Go sue yourself!

It has always been the practice of businesses and individuals alike to seek justice through the court system, when a party feels he or she has been wronged during the course of business. However we are entering a time where more and more artist and entertainers find themselves or their legal representatives in court defending or filling legal actions against other entertainers or entertainment businesses. Sometimes these cases are valid and need to be aired out through the courts so that both parties involved understand where they go from here to repair the situation.
I am sure many people recall the success of a little awkward film named Napoleon Dynamite. This off beat film made a splash at the Sundance film festival that landed the producers of the film a lucrative distribution deal and a hefty amount of cash according to an article by Eriq Gardner(2011). In his article Gardner states that the producers were promised a large percentage rate of the total net profits of the home sales, and have only been compensated at less than a third of what they were promised. All of this came out in an audit between the parties involved in 2008(Gardner, 2011). Could this have been resolved between the parties involved? It seems to me that maybe the producers tried to give the distribution company the opportunity to correct their actions before proceeding with legal action. It is only right if you have been promised compensation that you receive that compensation for the product or service that you have already provided, but what if there is some confusion about what your role, or obligations are to a company that has been representing you. That can cause a whole different set of problems, problems that Bruno Mars is now becoming familiar with.
According to an article written by Josuhua L. Weinstein(2011)the new crooner is riding high on his Grammy win, but is heading to court to sue his publisher. The company representing Mars initially to told him that he had fulfilled his obligations, and that if they were gonna continue to represent him the option would need to be extended from the company. However upon learning of Mars’s intention to leave they informed him that he had not fulfilled his obligations to the company. This by far is the worst kind of company or person to deal with in my opinion. It is for this reason that it is very important to be aware of what your obligations are to companies that you choose to let represent you, or to be fully aware of what an artist has agreed to. Fully educate yourself to some of the laws for your particular avenue of services or products provided in the entertainment industry. This will help protect you from frivolous lawsuits.
These lawsuits tend to come up when people feel wronged, but there is actually no legal ground from which to operate. However this does not mean it won’t make it to court or make the media circuit. Take for instance Lindsay Lohan Suing rapper Pit bull over his lyrics in a song. According to an article for KSFM radio by Big Al,(2011) the actress and her legal team are claiming “the lyrics, by virtue of its wide appeal, condemnation, excoriation, disparaging or defamatory statements by the defendants about the plaintiff are destined to do irreparable harm to the plaintiff.” (Al,2011) Unfortunately for Ms. Lohan the damage that has been done has occurred through her own actions and mere stating of her name tied to the fact that she has been to jail is not going to win her any quick cash, but who knows in this day and age people will settle out of court to avoid being taken through a long court process.



References
http://ksfm.radio.com/2011/08/21/pitbull-sued-by-lindsay-lohan-over-give-me-everything-lyrics/#comments

http://www.thewrap.com/music/article/bruno-mars-sues-his-publisher-30591

http://www.hollywoodreporter.com/thr-esq/napoleon-dynamite-producers-sue-fox-230245

P.A. to Producer

This week has been a very busy week for me. I was lucky enough to get a call back to work on the filming for the 11th season of American Idol. It has been a great experience thus far. It also ties directly in to what we are covering in product management. Many of the producers on the show are not the main guys that you would think; there are tons of producers behind the scenes that are actually project managers. These people come from all walks of life and many started their careers in entertainment not as producers, or even being trained in the particular job that they have now. The one thing that they all have in common is a passion for what it is they are doing. This makes it a little easier to work insane amount of hours until the job is done right and to work with people such as myself who are trying to come into their own in the business hungry to know what they know and the path by which they ended up here doing what they love. The one thing that I can tell you just from my brief experience, as a production assistant is that attitude is by far one of the most important factors. With the right attitude you can work through any and all obstacles as part of the team. Without it, you will seem alone and question why is it that you have to label laundry or tape down wires. The fact of the matter is all of these things need to be done and as project managers it is often not their job to scrutinize every little detail, but just to make sure that the gears of the machine turn efficiently to keep all involved moving in the right direction.

A Picture's Worth...More than you think.

