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Wednesday, June 20, 2012

The Internet. . .Good for Everything That Ails Ya. . .Except Dating.

Hey gang!

Chris French here from Modern Midwest Entertainment! Before I get into the meat of this post, I want to say one thing. THANK GOD I have a girlfriend! I met my girlfriend back in November of last year (2011) through a mutual friend. I didn't have to go to one of those dating sites to find her, we found each other the old fashioned way, through a blind hookup! Heh.

Anyway, I keep getting emails about this one particular dating site and I got to thinking. These sites (even the free ones) must be making MILLIONS of dollars off of folks who decided to "give it a try", or folks that are just too busy to go out into the world and try to find someone in person. In looking at this particular site, I was AMAZED how many people out there are searching for love. With all the advances in modern technology, this little corner of the entertainment world has become very very huge. I call it entertainment because, what do you do on a date? Try to be entertaining! Exactly.

So, anyway, a closing thought: Next time you're on a dating site, stop. Flip the switch of your computer to off, get your wallet, or purse and keys, go down to the local entertainment venue, and try something outside of your comfort zone. . .talk to people! :-) You'll be amazed at the results!

Talk to ya again soon!

SEE YA!

Tuesday, May 29, 2012

You're Getting a Master's Degree in What?

Hi gang!

Chris French here from Modern Midwest Entertainment! What a difference a year makes, eh gang?! This week, I graduate from Full Sail University's Online course and I will earn a Master of Science in Entertainment Business! Amazing huh?! I thought so too! Now, in reference to the title of this post, that's the question my mom asked me recently when I told her I was about to finish up my Masters. You see, I already have a Bachelor of Arts in Psychology, so that makes me a people person. But what exactly did getting this Masters entail? Well, I sat down with my mom and dad and explained it to them what my classes had been. . .now I'm going to explain it to you.

First off, we had the Full Sail Orientation. Of course, with any school, you've gotta get oriented into the procedures and policies of the school. You have to learn class schedules, or in this case, homework schedules; availability of your professors and so on. Well, in the orientation, we also learned to use the Full Sail Online (FSO) platform, because, without learning that, we wouldn't know the hows and whys of what we were doing.

While the Orientation was in full swing, we simultaneously started our first class, Media Literacy and Research Methodology. I'll be the first to admit, I'm not a researcher, BUT. . .THIS kind of research I could really get into, since it was going to be about entertainment. . .or so I thought. Actually, we had some pretty straight forward research assignments, as well as learning, or in my case, relearning, the APA Format of writing. It was actually rather interesting to me to relearn things I had forgotten and to see the changes in the APA style from the last time I was in college, 10 years previous, to now.

Next came Executive Leadership. Now I am lucky, in that I spent time in the US Navy, which gave me some leadership skills already, but I was amazed by what I was taught in the Executive Leadership class. I never realized, at the time, that a blog can be an effective leadership tool. I had never used a blog much before. I had read a few, but had never written my own. Learning that a blog can show leadership through industry knowledge was something that I had never imagined. The blog I created, which you happen to be reading right now, was rough at first, but, as I researched; and found good knowledge about the topics that were presented toward us over the next few months; I realized that I have a lot of good information on this blog that will show that I can be a leader in the entertainment industry.

Project and Team Management was not an easy class. The assignments in this class could not be completed without a team effort. The culmination of this class was a team project in which I was part of a team that put together a non-profit organization called Green, that was geared toward feeding and sheltering the poor and needy. We came up with the idea of a benefit concert. I used expertise I have in radio broadcasting to create the radio campaign for this particular project. Our 14 page project document turned out to be a huge undertaking, but one, in my opinion, that truly taught me what being part of a good team can do for a person.

For me, Business Storytelling and Brand Development was an awesome class, even though I had to take it twice (first time, I had too many things going on outside of school that kept me from concentrating on class). The text for this class, The 22 Immutable Laws of Branding by Al and Laura Ries, covered so much about branding that I never even thought about. I know so much more now about how a business brands itself in order to achieve maximum effectiveness of the business and what businesses do to put the brand name in the consciousness of people. I am still using this book, along with all my books, to work on my businesses.

The next class I had was, to me, the scariest class I ever had. Entertainment Business Finance was scary to me because I am NOT a math brain. We had formula after formula of calculations to use for different aspects of business costs, analyses and all sort of figures. I was on the phone nearly daily with the course director, and thankfully, he was able to show me different ways to get to the same conclusions with my numbers. As I said, I'm not a math brain. . .but I survived this course!

