The idea of utilizing mobile applications is definitely something to think heavily on when in the business industry today. I remember when a close friend in my undergrad college got one of the first Android’s and he would use the applications on his phone for everything. Being the music nerds were are, he had applications for tuning, for pitches, a piano keyboard, a metronome, and there’s no telling what more he had or even what he has now.
But that was at least 3 years ago, and smart phones and mobile applications have advanced much further since then. Basically, if there is a need for an application, someone has or will design it – it is a great market opportunity. I, myself, do not own a smart phone and I have no idea how many applications there are, nor do I know the extent of the complicity of the applications, but I do know a lot about technology. I do know that, in general, people will pay a little for something extra to make their lives a little easier or entertaining.
At the Android application website, https://market.android.com/?hl=en, there are millions of applications from games to music and even applications for making using internet interfaces and platforms (such as google.com, youtube.com, and social networking sites) easier on the smart phones. It is even possible to rent movies and buy books for viewing.
Regardless, graduating with college degrees in this moment of time is really a terrific opportunity. Because these types of technology are so new, it will be easy to industrialize this market. However, it has to be done intelligently. As I have grown up using technology as it has developed, I have seen the successes and failures of this industry. I also have the potential for making a huge success of anything that I can create for a business. But, again, it has to be done within a perception of reality and keeping the near and distant futures both in mind.
Saturday, August 27, 2011
Sunday, August 14, 2011
Financial Assistance
In regards to www.ncif.org which is the website for a company that invests in stable companies that appeal to smaller communities. The NCIF acronym stands for National Community Investment Fund, their motto is Leveraging Capital for Change, which is exactly what a company like mine would be looking for. Even though we would expect to expand in the future, we are based in the upstate, South Carolina area, more specifically, Greenville. This community is very arts friendly, and the potentials for clients and customers are very likely. The night life is very healthy, but tasteful, and there are many schools that
On the website www.opportunityfinance.net/ they have this to offer, “Opportunity Finance Network (OFN) is the leading network of community development financial institutions (CDFIs) who deliver responsible lending in urban, rural, and Native markets to help low-wealth and low-income people and communities join the economic mainstream.” This is a terrific opportunity, especially considering that some types of assistance are so strict that the ones who really need it can’t get it, and the ones that never try anything else are those that qualify.
After working for 5 months, I tried to apply for unemployment benefits the day after my unemployment, and was told that I would have to wait 3 months until I would be eligible for claiming any benefits. After three months, I returned to apply again and was told I did not make enough to be able to receive any benefits. In the meantime, I did find work, however, it was difficult in between times and when I had to leave my new job for my pregnancy. It will continue to be hard until I can return to work, but thankfully I have help from my in-laws, friends, and my family, so I don’t have to worry. Unfortunately, there are businesses, families, and individuals who do not have support, and fortunately, there are companies such as the two mentioned above that will help those in need.
On the website www.opportunityfinance.net/ they have this to offer, “Opportunity Finance Network (OFN) is the leading network of community development financial institutions (CDFIs) who deliver responsible lending in urban, rural, and Native markets to help low-wealth and low-income people and communities join the economic mainstream.” This is a terrific opportunity, especially considering that some types of assistance are so strict that the ones who really need it can’t get it, and the ones that never try anything else are those that qualify.
After working for 5 months, I tried to apply for unemployment benefits the day after my unemployment, and was told that I would have to wait 3 months until I would be eligible for claiming any benefits. After three months, I returned to apply again and was told I did not make enough to be able to receive any benefits. In the meantime, I did find work, however, it was difficult in between times and when I had to leave my new job for my pregnancy. It will continue to be hard until I can return to work, but thankfully I have help from my in-laws, friends, and my family, so I don’t have to worry. Unfortunately, there are businesses, families, and individuals who do not have support, and fortunately, there are companies such as the two mentioned above that will help those in need.
Friday, July 22, 2011
Changes and Investment Importance
I have made some serious decisions and changes based on research and the advice or information gathered from the experts in the business plan formation. From Charlie, finding the needs and problems in a particular industry are sure-fire ways to be able to successfully integrate a well-written business plan into a prosperous company. Solely having a business plan is a firm step in the right direction for any company. Regarding changes I have made based on his input, I have considered more of what the clients and customers will need and also what they will be wanting to avoid more than what will be most beneficial to my company, as they prove our success rather than any specific way to maneuver the company through the creation process. Aside from creating a business plan, which will foresee any problems and avoid major changes, Wallace encourages managing change. This comes from being open-minded and ready to undertake daunting tasks at time. Although it may mean taking a few steps backward, we all learn from our mistakes and attempt to learn from past experiences to make up for any backtracking that may have occurred.
