and keep the organization thriving.

In our textbook, The Successful Business Plan: Secrets and Strategies it provides us with a roadmap to creating a successful business plan. “Creating a business plan as a response to an external request makes the process seem like a burden instead of an opportunity” (Abrams, p. 1). You may still be asking what can a business plan do for you? Well write one with the proper components and see. Paul Heyworth makes an excellent point; he says, “A plan will help you to put your ambitions for the business down on paper so that you can have a clear vision. Then you can monitor your progress.”
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Abrams, Rhonda. (2010). The Successful Business Plan: Secrets & Strategies. Palo Alto, CA: The Planning Shop.

Brisbourne, Nic. (September 17, 2010). Understanding how a business plan is read. Retrieved on June 12, 2011 from http://www.theequitykicker.com/2010/09/17/understanding-how-a-business-plan-is-read/

Heyworth, Paul. (n.d.). Expert view: Do I need a business plan? Retrieved on June 26, 2011 from http://www.lancashirebusinessview.co.uk/news-details.htm?news_id=212

05 June, 2011

Through the lens of an 'Expert'

What makes an expert and expert? Is it because they are more knowledgeable in their field of choice? Or is it because they have taken the necessary steps to master their field of choice? The two individuals I will discuss are Dave Lavinsky, President and co-founder of Growthink, the largest strategic advisory and investment banking firm and Peter Shankman, founder of HARO.com (Help a Reporter Out).

Since 1999 Growthink has completed more than 2,000 engagements for companies in the technology and energy, consumer and retail, entertainment, financial services, and healthcare industries. Lavisnksy received his MBA from Anderson School of Management at UCLA and his BA from the University of Virginia. Lavinksy, along with Jay Turo, co-founder of Growthink devised a list of components that will make any business plan stand out and get investors to actually read it through. It must have an Executive Summary, Company Analysis, Industry Analysis, Customer Analysis, Competitive Analysis, Marketing Plan, Operations Plan, and Financial Plan (Growthink.com). Of these components, the Executive Summary is the most important. “The Executive Summary alone persuades a reader to spend the time to find out about your product, market, and techniques” (Abrams, p. 47).

On the other hand, Peter Shankman is best known for founding (Help a Reporter Out) HARO which in under a year became the de-facto standard for thousands of journalists looking for sources on deadline, offering them more than 200,000 sources around the world looking to be quoted in the media (Shankman.com). Shankman, a Boston University graduate is also the founder of The Geek Boutique, Inc., a boutique Social Media, Marketing, and PR firm in New York City. In Shankman’s high-resolution life of an expert he feels that a business plan is not necessary. Instead he says:

• Don’t launch into your business plan right away, or in fact, at all, the first time we meet
• Don’t go deep
• Don’t be a close talker
• Lastly…
o Practice.Smile.Believe in whatever you’re saying.Again-Smile.

Though these two individuals are experts at what they do in their perspective fields, they see the world of business plans different. Both are successful and have generated revenue totaling billions, I mean hey, Peter Shankman sold HARO.com for $5.7 billion dollars, built lasting relationships with thousands of companies, and still continue to build on their ‘plan.’
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Abrams, Rhonda. (2010). The Successful Business Plan: Secrets & Strategies. Palo Alto, CA: The Planning Shop.

Kennedy, Peter. (n.d.). How to Write a Business Plan for Venture Capital. Retrieved June 3, 2011 from http://www.growthink.com/content/how-write-business-plan-raising-venture-capital

Shankman, Peter. (November 15, 2010). What is the first thing you say to me?. Retrieved on June 4, 2011 from http://shankman.com/whats-the-first-thing-you-say-to-me/

22 May, 2011

Is Apple Too Anti-Social for Media

When it comes to social media, the keyword is: SIMPLICITY. No one wants to spend an entire day’s work searching for your company or its products, let alone your Twitter and Facebook pages. Have you ever heard the saying, “less is better”? Well, in this case “simple is better”. When Apple launched its first Macintosh in 1984, Steve Jobs, Steve Wozniak, and Ronald Wayne had no idea that the company would gross $8.16 billion dollars a year in revenue. You may be wondering how in the world can one company dominate the world of computers and technology. With the launch of iTunes in 2001, it has allowed the world of music and video to be seen in a whole new light.

iTunes is a digital media player application that is used to play and organize digital music and video files. It is also an interface to manage the contents on Apple’s iPhone, iPad, and iPod. With its 14,669,119 fans on Facebook, over 900,000 followers on twitter, and its blog that is updated 2-3 times a month, keeping consumers engaged in every effort to improve their product and deliver more content.

