Legal Liabilities in the Music Industry

           There are legal issues happening everyday and the music industry is not exception to the law. From illegal music sampling to illegal downloads there are many legal issues that artist, managers, publishers and record companies face each day. The following articles outline legal controversies that have happened more recently in the music industry. As I continue to work toward building my artist management company, I will learn from the mistakes that have been made and apply these lessons to my business.

            In the article, Music industry considers lawsuitagainst Google over piracy search results. This article discusses that the Recording Industry Association of American (RIAA) and the International Federation of the Phonographic Industry (IFPI), are privately considering an anti-trust lawsuit against Google (Couts). These organizations do not think that Google is doing enough work to stop sending traffic to piracy sites, like the Pirate Bay. The document against Google states, “Google continues to fail to prioritize legal music sites over illegal sites in search results, claiming that its algorithm for search results is based on the relevance of sites to consumers” (Couts). Illegal downloading is a never-ending process when one site gets shut down another opens. I imagine that is difficult for Google to keep up with all the sites being uploaded every hour of everyday.

            In the article, Pharrell Williams vs. Will.I.Am:What to Know About This Trademark Fight. The trademark feud was over whether or not Will.I.Am had the rights the term “I Am” as Pharell Williams attempts to register “I Am Other” (Gardner). William’s I Am Other Entertainment launched a lawsuit in federal court against William Adams and his I.Am. Symbolic company. The lawsuit seeks a declaratory judgment of trademark infringement (Gardner). Unfortunately for Will.I.Am, “The I AM formative is diluted in the music industry, and Defendants cannot prelude others from using the phrase especially when it is used in conjunction with additional, distinctive words” (Gardner). This article points out the importance on doing all your research when using words as trademarks and making sure it so 100% protected from other people being able to use similar words. 

            The article I will discuss also pertains to Will.I.Am and his group the Black Eyed Peas. In the article, Black Eyed PeasSued for Willful Copyright Infringement by Artists from Chicago and Texas. Two separate lawsuits filed recently again the Blacked Eyed Peas, their record label and publishers, including UMG Recordings and Interscope Records. There are two songs in the lawsuit “I Gotta Feeling” and “Boom Boom Pow” both songs are claimed to be owned by other people. “Both Complaints allege that the Defendants UMG Recordings, Interscope Records and members of the Black Eyed Peas engaged in a pattern and practice of international copyright infringement with respect to the unlawful copying of sings in unknown or lesser-known artists. It is public knowledge that there have been multiple copyright infringement cases or claims brought against the Black Eyed Peas within the last year” (Canfield). “A simple listening to the songs will expose them as having been copied and being ‘substantially similar’- the legal standard in copyright infringement cases” (Canfield). It is unfortunate that artist continue to make the same mistake over and over. The Black Eyed Peas could have prevented this lawsuit if they would have had sampling permission. A well know music group could help unknowns like the people filing this suit to get credit for their hard work.

References

Canfield, M. (2013). Black Eyed Peas Sued for Willful Copyright Infringement by Artists from Chicago and Texas. Retrieved August 9, 2013, from http://www.prnewswire.com/news-releases/black-eyed-peas-sued-for-willful-copyright-infringement-by-artists-from-chicago-and-texas-106137403.html

Couts, A. (2012). Music industry considers lawsuit against Google over piracy search results. Retrieved August 8, 2013, from http://www.digitaltrends.com/music/music-industry-considers-lawsuit-against-google-over-piracy-search-results/

Gardner, E. (2013). Pharrell Williams vs. will.i.am: What to know about this trademark fight. Retrieved August 9, 2013, from http://www.hollywoodreporter.com/thr-esq/pharrell-williams-william-what-know-578580

Why Artist Management?

I often get asked why did I choose to go to school for Artist Management when I have a Psychology degree. Music has always been a huge influence in my life. I also enjoy helping people and did not necessarily know what I was going to do after I received my Psychology degree. I had done a couple internships through my Associates and Bachelor degrees and although I enjoyed them I knew this was not the job for me. My youngest cousin who just turned fifteen in March has always loved writing raps. We thought it was a phase and he would grow out of it, but he did not. I have encouraged him to express his feelings and have introduced him to music he would normally not hear leaving where he lives. He is more of a freestyler who writes raps without hooks.

             I remember him calling and asking what he needs to do to get better. I was at a lost for words because I did not know how to honestly help him. This was around the same time that I had been out of school for a while and could not find a job with my degree that would pay my bills. I was online one night and there was a pop up ad for Full Sail University, Bachelors in Music Business. I immediately knew this was the answer. I unfortunately have a B.S. and you can only go up from there with financial aid. I enrolled a couple weeks later for my Masters Degree in Entertainment Business.