Next came a course I had fun with, Negotiating and Deal Making. In my current professional life, I have to apply these skills to dealing with mentally ill people in crisis. In my new professional life, I will use these skills to help people I represent get the best deals possible while working for a mutually beneficial deal for both parties. I will admit, I had a lot of fun with a phone negotiation that I did with one of my classmates where I played a former "BIG STAR" and I got to negotiate the contract for a reality show. I was being a bit hard headed with this, but we managed to come to an agreement. It was awesome!

When I got to Product and Artist Management, I thought I knew what it takes to manage an artist, as I had tried a few months previous to this with a friend of mine who has been on the music scene for about 10 years (he has worked behind the scenes with the like of Brian Vander Ark of The Verve Pipe). I was less than successful at the time. During this course, I was able to find out what it actually takes to manage an artist, or bring a product to the masses. One assignment that stands out to me in particular is when we were asked to create a product pitch. I created a product pitch involving First Alert fire safety products and Comedian/Actor Denis Leary of the show Rescue Me. I really enjoyed doing that pitch and the research accompanying it.

Advanced Entertainment Law came next, and, even though my comments are brief on this, I will say this: This course is the one that convinced me to turn my attention to Entertainment Law for part of my future. I learned more of law in general in this course than I ever knew before this, even with my current profession in mental health.

Entertainment Media Publishing and Distribution was an interesting course. The assignment that sticks out most for me was learning how to create a literary press kit, and how to find a publisher for my material. I never knew how many independent publishers there are out in the world today. I encourage anyone that has an idea for a book to run with that idea and learn what I have about creating a press kit and getting yourself published!

As I was getting near the end of my course, I had Digital Marketing after Media Publishing and Distribution. The concepts of Digital Marketing has always eluded me. I had tried time and time again to learn these concepts, but I had failed. Until I took this course, that is. The course director took the time to explain in simple terms the concepts of Digital Marketing and I honestly can say, I felt like a dunderhead when I learned it was a lot simpler than I thought.

Finally, we came to Business Plan Development and the Final project Business Plan. I felt a sense of pride as I went through the assignments of these two courses and completed them. I ended up with a fully functional business plan for an entertainment venue that I can shop to investors and most likely get some money to make that venue a reality!

And there you have it. On Friday of this week, I will have the degree.
It's been a long, fun ride. . .but I made it.

Talk to again soon, gang!

SEE YA!

Monday, May 28, 2012

Where Do We Go From Here?

Hi Gang,

Chris French here at Modern Midwest Entertainment! A question was posed to me recently and I've been giving a bit of thought to it. I was asked, "Where do you see the entertainment industry going?" That is an  interesting question and one that I'm going to answer, in my own opinion, right now.

As you all know, for the last seven or eight years, we've had an explosion of video sites and social media on the Internet. Traditional entertainment is still big business. Movies, live entertainment, music and the like are still popular sources of entertainment, but, for people who live in outlying areas, live entertainment isn't always a viable option. With the cost of gas, and the economy being what it is, people just can't afford to drive long distances to see good quality live entertainment more than maybe once or twice a year. Even music on the radio is getting harder and harder to come by, with the advent of the HD stations, and subscription satellite radio services. If you don't have the money to put these in your car, you don't have the selection of music that people who can afford it do.

I see the entertainment industry heading toward more people staying at home and paying for videos and music through the computer. It's already starting to happen. Sites like Hulu are charging people to watch the programming from TV that they could have seen for free even as recently as six months ago. Even now, as I have a satellite dish on my house, I have to pay for my local network affiliate channels. Yes, live entertainment can now be beamed out across the globe in an instant to people who can't afford to travel to be there, but at what cost. Entertainment is meant to bring people together. It is meant to be a shared experience with other people. I have a feeling that, as technology progresses and we seclude ourselves more and more, entertainment will eventually be encapsulated and the humanity of it will be squeezed out.

I hope that I am wrong. I hope that the entertainment industry will take the new technology and make itself bigger and better. I hope it will fling open the doors wide and the shared experience of entertainment will be something we can share with our children, and their children, not just something we reminisce about.

Have a great Memorial Day, gang. To all of the men and women who've ever served in uniform, I say THANK YOU!

SEE YA!

