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/
Sunday, April 17, 2011
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.
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