From Marilyn Monroe, to Rebecca Black, to Lord Voldemort

When it comes to the entertainment industry, the scandals and battles are rarely about entertainment. Like almost every other industry or situation, it’s always about money. From Intellectual Property (IP) of Marilyn Monroe, to Rebecca Black’s copyrights to her single “Friday”, and even the Voldemort & Poppins licensing for the epic showdown at the London 2012 Olympics; it’s all about who gets the money, and who’s to be paid.

When it comes to an iconic figure such as Marilyn Monroe you would think that the use of her image is up for the public because, how can you copyright a person…when it’s deceased? Well, the company Digicon thinks it is entitled to, not only use her image but also put her to perform. You see, Digicom created the VM2 (Virtual Marilyn) and plans to use it to put on a concert. Just like Tupac Shakur performed at Coachella this year. However, Marilyn Monroe Estate is not too happy about the situation. They claim that Digicom use of the technology is an infringement to copyright and trademark laws, even though Digicom had licensed the rights 15 years before. The Estates position is that the rights of usage of imagery and name could be possible as long as it differentiate it from the actual Marilyn Monroe and it did not confuse the public. And by utilizing it to “act and model” which was Monroe’s actual careers, it would lead to public confusion.

I can’t speak for the general public but I for one will not be confused with a hologram of a long deceased movie actress. I think Marilyn Monroe’s Estate is looking to prevent the use because it would lead to a substantial gain to Digicom (of which they wouldn’t get anything). They could very well, license it later to another company and state that they get royalties for the same use. Because this technology is so recent, cases as this one would have to be settled at court and establish a precedent, if they so choose to file a suit. However, to me it’s just a matter of a “bad play” the Estate made not thinking about the possibilities of VM2, and Digicom should be allowed to use their technology as they see fit.

Going from Hollywood royalty to the Nation’s favorite song to hate, “Friday” from Rebecca Black is no easy task. But Black’s mother made it easy by sending a letter to Ark Music Factory denouncing the copyright infringement she alleged they did, made it clear that this case wasn’t that far apart from VM2.

Back in fall of 2011, Black was introduced to Ark Music Factory. “Black’s mother, Georgina Kelly, reportedly paid the company $4,000 to record the song and produce the accompanying video for “Friday,” a song pre-written by Ark founders Patrice Wilson and Clarence Jey.” (Moss, A. 2011) This payment, however, only covered a fraction of the costs involved in this single. 4k can’t get you really far as far as music and video producing in L.A. Nevertheless, Black’s mother alleged “that Ark failed to provide Black with the master recordings of her song and video […], has been exploiting her likeness […] without permission, has falsely claimed she is exclusively signed to Ark, and created an unauthorized “Friday” ringtone.” (Moss, A. 2011) Ark’s response? They quickly said, that the mother would receive the material, quoting “they can have it all”. However, Ark’s lawyers are question the validity of their initial agreement, and they are currently trying to see if, in fact, Black is entitled to the song recording rights. If she is or she’s not this could mean a great deal of money mainly from digital downloads will be owed to the other. If they were to enter the legal battle, chances are the costs for it would be higher than the actual profit from the song. So, different from VM2’s case I don’t think one or the other is right or wrong. They should be smart enough to get to an agreement before the America starts to hate a new song, and “Friday” will monetize no more.

From Hollywood royalty, to America’s most hated song, to… battling nannies and wizards? If you tuned in to see the opening ceremony for the London 2012 Olympics you may have noticed the fact that Mary Poppins had a duel with Lord Voldemort. And when you hear cases like VM2 and Rebecca Black’s “Friday”, you start to think, how was this possible? Are there copyrights or trademarks for fictional characters? Well, the answer is yes. The more important question is, how did Danny Boyle handle all the licensing?