In its effort to market, Apple really doesn’t need to because it has already established credibility with its clients and consumers. There are an estimated 5o million iPhone users in the world, so you can imagine how many have downloaded and are actively using the iTunes application. Apple makes every effort to integrate social media not only in their marketing efforts, but in their sale projections as well. If you were to visit the Facebook it has at least 2-3 posts daily with music, TV, and movie updates and release information. Needless to say iTunes has done a phenomenal job with its marketing efforts. It not only gives updates about music releases (which is what I normally pay attention to), but also short reviews about the artist or project up for release. For more information on the when, where, and how visit http://www.apple.com/itunes/ping/. As Apple continues to create new and innovative products and applications, I hope we all can keep up.

08 May, 2011

How Digital Marketing Impact Non-Profit Organizations

When it comes to non-profit organizations, most people will only utilize one or two marketing tools. If your desire is to grow your organization on a local, national, or even global level, it will require more than just a website with just enough information to get sponsors. With the advancement of technology and the expansion of resources, most non-profits are able to develop websites with gadgets where they can be accessed anywhere and on any device. Whether it is to reach a target audience, various sponsors, or for education purposes, digital marketing plays a vital role in non-profits. According to Evan Lazarus, CEO of LazBro, Inc., a full service digital marketing agency in Los Angeles, CA suggests that non-profits:

• Don’t skimp on your website
• Keep talking
• Be innovative
• Advertise your non-profit 501c3
• Learn about your 501c3 audience

All of these points are very helpful when it comes to a non-profit deciphering on where to start with digital marketing. Whether you are a novice or well established non-profit, it is always fitting to make improvements to virtually reach a growing sector of the entertainment industry. Yes, there is more that a non-profit can do to enhance its visibility and search engine optimization by just a click of a button or two, but in actuality most want to do it in the most cost effective and highly optimizable way possible. Using social sites, such as Twitter and Facebook have proven to be efficient and effective advertising tools too. Lazarus also encourages companies to “keep talking” about your 501c3. It will not only enhance your SEO, but also your writing skills. By doing this, consumers, sponsors, and your audience will get a full preview of what your non-profit is all about and how they can be apart of this project by donating of course.

Digital marketing is not only way to move your company up on the ladder, but also it is important for the mission of your company. When you discover new ways to market online, using E-mail, search engine optimization, and mobile and social media will drive traffic to your website and create a lasting impression on the hearts, mind, and pockets of sponsors and donors.
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Lazarus, Evan (n.d.). Marketing for Non-Profit 501c3 Organizations. Retrieved 6 May 2011 from http://www.lazbro.com/news/non-profits.html

17 April, 2011

The Art of Being Human in a World of Music

Since January 2011 I have been interning with Alliance Artist Management, a company that manages classical ensembles. This company has a roster of approximately 20 groups that travel nationally and internationally sharing their talent with the world. Working closely with the Managing Partner, Rob Robbins I get to experience first hand what an Artist Manager truly entails. I witness him; four days a week as he negotiates, participate in conference calls, and ensures that his artists are getting the best out of the negotiation. In the very essence of all the witnessing, drafting correspondence and contracts, attending performances, and filing booking reports I have a better understand and deeper respect for the business of artist management. Mr. Robbins and his business partner have worked tirelessly on compiling press kits, repertoire, and setting up engagements for their artists. There is no secret in knowing how to successfully put a press kit, but the key in knowing what components are essential in building a successful company. Alliance Artist Management did not come about overnight, it took two genius minds to say, “Hey we have over 20 years of combined experience and with our extensive knowledge of the business we can make this work.” I admire the humble spirit and enterprising mindset of Mr. Robbins. He does not stop until he gets a YES. In closing, I want to examine a bit more closely. How would you respond if you were given the opportunity to manage a roster of 20 acclaimed classical ensembles? Would you, with all of your being make it your best effort to negotiate the best deal or would you let them walk blind and alone? I look at it like this, in this business you are dealing with human beings with emotions. So in order for one to successful make it in this business, they must learn from experience, and experience comes from learning to not only be the best, but also be the best at what you do. That is why Mr. Robbins is at the top of my list for successful music industry people. He may not be famous, but his gentle and businesslike spirit makes him seem he is.

www.allianceartistmanagement.com

Is Distribution the Right Way?

