Take It From An Industry Expert!!!

         Managing social media habits can be a daunting task for even an expert social media user. Even more difficult is the duty for employers to see if their employees are behaving in an ethical manner on social media outlets. Would you want the CFO of you company sharing racy picture over Facebook? Is it acceptable to have your senior accountant on twitter sharing insider financial information with competitors? Obviously these are issues that arise in the new technologically advanced era of social media.

         During litigation lawyers often will view the Facebook pages of all relevant parties in a particular case looking for signs of applicable issues. For example having racy pictures on your Facebook page while undergoing a sexual harassment allegation at work can be a detrimental mistake. Adversely sharing articles on respect for women throughout your Facebook page may show a caring side that otherwise would not have been revealed.

         In regards to patents, sending in multiple variations of an idea on one patent application can be extremely beneficial. This would protect each variation while allowing for wiggle room if a certain variation is denied. As with many parts of a business strategy having a back up intellectual property gives stability. Many issues can arise that stall a particular IP’s success over its lifetime. Having multiple variations prepared gives an economical umbrella.

         Understanding the rights that each individual is given on the Internet is key in today’s entertainment marketplace. Peer-to-peer sharing is a major negative in the eyes of the music industry in particular. Yet, peer-to-peer sharing has some positives that can be exploited with reasonable diligence. When music is being shared at the rates that they currently are, artist are reaching a wider audience then in years past although the revenue suggest differently. Working within the structure provided by the FCC music companies can always deal out comfortably on the Internet with little fear that anyone can block consumer access to the music of their choice. This freedom allows for small music companies to mingle freely in the same market space as enormous music companies.

Outside Sources

Management on Social Media: Good Employee Communication Tool or Liability? (Podcast)

http://www.abajournal.com/news/article/management_on_social_media_good_employee_communication_tool_or_liability/

Patents

http://itunes.apple.com/us/podcast/engr-408-patent-law-fall-2009/id431522943

Is Net Neutrality a Virtual Taking?

http://deimos3.apple.com/WebObjects/Core.woa/Feed/suffolk-public-dz.4508724109.04508724111

Why You Need A Manager

            The joy of being a professional music artist comes with tons of hard work and credential building. In todays saturated music market the level of competition is enormous. Independent labels sprout like weeds on a summer day as more and more creative individuals embark on the path of musical success. Advances in technology have allowed musicians to create material in the blink of an eye in comparison to decades past. Furthermore, the need to work as a full-time musician has dwindled with the influx of tools to speed up the music creation process. Part-time schedules, typical family life in addition to having another full or part-time job have raised the need for a management team to handle the numerous business affairs of an artist.

            A competent music manager would likely handle multiple duties from business matters, booking agent, promoter, and personal assistant duties to name a few. Couldn’t you use help in these areas? If so then you should hire a manager today! Oh, but I forgot money is tight and there is no way that you could conceivably pay another individual while your barely making ends meet. Well there is no need to get overly excited since most managers are paid on a commission basis. Typically 15% of relevant net income is the commission fee, so a manager would not get paid until you get paid based on your contractual agreement. This alleviates any competing interest and you will know once your manager is contractual bound to your success that when you make money he/she will make money as well.

            As with any entity that you contract to work for you there should be a solid working relationship. You may not love your manager but you should respect the job that they can do for your music career. Another music industry standard for contracts with managers is to have a length of 4 to 12 months. This allows for flexibility especially in the early stages of your relationship with that respective manager/management team.

            Understanding your limitations is a vital part of analyzing your music’s financial potential. Viewing a manager as a part of that success is key. Often in the independent music scene managers are considered leeches. I think after reading WarStation TV’s article, you will realize that an effective manager will leech others for your and their benefit.

 Outside Sources:

Greene, L. A. (2006). so you want to be a music manager?. Cosmo Girl, 8(6), 114. Retrieved from EBSCOhost.

 Oliver, P. G. (2010). The DIY artist: issues of sustainability within local music scenes. Management Decision, 48(9), 1422-1432. doi:10.1108/00251741011082161

 Sutherland, K. (2008). SPIN CITY. BC Business, 36(12), 99-106. Retrieved from EBSCOhost.

Legal Aspects of the Entertainment Industry

   Often the legality of the entertainment industry is overlooked by up and coming artist. It can be something as small as a sample clearance not being completed that can land a new artist in court for copyright infringement. There is a similar case in regards to Michigan rapper Jon Connor. Jon released a tribute song to fallen rapper MC Breed. However, Jon made a major legal mistake. He placed this tribute song on ITunes for sale without getting permission or clearance from the proper authorities.

            MC Breed’s widow Mrs. Natasha Breed filed suit against Jon Connor stating that Jon used portions of an original cut from one of MC Breed’s previous works without getting approval. Accordant to S. Horowitz (2011) Natasha Breed believes that Jon is profiting off of MC Breed’s music material. She totally disagrees with the assumption that he could do so without getting the proper permissions.

            Lets take a look at a major artist that has legal issues to handle as of late. Trey Songz one of the top R&B acts in the world currently has found himself along with his major label in legal hot waters. In late 2010 through early 2011 Trey Songz had a hit single title “Bottoms Up” featuring Nicky Minaj. Doc Mob Records in addition to IHip-Hop Music are suing Trey Songz plus Atlantic Records for 18 million dollars. Atlantic Records is not the only co-defendant named in the mentioned lawsuit. Two of Trey Songz’s managers are named as well for using the song in an advertising campaign. Based on the information I gathered from a Hip-HopDX.com report, this is a typical case of a producer makes a beat initially. Then another producer refines it, next takes it to a label without making sure that the initial producer is credited. I believe that when major labels work this way it sets a horrible tone, and discredits the independent producers. Hopefully the plaintiffs will collect a portion of the lawsuit amount their seeking if these claims are indeed fact.

            Lastly, lets discuss Jay-Z’s successful legal battle against a chef that appeared on the Hells Kitchen TV show. One of the winning contestants from that show used his prize earnings to open a restaurant titled Rockafella in 2006. Entertainment mogul Jay-Z has owned the Rock-A-Fella trademark for nearly two decades now. Courts in the UK ruled that the owner of Rockafella restaurant would be allowed to use the name in the UK for their restaurant and catering business. However, eventually an appellate court overruled the trial court's decision to allow them to use the trademarked name. Since that time the restaurant has closed down. In cases like this Jay-Z having a strong legal team overseas impacted the appeals process. Although the industries are a little different, I agree with the appellate courts decision. Jay-Z may want to create his own restaurant brand overseas using his labels trademark and this decision makes it to where his competitors would not carry the same likeness.

Outside Sources:

MC Breed's Wife Suing Jon Connor For Copyright Infringement

http://www.hiphopdx.com/index/news/id.16236/title.mc-breeds-wife-suing-jon-connor-for-copyright-infringement

Trey Songz Sued Over "Bottoms Up" Track

http://www.hiphopdx.com/index/news/id.13981/title.trey-songz-sued-over-bottoms-up-track

Jay-Z Wins Legal Battle Against Rockafella Restaurant

http://www.hiphopdx.com/index/news/id.14154/title.jay-z-wins-legal-battle-against-rockafella-restaurant