Thursday, May 10, 2012

The Truth (About Financing) is Out There!


Hey gang,

Chris French here from Modern Midwest Entertainment. You know, I'll be honest, I don't have a lot of money. I don't have much in the way of rich relatives, either. In order for me to get a business off the ground, I'm going to need a few things. Number one, partners. Having people on board with me that are willing to share the burdens and the triumphs of owning a business is a great thing! Not only are they also invested with time, resources and such, but partners are also a good, creative resource to bounce ideas off of! A lot of good ideas get started not by one person, but a group of people! The second thing I'm going to need, and which is the focus of this blog, is MONEY!

A business just doesn't happen because of one's good looks. If it did, I'd have been in my own business 15 years ago. The main ingredient to get a start up from concept to concrete is cash! A person or a group can have the most fantastic idea ever thought of, but without the capital to back that idea, it'll just stay an idea. Very recently, a list of websites was given to me as a means to check out potential financing sources for my business. The website I'm going to talk to you about right now is called Opportunity Finance Network (OFN).

As I looked around this website, I became excited, because I could see the potential for me to get funding for my business right away. I went first to find out what kind of qualifications are needed to obtain financing. I looked at the qualifications:



Have a primary mission of community development and/or serving economically disadvantaged people and communities. For organizations that are part of a larger corporation, the parent corporation must also have a primary mission of community development.

Be a Member in good standing (i.e. current on dues, completed annual survey, etc.) of OFN, or commit to becoming a Member prior to closing the financial transaction;

Demonstrate that the use of capital is consistent with OFN’s mission;

Be a private, independent financial intermediary;

Use financing as a key component of their community development strategy;

Have a demonstrated track record of at least two years of community development financing;

Demonstrate the capacity to use capital productively; Demonstrate at least two years of operating surpluses in the last three years.  Source: Opportunity Finance Network Application for Funding http://www.opportunityfinance.net/uploadedfiles/financing/For_CDFIs/Application.for.Financing.pdf

I know, at the moment, that I don't meet the qualifications for this program, but, once I do, you better believe that I'm going to look into joining them and seeing about them helping to grow my business. I noticed an initiative that OFN and Starbucks have started called "Let's Create Jobs for USA". I personally like this, and I am going to donate to this. I want to help create jobs, that's one reason I'm starting a business. This is also another reason I want to try to get financing through OFN, due to their concerted effort to put people back to work.

The OFN website also offers a great deal of professional advice about starting businesses, along with sites about business policy, the OFN brand and what it can do for a business, and news about industry so businesses can keep up to date on what's happening in industries. OFN also offers knowledge sharing and strategic consulting to its members. I'll tell you, gang, if you have only one option to check into for financing and so much more, I would definitely recommend that you check out OFN. That's all for now gang, take care, and enjoy your weekend!

SEE YA!


Thursday, April 26, 2012

Getting Down to Business, Part 2.

Hey gang,

Chris French here from Modern Midwest Entertainment. A few weeks ago I discussed in this very blog about what investors are looking for in new businesses. Well, since then, I have been reading and rereading the things the investors are looking for and what I need to appeal to them. A business plan is the most important thing, and I have been working on that for the last few weeks now. In my previous blog, I talked about a man named Ben Botes. He is a business expert from the United Kingdom and has a ton of business experience. One piece of advice that Mr. Botes offers in his blog that I have been working to adhere to is this: Have a strong business plan that is comprehensive, yet "Short and sweet". Getting to the heart of the matter, and giving the investor the nitty gritty of the plan is what I want to do. This way, the investor gets a real sense of my business and I will have a better than average chance of snagging an investor for my business.

When I first started writing the business plan for the comedy/live entertainment venue that I'm working on, I'll admit, I was being very wordy. After I reread Mr. Botes blog, I realized that I was shooting my mouth off and needed to pare down my business plan. Originally, my plan was over 10 pages long, and now I've pared it down to roughly eight. THAT will make my plan quicker and easier to look through.

In evaluating my plan, I had to decide what sections of the plan I thought were most important. Well, in my honest opinion, the marketing plan is the most important part of the plan. Without an effective marketing and promotion plan, a business is not going to get any traffic, period. With the marketing plan, the business has a concrete plan of action to bring people to the business, website, blogs, social media and such. Every other section of the business plan IS important, as it describes every aspect of the business, but without marketing, a business is just a hobby.

Until next time gang,

SEE YA!