            Without my Psychology degree I may not understand how peoples minds work and why they behave a certain way. It is important to understand people no matter what type of job you have. I feel that I have an upper hand with a degree. Artist Management involves different types of people including; the Artist, Producers, Record Labels, Lawyers and the list goes on. If I did not have my degree I would not fully be able to manage everything in order to help an Artist become successful.  My goal when I started my Associates was to help and assist people. My answer to why I chose Artist Management is “ I want to help up and coming Artist, I want to see people that have a dream be able to achieve it.” There are many talented people out there that have no idea where to turn to. I want to be able to not only tell my cousin what he needs to do. I want guide him

Shanna Baker; Supporting Local Talent

When it comes to supporting local talent Shanna Baker is a woman that comes to mind. I recently moved to Jacksonville, Florida and have had the pleasure of meeting another newbie to the area Shanna Baker. Although she has only been in the area for a short time, she has not wasted anytime finding local talent to support. One of the things that I like most about Shanna is that she supports EVERYONE. I have only met her once while attending the second Battle of the Artists, a showcase of young talented singers, poets and rappers. The first one was a success; it only made sense to do another one. The talent that was on that stage was incredible and they are grateful for her support. I have chatted with her many times she is humble woman that has a positive attitude and is setting example for the younger generation. If you have talent and live in the Jacksonville area this is the woman to contact. Not only is she following her dreams, she wants to help you follow yours.

Shanna is also the CEO of D.R.E.A.M (Delivering Real Arts & Entertainment Magazine) a local magazine that will be published this summer. I asked Shanna what is the vision behind the magazine. “The vision behind the magazine is to put local artist on the map and to show that they are appreciated. Every artist in the different industries started off local so they should know how hard it is to be a local artist. It's not common to see a local artist on the cover of a magazine, so that is what I'm bringing different to the table.” replied Shanna. I think this is wonderful and I will continue to support her in any way that I can. Being new to this industry I have more to learn. Shanna is someone to look up to she is a go-getter and works extremely hard.

  “D.R.E.A.M. supports everybody in the different industries because that's where the influences come from. But how often do you see someone local on the cover of a magazine?? Personally I have never seen it. That is what D.R.E.A.M. is for. Were bringing something bigger and better for local talent all over the world. It's your time to shine. FOR ALL INQUIRIES EMAIL THEDREAMMAGAZINE@YAHOO.COM.” Shanna Baker

“D.R.E.A.M. (Delivering Real Entertainment & Arts Magazine) is a local statement. The magazine content includes music, poetry, drawing, painting, photography, videography, DJs, barber, fashion, etc.” Shana Baker

 

Derek ‘Jus Me’ Auguste on Negotiation

Derek ‘Jus Me’ Auguste is the CEO and President of Day2Day Enterprise, mentioned in an earlier blog Making the Right Moves. Derek has been putting his ideal team together to move forward in getting Day2Day Enterprise launched and has been working on his next mix tape along with preparing to go on a ten-city tour this year. I have had the pleasure to work with Derek the last couple of weeks and see the process of putting all the pieces together to successfully build a business and see the behind the scenes of an aspiring entertainer.

I sat down with Derek to see how he handles negotiating situations. Owning a Production/Management Company there is a lot of negotiating that must take place.

 

How do you separate the people from the problem?

“I like to figure out what the true problem is, and will try very hard not to bring emotions into any situation,” says Derek. An example was when he overlooked using a contract after a negotiation due to a personal relationship; it posed a huge problem when it came time to get paid. “I was young and naive, just trying to get into the industry I was more concerned with doing what I loved,” says Derek.

How do you handle positional bargaining tactics?

“I prefer not to argue or debate back in forth to me that does not get either party ahead. I like to keep the underlying interest, the reason we are meeting at the for front and not loos focus of that.”

Is there a specific example of a time you were in a positional bargaining situation?

“In this industry and with the services my company offers I am often in these situations. One of my very first encounters and a hard lesson learned was with a client’s mother whom wanted all the power in the decision process. She unfortunately did not have her daughter’s best interest at heart and was more concerned with the fame. I did my very best to help the little girl and had to part ways. In some situations it is better to walk away then to waste all your energy debating over something neither party is going to back down from.”

 Can you give me an example of how you worked toward mutual benefit when you were negotiating a deal?

"One example that comes to mind is Tru Da'Vinci, the first artist I signed to my company.
A year and a half I began my search for a talented singer/songwriter who I could sign under Day2Day Enterprise. Shortly after my search process began I was contacted by a very talented aspiring singer/songwriter from Georgia who had recently moved back to Jacksonville. At the very same time Da'Vinci was in search of Talent Management and Music Production Services. He initially contacted   me on Facebook asking me if I would be interested in collaborating on several songs. I told him to email me some songs and or beats so I could see if I was interested in working with him. After to listening to several songs I knew I would see myself working with him in some way. I recognized potential immediately, and responded to his emails and messages with a different approach. I told him I was interested in bringing him aboard my company and potentially signing him to Day2Day Enterprise.
After several conversations I knew we could make great music and potentially make a huge presence in the entertainment industry. We then had a few business meetings and talked about what he needed help with and was looking to accomplish. As well as, what I saw my company doing for him and his career and what we expect from our Artists. We came to a mutual agreement that led to a Talent Management Deal for Tru Da'Vinci. A year and a half later we both are putting out new music for the summer of 2013. Not only am I doing what I love, I have the pleasure of helping others make dreams a reality." Derek Auguste on mutual benefits.

Thank you Derek 'Jus Me' Auguste for taking the time to speak with me.