Dealing with fictional characters is very different from an artist, to say the least. As we know, copyright law protects the material where these characters appear, but not necessarily the characters themselves. For a character to be copyrighted Dan Nabel explains that, “In order to achieve trademark protection, a fictional character must function in the minds of the public as a “source identifier,” such that if someone other than the trademark owner used the character, there would be a likelihood of consumer confusion.” Here’s the point where Digicom and the Black family have to take notice, even though they’re dealing with music and imagery. Boyle managed to take on a whole production seen around the world with an array of artists, characters, imagery, etc. that complied with the requirements of the law and the IOC (International Olympics Committee). What usually works, and this is no industry secret, is to do things on time and contact the correct people. For example, in Voldemort’s case there’s two licenses you could request, the Voldemort created for the movies from Warner Brother, or the Voldemort depicted in the books from J.K. Rowling. This event was to highlight the work created by brits, so they licensed the Voldemort from Rowling. The opening ceremony for the London 2012 Olympics is an example of how a production of such magnitude can take place with all their paperwork in order, and if they could do I believe Rebecca Black can straighten out a contract and Digicom can resolve their issues with VM2.

They key learning from all three cases is that licensing is a must in every case. The best advice anyone could give is to trying to always state their negotiations in writing and consider every last detail, from licensing to most importantly the handling of profits. Have that contract signed by both parts, and if necessary, notarize it. When it comes down to it, Marilyn’s Estate is only looking for a way to cash in in VM2, Black’s mother is upset about money from different sources not getting to them, and thankfully Boyle paid the respective license owner their due fee. Like I said, it’s almost never about the entertainment. It’s about the money.

Sources:

Nabel B. (2012). IP Lawyers are Collateral Damage When Mary Poppins Battles He-Who-Shall-Not-Be-Named at London’s Olympic Games. Law Law Land Blog. Retrieved from: http://www.lawlawlandblog.com/2012/07/ip-lawyers-are-collateral-damage-when-mary-poppins-battles-he-who-shall-not-be-named-at-londons-olympic-games.html#more-2248

Gardner, E. (2012). Marilyn Monroe Estate Threatens Legal Action Over Hologram. Hollywood Reporter. Retrieved from: http://www.hollywoodreporter.com/thr-esq/marilyn-monroe-estate-hologram-legal-334817

Moss, A. (2011). Rebecca Black 'Friday' Controversy: A Serious Legal Analysis. Hollywood Reporter. Retrieved from: http://www.hollywoodreporter.com/thr-esq/rebecca-black-friday-controversy-a-175069 

Direct Line to Artists: The Fans, The Viewers and The Followers

It goes without saying that we are living in a social-media-ruled world. With the titans being Facebook, Twitter, and Youtube. Social media is a way for us to connect with friends, and even meet new people. So why shouldn’t artists do the same with it? Having a fan/viewer/follower (whatever you want to call it) these days is like having their address and phone number. It’s a way they can reach people on a personal level, with the advantage that they chose to be reached by the artist. They didn’t have to fill out a form, or even send in their application. They just hit they “Like”, “Follow”, or “Subscribe” button. It’s that easy! But here comes the interesting part, because social media is so personal (for both parts) is it an advantage for an artist to have 24/7 connection with the world? Aren’t they already followed by the paparazzi enough? Well, let’s get into that.

Troy Carter, Founder, Chairman and CEO of Coalition Media Group, and manager of recording artists such as Lady Gaga, believes social media is a must for an artist these days. In some cases though, artists may not be tech savvy but he says that they should at least know how to tweet. Why tweet? It’s the easiest. Carter goes on to say that social media for an artist is just as important as touring was 20 years ago. It’s a way to build audience. The trick to having a real connection with their fans, that’s why it’s important for the artist to manage these accounts themselves.

What we’re seeing recently is that Facebook and Youtube are becoming “team managed” accounts, leaving Twitter to be managed by the artists themselves. Like I mentioned before, Twitter is easy to use and it offers the advantage of not being as personal as Facebook. In Facebook, your fans can post or tag you in countless posts and your wall content becomes those of fans. However, in Twitter your timeline is your timeline. Fans can tag you using the “@” but this doesn’t appear on your timeline unless you decide to reply to them. In any case, fans have chosen to follow the artist and they do it because they want to know more about them. Whether a fan is next door or on the other side of the world, they both are going to feel connected to the artist. That’s something that they couldn’t do before with other types of media, or anything a paparazzi can photograph or a magazine can achieve with its publishing’s. It’s the artist voice the fans want to hear.