Saturday, March 31, 2012

Getting down to Business

Hey gang,


Chris French here from Modern Midwest Entertainment. Well, winter is turning to spring and my fancy is turning to thoughts of. . .business! As you know by know, I am almost finished with a Master's Degree in Entertainment Business from Full Sail University Online. As I get closer and closer to this goal, I have been working on creating a business plan or two (or ten) for some businesses that I'm in the process of starting. As I've been working on this, I started thinking. . .what DO investors look for when they look for a business?


I decided to do some investigating. I put the phrase "what do angel investors look for in a business plan" in the ol' Google box, and I came up with about a million or more different links. The first one I followed was called SA Angel Investors Blog (http://angelinvestorsa.blogspot.com/) by Ben Botes. I did some research on Mr. Botes. His background (pulled from his LinkedIn profile) is as follows:


"I am a management consultant, executive coach and one of the UK's new leading thinkers on personal and team transformation and change. My specialisms are leadership development, individual and organisational learning, business innovation, culture change, and team dynamics. I hold Master degrees in Psychology and Business Administration as well as qualifications in coaching and mentoring." (LinkedIn, 2012)

Mr. Botes is from the United Kingdom, and currently has a book for sale on Amazon.com called Release your Inner Entrepreneur.

Another person I found when looking up what investors look for was Susan Ward. Susan is the co-founder of Cypress Technologies in British Columbia. This firm specializes in Information Technology Consulting. Susan has also been a writer on the subject of small business since the 1990s. She holds advanced degrees in business from the University of British Columbia and has taught Business  Education and English for a number of years. I found Susan on About.com in a section called Small Business: Canada (About.com, 2012).

In looking at the key elements that investors want, a BUSINESS PLAN has been identified across the board. Investors want to know that they are getting a return on their money, so they want to invest in a business that has a good, sound business plan. Another key element that an angel investor expects the business to have is a sound management team (Ward, 2012). An angel investor is, most likely, not going to waste their time on a group of people who don't know what they're doing. They want to see that the business they are going to give their money to has the skills to bring the business to the "next level."(Ward, 2012). According to both Ward (2012) and Botes (2009), Angel investors want to have a business where they can be actively involved. As Botes stated, most entrepreneurs do not realize how involved an angel investor will be with their business. They want to know that their money is working for the entrepreneur, but also for themselves, as they will have a stake in the company (Botes, 2009). 

These are only a few of the key things that two investing "experts" have stated are necessary to secure funding for a business from an angel investor. I am going to be doing more research into this over the course of the next little while (not sure how long of a time I may need to do this, but I'm going to devote time to it), and I will let you know just how I'm coming along with securing monies for the projects I have on my plate currently.

Have a great Easter holiday next Sunday gang!

SEE YA!

References

Botes, B. (2009). Angel Finance: An Entrepreneur's Guide.
     Retrieved from: http://angelinvestorsa.blogspot.com/2009/09/angel-finance-entrepreneurs-guide.html

Botes, B. (2012). Ben Botes LinkedIn Profile.
     Retrieved from: http://www.linkedin.com/profile/view?id=687858

Ward, S. (2012). Attracting Angel Investors: 7 Tips for Persuading Angel Investors to Invest your Business.
     Retrieved from: http://sbinfocanada.about.com/od/financing/a/angelinvestor.htm

About.com. (2012). Biography of Susan Ward.
     Retrieved from: http://sbinfocanada.about.com/bio/Susan-Ward-6453.htm

Sunday, March 18, 2012

Digital Marketing, Traditional Marketing. . .I'm working on learning Greek!

Hey gang,

Chris French here from Modern Midwest Entertainment.

You know, for the last few weeks, I've been taking a class on digital marketing. I have been working diligently to learn SEO, Key Performance Indicators, conversion rates and such, and I must say, it sometimes makes me feel like a dunderhead. I am, by no means, an unintelligent person. This is just something that is RADICALLY new to me. It's an amazing thing to learn things that I had only a slight inkling about just a few months ago.

Traditional marketing, via print, radio, television and the like, isn't the easiest thing to do. You have to have money to create the ads (except in my case, I can do radio ads for my businesses for free, as I have a VO studio and production capability in my house), in a lot of cases, you have to know the exact bullet points you want before you get an ad out there, and then, especially in television, your ad could be played back to back with your direct competitor's ad! On an interesting side note, radio stations are directed by the FCC NOT to play two ads back to back showcasing the same service or goods. Interesting, hm?