I think that the investor reading my business plan will find the Organization, Technology, Budget spreadsheet, and the basic business concepts to be the most informational and important. While getting acquainted with a new company, the people running things are sometimes what can bring the company down. Anyone who is apt to be closed-minded and unwilling to change will definitely deter investors, especially if they offer any sound advice or will only be willing to invest if certain changes or compromises would be made. Otherwise, the technology, budget, and basic concept are the skeletal explanations to how the company would be run on the investors money and are the more important pieces that the investor would care to know about the potential company.
I think that the investor reading my business plan will find the Organization, Technology, Budget spreadsheet, and the basic business concepts to be the most informational and important. While getting acquainted with a new company, the people running things are sometimes what can bring the company down. Anyone who is apt to be closed-minded and unwilling to change will definitely deter investors, especially if they offer any sound advice or will only be willing to invest if certain changes or compromises would be made. Otherwise, the technology, budget, and basic concept are the skeletal explanations to how the company would be run on the investors money and are the more important pieces that the investor would care to know about the potential company.
Tuesday, July 12, 2011
Business Plan experts
Graduated from New York College of Technology with degrees in Psychology and Business Management in 1994, Charlie Rivera is an up-and-coming web designer. He scours the internet and radio for artists to interview and promote through his personally designed website. Music management has been his desire and hobby for years on end, and he promotes his passion through his company, Accu Host Pro’s work. There they promote an online business identity through website and e-mail hosting, custom graphics and logos, web designing, and business analysis.
As a business analysist, he believes that the most critical components investors are looking for in a proper business plan are based upon needs and problems. Not only are the needs of the industry the most important to keep in mind, but also countering any problems that may arise before they do so is key to rising instead of falling and rising again, which is similar to taking two steps forward only to take one step back. Ease of process, key organizational methods, strategic planning, and developing policies are the main aspects to continual growth and productivity with regards to a company’s business plan.
The former Chairman and CEO of Cadmus Communications Corporation is Wallace Stettinius. Camus is a service provider for scientific, technical, and medical publishers. As the president of William Byrd Press in 1967, the privately owned company was merged with Washburn Graphics Inc. and created Cadmus Communications in 1984. He teaches business classes and also speaks and consults for corporations and nonprofit groups. Several books he has authored are Principles of General Management: The Art and Science of Getting Results Across Organizational Boundaries, How to Plan and Execute Strategy, What is Corporate Governance?, Corporate Governance: The McGraw-Hill Executive MBA Series, Management Planning and Control, The Asset Game, and Winning in a Changing Environment.
As an established business consultant and advisor, his focus is in the right place for a broad variety of business plan developmental expertise. He believes that the important parts of business plans are annual planning, taking an active role in managing change (which is inevitable, right?!), assessing readiness, and planning and executing strategies. Basically, he believes that planning ahead are the greatest aspects of a business plan, which is what a plan should be all about, regardless.
http://www.AccuHostPro.com/index.html
http://www.businessexpertpress.com/
http://vimeo.com/7737575
As a business analysist, he believes that the most critical components investors are looking for in a proper business plan are based upon needs and problems. Not only are the needs of the industry the most important to keep in mind, but also countering any problems that may arise before they do so is key to rising instead of falling and rising again, which is similar to taking two steps forward only to take one step back. Ease of process, key organizational methods, strategic planning, and developing policies are the main aspects to continual growth and productivity with regards to a company’s business plan.
The former Chairman and CEO of Cadmus Communications Corporation is Wallace Stettinius. Camus is a service provider for scientific, technical, and medical publishers. As the president of William Byrd Press in 1967, the privately owned company was merged with Washburn Graphics Inc. and created Cadmus Communications in 1984. He teaches business classes and also speaks and consults for corporations and nonprofit groups. Several books he has authored are Principles of General Management: The Art and Science of Getting Results Across Organizational Boundaries, How to Plan and Execute Strategy, What is Corporate Governance?, Corporate Governance: The McGraw-Hill Executive MBA Series, Management Planning and Control, The Asset Game, and Winning in a Changing Environment.
As an established business consultant and advisor, his focus is in the right place for a broad variety of business plan developmental expertise. He believes that the important parts of business plans are annual planning, taking an active role in managing change (which is inevitable, right?!), assessing readiness, and planning and executing strategies. Basically, he believes that planning ahead are the greatest aspects of a business plan, which is what a plan should be all about, regardless.
http://www.AccuHostPro.com/index.html
http://www.businessexpertpress.com/
http://vimeo.com/7737575
Sunday, May 22, 2011
Going Gaga on Social Marketing
As far as social media goes and incorporating it into marketing, I think that Lady Gaga has done a terrific job at accomplishing major goals. Not only does her website have buttons for Twitter and Facebook, but she markets and otherwise frequently uses many outlets of social media. MySpace, Twitter, Facebook, blog/website, newsfeed, and YouTube (via VEVO), are the most popular ones that she utilizes. She also has an e-mail newsletter available for those who want information sent directly to their inboxes. She has links for an RSS feed on many of her websites. She has several different websites that allow for different kinds of information to be presented in several different ways.