Going throughout the course of this week, my mind and thoughts were racing about a topic in my field of choice to post a blog on. The music industry is vast in its aspects and parameters, but I found something interesting in the Christian sector of music. Birthed out of Nashville, TN in January 2005, Infinity Music Distribution has made it its mission to target the youth with lively, upbeat, and innovative songs from Christian artists such as Jai, Canton Jones, and Wess Morgan. To some it may seem fruitless, but to others especially the youth it gives them a sense of hope because the music that is distributed is mainly “Hip-Hop” Gospel. The traditional audience does not accept this new trend and twist on Gospel music because it contains a “rap insinuated” beat. As far as the prices for each CD, they range from $9.99 to 13.99, in the world of distribution that is actually a fair price, but when you can find it on iTunes for $9.99 or less then it becomes a problem. Being that the artists’ CDs can all be found on iTunes for $9.99 or even the singles for $1.29, it really does not benefit them because more consumers will be prone to download it from iTunes. The business of distribution can be precarious because unless you have an established library and reputable artists, then it is difficult to make ends meet. I have always wondered why it is so easy for consumers to overlook Gospel music, but when it comes to Rap it is no doubt on the top hit list. I guess that is another story for another post. Overall, the world of music distribution, whether established or on the come up is increasing in popularity. Many artists are using them more and more to distribute their music because it is less expensive and more guidelines can be covered.

http://www.infinitymusicdistribution.com/index.htm

27 March, 2011

Intellectual Property

The world and laws of Intellectual Property is ever evolving. The three podcasts discuss different areas of IP and offers brief insight on the specific area. In Deciding between Patents and Trade Secrets Protection, Professor Andrew Beckerman-Rodau gives a brief historical overview of patent and trade secret protection. He explains that, “generally anything protected by patent law is also protected by trade secret law, but not vice versa.” He gives five business considerations to help any business owner or brand manager to avoid any litigation procedures or keep your company properly protected:
• Commercial Life- what is the life span of your patent? Will the patent need an update?
• Reverse Engineering-Can the molecular structure be reversed? Is it too complex to be reversed? Ex. Coca-Cola
• Independent invention-Does your invention stand-alone? Is it a replica or a mockery of another invention?
• Educating your competitors-
In the second podcast, The Mystery of Fair Use, Pt. 1, University of Minnesota Law Professor Bill MGeveran discusses the effects and difference between common fair use and nominative fair use. We all know that “fair use is an exception to the exclusive right granted by copyright law to the author of a creative work “ (en.wikipedia.org). There are many controversies that arise from deciphering between common and nominative fair use, i.e. Internet use, expansion of concepts, trademark users’ intentions. Some practical concerns that Professor McGeveran gives to avoid confusion and litigation are:
• If you’re doing a parody, make it clear that it’s a parody
• If you think that you’re trying to stick under classic fair use, be VERY descriptive
• If you end up on the receiving end, you want to put your ducks in a row and proceed with an explanation as to what are the intentions for the use of the trademark.
By doing so, it “unravels some of the complexities involving trademarks” (McGoveran, 2011).

Attorney William F, Lee discusses how trials involving IP can be strenuous on all parties involved. In the Yale University Law School podcast Jury Trials in Complex Intellectual Property Cases: Do They Work? Attorney Lee says, “Yes” the do work. As complex and time consuming as they may be, it is best to avoid court. But in some cases, Plaintiffs feel the need to take a case to court. Attorney Lee explains that, “IP is sort of a quaint area”, meaning it’s not mainstream or critical to the economy only the parties involved. He gives rules that should be followed when and if a case should proceed to court:
• You have three audiences- trial judge, jury, court of appeals
• You need to be the educator
• Jurors don’t like monopolies, they like challenges
• Build the technical details of your case, i.e., history, success of your patent, etc.
• Never underestimate the trial judge

All three deal with a different area but it gives the reader a different outlook in each are of IP.

Beckerman-Roadau, Andrew. (November 23, 2009). Deciding between Patents and Trade Secrets Protection Podcast. Podcast retrieved from www.law.suffolk.edu/itunes

Lee, William F. (March 8, 2007). Jury Trials in Complex Intellectual Property Cases: Do They Work? Podcast. Podcast retrieved from http://cs.law.yale.edu/blogs/podcasts/archive/2007/03/23/jury-trials-in-complex-intellectual-property-cases-do-they-work.aspx

McGeveran, Bill. (February 7, 2011). The Mystery of Fair Use, Pt. 1 Podcast. Podcast retrieved from http://bpgradio.podbean.com/