Social media is a global platform, it can be accessed from anywhere by anyone. That’s a great platform for artists who want to build their fan base, but they must not rest on that alone. Going back to something Troy Carter said, he stated that the worst thing for an artist is to have people know their name from a massive outlet. IT gives them no ownership, it doesn’t create that special connection between art and fan. That’s why social media is a great tool for artists but they have to put in the work to go out and perform. It should be used as a means to connect with the “ARTist”, and for the artist to keep true to their fans. 


Source

The Fourth Kardashian Sister

Surely you know who the Kardashians are, right? Even if you don’t know them by name, you recognize them. Here:

Yes, them. With Kim (far right) being the #7 in the 100 Most Powerful Celebrities according to Forbes, and also the top of the Overexposed Celebrities list. You can’t help but ask yourself…why are they famous? Well, some say the Kardashians had their claim to fame when second oldest, Kim (daughter of Robert Kardashian, the lawyer who represented OJ Simpson in the murder trial) made a sex tape with the rapper Ray J (or Brandy’s little brother if you must). Others say it’s because E! (and Ryan Seacrest, executive producer) shoved their show “Keeping up with the Karshiands” down America’s throat like it was nobody’s business. But I like to think it was something more than that, or rather someone. May I introduce the fourth Kardashian sister (or their mother), Kris Jenner:

Her last name may be Jenner, but that’s only a technicality. Kris is full-on Kardashian. She has transformed herself from “mom” into the quintessential “momager”, and she’s doing everything right. With the success of “Keeping up with the Kardashians”, Kris has gone on to produce several spinoffs like: “Kourtney and Klhoe take Miami”, “Kourtney and Kim take New York”, and “Klhoe and Lamar”. She is the president of her own production company, Jenner Communications, and the manager of all of her family’s careers. Kris has her own QVC collection, along with the Kardashian Collection for Sears, and the K-Dash line. Oh, and did I mention she’s an author? She wrote a memoir titled “Kris Jenner…And All Things Kardashian”. She, as Bruce Jenner said on the show, is a “marketing machine”.

Kris Jenner is undoubtedly the reason behind the success of the Kardashian Klan. Her time and attention paid to her artist reflects directly on the achievements of her family, and of course their bank accounts. When a reporter for Forbes asked her, how she decides which are the best opportunities for their brand she said, “When you love something that much it comes really easily – it’s just a natural. If something doesn’t feel good and it’s a struggle and it’s just something that we don’t like, then it wouldn’t be anything we could put our name on.” She also accounts Social Media as one of the tools she and her family uses to help grow the business by staying in touch with the fans and self-promoting. Kris Jenner lives and breathes Kardashian, and her success is mostly due to her attachment to the brand. That was her trick, she didn’t treat it as a family venture, she saw it as a brand venture and as a manager she sees the opportunites and takes them. If not, she makes them.

She has been known to be a tough negotiator and fighting to have her brand (family) on the media as much as possible. On her interview with Forbes, Kris mentions something that is really relevant in a manager’s life that people tend to look past. She said that in order to keep it all under control you need to be a well-organized multi-tasker. Being an artist manager is not a 9 to 5 job, nor does it have the simple “in” and “out” basket where you have your tasks in order. Everything is happening at once, and everyone wants your attention at the same time. You definitely have to be organized and able to manage various tasks simultaneously.

She gave on last piece of advice that I think holds true for everyone in the rough-n-tough entertainment industry. “When you love what you’re doing, it shows in the outcome.” Kris Jenner. So here’s to the fourth Kardashian sister, and may we learn from her.