The only thing that I am slightly disappointed in with her websites is that even though they are clean and easy to use, I honestly expected something more unique. From her extreme costumes to the taboo content of her music, I expected to find something a little more from her sites. They are great sites, but… it’s Lady Gaga! I suppose that it’s possible that they are keeping mobile devices such as smart phones in mind with the design and content. I still love to see crazy effects and interesting designs that would only be convenient on a computer.
Her marketing definitely works for her since she is one of the United State’s most popular divas for her style of music. Although some of her content might not be for children, I have to say that almost everyone could find at least one thing in one of her songs appealing. That being said, I think that her image may be the only thing holding her back from being family friendly, given that some censorship might be deemed necessary.
Regardless, she claims to love her fans and she thanks her “little monsters.” She gives them unique opportunities such as submitting a picture to be part of the mosaic on her fan wall. She makes her fans feel welcome by using 1st person words like “we” and “us” and also 2nd person “you” in her tweets. How’s that for strange, but at least she gets the job done.
Finally, check out this video she made in conjunction with Google Chrome including pictures and videos of her fans singing her song.
The only thing that I am slightly disappointed in with her websites is that even though they are clean and easy to use, I honestly expected something more unique. From her extreme costumes to the taboo content of her music, I expected to find something a little more from her sites. They are great sites, but… it’s Lady Gaga! I suppose that it’s possible that they are keeping mobile devices such as smart phones in mind with the design and content. I still love to see crazy effects and interesting designs that would only be convenient on a computer.
Her marketing definitely works for her since she is one of the United State’s most popular divas for her style of music. Although some of her content might not be for children, I have to say that almost everyone could find at least one thing in one of her songs appealing. That being said, I think that her image may be the only thing holding her back from being family friendly, given that some censorship might be deemed necessary.
Regardless, she claims to love her fans and she thanks her “little monsters.” She gives them unique opportunities such as submitting a picture to be part of the mosaic on her fan wall. She makes her fans feel welcome by using 1st person words like “we” and “us” and also 2nd person “you” in her tweets. How’s that for strange, but at least she gets the job done.
Finally, check out this video she made in conjunction with Google Chrome including pictures and videos of her fans singing her song.
Friday, May 20, 2011
It's survey time...
Please take a few moments to take this short survey about the design and content of this blog. Thanks and the feedback WILL be taking into serious regard to improve this blog.
Sunday, May 8, 2011
The digital revolution in marketing
Facebook, MySpace, and now Twitter and more professional sites such as LinkdIn are now the most essential parts to advertising and networking in the entertainment industry.
For example, I have used Facebook and MySpace in the past to solicit events for clients, and now Twitter is an even more phenomenal tool for this.
Almost everyone, at least those who care enough to put forth the effort to stay connected, is now connected through this revolution in digital marketing. Whether using cell phones or computer interfaces, information is now absolutely instantaneous. Pictures, conversations, updates, music, video and so much more are now available, maybe with a little searching, at our fingertips. This is a goldmine if used properly today!
My facebook page is personal, but it would be easy enough to create and maintain an artist's page for any and all of my clients. They would easily be able to have access as well, making things that much easier on the communications side of things.
Lady Gaga, Britney Spears, and even the President of the U.S.A. use Twitter. Whether the actual person is making these updates personally, or a public relations personnel makes them, it is terrific to be able to follow the thoughts and actions of some of the most popular people in the country. A list of other celebrity tweeters is available at this site:
http://mashable.com/2008/10/20/25-celebrity-twitter-users/
Otherwise, as a business tool, the exposure possibilities are endless when using these sites. Also providing links linking the other sites is a great way to promote a following. If not for one artist/company in particular, to spur interest in other similar artists/companies as well. These different sites offer possible marketing opportunities in such different packages that using all of them for the same exact person/reason is not necessarily redundant at all. This is such a great advantage to entrepreneurs, especially self-promoting artists and companies.
I have been with all of the most popular sites since their beginning: MySpace, Facebook, blogging, and LinkdIn. I have just recently begun using Twitter and much to my surprise, it is quite a treat to use compared to how it is perceived in the news and in certain social circles. Having the knowledge of how these sites work is one thing, but being able to use it to the advantage from a business standpoint is completely another world in itself.
For example, I have used Facebook and MySpace in the past to solicit events for clients, and now Twitter is an even more phenomenal tool for this.
Almost everyone, at least those who care enough to put forth the effort to stay connected, is now connected through this revolution in digital marketing. Whether using cell phones or computer interfaces, information is now absolutely instantaneous. Pictures, conversations, updates, music, video and so much more are now available, maybe with a little searching, at our fingertips. This is a goldmine if used properly today!
My facebook page is personal, but it would be easy enough to create and maintain an artist's page for any and all of my clients. They would easily be able to have access as well, making things that much easier on the communications side of things.