‘The Voice’ Staying Strong

‘The Voice’ is my favorite singing competition show aired on NBC. For the first three seasons the line up of coaches were: Christina Aguilera, Cee Lo Green, Adam Levine and Blake Shelton.  With Carson Daily as the host and Christina Millian as "backstage online and social media correspondent."  The line up changed for the forth season, Shakira and Usher replaced Christina Aguilera and Cee Lo Green so they could take time off to focus on their careers.

There are many reality singing shows out there right now such as; American Idol, The Next and X Factor. What sets ‘The Voice’ apart is how they choose the contestants solely on the sound of their voice.

Break Down of how the show works:

The “Blind Auditions” starts the season off with contestants singing to get a spot on a coaches team. Coaches sit in a big red chair facing the audience if they what they hear they turn their chair around. If one coach turns around then by default that is the coach they have for a mentor. If more than one coach turns around then the contestant has the choice of who they want to mentor them. In the forth season each coach has eight spots to fill with two steal positions open (later discussed).

After the eight spots are filled the coaches pair two contestants together on their individual teams to go head to head in the “Battle Rounds” signing a song the coach chooses. During the preparation for the “Battle Rounds” the coaches along with celebrity mentors, help prepare the contestants. During the “Battle Rounds” the coaches choose one of the two contestants to advance. During this round the other coaches have a chance to steal the contestant that the original coach did not chose. The “Knock Rounds” are a sudden death approach, where contestants are paired up again with another teammate, this time they have their chose of song. The coaches then chose one to advance to the live show.

The “Live Show” is the final live performance phase of the competition, contestants perform in weekly shows, where public voting narrows to a final group of contestants and eventually declares a winner. Each week the public gets to vote through; text, purchasing songs of their favorite contestant through iTunes, and calling in. The public has 50% and the coaches have the other 50% to save contestants. This process happens until the there are only three contestants left, and they perform in the finale where a winner is chosen. The winning contestant gets a $100,000 and a record deal with Universal Music Group.

Did NBC make the right chose filling in the coaches’ slots with Shakira and Usher?

According to TV by the Numbers, a network TV Press Release, for the week of April 23, 2013.

From 8-10:01 p.m. ET, "The Voice" (4.8 rating, 13 share in adults 18-49, 13.9 million viewers overall) delivered the #1 results of the night in 18-49 and total viewers.  "The Voice" finished within 8 percent of last week's 5.2, the show's highest rating in more than a year (since March 12, 2012), and was within 6 percent of last week's 5.1 in these prelim fast-affiliate ratings. In total viewers, "The Voice" is within 4 percent of last week's 14.4 million.

"The Voice" won last night's time period in every key ratings category among ABC, CBS, NBC and Fox and beat the combined result of ABC and Fox, who tied for #2 among those network in the slot (4.8 vs. a combined 4.2).  From its first half-hour to its fourth, "The Voice" grew by 1.0 rating points or 24 percent in 18-49 (to a 5.1 from a 4.1).

"The Voice" matched the 18-49 rating of the fifth Monday telecast of the prior cycle (4.8 on October 8, 2012) and was up 26 percent versus the same night last year (3.8 on April 23, 2012).  In total viewers, the increases are 8 percent versus the prior cycle (13.867 million vs. 12.888 million) and 34 percent versus the same night last year (13.867 million vs. 10.314 million).

I do believe that Shakira and Usher make great coaches and according to the numbers so do many viewers. I am excited to see how the rest of this season plays out.

Making the Right Moves

I recently got accepted into an internship program through Day2Day Enterprise located in Jacksonville, Florida. Although I have not started my internship I wanted to get familiar with the company and share my findings.

Day2Day Enterprise is a Production/Entertainment company ran by young entrepreneur Derek “Jus Me” Augustine.  Day2Day Enterprise is located in Jacksonville, Florida not your typical city for young aspiring artists. Jus Me was raised in Massachusetts, now currently living Jacksonville and he is following his dreams of not only being a hip-hop artist but also helping other aspiring artist as well.

The Mission statement of Day2Day “is to encourage, empower, and entertain the world through music and with many other forms of Art and Entertainment. We are determined to provide superior customer service and high product/service quality at the most affordable rates.”

Derek along with Day2Day Enterprise offers many products and services; Event Planning, Music Production, Video Production, Photography, Graphic Design, Promotions/Marketing, and Management. Day2Day specializes in Music/Video Production, Talent Development & Management. Day2Day ensures equal access to resources and quality of service and that is what sets them apart from their competitors.

Day2Day Enterprise is in the middle of switching the brand logo and will be hiring on more staff to get the company heading in a different direction with a fresh perspective. 

As I spoke to Derek I was impressed with his knowledge and work ethic. He has been in the industry since he was a child; he has done everything from teaching various types of dance classes as well as modeling and being a hip-hop artist. I am excited to learn from him and get a chance to work in the music industry.

This company is involved in many of the same areas that I am planning on doing after achieving my degree. I also want to own an Artist Management company through my internship I hope to gain not only hands on experience but also the knowledge it will take to achieve my own goals.

I will continue to Blog about Day2Day once I start my internship this summer.