Sources:

·      Schawbel, D. (2012). Kris Jenner on Building the Kardashian Family Brand. Forbes. Taken from: http://www.forbes.com/sites/danschawbel/2012/01/17/kris-jenner-on-building-the-kardashian-family-brand/2/

·      Pomerantz, D. (2012). Kim Kardashian Tops Our List of the Most Overexposed Celebrities. Forbes. Taken from: http://www.forbes.com/sites/dorothypomerantz/2012/03/29/kim-kardashian-tops-our-list-of-the-most-overexposed-celebrities/

·      The Celebrity List. (2012). The World’s Most Powerful Celebrities. Forbes. Taken from: http://www.forbes.com/celebrities/list/

DEALing With Musicals

When people think of musicals they usually think of happy tunes and cheerful chorus lines. Well, that’s true, unless your doing Spring Awakening or Sweeny Todd...then you won’t see a lot of cheer. Even when they think of the production of a musical they don’t realize that it brings together so many people from so many different fields that the negotiations that take place on a musical challenge those of Wall Street.

From the rights and scripts, to the artist and technicians, negotiations are being made until that final curtain closes…and Miguel Rosa knows this too well.

Miguel Rosa is a renowned theater producer in Puerto Rico, who has put on stage productions like: Rent, Spring Awakening, Nine, and Aida, among others. Rosa started on the entertainment business in 2002 where he did his first production, which he choreographed, directed, designed and even participated. It was a small musical revue honoring the best of Broadway. From there on, he decided this was what he wanted to pursue as a professional, doing scenic design for the vast majority of plays in the island, and producing as well as directing musical theatre in it. But there’s a key element when producing musical theatre. No, not the theatre part…the music!

Rightfully so, the music (or rather musicians) are the toughest deals a producer has to negotiate, as Rosa points out. “They are an essential element to musicals and their work is often costly but can't be substituted. So you have to come to a good deal with your music director and musicians.” And he goes by the “mutual benefit” belief, stating that you have to try and find what's best for both parts. He goes on to explain how you can't put a price on anyone's work but you can always find ways to come to come to an agreement that's beneficial for both parties. That’s because when you’re producing musical you are at the disadvantage, because you need their services, but they don’t necessarily need your production. Nevertheless, Rosa has found a way to best conduct his negotiations and that by never setting the numbers himself, he always let others throw the numbers first and from then on, begin negotiating without losing track of the budget.

Often times, working in the entertainment industry you tend to develop personal relationships with the people you work with and so, negotiations can be affected. For Rosa, it’s about emotions; something he believes should not be mixed up with business, even if it’s for one’s benefit. “It's always very important to leave emotions outside of business. They turn business into something personal. For me it's sometimes hard to do since most of the people I work with are not only my colleagues but also my friends. When we sit in the negotiation table we look for the best interests of the production knowing that whether we like a decision or not it has nothing to do with us.”

However, good negotiation skills can’t guarantee a putting on stage a production. You may have the best deals made, but you need to have the funds to back those deals up. A good musical requires the best choreographer, director, vocal coach, music director, cast, and crew. And they all require a good payment. Miguel Rosa advises by saying that, “If you don't have the budget secure it means you still need more time. Never jump on the adventure without securing your finances. BIG ONE!”

All the negotiation doesn’t end on the pre-production meeting, far from it. Once that curtain goes up, and the performances begin, all the troubleshooting starts as well. Technical things like microphones busting out and dealing with the technicians, negotiating with the box office every performance, among other situations, let’s you know that the negotiations in musical theatre (and for that matter, the entertainment industry) never end.

There is, however, something very rewarding in doing this type of work. Not everyone has the guts to pursue a career in this industry and Miguel Rosa, gives us one last piece of advice, “Never give up. This is the industry in which the quote "work your ass of" is an understatement. You GOT to sacrifice, commit and produce, the road isn’t easy but the satisfaction after you achieve what was set forth is worth every moment.”

Investing on your company’s voice

When starting up a business we need to take into account several expenses, such as space, equipment, and personnel, among others. But, how often do we include the company’s voice in the mix? We may very well have the most capable of businesses, with an amazing plan to drive sales and revenue for everyone involved but what does it matter if nobody know who are? Or for that matter what you can do, have been doing or open to do. For a company to be successful, it needs a good communications plan. So, add that to the list of expenses.