Lady Gaga, Britney Spears, and even the President of the U.S.A. use Twitter. Whether the actual person is making these updates personally, or a public relations personnel makes them, it is terrific to be able to follow the thoughts and actions of some of the most popular people in the country. A list of other celebrity tweeters is available at this site:
http://mashable.com/2008/10/20/25-celebrity-twitter-users/
Otherwise, as a business tool, the exposure possibilities are endless when using these sites. Also providing links linking the other sites is a great way to promote a following. If not for one artist/company in particular, to spur interest in other similar artists/companies as well. These different sites offer possible marketing opportunities in such different packages that using all of them for the same exact person/reason is not necessarily redundant at all. This is such a great advantage to entrepreneurs, especially self-promoting artists and companies.
I have been with all of the most popular sites since their beginning: MySpace, Facebook, blogging, and LinkdIn. I have just recently begun using Twitter and much to my surprise, it is quite a treat to use compared to how it is perceived in the news and in certain social circles. Having the knowledge of how these sites work is one thing, but being able to use it to the advantage from a business standpoint is completely another world in itself.
Sunday, April 17, 2011
Publishing revistas
With the release of the iPad 2, the first wave of users seem quite jealous to the convenient upgrades and new options not available to the iPad senior. The way I feel is that I wouldn't have one unless it was a gift, and even then, I'd have to change a lot of the ways that I do my work and fun activities to accommodate using the device. I'm just fine using my Dell laptop from 2005, much less to mention the required MacBookPro for this masters degree. Although, I will admit, I use my Mac because Apple's interface is much more sensible than Windows will ever be.
Businessweek, Elle, Maxim, and Popular Science are magazine subscriptions now available on the iPad 2 through Apple's applications. How great is it that you can access everything you'd ever need, media-wise, without leaving the comfort of... where it is most comfortable to be. Any place with internet access is capable of hosting vast groups of iPad (2) owners... instead of seeing people reading books and magazines, there will now be a higher demand for wireless internet connections and the access of a power outlet for charging such items.
However, in the midst of the greatness, there are costs. Apple is demanding a 30% share of the subscriptions charges. This will drive the iPad 2's success and revenue up, but it may keep certain magazines from even desiring their presence in the app store menu.
So, I ask, where should the line be drawn? Is 30% too much for something that is already being stretched across many recipients? Where will the 30% be taken from? Who will lose enough for it to be a negative effect in the deal? These kinds of questions should come to mind to the magazine industry and maybe even be taken into consideration by Apple before tacking on almost a third of the cost. If that drives the prices up, how many consumers would rather by the physical copy? How many companies will phase out their physical copies? Very interesting...
(2011). Gigaom. Why Apple's Pushy Publishing Plan is Paying Off. Retrieved April 17, 2011 from http://gigaom.com/apple/why-apples-pushy-publishing-plan-is-paying-off/
Businessweek, Elle, Maxim, and Popular Science are magazine subscriptions now available on the iPad 2 through Apple's applications. How great is it that you can access everything you'd ever need, media-wise, without leaving the comfort of... where it is most comfortable to be. Any place with internet access is capable of hosting vast groups of iPad (2) owners... instead of seeing people reading books and magazines, there will now be a higher demand for wireless internet connections and the access of a power outlet for charging such items.
However, in the midst of the greatness, there are costs. Apple is demanding a 30% share of the subscriptions charges. This will drive the iPad 2's success and revenue up, but it may keep certain magazines from even desiring their presence in the app store menu.
So, I ask, where should the line be drawn? Is 30% too much for something that is already being stretched across many recipients? Where will the 30% be taken from? Who will lose enough for it to be a negative effect in the deal? These kinds of questions should come to mind to the magazine industry and maybe even be taken into consideration by Apple before tacking on almost a third of the cost. If that drives the prices up, how many consumers would rather by the physical copy? How many companies will phase out their physical copies? Very interesting...
(2011). Gigaom. Why Apple's Pushy Publishing Plan is Paying Off. Retrieved April 17, 2011 from http://gigaom.com/apple/why-apples-pushy-publishing-plan-is-paying-off/
Friday, April 15, 2011
CDs to MP3s... now clouds?
I remember my first MP3 player.. this huge bulky thing called a JukeBox made by Dell. MP3 players had been out a while, but my dad, being the computer junky he is, did his research and bought my brother and I the best for the money at the time.
(http://www.chaosmint.com/macintosh/moxiepix/b1_44.jpg) It was nearly the same size as the orignal iPod, but less expensive and I believe more computer-friendly (if not using iTunes) and it had 15MB, which was one of the largest at the time. I still have this machine!! I like to say machine because honestly when you use it, you can hear humming and clicking inside...
Anyway, mp3 players have come a long way from that point. We now have the million different types of iPods (touch, shuffle, mini... etc.) and others that are similiar, cheaper versions of the Apple product.
