Saturday, December 8, 2012

Entertainment Law Review


Entertainment Law update Podcast with Gordan P. Firemark, Esq. and Tamera Bennett

Podcast Episode 36

Netflix Inc. Settles
The class action case brought on by the National Association of the deaf were successful in getting 100% closed captioning on Netflix streaming movies within the next two to four years. To some degree I feel a little sorry for Netflix. The whole time I was reviewing this case I felt like I was reviewing a boxing match with Tyson annihilating one of his opponents in the ring. Each time Netflix gave a little, the class action group wanted more and punched Netflix even harder. They got exactly what they wanted, and then some. Netflix also was ordered to pay attorneys’ fees to the tune of $755,000 as well as an additional $40,000 for the closed captioning process to be monitored. The discussion ended with the last comments about what happens next, both Gordan and Tamera posed questions pertaining to the Movie Theater and Broadway show procedures on closed and open captioning.  In my opinion, we should remove all aspects of "Dis-Ability". It is unfortunate, but when situations do not affect us personally we have a bad habit of taking our "Abilities" for granted.




Podcast Episode 33

Tove & Hayden Christensen Forest Park Pictures v. Universal (USA Networks) Royal Pains
The brothers Forest Park Pictures claim they developed the idea for the show Royal Pains. Their version of the show was called Housecall. It was about a doctor who could no longer practice as medicine in the city, so he moves to Malibu. He becomes a doctor who caters only to the very rich and famous. In 2009, USA Network, which is under the umbrella of Universal, broadcasted a show with the same basic story line. The only difference was where the doctor moved. The new location was the Hamptons instead of Malibu. The Second Circuit sided in favor of the brothers AKA (Forest Park Pictures) on the bases of Copyright Act Preemption.
In my opinion, the brothers should have been a bit more careful about who they were shopping their treatment to. But overall I am glad the court sided with them this time.

In conclusion, I have learned some valuable lessons from both podcast updates for my business plan. The first lesson is to consider as many types of demographic as possible when considering product distribution and never exclude one over another. It might not be worth the court fees. The second lesson I learned was not to trust anyone with my industry literary works before I register them as trademarks, patents, trade secrets, and copyrights so they are protected because everybody might not have your best interest at heart.









References:
Entertainment Law Update Episode 36, 33 http://www.entertainmentlawupdate.com/2012/08/episode-33-cease-and-desist-but-nicely/

Google Images http://www.google.com/webhp?hl=en&tab=ww#hl=en&sugexp=les%3B&gs_nf=3&gs_rn=0&gs_ri=hp&gs_mss=images%20of%20tov&qe=aW1hZ2VzIG9mIHRvdmUgYW5kIGhheWRlbg&qesig=_Xt1JXdShxSEfDij54BCxQ&pkc=AFgZ2tk1xYDdzaI3YBQKFZamUxCpE4L2OHbRzN_dHdmf9Jo9XteQlsbOXRnxjJDreDXKwXbWsZhvAPGZMHTd1yCgLWPxkgitDA&pq=images%20of%20netflix&cp=25&gs_id=4h&xhr=t&q=images+of+tove+and+hayden&pf=p&tbo=d&sclient=psy-ab&oq=images+of+tove+and+hayden&gs_l=&pbx=1&bav=on.2,or.r_gc.r_pw.r_cp.r_qf.&fp=189034c2ca497c3d&bpcl=39650382&biw=1047&bih=786


Wednesday, November 28, 2012

Industry Liabilities


Personal Managers Group is suing to stop the enforcement of the Talent Agencies Act also known as the (TAA). The California laws that prevent managers from securing employment for their clients is becoming increasing hard to avoid. Presently, if a manager wants this task completed, the manager has to get an agent to perform it or get a license to become an agent.

In my opinion, the California law needs to catch up with the times. Managers are responsible for more now, in order for an artist to become successful, opposed to when this law was originated. The job description back then of both titles was clearly defined but today personal managers are wearing several hats including the one previously worn by an agent. 




The Star of “ Flipping Out” Jeff Lewis is suing his co-star Jenni, who has been his executive assistant for the past ten years, for breaching her confidentiality agreement that she signed in 2008. Jeff filed the lawsuit in L.A Superior court on Wednesday, November 14th, 2012. Mr. Lewis’s complaint states that his co- star plans to write a book titled “Hang in there, baby, —What One of the World’s Most Difficult Bosses Taught Me About Life, Work, and Love”.

In my opinion, this is just a publicity stunt. Jeff and Jenni are both stars of this reality show. She is the Yang to his Yin. He is only acting out because she will not give him an advanced copy. On the other hand, it may be the same kind of situation like the “Red Hot Chili Peppers” v. Showtime regarding Californacation. Jeff just might be covering his bases to make sure he protects his business from being tarnished from what could be insinuated in the book, even if he really does not have a problem with it.




Britney Spears and her parents won their court case against her former manager Sam Lufti who was suing her for breach of contract. Sam claimed that he was owed 15% of Britney Spears shared earning because he became her Manager after her head-shaving meltdown when she fired her whole team. Unfortunately, The courts did not think he had enough evidence to support his claims and the case was dismissed.