06 March, 2011

Legal issues on the Music Front

In the music industry the most controversial issue that is probably the most popular deals with online music piracy. Since the inception of sites such as Napster, Lime wire, Kazaa, and other sites that music can be downloaded for free, the music industry has suffered greatly. Allowing consumers to download music of any of their choice for free poses a threat not only the artists but to the record companies. Sales are lost and songs are ill treated when they are used to generate revenue for a third party company. There are an endless number of cases dealing with music piracy and infringement, royalty underpayment and such. I located three that I felt would be beneficial to this topic. It seems that ringtones have become an issue in the world of music downloads. In the case of US v. ASCAP, ASCAP and BMI claim that AT&T was using songs to selfishly make a profit and not compensate the artist “the way everyone else does.” The court ruled in ASCAP’s favor, concluding that the ringtone included the chorus, which is the “most melodious” of the song. It is not fair use to the artist. I feel that whatever part is used from a copy written song, the artist should be compensated in some fashion or form. Another big issue with the music industry is protecting copyrights. The 2004 court case involving the RIAA and Verizon Internet Services is a perfect example. The RIAA wanted VIS to turn over the names of uses trading music online. The court ruled in VIS’ favor, giving “copyright holders broad powers over their works.” A work is copy written for a reason right? To stamp out infringers, but in the case the RIAA lost and was stunned by the decision that was over-turned from a previous case.

As an artist, we expect to receive royalty off of everything involving our music, right? Well in the case involving Universal Music and FBT Productions, who the rapper Eminem recorded records with before he was signed to Universal demanded 50% royalty off of digital sales. This was before the invention on iTunes and other sites containing digital music. Universal was ordered to pat FBT 50% of royalty revenue from all downloads. Although they were entitled to a 12% royalty on “records sold”. The courts were in favor of FBT’s argument, ruling that the contracts were “unambiguous”.

In all three of these cases, as different as they may be, it is a clear pattern. The music industry is forever evolving and there will always be legal issues, whether it is involving royalties, piracy, copyright, or trademark. It is best to research and educate yourself to gain a clear understanding of what can and cannot be done.

Reproducing 30 second clips of music is not fair use. US v. ASCAP (SDNY 2009) Retrieved on March 4, 2011 from www.nmpa.org/legal/cases.asp

Michael Grebb (2004 October 12). Music Industry Spurned by Court. Retrieved on March 5, 2011 from www.wired.com/entertainment/music/news/2004/10/65321

Sean Michaels (6 September 2010). Eminem label loses court battle over digital royalties. Retrieved March 6, 2011 from www.guardian.co.uk/music/2010/Sep/06/eminem-label-loses-court-battle

27 February, 2011

Practice What You Preach...Or Learn

At the start of undergrad in 2004, people would always ask what do you want to do with your degree when you graduate? I was unsure, so I responded with “Oh I don’t know, maybe a singer.” During the course of my studies as a music major, I discovered that I like being behind the scenes in the business of music. Helping someone else realize his or her gift was inspiring and humbling at the same time. Upon graduating, I still had no clue as to what field of the music industry I wanted to pursue, so I took a break to evaluate and research. After reading This Business of Artist Management, I concluded that there were many directions that I could go in the entertainment industry. While it is not my sole desire to be an artist manager, the sound of it is inviting. Three principles or best practices that I will carry with me on this journey are:
1. Grasping the Basics of Artist Management
2. Assessing the Business State of the Artist’s Career, and lastly
3. Coping With the Stress of Success
Without a foundation, any empire or building is destined to crumble. It is important that like in any career field one desires to go in that the basics and more are covered. By educating myself continuously on artist management will enable me to address issues of all varieties and wear many hats, while remaining grounded and humbled. We’ve all heard the term “Business before Pleasure”, right? Well, in entertainment that is what it is all about. An artist cannot reach ultimate success if their business is not handled and handled correctly. As an artist manager, I will assess the artist and their business mindset, acquire knowledge on what type of business entity is best for the artist, understand and know how to obtain the proper insurance, secure an accountant/bookkeeper and an attorney. Again, it’s all about education and experience. How does one cope with the stress of success? Yes, I know that we should remain humble during and after the climb to stardom but how? I have found that the key to coping with stress is being realistic in your expectations, prioritizing and recognizing your priorities. In order for an artist to truly be successful they have to know what success is not. Coping with stress stretches far beyond being an artist because at the end of the day you are still human. Take some time out and relax, exercise, and get the proper amount of nutrients. This goes for the artist and the manager. It is all about the teamwork

20 February, 2011

May I introduce Miss T. Marie

All entrepreneurs gradually reach the peak of their success with much hard work, a business mindset, and a spirit of perseverance and patience. After sitting down with TaJuanna Jones, a 25 year old graduate of Valdosta State University and American Intercontinental University (AIU), and also CEO of Carisma Designs, I found out just how hard one truly has to work to reach their desired level of success. I met Ms. Jones in 2006, when we worked together with Campus Activities Board (CAB) on VSU’s campus. Ever since I can remember she has always been creative, making bracelets, earrings, and necklaces for colleagues using a variety of beads, stones, and other materials. I asked Ms. Jones a series of questions pertaining to the jewelry line and her success as a project manager for the state of Georgia.