That being said, there are now advances on information sharing and holding. I'm sure you've seen the commercial for the Windows Cloud.. I personally like the one of the couple is sitting on the floor in the airport and they have delays, then he says, "To the cloud.." and the wall flips around, leaving the other passengers looking confused and dumbfounded. Then the girl takes control and decides to watch an episode of some kind of celebrity something-or-another and ends the commerical, "yay cloud." It's amazing how I liked to be entertained with something so "dumbed" as a commercial like that. Anyway, the basic concept is that their saved information from their home desktop computer is accessible by the laptop through the 'cloud.' Apple provides an application similar to this called MobileMe... coincidentally with a picture of a cloud.. hmm. So, with these programs available, it's like carrying around everything with you at all times (as long as there is connection to the internet.. Me.com for mobileme) without physically carrying everything everywhere!
Similarly, Amazon.com has produced the Cloud Drive, which allows users to upload their music files and stream them from any smartphone or any other device connected to the internet. There are also free services with applications for smartphones that are like radio without commercials. With these kinds of programs and services available, there are endless possible ways to listen to personal collections of music or genres and artists desired. The evolution from $20 cds with less than 20 songs, to $1 digital downloads, to free streaming is amazing and oh-so-convient to the digital age of today.
(2011). MercuryNews. Retrieved April 15, 2011 from http://www.mercurynews.com/top-stories/ci_17787587?nclick_check=1
(http://www.chaosmint.com/macintosh/moxiepix/b1_44.jpg) It was nearly the same size as the orignal iPod, but less expensive and I believe more computer-friendly (if not using iTunes) and it had 15MB, which was one of the largest at the time. I still have this machine!! I like to say machine because honestly when you use it, you can hear humming and clicking inside...
Anyway, mp3 players have come a long way from that point. We now have the million different types of iPods (touch, shuffle, mini... etc.) and others that are similiar, cheaper versions of the Apple product.
That being said, there are now advances on information sharing and holding. I'm sure you've seen the commercial for the Windows Cloud.. I personally like the one of the couple is sitting on the floor in the airport and they have delays, then he says, "To the cloud.." and the wall flips around, leaving the other passengers looking confused and dumbfounded. Then the girl takes control and decides to watch an episode of some kind of celebrity something-or-another and ends the commerical, "yay cloud." It's amazing how I liked to be entertained with something so "dumbed" as a commercial like that. Anyway, the basic concept is that their saved information from their home desktop computer is accessible by the laptop through the 'cloud.' Apple provides an application similar to this called MobileMe... coincidentally with a picture of a cloud.. hmm. So, with these programs available, it's like carrying around everything with you at all times (as long as there is connection to the internet.. Me.com for mobileme) without physically carrying everything everywhere!
Similarly, Amazon.com has produced the Cloud Drive, which allows users to upload their music files and stream them from any smartphone or any other device connected to the internet. There are also free services with applications for smartphones that are like radio without commercials. With these kinds of programs and services available, there are endless possible ways to listen to personal collections of music or genres and artists desired. The evolution from $20 cds with less than 20 songs, to $1 digital downloads, to free streaming is amazing and oh-so-convient to the digital age of today.
(2011). MercuryNews. Retrieved April 15, 2011 from http://www.mercurynews.com/top-stories/ci_17787587?nclick_check=1
Monday, March 28, 2011
Advanced Entertainment Law
Gordon P. Firemark, Esq., Los Angeles, California
Entertainment Law Update
In these podcasts, Gordon has a guest from Texas, Tamara Bennett.
Episode 6 – November 16th, 2009
Carly Simon sued Starbucks for breech of contract. They backed out of the publicity department and decided that, especially since she couldn’t release her newest album with them.
They also mention that Bonnie Vent pitched an advertisement idea for Mars Snack Foods to cross the candies with Adams Family characters. The idea was confidential and original, but Mars claimed that it was not in confidence. She was relying on an implied confidential relationship, so she had no proof that Mars agreed on this relationship.
Similarly was David Chase, the writer for the Sopranos, vs. Bayer. The novel idea for the family in the show was up for question in that relationship.
http://www.entertainmentlawupdate.com/2009/11/episode6/
Episode 13 – August 25th, 2010
Joel Tannenbaum was sued by record industry was in district court in Massachusetts. Judge says that the due process clause applies since he wasn’t in it for money and caused minimal harm. (There will be more information in the Episode 17 entry)
Fair use in the case of the Jersey Boys and a show, which was a review of Four Seasons’ music. Sofa entertainment controls catalogue of Ed Sullivan show. The musical includes Ed Sullivan introducing the Four Seasons (about 7 seconds). They did not file permission for use in the musical on the show. They concluded that it was a fair use case since it was entertainment as opposed to editorial. It was narrative to show a point in time and not purely for entertainment. It was commercial use, but sofa isn’t in the business for licensing these clips, so it would be considered a case of fair use. Also, Ed Sullivan has been dead for more than 50 years, so the right of publicity claim would be null.
http://www.entertainmentlawupdate.com/2010/08/episode_13/
Episode 17th – January 26, 2011
In these podcasts, Gordon has a guest from Texas, Tamara Bennett.