Every performer focuses their attention to the climb of what seems to be an insurmountable amount of obstacles to raise themselves to the level where they are a household name. Be it dreams of starring in their own show or performing to that sold out crowd artist just want the love and admiration of their fans. However many artist fail to attain the proper amount of business knowledge that will help to protect the very thing that they have worked and clawed so hard to forge, their image and likeness. This is something that may not be as important to some performers in the early stages of their careers, however it can comeback to be the difference between the freedom to pick and choose a role or having to jump at anything offered to you. Sometimes having the knowledge of the business is still not enough to secure that you will be paid fairly and timely for the use of your image and likeness.
This is the case for David Cassidy. Many remember David from his four-year stretch on The Partridge Family. David was not naive of the importance of his image even as a young twenty-something actor. His contract spelled out specific percentages for his compensation before and after the show aired, as well as how he was to be compensated if he appeared with other cast members. Unfortunately Mr. Cassidy is now having to as Sony Pictures, to honor the contract they originally agreed to. ">

This is not the first case of actors or artist not being compensated for the use of their likeness to make a profit. The actors from the popular television series Happy Days are filling a lawsuit against CBS studios for the same reasons."> These actors openly state that they were not business people when they signed their contracts. However the clause for their likeness is in their contract, but for 37 years they had not pursued the monies owed them because of their own naivety. The bottom line is in the entertainment industry you have to be as vigilant to protect your image and collect money that is owed to you, as you have to be in seeking out the roles to help grow your career. Having the proper management is key. You must either be well versed in business enough to be able to protect your own self interest, most artist when they start off are not, or you have to be smart enough to higher someone that has your interest tied in with their own.

Industry Lesson #1 be vigilant in knowing your business, and craft.
Source:"http:////money.cnn.com/2011/08/04/news/companies/david_cassidy_partridge_family_lawsuit/index.htm">

Negotiations and music

This month I decided to dive in head first into the world of negotiations. I had always heard horror stories of how artist had gotten the raw end of the deal by not being able to negotiate a better deal for themselves or by not being represented by someone who could actually navigate the shark infested waters of the industry and swim to the other side with a deal in their teeth. It is for this reason that many artists are never heard of or their music never breaks to the levels that it could have. Honestly we must take a look at not the talent, but actually the business acumen that accompanies the talent. In these days and times we must face the facts. Talent is really only half of the battle. The other half of the battle is having the knowledge to make informed decisions. This either means educating yourself, or hiring someone else that is well versed in the field you are breaking into. Many are not aware of the power that resides in the art of negotiations. Often it is one of the most underutilized tools for any artist. Many people that work on the business side of the entertainment industry already know that negotiating is a powerful tool and use their knowledge of it to maneuver themselves or the entities that they represent to a more favorable contract. Recently I had the opportunity to sit down with Fat Rat Da Czar, The Kingpin, and DJ turned Manger Shakeese Da Beast. We spoke on some of the core aspects of negotiations such as Leverage, Power, Appreciation, and the use of dirty tricks in the industry. It was an honor and a privilege to sit down with veterans of the music industry, capturing their opinions and outlook of negotiating.

Another 48 hours competition

Recently I had the pleasure to put together a team of talented individuals to complete in the 48-hour film project in Atlanta. For those of you reading this that are not aware of what the 48 hour film project is a competition that pits many teams against each other in a 48 hour, hence the name, race to make the best 7 minute film possible. Many of the people I chose this year are veterans of the competition, and we have competed together before. However I extended the offer to compete in this competition to several new comers. Three of the people that I extended the offer to accepted. Our journey began on Thursday a day ahead of the competition, because we were traveling into a much larger city than our own we needed time to organize as well as get settled in to our lodgings for the weekend. The plan was for the four organizers to travel ahead, and prepare for the others arrival on Friday evening. We met in the early morning and had a pre trip breakfast, sharing our hopes and wishes for this year’s competition. Speculation on what genre we would receive raced between our minds. Everyone had his or her own favorites and hopes for this focal point of our short film. We discussed the latest films and the previous years winner in the market we were traveling to. After a few good laughs and filling up our tanks, both belly and car, we began our trip.
The kick off for the competition wasn’t until Friday at 6pm so we used the extra time to scout possible locations get a feel for the area that we were in and rest up. This competition was the largest that any of us had ever competed in. There were a total of 55 teams ready to lose sleep for the next two days to submit the best film in their genre using the line of dialogue, prop, and genre provided. As we all sat waiting to have our turn to pull our genre from the hat the anticipation began to mount as many of the teams pulled and became official entries into the competition. As our turn grew closer it was my job as the team leader to choose our genre from the hat. Wouldn’t you know that I lowered my nervous hand into the hat and pulled one of the hardest categories for us, Science Fiction! A little intimidated I wanted to choose a wild card immediately, but my team was content in the choice, and felt we could do it effectively, and maybe they felt we needed the challenge of doing something that we would not have normally done. What ensued for the next 48 hours was lack of sleep, writing, and rewriting, pick up shots, last minute plot changes, last minute location changes, and finally the night before we are supposed to turn in this film, a complete meltdown. Then in the wee hours of Sunday morning things began to come together the film began to take shape and we had a story that we felt made sense. However the drama was not over. Upon reviewing for the final edit we had some last minute changes. This was where the three new team members shined. Putting together last minute details, shooting extra scenes, and editing them in a timely manner. Due to their hard work and dedication to this project we were able to do what 11 other teams were not. We finished on time. If you are interested in seeing what we made the screening for the film will be Saturday the 18 at 7:45pm at the plaza in Atlanta. Shortly after the screening we will post and share this film online with the rest of our fans. Here is last year’s entry from us it was a Mockumentary called Adam’s Apples.

