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 18, 2012
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!
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.
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!
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.
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?
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!
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
Sunday, December 11, 2011
Let's Go to a Holiday Show!
Ho ho ho gang!
Chris French here from Modern Midwest Entertainment! The holidays are upon us! Are you ready for them?! Recently, I was involved in setting up a show for Robin Williams at the State Theater in Kalamazoo, MI (it was for a class I'm taking). While I was working on that project, I got to thinking, "If this is such the logistical headache and it's scheduled for March, how big of a headache would a Christmastime show be?!"
I tried to do some research on that subject, but I kept finding companies that were selling talent for nominal prices for holiday get togethers. Now I know that big name talent DOES perform during the holiday season, I mean, look at Dick Clark's New Years Rockin' Eve! Big name talent ABOUNDS during that show and it's only the week after Christmas.
I went to several websites of known performers and found that some only play shows in the beginning of December, and not much past the 15th of the month. Metallica for example, played their last show of their current world tour last night (December 10th) at the Fillmore in San Francisco. Lady Antebellum actually plays their last show of the year on December 18 at WVU Coliseum in Morgantown, WV. Meanwhile, comedian Craig Shoemaker is playing shows near his Sherman Oaks, CA home, all the way up until December 23rd. He's then making appearances still in California through out the week after Christmas.
So. . .my fine friends, whatever your holiday plans, where ever you may be, get your butt out of the house, and get to your local venue and see some great entertainment before the end of the year! You deserve a present too!
MERRY CHRISTMAS to all of you, and a HAPPY NEW YEAR too!
SEE YA in 2012!!
Chris
Chris French here from Modern Midwest Entertainment! The holidays are upon us! Are you ready for them?! Recently, I was involved in setting up a show for Robin Williams at the State Theater in Kalamazoo, MI (it was for a class I'm taking). While I was working on that project, I got to thinking, "If this is such the logistical headache and it's scheduled for March, how big of a headache would a Christmastime show be?!"
I tried to do some research on that subject, but I kept finding companies that were selling talent for nominal prices for holiday get togethers. Now I know that big name talent DOES perform during the holiday season, I mean, look at Dick Clark's New Years Rockin' Eve! Big name talent ABOUNDS during that show and it's only the week after Christmas.
I went to several websites of known performers and found that some only play shows in the beginning of December, and not much past the 15th of the month. Metallica for example, played their last show of their current world tour last night (December 10th) at the Fillmore in San Francisco. Lady Antebellum actually plays their last show of the year on December 18 at WVU Coliseum in Morgantown, WV. Meanwhile, comedian Craig Shoemaker is playing shows near his Sherman Oaks, CA home, all the way up until December 23rd. He's then making appearances still in California through out the week after Christmas.
So. . .my fine friends, whatever your holiday plans, where ever you may be, get your butt out of the house, and get to your local venue and see some great entertainment before the end of the year! You deserve a present too!
MERRY CHRISTMAS to all of you, and a HAPPY NEW YEAR too!
SEE YA in 2012!!
Chris
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