SoundCloud and Why It Is a Popular New Trend

Well readers, this is my final blog as a Master of Science in Entertainment Business student at Full Sail University. But it surely isn’t my final blog altogether. This is just the end of one journey into the next one, so wish me luck! For this blog, I wanted to delve a little more into one of the newest trends going on in the music industry online and that is the growing expansion of the website SoundCloud.com.

SoundCloud is an audio online distribution platform where anyone can create, record, promote, share, and distribute their original sounds across the Internet. It is very simple to use, accessible, and full of features. In February of this year they had already reached three million users. I love this because a musician can just record a sound on the spot and can send it to their Facebook fan page in an instant through their mobile application. Your inspiration doesn’t have to wait to be released to the world!

I wanted to check this site out more because it seems like almost everyday someone is posting on my Facebook page a SoundCloud recording of theirs to listen to and they would ask for feedback, another plus of SoundCloud. Their platform was actually created so “audio creators” could collaborate and receive feedback from other creators and listeners. One of my favorite aspects that the site provides is that a user can customize the shapes of their sounds waveforms, adding to the unique visualization of their sounds and friends and fans can leave timed comments throughout their sounds for valuable feedback. That is very cool!

They offer over 100 plus applications and you can even build your own application. If you sign up as a premium member, you can get more storage space for your songs, a Spotlight tab to showcase your best songs, Pro Support, and more depending on which account you sign up for.  The website itself is easy to navigate and one can quickly find groups to create and share music with and even the nearest Meetup locations.

(soundcloud.com)

Being a recent college graduate definitely has helped prepared me to excel in understanding online distribution because I was personally given lessons on digital distribution, brand development, and digital marketing. From my college education, I understand the power and influence that sites such as SoundCloud have because it is a great promotional website that will allow artists at my company to distribute and get their music out to fans quickly and easily. Entertainment and media college students are taught how to reach mass success in this new technology driven world. I am fully aware of how to use social media sites, blogs, and online distribution sites to increase my fan base as well as my artists’ fan bases through widgets, applications, podcasts, embedded videos and links, and more, which are allowed to be placed on those sites and even our own websites. As a recent college grad and because of all the industry research I have done recently, I will bring current knowledge of the newest distribution, promotional, and marketing models and techniques in the music industry to whatever company I am a part of.

I will stay up-to-date on future trends in the music industry and will be here as a canny resource to help all of you reading do the same. SoundCloud is a great website to visit and please support those who are creating and sharing their sounds with all of us!

Resource:

http://soundcloud.com

What Are Alternative Funding Sources?

Hello my followers! I have finally reached the end of my school journey as I slowly approach graduation day. For this post, I wanted to spiel about alternative funding sources and some websites that provide these types of sources.

The first website I selected for this post is ncif.org, or the National Community Investment Fund. It is a non-profit, private equity trust that invests in thrifts, banks and credit unions that generate financial and social returns.  According to ncif.org, a Community Development Banking Institution (CDBI) is a name used by NCIF to “describe a depository with a community development focus.” They increase access to financial services to undeserved communities that wouldn’t otherwise have it. They go out and purchase common stock to these CDBI’s, make seed fund loans, extend debt to banks, and they provide secondary capital to low-income credit unions.

(ncif.org)

Some of the requirements and qualifications to obtain the financing from NCIF include that the CDBI must focus an abundant amount of its business on low-to-moderate income people or communities. It must be located in a rural, urban, or Native American market to qualify and they have to show sound, financial performance.  The website also says that NCIF has what is called the CDBI Exchange Network which allows CEO’s and CFO’s in the industry to help give advice on such things as risk management and valuation.  They also offer news and updates on NCIF.

The second website I visited is eda.gov, which stands for the U.S. Economic Development Administration. Their mission statement is: "To lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy." Some of their financing opportunities include their Public Works and Economic Development Program and their Economic Adjustment Assistance Program (EAA). These give infrastructure assistance and help support construction and expansion of infrastructure in areas that have experienced adverse economic changes. EDA also offers technical assistance, a Community Trade Adjustment Assistance Program and more on the site.

Applicants must meet certain technical competitive merits and/or lack thereof to qualify for grants, meet quarterly funding deadlines and EDA’s priorities. Some of the requirements that an EDA-funded Comprehensive Economic Development Strategy (CED) includes having a planning organization, a strategy committee, performance measures, a list of goals and objectives, a plan of action, and beyond. The site also shows plenty of other federal funding links, tools of the trade, and research reports.

(eda.gov)

A few disadvantages of using alternative funding are high interest rates, having to offer collateral, factoring companies’ fees, and possibly giving up a substantial amount of ownership equity. One advantage is that they provide a boost in investments for women and minority-owned businesses. It can include peer-to-peer networking and asset-based lending along with government-backed loans. Microlending is beneficial for owners with little to no credit and who have no track record and provides a small amount of cash needed for them to start their small business. Community banks and credits unions are now issuing and taking on smaller business loans and these are all helping to relieve the strain on the economy. 