 Digital marketing, on the other hand, IS easy and inexpensive to do, IF you know the ins and outs of it. One of the big things to digital marketing is to know the keywords and anchors to use in order to get your website or blog to the first page in the search results on the major search engines. This is where SEO comes in. I'm still learning about SEO, and I'm still a bit confused about it, but I know that, eventually, I'll get it. Another thing about digital marketing that is making a big splash for marketers is social media! As you may or may not have noticed, I have added Twitter, RSS and E-mail subscription buttons on my blog here. That means you can follow me on Twitter, subscribe to my blog via E-mail, or just put it into your favorite RSS reader so you can read me at any time! Pretty cool huh?! I thought so too! Of course, you can find out more about me in the About me section of this blog, but why not click on the LinkedIn link on the side here? I don't have a Facebook widget yet, but then again, I don't have a Facebook page for MMWE or Chris French VoiceWorks either. I only have my personal Facebook page, which is for friends, family and people I've met through professional wrestling.

Well, gang, there you have it. A brief take by me about the world of marketing, both traditional and digital. I hope that you've at least learned something from this blog, and I can't wait to learn more about this myself!

SEE YA!

Sunday, March 4, 2012

SE-OH GEEZ!

Hey gang,

Chris French here from Modern Midwest Entertainment. Over the course of the last six years or so, I've been tinkering around on the Internet, trying to learn one thing in particular, SEO. Search Engine Optimization is a major key in what drives traffic to a website. I have been working on figuring this out. As you all know, I've been working on the Master's Degree in Entertainment Business thru Full Sail University for nearly the last year. Right now, I have started a class in Digital Marketing. I'm raising my arms to the heavens and saying "HALLELUJAH"!

The process of Search Engine Optimization is not a quick one. As I said before, I've been trying to figure it out for the last six years. I know it's mostly a matter of learning it, but, if you're like me, you don't have all the time in the world to read up on every little thing there is to know about SEO. Trying to juggle life along with work, family and everything else I do, it's been hard to learn SEO, keywords and the like. Over the course of the next few weeks, however, I am hoping that I will FINALLY have a working knowledge of what I can do to build up traffic and bring more people to this blog.

I am truly excited about this. I have recently added Google Analytics to this site, so I can have a better idea of traffic that comes to the site. Now I need to figure out some good keywords that I can use to bring folks in. I was thinking about the words of the title, Modern Midwest Entertainment. Those would be the most obvious choices, but I know there are a lot of other words that would work just as well to bring people into this blog. Those of you that are already readers of this blog, if you have the time, are free to make suggestions as well! Let me know. Well gang, I have to get back to the salt mines, and figure this stuff out!! I hope you all have as much luck figuring SEO out as I'm going to!

SEE YA!

Sunday, February 19, 2012

Ever Want to Get Your Own Music Out?

Hey gang,

Chris French here from Modern Midwest Entertainment. Over the last months, I've been taking classes in Entertainment Business through Full Sail University's Online Campus. I have learned an extraordinary amount of information and skills that I did not have before. Two things that have been dreams of mine is to start a record label and to have my own successful entertainment company. A few years ago, I bought two books that I thought might help me. Recently, I dusted off those books again. I'm going to tell you a little bit about them.

The first book I'm going to talk a bit about is Start and Run Your Own Record Label (1998) by Daylle Deanna Schwartz. This book is a very well put together compendium of what to do to put together a record label from the ground up. The only problem I find with this book, at present, is that it was published in 1998. Unless there has been edition updates since the first printing, some of the information in the book is out of date. In this particular book, there is no mention of social media, as social media did not exist in 1998. Most of the book, however, is a very straight forward compendium of what to do to get started on whatever budget you have. Chapters such as Setting Up Your Business, Financing Your Business, Getting Your Legal Affairs in Order, and Preparing to Market and Promote Your Product, are all very straight forward and to the point. Ms Schwartz also uses industry insiders to give real world examples of what can and does happen in the music industry.

The second book, How to Make and Sell Your Own Recording: 5th Edition (1999), written by Diane Sward Rapaport, deals with the independent music scene, and getting started the way most bands do: on their own. Like Schwartz's book, this book also covers business set up and financing. Unlike Schwartz's book, however, this book covers the technical aspects of recording a song, such as equipment specifications, recording options, and the graphic design used for the album. Another good chapter of this particular book covers the IP of the music, along with using public domain and copyright infringement.

