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/
27 March, 2011
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
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
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.
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".
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".
10 December, 2010
Are Entrepreneurs Safe?
I have always wondered what the world would be like without the entrepreneurial spirit and heart of those that have built and established companies that are now multi-million, if not billion dollar companies. What ignited the thought to venture out and be set apart? How did they go about obtaining funds? What kind of partnerships/alliances do they have? All of these thoughts come to mind and I am thinking, “How can I get down?” I was fortunate enough to come across a video interview with Eric Garland on TransmitNow. TransmitNow offers year-round global programming in a variety of markets, populated by global thinkers and innovative developers. Jonas Woost, a Digital Media Advisor from Canada sits down with Eric Garland to discuss “challenges of being an entrepreneur in the entertainment industry.”
While some entrepreneurs are struggling to stay ahead of the debilitating economic crises, others are remaining optimistic that the money is still out there and creating jobs instead. In the interview Garland explains that the business itself is dependent upon cooperation from large media companies, who are sometimes unwilling to fund small projects. Also, “It is very difficult for us to realize a vision that furthers the business. One that changes and improves upon the risks that they don’t want to take.” You may be wondering if this situation can be “fixed”. Indeed it can. According to Eric, there is “not an easy fix, maybe with a time machine.” If we “align the fundamentals in a group of new industries that constitute the music industry or entertainment industry, we are well on our way to fixing it.” When he says fixed, he is referring to correcting the issues that have plagued the entertainment industry when there was “a lot of dumb money” being spent. He concludes by saying that “In the last 5 years, the situation has almost entirely corrected just by virtue of the fact that when these businesses have declined from a revenue loss and layoffs, has resulted in a much leaner version in terms of infrastructure.”
References:
While some entrepreneurs are struggling to stay ahead of the debilitating economic crises, others are remaining optimistic that the money is still out there and creating jobs instead. In the interview Garland explains that the business itself is dependent upon cooperation from large media companies, who are sometimes unwilling to fund small projects. Also, “It is very difficult for us to realize a vision that furthers the business. One that changes and improves upon the risks that they don’t want to take.” You may be wondering if this situation can be “fixed”. Indeed it can. According to Eric, there is “not an easy fix, maybe with a time machine.” If we “align the fundamentals in a group of new industries that constitute the music industry or entertainment industry, we are well on our way to fixing it.” When he says fixed, he is referring to correcting the issues that have plagued the entertainment industry when there was “a lot of dumb money” being spent. He concludes by saying that “In the last 5 years, the situation has almost entirely corrected just by virtue of the fact that when these businesses have declined from a revenue loss and layoffs, has resulted in a much leaner version in terms of infrastructure.”
References:
transmitNOW interview with Eric Garland from transmitNOW on Vimeo.
29 November, 2010
Giving Less, Demanding More
Giving Less, Demanding More
After reading the article Giving Increases But So Does Demand I found out that just as many businesses, small and large, corporations, and the human race in general are struggling to make ends meet so are non-profit organizations. Now you may be thinking just as I was, how so? When non-profit organizations do not operate on public funding? But the fact of the matter is that non-profits do have expenditures, whether it is a staff or service. According to the Non-Profit Times, “more then 23 percent nonprofits reported increases donations during the first nine months of this year than in 2009.”
Now can you see why I am a little apprehensive about starting the groundwork for my nonprofit? About 37 percent of charities reported a decrease in donations this year, down from 51 percent in 2009. Now, it is easier for one to just walk away and not go forward with the nonprofit, but if you have a steadfast and consistent spirit as I do, then you will find it easier to persevere. Yes, the economy is in a rut right now and the recession is growing intense by the day, hour it seems, but I am determined to establish a nonprofit, generating a profit.
It is all about you manage and effectively use your finances. That is why it is essential to have a financial team in order to determine whether or not the nonprofit will survive, and at what rate. There is a way to successfully run a business in this harsh economy. “About on in five organizations anticipate reduced budgets next year compared with about a third that expect to maintain their current level.” I am definitely aiming to be in that third that thrives off the saying, “Without struggle there is no Progress.” So with that being said, I think I will take my chances and proceed with my nonprofit to be an example for those that are having second thoughts.
www.nptimes.com/10nov/112910.html Giving Increases But So Does Demand
After reading the article Giving Increases But So Does Demand I found out that just as many businesses, small and large, corporations, and the human race in general are struggling to make ends meet so are non-profit organizations. Now you may be thinking just as I was, how so? When non-profit organizations do not operate on public funding? But the fact of the matter is that non-profits do have expenditures, whether it is a staff or service. According to the Non-Profit Times, “more then 23 percent nonprofits reported increases donations during the first nine months of this year than in 2009.”
Now can you see why I am a little apprehensive about starting the groundwork for my nonprofit? About 37 percent of charities reported a decrease in donations this year, down from 51 percent in 2009. Now, it is easier for one to just walk away and not go forward with the nonprofit, but if you have a steadfast and consistent spirit as I do, then you will find it easier to persevere. Yes, the economy is in a rut right now and the recession is growing intense by the day, hour it seems, but I am determined to establish a nonprofit, generating a profit.
It is all about you manage and effectively use your finances. That is why it is essential to have a financial team in order to determine whether or not the nonprofit will survive, and at what rate. There is a way to successfully run a business in this harsh economy. “About on in five organizations anticipate reduced budgets next year compared with about a third that expect to maintain their current level.” I am definitely aiming to be in that third that thrives off the saying, “Without struggle there is no Progress.” So with that being said, I think I will take my chances and proceed with my nonprofit to be an example for those that are having second thoughts.
www.nptimes.com/10nov/112910.html Giving Increases But So Does Demand
Subscribe to:
Posts (Atom)