Joel Silver Vs. Goldman Sacs

In keeping with the times, and to give many who want to enter the entertainment industry a realistic focal point of the behind the scenes deals that go on, I have decided to post this blog article. It reads like the beginning of a movie that could have very well been produced by the plaintiff in this legal drama. In December of 2010 Joel Silver filed a lawsuit against Goldman Sachs. Goldman Sachs is a large investment bank, for those that do not know. Mr. Silver claims that the Wall Street giant was fraudulent and misleading in a deal that was brokered orally between Silver and Goldman. This is what it would sound like in terms everyone can understand. Let’s say that you and a friend that you knew were talking. Your friend wanted to get into the same business you are in, even though they are already successful at what they are doing. You agree to connect your friend with the person who helped finance your business venture, for a small fee of course. So you now you have an oral contract with your friend that upon the financing of his or her venture you would be paid what ever the amount is that you agreed upon. So now time passes your friend’s new deal has gone through and he is flourishing in his new venture. Everything should be great right, right? Except for one thing, you have not been paid yet. So you go to your good buddy and ask him about the money, he agreed to pay you. Without blinking an eye your friend says wait just a little longer until we raise a little more money. So you, ask can you at least be compensated a percentage, even if the deal did not go through like it was supposed to. So your friend agrees. Long story short you never see any of that money. Essentially that is what happened, and now we get to see it play out in the courts like a John Grisham novel. This brings to mind a couple of tips. Always get it in writing, no matter what, or whom the agreement is with. Never give up your assets without compensation. Finally learn from the mistakes of others, remember that even though we are in the business of entertaining, let’s not forget the business that goes along with it. Just in case you think Goldman Sacs gets a bad wrap check out the video.

James Cameron, TED, and Me

It is not often that you come across someone who can convey with clarity a journey that has taken them a lifetime. More often then not we seem to experience less than our speaker is willing to admit. This is not the case for a speech that James Cameron delivered on TED.com. In case you are not aware of whom James Cameron is, he directed some of Hollywood’s biggest films, including Titanic, and Avatar, but seriously you wouldn’t be reading this blog unless you had a clue right? Anyway, Mr. Cameron enlightened the audience on how went from a science fiction fanatic to feature film director. The journey started for him as a kid in Canada. Mr. Cameron explored and pushed the boundaries of his own imagination. He did not start out with a goal to become the director he is today. He actually decided by the time he was fifteen that he wanted to be a scuba diver. Like many of us he did not take into account the odds or the adversity that would face him in achieving his goal. He goes on in his speech t tell of how he overcame the obstacles that stood in his way with the help of his father. This event would not have meant as much for me had he not later used this skill, which started out as a passion for science fiction to really do what he wanted in his life. This was inspirational, as I had always dreamed of creating my own films. However one of the things that he said towards the end was one of the things that always seemed to bother me the most. What if I failed? What would happen if I could not be or do what I had set out to? That fear of failure kept me from even trying to achieve my goals. Mr. Cameron points out that you must fail in order to succeed. We should not fear failure, because we need the option to fail, in order to really try and explore new things. What we cannot be is afraid. Being afraid stifles our creativity as well as our dreams. How many of the worlds greatest innovations would have never been created, had the inventors of those innovations been afraid? We must all grow from the seeds of our passions and inspirations to become whatever it is that we dare to dream of becoming. James Cameron did just that, and even though that path may not have been the straight path that he would have liked, he still got to live out his childhood dreams of becoming an explorer of strange worlds even if that strange world is in the oceans of our own.