I know I have only scratched the surface of what these two books are, but I would personally recommend these two books to anyone that is looking to get into the music industry. I am going to use these books myself, along with all the other resources I have, in order to make myself successful in this business we call entertainment. Until next time gang,

SEE YA!

References:

Rapaport, D. S. (1999). How to Make and Sell Your Own Recording (5th Ed.).  Upper Saddle River, NJ: Prentice-Hall.

Schwartz, D. D. (1998). Start and Run Your Own Record Label. New York, NY: Billboard Books.

Friday, February 17, 2012

Writing: Stress Relief or Stress Inducer?

Hi again gang!

Chris French here from Modern Midwest Entertainment! Now, you're probably looking at the title of this post and thinking to yourself, "What does he mean by THAT?" Well, let me tell you. For the last decade or so, I have started various writing projects, only to put them on the shelf. After a few years, I'll dust them off, take a gander at them and start working on them again, only to put them back on the shelf AGAIN! Each time I take those projects off the shelf and start working on them, I feel a bit stressed. It doesn't come from the creation process, because I LOVE creating new and exciting stuff. It comes from the thought of starting, only to once again stop. I would love to have a published novel on the shelf, but at this rate, it won't happen until I'm dead. . .or even later.

Over the course of the past few weeks, I've been taking a class on Media Publishing and Distribution. I have found a rather renewed interest in all the ideas floating around in my head! I never realized (nor did I look into) all the ways I could get my material out to the masses! Even though I'm going to write under a pen name (don't ask, I'm not telling), I will finally be able to realize one of my dreams, that of becoming a published author!

Some of the resources that I plan on putting to use in this quest (albeit, a side quest to everything else I'm currently doing), will include self-publishing with either Trafford Publishing or Tate Publishing. I am going to utilize an English major at one of the local colleges near here to proofread my work. I will also contact a few literary agents to see if they may see potential in my work. I am quite excited about the possibility of getting one of the ideas from inside my head out on paper. I have a lot of work to do to get there, but I'm up to the challenge! Well, gang, see you on the back covers!

SEE YA!

Sunday, January 29, 2012

Talking Entertainment Law with a Lawyer

Hi Gang,

Chris French here from Modern Midwest Entertainment! Last Tuesday, I had the opportunity to have a sit down chat with an attorney regarding Entertainment and IP law. Being fairly new to the world of IP, I found the chat fascinating! I knew a few things about working with IP, but I got a bit of an eye opener as to just how complex registering and protecting IP can be.

Matt Kendall is an associate attorney for the law firm of Gardner, Linn, Burkhart and Flory LLP. This law firm, located in Grand Rapids, Michigan, specializes in IP, Trademark and patent law.  It was a real eye opener for me to talk with Mr. Kendall. Learning a bit about him and about IP and patent law was one of the highlights of my week this week!

The following is the jist of our conversation on Tuesday night, the questions I asked and the paraphrase of Mr. Kendall's answers. I hope you get as much out of this as I did with talking to Mr. Kendall.


What got you interested in IP Law?

He became aware of IP Law through the father of a friend who was a patent lawyer, when he was in high school. He went to school for engineering and worked as an engineer for a few years. After working for a large corporation, he decided to shift focus and become a patent and IP Law.

What does the day of an IP Attorney consist of?

Either working on preparing a trademark registration or a patent application, or working on an opinion for a client about patent, trademark or copyright rights. Phone calls with clients working on meeting goals and thinking about other possibilities that may affect their marks, etc. Sending out letters to client about docutments and keeping clients informed. Filling documents with the Patent and Trade office. Discussing cases with the other attorneys.

What is the most interesting thing about being an IP Attorney?

It is the ability to work on a broad range of technologies, art, music, trade-mark matters. He enjoys the variety. Works on patents and trademarks for many types of various goods and services.

What is the hardest thing about being an IP Attorney?

“Not screwing up.”  In the beginning he was very fearful of this. There are a lot of things that you can do that can muck things up but things are fixable. The most difficult part on a week to week basis is managing client’s reasonable expectations for the success of their applications. People have a lot of misconceptions on patents and trademarks, especially if they’ve never been through the process. It’s a balancing act in being TOO optimistic to not optimistic enough. Figuring out what the client’s goals are. Also getting clients to do their due diligence when they are new at IP is difficult. Spending 2 or 3 thousand dollars upfront at the start up of a business is difficult but it is worth it when you can end up saving tens or hundreds of thousands of dollars in the long run.