He talks about a fair use case about an artist’s artwork picturing Obama and how the ones who were using his artwork for t-shirts were actually licensed , but he needed to possibly pay a royalty to the Associated Press.
Joel Tannenbaum is a “music pirate” for file sharing. Obviously containing copyrighting problems, he claims that the damages of $675,000 are too much since he didn’t want to gain revenue from sharing the music. Gordon makes a good point that even though he wasn’t in it for profit, he was trying to save money by not paying for the music, which is why there are so many problems with this since Napster and KaZaA cases.
Another case mentioned was the Hard Rock trademark dispute in the Las Vegas Hotel of which the TV show Rehab is filmed. The show was infringing the Hard Rock trademark in that the show portrays images that aren’t exactly great publicity for the brand.
A stock car driver has claimed trademark infringement on “Lightning McQueen” from ‘Cars.’ He is a red racecar with the yellow number 95, the same as the stock racecar driver. However, the courts decided that it is not so because he could not prove any ownership of a trademark for this look, and the movie was not meant to show any kind of “driver” persona, only the cars.
Josh Groban on Jimmy Kimmel live - following Kanye West tweets skit, he sings them on a compilation album commercial. This is possibly a copyright infringement as it is an original work. They discuss if it is each individual tweet or all of the tweets together or any at all. It is not a current case as Kanye had not pressed the matter. Gordon mentions that since it is only a parody to make fun of this, that it is a matter of fair use. If Josh had actually made an album, then it may be a problem.
Another story they mention is that of the Jimi Hendrix estate in Washington. The estate is suing Hendrix licensing selling items bearing his likeness and name. The constitutional aspects must be the only aspects involved since the state ruling of the right of publicity wasn’t in effect until after the case was already brought to the courts. The problem with this case is that the right of publicity is a state law, and trademarks are hard to come by for people’s names and likenesses. One that Tamara mentions that is around is the Elvis trademark.
http://www.entertainmentlawupdate.com/2011/01/episode-17-can-kanye-write-songs-140-characters-at-a-time/
Entertainment Law Update
In these podcasts, Gordon has a guest from Texas, Tamara Bennett.
Episode 6 – November 16th, 2009
Carly Simon sued Starbucks for breech of contract. They backed out of the publicity department and decided that, especially since she couldn’t release her newest album with them.
They also mention that Bonnie Vent pitched an advertisement idea for Mars Snack Foods to cross the candies with Adams Family characters. The idea was confidential and original, but Mars claimed that it was not in confidence. She was relying on an implied confidential relationship, so she had no proof that Mars agreed on this relationship.
Similarly was David Chase, the writer for the Sopranos, vs. Bayer. The novel idea for the family in the show was up for question in that relationship.
http://www.entertainmentlawupdate.com/2009/11/episode6/
Episode 13 – August 25th, 2010
Joel Tannenbaum was sued by record industry was in district court in Massachusetts. Judge says that the due process clause applies since he wasn’t in it for money and caused minimal harm. (There will be more information in the Episode 17 entry)
Fair use in the case of the Jersey Boys and a show, which was a review of Four Seasons’ music. Sofa entertainment controls catalogue of Ed Sullivan show. The musical includes Ed Sullivan introducing the Four Seasons (about 7 seconds). They did not file permission for use in the musical on the show. They concluded that it was a fair use case since it was entertainment as opposed to editorial. It was narrative to show a point in time and not purely for entertainment. It was commercial use, but sofa isn’t in the business for licensing these clips, so it would be considered a case of fair use. Also, Ed Sullivan has been dead for more than 50 years, so the right of publicity claim would be null.
http://www.entertainmentlawupdate.com/2010/08/episode_13/
Episode 17th – January 26, 2011
In these podcasts, Gordon has a guest from Texas, Tamara Bennett.
He talks about a fair use case about an artist’s artwork picturing Obama and how the ones who were using his artwork for t-shirts were actually licensed , but he needed to possibly pay a royalty to the Associated Press.
Joel Tannenbaum is a “music pirate” for file sharing. Obviously containing copyrighting problems, he claims that the damages of $675,000 are too much since he didn’t want to gain revenue from sharing the music. Gordon makes a good point that even though he wasn’t in it for profit, he was trying to save money by not paying for the music, which is why there are so many problems with this since Napster and KaZaA cases.
Another case mentioned was the Hard Rock trademark dispute in the Las Vegas Hotel of which the TV show Rehab is filmed. The show was infringing the Hard Rock trademark in that the show portrays images that aren’t exactly great publicity for the brand.
A stock car driver has claimed trademark infringement on “Lightning McQueen” from ‘Cars.’ He is a red racecar with the yellow number 95, the same as the stock racecar driver. However, the courts decided that it is not so because he could not prove any ownership of a trademark for this look, and the movie was not meant to show any kind of “driver” persona, only the cars.