For the person that starts a business, that is his/her baby, it’s the most important thing in the world. Fact of the matter is that the world doesn’t seem to think the same way of the business. So why should anyone care about your business? Why should your potential clients choose you? You may have already answered those questions, but if you don’t have someone to channel communication or build your brand it may take twice as hard to thrive. And even more in the entertainment business.  

Regardless of the budget, a communications plan should always be included in a business plan. Often times, Advertising (the first option) is too expensive for a startup, but there is another option that is often overlooked but if managed correctly it can have amazing results. Here’s why Public Relations is the strong option:

• Power tool: Media coverage achieved through PR is likely to be more extensive than achieved through advertising, given a similar budget. Also, it is usually more credible than other forms of marketing communication.
• Cost effective: PR is often less expensive than other forms of paid communication such as advertising.
• It provides external counsel. After all, it is a consulting business.

Robert Kelly, an experienced PR specialist (working with clients such as: Pepsi, Texaco and The White House, among others), does an accurate depiction of what a good communications plan focused on public relations can bring to a company:

• Create, Change or Reinforce Opinion
• Reach, Persuade and Move-to-Action
• Gain and Hold Understanding and Acceptance
• Modify the Behavior, Achieve your Goal

And isn’t this what we want for our businesses? A good communications plan breaks through message clutter and results in an amazing ROI. However, it’s important to remember that it takes time, money and patience to put together a good communications plan. That’s why when contemplating business expenses you must include a fee for it. So, what now? Choose an agency (preferably Third Scene), and start working along side it to work towards a successful business.

Additional Reading

References:

Suriwiecki, J. (2009). Hanging Tough. Newyorker. Retrieved from: http://www.newyorker.com/talk/financial/2009/04/20/090420ta_talk_surowiecki?printable=true

Kelly, R. Is Your Public Relations Investment Paying Off? All about Public Relations. Retrieved from: http://www.aboutpublicrelations.net/uckelly3a.htm

Dealing With A Crisis

This week the Bumble Bee tuna cannery in Puerto Rico closed down after 50 years, leaving 181 people out on the streets. This, of course, was overshadowed by the news of UBS with two accounts of fraud by the Securities and Exchange Commission.

Crises happen often, what doesn’t happen that often are Financial Crises. I’ve had the opportunity to work closely with the Crisis Communications Plan for the close down of the Bumble Bee cannery. We had business reporters and bloggers wanting to know the financial facts of the situation, such as: number of employees that will be left without a job, reasons for leaving, recent financial statements, and how could this impact the economy on the Island. Now, I’m not the most knowledgeable person when it comes to finance so I had to treat it like a regular crisis management, which still left some inquirers, but it got the bases covered. The trick to manage a financial crisis is to be knowledgeable in both crisis management and finance. So, if you’re a wiz in the financial department, here are a few tips to better manage an unwanted situation.

First of all you have to be conscious of three points when an unexpected situations rises:

• Audience: identify if it’s a public or internal crisis, and which groups are affected the most.
• Timing: you must respond immediately. Leave no room for speculation.
• Content: the purpose is to quell, and if you can, reverse negative attitudes and behavior.

In any way that you can, it is recommendable to develop a Crisis Management Plan. I know what you’re thinking; if a crisis is an unexpected situation, how can you plan for it? Well, if you do a company risk analysis you can be aware of possible situations a better plan for them. In the case of Bumble Bee, they already knew the plant was going to close down and they made a plan that assessed the workers first and foremost, and an hour later the media outlets.

To better plan for a crisis there are five stages:

• Detection: watching for signs.
• Preparation: for a proactive or reactive response.
• Containment: limiting the duration of it.
• Recovery: the return to normal.
• Learning and Evaluation: to prevent or better deal with future crisis. 

Even when you have the stages figured out that doesn’t mean everything will go according to your plan. You may be asked to give an opinion on the matter, but if you were not planned to give statements you should never make one, and always direct that person to the indicated official. To prevent unwanted inquiries, and to better educate people on what’s happening, the most important tools are all the material you put out for your public’s reach. This means that special attention must be put to the written materials to be handed out.