What is the most difficult form of IP to deal with, in your opinion?

Copyright is the most difficult. The basic rules are easy enough to master, the problem is there are so many exceptions, exceptions to exceptions, and so many fuzzy lines as to what is infringement. Basic questions even require a lot of research. There have been so many legislations passed to get certain things excepted that everything is vague and requires a LOT of research. Even the nature of the question can ilicit a fuzzy answer. It’s very difficult to be definitive in copyright law. It takes more effort to get to a reasonable answer to people’s questions. Detailed questions are trickier and a bit more difficult to answer.

If you have two different clients submitting nearly identical IP, such as a logo or a slogan, how do you work it to the advantage of both clients?

Typically they wouldn’t. Either the logo or slogan might be intended for use in a similar good or service, it would be a conflict. You can’t represent both clients, the conflict of interest would have to be cleared. If the logo or slogan were in different goods or services, there would be no conflict.

Having a background in Mechanical Engineering, do you find it difficult to work with IP of a non-tangible nature, such as logos, etc.?

No, not at all. It is different in the patent side of things, he's perfectly comfortable working in the aerospace and computer software and mechanical applications. As long as things are not complex, biotech he won’t touch, he will be able to handle them. If it’s outside of the scope of what he know, he will ask another attorney or pass it off to another attorney.

What advice would you give to someone who is starting a new business and wants to avoid a lawsuit based off of IP?

Reserve some starting capital for trademark and patent searching, make sure everything is there early on. It may cost a couple thousand dollars early on, but it will save you so much later on. If you have parters, you may all get along early on, but it’s very good to have proper agreements in place between the partners so as not to add cost. Spend the money using clearance searches, so you are free to develop that trademark or technology, so that way you also know who the other players are and you will not be infringing on other people’s work. Due diligence is majorly important. People don’t want to do it because they’re investing very little money in making things go.

The best thing to do for copyrighting is to file a copyright registration. Filing fee is 35.00 and nobody can argue with a copyright registration date. I believe there is a section on copyright.gov that deals with this issue.

Copyright registration allows you to bring forth litigation, allows for less costly litigation, and allows you to seek damages if you have the registration filed before the infringement.

There you have it gang. Hope you've enjoyed reading this as much as I enjoyed creating it!

SEEYA!

Sunday, January 8, 2012

Even in Entertainment, the LAW is the LAW!

Hi gang,

Chris French here from Modern Midwest Entertainment! First of all, welcome to 2012! Secondly, I hope the year heats up well for you. As for me, the year is already heating up. I'm on the downward slope with my classes at Full Sail University, so, I'm getting more excited by the day! Now that you have the little update with me, let's get down to business, shall we? We shall!

A lot of people in the general public don't think about this, but in the Entertainment Industry, a LOT of what goes on behind the scenes goes hand in hand with the law. Legal issues have abounded in the the Entertainment Industry even before there WAS a modern entertainment industry. Remember John Wilkes Booth? Now you're probably asking what the assassin of Abraham Lincoln, our 16th President, has to do with anything. Well, let me refresh your memory. Booth was, in the 1860s, comparable to, say, Johnny Depp in today's society. Booth was one of the preeminent actors of his day! He was a celebrity. Booth's father, Junius, and brother, Edwin, were also celebrities as actors. John Wilkes Booth is a major example of 19th century entertainment industry legal trouble: An entertainment figure doing something INCREDIBLY wrong and getting in legal trouble for it.

Now let's turn our focus from the 19th century to the 21st century. The entertainment industry is flourishing, and so are the legal issues within it. Let's take a look at a few of the issues that were prevalent in 2011, and my take on them.

According to an article I read on Law360.com entitled Top 10 Trademark Events in 2011, Betty Boop became a focal point of the US 9th Circuit Court of Appeals treading into dangerous trademark waters by dismissing a trademark infringement case against A.V.E.L.A, INC., stating that it's use of Betty Boop's image on it's handbags and T-shirts constitutes "aesthetic functionality. . .Betty Boop. . .did not serve as a trademark because it was the very thing that made the handbags and t-shirts desirable" (Golla and Johnston, 2012).