Josh Groban on Jimmy Kimmel live - following Kanye West tweets skit, he sings them on a compilation album commercial. This is possibly a copyright infringement as it is an original work. They discuss if it is each individual tweet or all of the tweets together or any at all. It is not a current case as Kanye had not pressed the matter. Gordon mentions that since it is only a parody to make fun of this, that it is a matter of fair use. If Josh had actually made an album, then it may be a problem.
Another story they mention is that of the Jimi Hendrix estate in Washington. The estate is suing Hendrix licensing selling items bearing his likeness and name. The constitutional aspects must be the only aspects involved since the state ruling of the right of publicity wasn’t in effect until after the case was already brought to the courts. The problem with this case is that the right of publicity is a state law, and trademarks are hard to come by for people’s names and likenesses. One that Tamara mentions that is around is the Elvis trademark.
http://www.entertainmentlawupdate.com/2011/01/episode-17-can-kanye-write-songs-140-characters-at-a-time/
Sunday, February 20, 2011
Mutual Benefit
I believe that if everyone negotiated with the other party’s interests and resulting outcome in mind as much as their own, the entire world would be a much better place. If you haven’t seen the show Fairly Legal, or even know it’s subject, it’s about a lady who works for her family’s law firm. Her sister and brother are both lawyers, but she is a mediator. Basically she deals with settlement cases and tries to keep it out of the courtroom. She helps everyone get what is wanted, to an efficient and mutual ends. Sometimes it is hard to negotiate without a mediator to keep the peace and make sure the things stay fair, but that is why I believe mutual benefit is the best way to negotiate.
As for the interview, I interviewed the chief video editor that works for the local news channel, WYFF 4. Mr. Harmon deals with the news teams and his personal video team within his department at the office. He used to be behind the lens actually filming on the streets, but has since worked his way up to a nice office in downtown Greenville. While he was a cameraman, he saw many of the incidents of the evening news first hand, but now he deals with the clips afterwards. So now he gives the final say about how things should be done. In a way, this can be viewed as a dictatorship with no negotiations allowed, but he likes to think otherwise. He could tell everyone what to do and how to do and expect it be done that way, but he approached his job in another light. He prefers to work with the members of his department like a team and let everyone have input while discussing every aspect and option. This is a perfect representation of mutual benefit. He benefits in that his team is more willing to work with him and they do not resent his leadership. They benefit in that they can express their creative abilities and work as a team.
How great is it to hear about an office working like this, in harmony and peace?
As for the interview, I interviewed the chief video editor that works for the local news channel, WYFF 4. Mr. Harmon deals with the news teams and his personal video team within his department at the office. He used to be behind the lens actually filming on the streets, but has since worked his way up to a nice office in downtown Greenville. While he was a cameraman, he saw many of the incidents of the evening news first hand, but now he deals with the clips afterwards. So now he gives the final say about how things should be done. In a way, this can be viewed as a dictatorship with no negotiations allowed, but he likes to think otherwise. He could tell everyone what to do and how to do and expect it be done that way, but he approached his job in another light. He prefers to work with the members of his department like a team and let everyone have input while discussing every aspect and option. This is a perfect representation of mutual benefit. He benefits in that his team is more willing to work with him and they do not resent his leadership. They benefit in that they can express their creative abilities and work as a team.
How great is it to hear about an office working like this, in harmony and peace?
Friday, January 28, 2011
Entertainment Industry
http://www.iamaworld.com/
I found the perfect association, I'm so excited to be able to discuss this. You see, I'm not only interested in artist management for musicians (possibly actors and dancers in the future), but more specifically, classically trained musicians.
So, not only is this a classical music artist management association, but it is worldwide. This is a huge aspect of this organization. If there are any problems, they seek to resolve the conflict through the help of their network and can do so from any country and in any language. How many companies do I know of that this is as accessible? Probably none off the top of my head.
Not only this, but they are steadily working on the uprise of the market in (SURPRISE!!) China. They obviously know where the game is headed. That country was living under a social rock for so long, and now that they have internet access, the market is taking off like never before seen anywhere in the world. Why? Because all of the development has already occurred. All of the other countries have developed with the development of the world market, but no, not China. China is an excited baby with a shiny new set of keys to the future.
As a brainstorm, I think that it would have been a wonderful feat if someone had anticipated China's market finally opening up and was prepared to send them everything. Just think of what they can do for the rest of the world now that they have access to us.
Not that it is a specific mission of theirs (although if it isn't, I'm sure deep down it is, or it definitely should be!) to reach out to China's new market, but this is a great example of the work that this organization tries to fulfill. They want the classical musicians to be secure and have a place in the world. Now that China is open and ready and most likely willing, I can't imagine what kind of musicians will come from that country. It's a vast country, very poor, but with lots of people. Information is quite free (just not the way they receive it) and they have to be creative as to the ways that they use it. They only want the most new exciting things there, and that is how the industry will need to target it's market projections.
I found the perfect association, I'm so excited to be able to discuss this. You see, I'm not only interested in artist management for musicians (possibly actors and dancers in the future), but more specifically, classically trained musicians.