Here are some strategies to keep in mind when writing for a crisis:

• Establish a clear position: you must determine a clear message to be carried out to all media and audiences. 
• Honesty is the best policy: it is not an option to lie.
• Work with your media friends: contact the reporters that have worked with your company and know it better.
• Make assets available: be prepared to hand out fact sheets, financial statements, backgrounders, among others.

Being aware of every aspect of the company and what people are saying in the news and blogs plays an important part on how you decide to manage a financial crisis. Work closely with your CFO, Accounting and HR departments to better handle the situation. When managing the closing of Bumble Bee we had the luck that representatives from Ikea were on the Island striking a deal to bring the chain to Puerto Rico. We have very sensationalist media…so the news just blew over in a day.

Sources:


Kantow, M. (May, 2012). Bumble Bee Closing Mayagüez Palnt After 40 Years, Leaving 200 Jobless. News Is My Business. Retrieved from: http://newsismybusiness.com/bumble-bee-closing-mayaguez-plant-after-40-years-leaving-200-jobless/


Kantow, M. (May, 2012).SEC Charges UBS P.R., 2 execs with fraud. News Is My Business. Retrieved from: http://newsismybusiness.com/sec-charges-ubs-p-r-2-execs-with-fraud/


Treadwell, D., & Treadwell, J. (2005). Public Relations Writing: Principles in Practice.California: SAGE Publications. 


Bernstein, J. (1996). The 10 Steps of Crisis Communication. Bernstein Crisis Management. Retrieved from: http://www.bernsteincrisismanagement.com/docs/the_10_steps_of_crisis_communications.html

Talking the Talk

When we talk about compelling or successful speakers we tend to think of this poised, charismatic, charming individuals; and rightfully so. However, being a successful speaker has a bit more to do than natural personality traits. It takes a lot a work. Speakers from TED, and my personal favorite, Anderson Cooper, know that while certain personality traits can make it easier to stand up and be a public speaker it also requires a lot of discipline and work.

                           

While watching Chip Kidd in his presentation about Book Design, and Anderson Cooper in a commencement speech at Tulane University you see the commonalities between great speakers. There are three points to be aware of:

• Knowledge of the material: this is the most crucial of all aspects. A speaker should never get in front of an audience without full knowledge of the material it is presenting. It can make the speaker stumble, not able to dwell on the topic, not able to answer any questions, among other scenarios. All in all, it makes the speaker less credible and the audience will not be interested. In his presentation, Kidd was talking about his experience as a book designer, the material was already known. While Cooper on the other hand was giving his opinion on this graduating class and the speech he gave was his own creation.
• Control over the audience: is a requirement of sorts. When a great speaker talks, its audience listens, when he/she makes a joke the audiences laughs, when he/she asks a reflective question the audience contemplates, and so on. The point being that a great speaker must always maintain control of the audience and guide them through the speech. Much like a teacher has the attention of students, a speaker must be able to develop a relationship with its audience. This can only be achieved with previous knowledge of who the audience is, in terms of demographic, psychographic, and what are their expectations. Both Kidd and Cooper had engagement and had their audiences wanting to know what was coming next. That’s the best a speaker can hope when giving a speech.
• Written speech: is basically the backbone of the whole shindig. With eloquence and charisma you can build upon it, but the written speech is the main point of the presentation. It’s the path to follow, not only for the speaker but also for the audience. The speech must be written in such a way that it guides the audience and digests the information without making it a “for Dummies” reading. The speaker must take into account that this information is only being heard and not read, so it’s about clear and concise messaging that also gives relevant information for the audience to take away.

 

If a speaker were to have these three points he/she is already on its way to become a great public speaker. Nevertheless, it must not underestimate the importance of charisma, transitions, distractions, conclusions, humor, etc. All the things that play a part in conversations and speeches, you can play with later. When you have the three main points down, its time to elevate the speech to great just as Chip Kidd and Anderson Cooper did.