References:

(2011). Retrieved Sept 8 2011 from, http://www.ncif.org/index.php/about/

(2011). Retrieved Sept 8 2011 from, http://www.eda.gov/

(2011). Retrieved Sept 8 2011 from, http://smallbusiness.intuit.com/news/Expansion/growth-of-business/18887918/Alternative-Funding-Sources-for-Small-Businesses.jsp

(2011). Retrieved Sept 8 2011 from, http://online.wsj.com/article/SB124827141870672175.html

Expert Views on the Value of Business Plans Part 2

For part two in my discussion on the value of business plans, I will like to share what it is that I have learned from my own research on the two experts that I first profiled in the posting right below.  The two experts that I researched earlier this month was investor and entrepreneur Mark Cuban, and business owner and writer of the book “The-Plan-As-You-Go-Business-Plan”, Tim Berry. After reading up on Mark Cuban, I intend to make sure I come up with an idea that is not boring nor follows the same trends as everyone else’s business plans. I have to have a clear development and exit plan to show investors so we can all see where the company may be going in the future and they can see what they will be getting in return for investing into my company. Tim Berry proved to me how valuable visuals could be to have present throughout your business plan.  He also pushed having a strong strategic position and differentiation from your competitors so I will continue to analyze my company’s goals and objectives and strategies as I am finalizing my business plan to make sure they stand out and are on point with my vision.

Based on the information provided by these experts, for my own business plan I decided to make it geared more towards digital distribution and I was very detailed in my sections on the industry analysis and target market. I had to show that my target audience was large enough for my products and services and that my company has room for “potential growth”. For my plan, I paid more attention to my assumptions and costs and tried to be more realistic with the numbers.  I also did a thorough risk assessment.  I eliminated what I thought I would not use and stuck with what I knew for sure I would need in my business as it starts.

The sections of my business plan that I consider the most important to the investor reading my plan is my technology section, industry analysis section, and my financials section. The finance section is the most important of all because investors need to see I have researched the industry enough to know how much money it may actually take for me to start and run this company and how long to make a substantial profit. 

Abrams, R. (2010). The Successful Business Plan. Palo Alto, CA: The Planning Shop

(2011). Mark Cuban quotes. Retrieved August 2 2011 from, http://www.inspiringlifethoughts.com/?tag=mark-cuban-business-plan

Altucher, J. (2011). How I helped make mark cuban a billion dollars, and five things I learned from him. Retrieved August 2 2011 from,

http://blogs.wsj.com/financial-adviser/2011/04/18/how-i-helped-make-mark-cuban-a-billion-dollars-and-five-things-i-learned-from-him/

Kafka, P. (2009). Mark cuban’s start-up investing tips: buy now! bonus advice: how to manage 5,000 emails a day. Retrieved August 2 2011 from,

http://allthingsd.com/20090115/mark-cubans-startup-investing-tips-buy-now-bonus-advice-how-to-manage-5000-emails-a-day/

(2011). Retrieved August 2 2011 from, http://bpexpertviews.blogspot.com/

(n.d.) Retrieved August 3 2011 from, http://deadspin.com/5090903/the-mark-cuban-scandal-for-dummies-like-us

(n.d.). Retrieved August 2 from, http://timberry.bplans.com/introducing-myself

(2009). Ask tim berry-what sort of business plan do you need? Retrieved August 2 2011 from, http://www.youtube.com/watch?v=SdS0qInvC4k

Expert Views on the Value of Business Plans

This week I began a new course at Full Sail University called Business Plan Development and one of our first requirements were to seek two experts in the field of writing or reviewing business plans and find out their opinions on what are the most important pieces that investors look for in a business plan. After some researching and looking over their backgrounds and history, I decided on the NBA’s Dallas Mavericks, 2011 NBA Champions owner and entrepreneur Mark Cuban, and founder of bplans.com, Tim Berry, as my business plans experts.

(deadspin.com)

“Wherever I see people doing something the way it’s always been done, the way it’s “supposed” to be done, following the same old trends, well, that’s just a big red flag to me to go look somewhere else.”-Mark Cuban quote from inspiringlifethoughts (2011).

Besides what I mentioned above, Mark Cuban is also chairman of the HDTV cable network HDNet. Originally from Pittsburgh, PA, he is a billionaire with a net worth of over 2.5 billion. Since he was a young man, Mark Cuban has been hustling (including working as a bartender and club promoter in college), investing, and selling businesses…technological and Internet businesses in particular.  (inspiringlifethoughts, 2011). He is and has been successful in the dot com boom ahead of his time (Altucher, 2011) and is a guest on the hit business-related reality show Shark Tank.

According to Altucher, one of Cuban’s rules in investing seems to be to go and find something that you find exciting and then go out and find another few hundred million people are who are just excited about it too! He is looking for something that has digital distribution and content and will not be interested if you mention your exit strategy is to sell (Kafka, 2009). Based on the bpexpertsview blog (2011), some of the key components Cuban wants to see in your business plan are that it is an actual need for your product or service and a market for your product or service. This is important because your market has to be large enough or your business will fail and you have to know that people really are interested in your product or services. Your company has to have room for “potential growth” and you have to have financial projections for your business ready and be prepared overall before you pitch your plan to an investor.