So, not only is this a classical music artist management association, but it is worldwide. This is a huge aspect of this organization. If there are any problems, they seek to resolve the conflict through the help of their network and can do so from any country and in any language. How many companies do I know of that this is as accessible? Probably none off the top of my head.
Not only this, but they are steadily working on the uprise of the market in (SURPRISE!!) China. They obviously know where the game is headed. That country was living under a social rock for so long, and now that they have internet access, the market is taking off like never before seen anywhere in the world. Why? Because all of the development has already occurred. All of the other countries have developed with the development of the world market, but no, not China. China is an excited baby with a shiny new set of keys to the future.
As a brainstorm, I think that it would have been a wonderful feat if someone had anticipated China's market finally opening up and was prepared to send them everything. Just think of what they can do for the rest of the world now that they have access to us.
Not that it is a specific mission of theirs (although if it isn't, I'm sure deep down it is, or it definitely should be!) to reach out to China's new market, but this is a great example of the work that this organization tries to fulfill. They want the classical musicians to be secure and have a place in the world. Now that China is open and ready and most likely willing, I can't imagine what kind of musicians will come from that country. It's a vast country, very poor, but with lots of people. Information is quite free (just not the way they receive it) and they have to be creative as to the ways that they use it. They only want the most new exciting things there, and that is how the industry will need to target it's market projections.
Business Storytelling
Okay, so maybe it's a little cliche to use the video of Chris Anderson that was posted on the assignment page, but here goes.
I thought that this video was extremely important for entrepreneurs everywhere, especially after the assignment last week. I read an article about China's booming market, especially in the digital sense. The fact that Chris Anderson from the TED talk is talking about how the communication process is "fine-tuned through millions years of evolution," the internet is the instant source of anything and everything. Truth and deception are both out there in the internet, but for the most part, what I'm discussing here is certain.
Enough of being vague, I'm talking about the business industry here. I think it's more important than ever to do market forecasting and "keeping up with the Joneses." I don't really like expressions like that, but honestly, this is a competitive industry. You have to know what to do and where to go to do it in order to stay ahead of the competition and new products.
What better way to accomplish this than the internet? It's more than lightening fast and it's accessible just about everywhere and at any time. We can even use our cell phones now to accomplish these feats! I remember when my mother was the only one with a cell phone in the family and it was for driving in the city. That phone could send and receive calls, and you could even add your contacts to the phone book. Wow that's amazing! My boyfriend doesn't even own a computer and pays $100 a month for his Blackberry Storm with internet access. I have two laptops, a cellphone (mainly used for texting), and a Verizon MiFi card. I won't even begin to tell you how much I have invested in my collection. Also, as a side note, the worst part of technology is that an antique really is junk. That cellphone my mom used to carry in the car? Oh yeah, that's scrap parts now. It's not like an antique table. The newer the better and the better the better.
Why am I going to all the trouble of explaining something that seems pretty obvious? Because it completely applies to the market of any industry! The newest information you can get will help you more than anything else out there! How do I know my client will have the best paying job I can find him? Because I researched the highest paying professional pianist gigs out there and found a solid one for him.
These measures only need to be applied from different angles, but they always work.
I thought that this video was extremely important for entrepreneurs everywhere, especially after the assignment last week. I read an article about China's booming market, especially in the digital sense. The fact that Chris Anderson from the TED talk is talking about how the communication process is "fine-tuned through millions years of evolution," the internet is the instant source of anything and everything. Truth and deception are both out there in the internet, but for the most part, what I'm discussing here is certain.
Enough of being vague, I'm talking about the business industry here. I think it's more important than ever to do market forecasting and "keeping up with the Joneses." I don't really like expressions like that, but honestly, this is a competitive industry. You have to know what to do and where to go to do it in order to stay ahead of the competition and new products.
What better way to accomplish this than the internet? It's more than lightening fast and it's accessible just about everywhere and at any time. We can even use our cell phones now to accomplish these feats! I remember when my mother was the only one with a cell phone in the family and it was for driving in the city. That phone could send and receive calls, and you could even add your contacts to the phone book. Wow that's amazing! My boyfriend doesn't even own a computer and pays $100 a month for his Blackberry Storm with internet access. I have two laptops, a cellphone (mainly used for texting), and a Verizon MiFi card. I won't even begin to tell you how much I have invested in my collection. Also, as a side note, the worst part of technology is that an antique really is junk. That cellphone my mom used to carry in the car? Oh yeah, that's scrap parts now. It's not like an antique table. The newer the better and the better the better.
Why am I going to all the trouble of explaining something that seems pretty obvious? Because it completely applies to the market of any industry! The newest information you can get will help you more than anything else out there! How do I know my client will have the best paying job I can find him? Because I researched the highest paying professional pianist gigs out there and found a solid one for him.
These measures only need to be applied from different angles, but they always work.
Subscribe to:
Posts (Atom)