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.

Fill out my form!

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.
------------------------
Lazarus, Evan (n.d.). Marketing for Non-Profit 501c3 Organizations. Retrieved 6 May 2011 from http://www.lazbro.com/news/non-profits.html

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

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/

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