The Motion Picture Association of America, INTA and companies that license sports and collegiate logos all filed amicus briefs in a motion for rehearing. The 9th Circuit Court issued another opinion that made no mention of the Betty Boop aesthetic functionality (Golla and Johnston, 2012).

As I was reading this, I was rather amazed that the court would take a legally trademarked character like Betty Boop (who is recognized by GENERATIONS of people), and basically dis the original trademark holder like that. I know the court later issued the opinion without the mention of aesthetic functionality, BUT, it worries me that any court would be able to find AGAINST a holder of a legal trademark through the USPTO. I'm going to keep an eye on this one, because this could affect me, Modern Midwest Entertainment, and everyone that is working on a trademark now, and in the future.

Another issue I found whilst trolling the World Wide Web was the case of John Ferriter. Ferriter was a talent agent and partner at William Morris Endeavor talent agency. He was the only partner to vote against the 2009 merger between William Morris and Endeavor. He sued WME for 25 million dollars on the basis of his feeling that he was "marginalized at the agency and eventually forced out". William Morris Endeavor settled this case out of court at the end of 2011. (Belloni, 2012).

I looked up more about John Ferriter. According to his biography at www.octagon.com, Ferriter has "expanded the careers of" the likes of Dr. Drew Pinsky, Ryan Seacrest, Larry King and Donnie and Marie Osmond. (Octagon.com, 2012)

I have heard of this kind of thing before. A senior executive of a company goes against what the company wants and eventually gets forced out of the company. This is nothing new in the world of big business. I guess this holds true for the entertainment industry as well. I find it to be sad that a dissenting voice in most of these cases has to be silenced. Isn't the voice of dissent supposed to be the voice of compromise and change? I understand that the economic times are difficult and a lot of companies feel that the "voices of dissent" are expendable, but it's often times the voices of dissent that come up with the newest and brightest ideas. Personally, I think that more companies need to listen to their "voices of dissent" instead of forcing them out. That's just my opinion.

Finally, the last issue I'm going to look at for now deals with the realm of dead celebrities. Not many celebrities can boast the following, even in death, the like of Jimi Hendrix, but his family is still working through litigation to be able to claim right to his image and IP, according to an article I read at ipandentertainmentlaw.com.

According to the article:

After losing a battle in 2005 to have Jimi Hendrix’s right of publicity protected by New York state law, where Hendrix lived at his death, Hendrix’s heirs worked to amend the Washington state right of publicity law.  Hendrix’s heirs sued under the newly amended law. In 2011 a trial judge held Washington’s Personality Rights Act, that allowed anyone to sue in Washington to enforce their rights regardless of where the lived when they died, was unconstitutional. The trial court's decision has been appealed to the Ninth Circuit. (ipandentertainmentlaw.com, 2011.)


In this same article, it was mentioned that the family of John Dillinger (yes, the famous gangster from the 1920s), was unable to claim his name and likeness, because Indiana, where he was from, had no law protecting IP at the time of Dillinger's death in Chicago. (ipandentertainmentlaw.com, 2011).


I am unsure of how many states have personal publicity laws out of the 50 states, but I think it would be better if there were a federal law in place that would cover the entire country. It would be standardized that way and really cut down on the confusion between individual states. I am not sure if a person has the right to will their own IP while they're still living, but I also think that an image conscious celeb might give that some thought. . .as a matter of fact, I'm going to look into that. I think that might be a good idea for anyone that I work with through MMWE. . .Sounds like an idea to me.


Well gang, I've rambled on enough about the laws and things that have interested me for one night. I hope that you enjoy the read, and I really hope that you have learned something in my ramblings. For further information, I have included references below.


Until next time,


SEE YA!


References

Belloni, M. (2012). WME Settles Litigation with Former Agent John Ferriter. 
       Retrieved from: http://www.hollywoodreporter.com/thr-esq/wme-lawsuit-agent-john-ferriter-279133

ipandentertainmentlaw.com. (2011). Right of Publicity - 2011 in Review.
     Retrieved from: http://ipandentertainmentlaw.wordpress.com/2011/12/06/right-of-publicity-2011-in-review/

Golla, G. & Johnston, S.W. (2012). Top 10 Trademark Events of 2011.
        Retrieved from: http://www.law360.com/media/articles/296831/top-10-trademark-events-of-2011

Octagon.com. (n.d.). John Ferriter Biography.
        Retrieved from: http://www.octagon.com/AboutUs/110