In my opinion, there was probably some truth to Sam Lufti’s claim but he did not present it well to the court. I am just a little concerned that if he could not provide documentation to prove his claim, than I would question his organizational skills as a manager.


In conclusion, I believe all three court case articles will assist me in becoming more aware of the dirty tricks talent, artist or people in my employ will play that can alter my career path, business, and/ or my reputation. I will have to be conscious of the pitfalls and the legal ramifications that come along with this industry in order for me to be successful in the business of the entertainment.





Reference:

Google Images http://www.google.com/webhp?hl=en&tab=ww#hl=en&tbo=d&sclient=psy-ab&q=images+of+Talent+agency+act&oq=images+of+Talent+agency+act&gs_l=serp.3..33i29l3.11753.37998.1.39159.22.21.1.0.0.0.126.1474.18j3.21.0.les%3B..0.0...1c.1.RdX1b3Mo2mA&pbx=1&bav=on.2,or.r_gc.r_pw.r_cp.r_qf.&fp=ce3035b6e2c7a37&bpcl=38897761&biw=1119&bih=721



THR http://www.hollywoodreporter.com/thr-esq/britney-spears-trial-sam-lufti-385597

Sunday, November 11, 2012

Managers backstage


The Ross Report used to be where we looked for industry reference. Today a website called backstage is how we direct new talent to start in the industry. The raines have been passed to backstage magazine for talent to use in search for a lifeline into the entertainment industry. There are several websites used by artist managers in the business but the best resource for information evolving what matters in entertainment is the backstage. 


This magazine is considered the entertainment bible in the industry. Backstage has been the best source for talent since the 1960’s; it is updated every two weeks to keep the industry’s information current. It provides information about pre and postproductions of films, television, stage, commercials, and web series from New York City to LA. Auditions, castings and all other industry positions or job opportunities in the entertainment business can be found in backstage.  

Backstage is used as the directory for anyone who is interested in working in the entertainment industry. Talent who are currently seeking management representation will find at least 658 managers listed in backstage to choose from. The list is categorized in areas of representation. It provides background information regarding the person or company, contact information and submission policy if necessary. In most cases information is not available unless the talent becomes an account member of backstage magazine. It is well worth it, so many jobs and networking opportunities have paved the way to success from these resources.

Backstage also keeps their subscribers updated on celebrity interviews, news, and audition calendars. This information is important because it keeps the talent in the loop of what is happening in their area of interest. I would recommend any talent or interested industry hopeful to begin their career by getting a subscription to backstage magazine to start their quest of entering into the business of the entertainment.   

















References:

Google images http://www.google.com/webhp?hl=en&tab=ww#hl=en&sugexp=les%3B&gs_nf=3&qe=aW1hZw&qesig=RUIF_q-Ofq6zretaa9_cHg&pkc=AFgZ2tk62xupPoF9ms727d6DV0OwB-vGTjkdNueAM8V10MZdc01Z2sD_iEo51AgHzUAvblJ9_4GODaYqDz-81qkn_r3Cvt0kFQ&cp=4&gs_id=d&xhr=t&q=images+of+iron+man&pf=p&tbo=d&output=search&sclient=psy-ab&oq=imag&gs_l=&pbx=1&bav=on.2,or.r_gc.r_pw.r_cp.r_qf.&fp=65a6ecd9ee5d3679&bpcl=38093640&biw=1193&bih=755

backstage http://www.backstage.com

Tuesday, October 30, 2012

Managing an Artist


Cortez Bryant is the CEO of Bryant Management and Lil Wayne’s manager. He also manages Lil Wayne’s company called Young Money. Bryant was a classmate of Lil Wayne at the Eleanor McMain Secondary School in New Orleans. Once Lil Wayne’s career stated to take off, Wayne wanted Bryant to help him manage it because he was the only one he trusted. Bryant has a degree in mass communications and graphic design from Jackson State University.

Bryant was very instrumental with getting Lil Wayne appearances with other artist in order to build his reputation in the industry. In 2008, Lil Wayne won a Grammy Award for “The Carter III”. He sold 3.5 million units and became a solid contending artist.

According to (Larry Leblanc, In the Hot with Larry Leblanc) in an interview with Bryant, he speaks candidly about Lil Wayne. He states, “ He’s the creative guy, I’m the voice”. Cortez Bryant has managed to juggle all of Lil Wayne’s dreams and ventures with humility and ease. Although he had no formal training as a manager or desire at first, he does an incredible job of representing his childhood friend.




Lil Wayne was born Dewayne Michael Carter Jr. He came on the music industry scene at 9- years old, when he got the attention of Birdman Williams. By 1995, Lil Wayne was 13-years old and signed to the Cash Money label as one of the rappers of Juvenile. Soon after, Lil Wayne and other members of the group formed another group called “Hot Boys”.

By the time Lil Wayne was 17, he released his first solo album called “The Block is Hot”, this was his first hit which came out in 1999. He managed to have other success with his next album as well but lost his group members in the process. It was not until he completely went out on his own with the “The Carter II” album that he got real recognition as well as hit the billboard charts from selling about 240,000 units.