1. When did you realize that this was your calling? “In 2006. It started out as a small creative hobby, nothing for pay that I used to make gifts or trinkets for some of my Ls’s or sorors (she is a member of Delta Sigma Theta). I never expected this much success to come along with it.”

2. What led you to create jewelry above anything else? “It instills a sense of beauty, style, and grace to all who wear it. “My line uses a variety of colors, textures, and designs, one that fits every lifestyle.”

3. How has being a young entrepreneur affected you? “It’s all about balance. Yes, I am a product and project manager but in the midst of all of that I still find time to attend to my craft and master it without feeling bogged down. I still travel, attend business seminars, attend workshops, and conferences.”

4. What is the greatest pleasure you get from being a product manager and artistic director? “It’s not about me. It’s about my customers and satisfying them with the custom designs I create for them. If my present customers are happy I know there’s room for more satisfied customers. I love what I do and it shows through my creations.”

5. How does your products differ from any other mainstream line? “All of my products are custom made to fit the customer’s request. Each piece is handcrafted with no one piece being repeated.”

6. Do you feel that the line will advance to an international level? “I would like to eventually have the line reach that status, but the parameters are a little different from a national level. That is definitely in the works for the upcoming quarter.”

7. What can people expect from Carisma Designs? “Number one, they can expect to be different, be stylish, and unique. Carisma is not just about jewelry and accessories, it’s a mood.”

8. What advice do you have for other young people who aspire to be entrepreneurs? “Anything one puts their mind to, it is possible. Never lose sight of your goals or ambitions. Because the moment you do, that’s when you lose focus. Success does not happen overnight, so be patient but still continue to master your craft. Always remember to stay humble and grounded and build a solid foundation on that passion and a path to success will be made manifest.”

TaJuanna has participated in many conferences, workshops, and she also has a booth set up at Little 5 Points Boutique in Atlanta. You should check her out sometime or visit her website at www.esty.com.shop.Carismadesigns or on her Facebook page at www.facebook.com/my.CarismaDesigns. I really enjoyed sitting with T. Jones and discussing her line with her and I hope you all enjoy it as much as I did.

23 January, 2011

The Art of Negotiation

We all know how tricky the entertainment industry can be. From negotiating contracts, deciding on artist and management royalty, and legal representation to what concert/tour dates work for the artist, the fee of each performance, and the logistics of the entire deal. I had a chance to sit down and talk with Rob Robbins, Managing Partner of Alliance Artist Management. They currently manage 21 classical ensemble and orchestras, nationally and internationally. And the most exciting part is that I was granted an opportunity to work with them as their spring 2011 Managerial Intern. Mr. Robbins, with his 20 year experience in the industry was able to provide me with some insight on how to effectively negotiate and reach a mutual agreement with the parties involved, without them feeling like an adversary. He explains that, "Negotiation and deal making is a somewhat unique process, you have to treat each one [negotiation] with respect, while recognizing your needs and wants and that of the other party". He then elaborated on Appreciation and Affiliation, saying they go hand in hand. It is somewhat equal to buying a car". Meaning when you buy a car, you have certain features, specifications, colors, interior, and exterior, etc. that you want and hope the dealership has them. To feel like your business is appreciated. "Artists and managers need to appreciate what they are getting and what is being offered", Robbins says.

As I listen to Mr. Robbins over the phone negotiating a deal or attempting to secure dates for one of the groups, I cannot help but wonder what it is like to be in his shoes. I have never seen him lose his temper or become agitated when working through a contract. "Learn how to separate yourself and the other party from the problem", he mildly states. It amazed when he referred to the Getting to Yes book, which I told him that we read also. His infinite knowledge has led me to believe that you can always get a yes from a negotiation if you just "Recognize that you're dealing with humans and human emotions, which tend to be irresolute sometime". After the interview I asked Mr. Robbins if he had any advice to give to anyone that desires a career in the entertainment industry. His response was simple. "If you find yourself in this business, learn how to separate the people from the problem, ask yourself what it is that I can and cannot afford to lose. Identify that and start negotiating".