During Lil Wayne’s incarceration, Bryant was diligent about making sure Lil Wayne was not forgotten.
Several new singles were released strategically until Lil Wayne returned back to work. Bryant also had Lil Wayne’s protégé mix their material with Lil Wayne’s released material in order to keep Wayne's fans interested.






References:

Larry Leblanc http://www.celebrityaccess.com/members/profile.html?id=545

Google Images
http://www.google.com/webhp?hl=en&tab=ww#hl=en&sclient=psy-ab&q=images+of+coetez+bryant&oq=images+of+coetez+bryant&gs_l=hp.3...2436.11697.1.12450.17.17.0.0.0.0.121.1074.15j2.17.0.les%3B..0.0...1c.1.EY6U_iyuOxg&pbx=1&bav=on.2,or.r_gc.r_pw.r_cp.r_qf.&fp=e55e27c31e3857be&bpcl=36601534&biw=1183&bih=786

Sunday, October 7, 2012

Pure Inspiration


                   
BackStory
James Hunter is the Founder and CEO of 1st Dibz Productions LLC. He resides in Florida now, but he is originally from Brooklyn New York. He is also an alumnus of Full Sail University with a Bachelor’s degree in film and a Master’s degree in entertainment business. As a Hip-Hop artist, his aspirations were cut short when he was shot three times causing him to become paralyzed from the waist down. He changed his focus to film once he enrolled at Full Sail University. He was injured again significantly when a truck ran him over. In addition, medical complications from both unfortunate incidents greatly plagued his college career. Regardless, he remained determined to accomplish his dream of building his own film production company.   

Interview
On October 5th 2012, at 6:00 p.m. on a rainy Friday afternoon, I was interviewing James Hunter at his home in Orlando Florida. He was having a Heineken and I was drinking bottled water on his patio.  The first thing I noticed about James was his incredibly charming personality. His voice was filled with enthusiasm as he used his hands when he spoke. It was very easy to become captivated listening to him, so much that I completely forgot he was half robot. He figuratively stood across from me just as a man sharing his industry experiences and personal obstacles that he obviously turned into opportunities. Our interview consisted of him sharing some of his negotiation experiences in order to get some of his films produced. We focused on three areas of negotiation: Leverage, Mutual Benefits and Tricky Tactics.

Leverage
The first opportunity for James came when he was looking for investors for the production of his first film “Juxed”.  Unfortunately around the same time, his wheelchair malfunctioned as he got half way across a busy street and a truck hit him. One of the doctors he developed a friendship with while being in the hospital for a year, was on the fence each time James asked him to be an investor. One day during one of James’s many surgeries, his doctor thought he had made an irreversible mistake; because of the friendship between the two men, the doctor’s wife compelled him to explain the situation to James. After James listened to him, he suppressed his true feelings of anger and blindly forgave his doctor. Luckily, the mistake was caught in time sparing both men possible legal issues. This time James jokingly reminded his friend of the potentially diverted malpractice lawsuit, asking once again, 
“ So doc, what’s up with you investing in my movie?” Without hesitation the doctor accepted James’s deal proposal and became an investor for “Juxed”. The two men are still friends today.

Mutual Benefit
Another opportunity for the Production on James’s short film “Juxed” began before he graduated from Full Sail University. He met Sean Nelson though a childhood friend, which is a Hollywood actor whose industry resume includes movies like “The Wood, Fresh with Samuel L. Jackson and HBO’s The Corner”. He explains to me, how he was willing to negotiate hiring Sean Nelson and Duane Finley as lead actors for about $1,500 to $2,000. But once Sean read the script, he wanted to negotiate being a co-producer as well as one of the lead actors in exchange for zero payment. James gladly accepted that deal and finished production of his movie once he graduated from Full Sail University with his film degree in 2010.


Tricky Tactics
In 2011, James was recommended to co-direct an independent film but after conversation with the filmmaker James realized he would be better suited as the producer. According to the hundred-page script, the amount of money he started his negotiation with was $15,000 in addition to 7% on the backend. The deal was agreed but not signed due supposedly to attorney backlog. After several assuring meetings but no signed contract in hand, James decided to confront the filmmaker. James learned that the filmmaker was stringing him along; meanwhile, using another company to produce the film for only $10,000. The day before Christmas, the filmmaker was unsatisfied with his decision and called James back. James successfully negotiated and signed a different contract that helped the filmmaker correct problems previously made by the producer he chose over James. 





Reference:
Retrieved from Interviewee, James Hunter, 1st Dibz Production LLC, 1stdibzproductions@gmail.com

Dr. Steve Adkins, Full Sail University Professor, sadkins@fullsail.com

Google images, Retrieved from
http://www.google.com/search?q=images+of+james+hunter+1st+dibz&hl=en&client=safari&rls=en&prmd=imvnso&tbm=isch&tbo=u&source=univ&sa=X&ei=1gNyUOD3LYXS9QSCioHQCA&sqi=2&ved=0CCMQsAQ&biw=1230&bih=737