These are also key factors because an investor wants to know will he or she be able to make a profit from this investment, they need to see that your financial assumptions are realistic and accurate, that you did your research, and the finance section of your plan is one of the first things they look at in your business plan.

Tim Berry has also written “The-Plan-As-You-Go-Business-Plan” book for entrepreneurs interested in doing a business plan. He is also president and founder of Palo Alto Software and co-founder of Borland International. Berry was named one of Twitters top 20 entrepreneurs to follow, was also a former journalist, and in 2007, won the USASBE (United States Association of Small Business and Entrepreneurship) Corporate Entrepreneur of the Year award. He has several blogs, posts, and books for helping start up and small business companies find venture capitalists, angel investors and how to obtain business loans (timberry, n.d.).

Here is a YouTube video with Tim about what type of business plan someone will need when writing one’s business plan:

(youtube.com)

One of the key components he suggests a business planner should see is that there is no standard format for a business plan that you specifically might need. Think about your goals and objectives and strategy, who are you selling to, how are you different, what are you not doing as a business. He says keep track of the progress of your plan, look at your costs, think about what might you actually use in your business. He emphasizes the use of numbers and knowing who is supposed to do what job all the time and the value of bullet points. Berry talks about outputs of the plan i.e. an elevator speech, but says the plan is based on what you use to “steer your business” and that milestones, assumptions, strategic positioning, and more, should be included in your plan only if you’re using them in your specific business (youtube, 2009).

These components are key because I can see his perspective on making your business plan fit you and your business and why visuals are so helpful in getting your point across to an investor. Strategic position will reveal the focus of your company and how different you are from the competition.

I hope this advice helps you if and when it comes times for any of you to write your business plan for your respective businesses. Follow Mark Cuban’s blog at: blogmaverick.com

And visit Tim Berry’s website at: http://www.bplans.com/

Resources:

(2011). Mark Cuban quotes. Retrieved August 2 2011 from, http://www.inspiringlifethoughts.com/?tag=mark-cuban-business-plan

Altucher, J. (2011). How I helped make mark cuban a billion dollars, and five things I learned from him. Retrieved August 2 2011 from,

http://blogs.wsj.com/financial-adviser/2011/04/18/how-i-helped-make-mark-cuban-a-billion-dollars-and-five-things-i-learned-from-him/

Kafka, P. (2009). Mark cuban’s start-up investing tips: buy now! bonus advice: how to manage 5,000 emails a day. Retrieved August 2 2011 from, http://allthingsd.com/20090115/mark-cubans-startup-investing-tips-buy-now-bonus-advice-how-to-manage-5000-emails-a-day/

(2011). Retrieved August 2 2011 from, http://bpexpertviews.blogspot.com/

(n.d.) Retrieved August 3 2011 from, http://deadspin.com/5090903/the-mark-cuban-scandal-for-dummies-like-us

(n.d.). Retrieved August 2 from, http://timberry.bplans.com/introducing-myself

TalkMusicBiz, Music Promotions & Using Social Media Site YouTube

I know my readers yearn for tips on getting there music heard, so I went to one of my favorite social media sites and video-sharing sites, YouTube, and subscribed to TalkMusicBiz because they always upload videos geared towards the music business and give proven to be successful ideas on how to market your business or just some new twists on music promotions.  In this new video that I’m going to talk about today, the speaker George discusses social media skills along with music marketing and other “geo-tagged methods” one can adapt to on YouTube. I wanted to share these tips he used for a band with you, my readers, because they will beneficial and advantageous to you and your music exposure. 

It was nice that he brought up keyword threading and how important that is for promoting music on social media networks and indeed, your choice of keywords are of the upmost importance in any social media campaign and for social media optimization, but that I will save for another blog post. He began to talk about this local Hawaiian band called Kapala that he only did a slideshow for because at the time they could not afford a video. They were a brand new band and he promoted their song on YouTube by using demo description type keywords that were Hawaiian related. For example, in the subject title for the slideshow, he included the title of their song, their name, and Hawaiian music, all in the same title. And then in the description box, he put Hawaiian music, their location and zip code, and clubs they had played at, both recently and awhile back.

(youtube.com)

George even created tags with Hawaiian keywords and that helped boost their views up to 1,200 on the first two days of the upload! He made a good point in that the title of your YouTube video should have included in it the style of your music and perhaps the sub culture group within that style because that will help people find you. I agree that you should always take time and put information in the description box because I do notice that people forget to fill that out and it is a decisive move that can help get your video placed well in a search engine query. Another tip he suggested was to put your performance list and what town you are from in your description box. All of these YouTube promotional tips can bring in large audiences that may otherwise skip over your video while searching for music without these extra keywords or added descriptions.

Adding your url with the whole protocol, and the http, is always smart to have completed for any online promotion when using social media. You must also have an active url so people can actually see and hear your music or videos when they click on the link! Thank you George and TalkMusicBiz for these great music promotions tips and I will be giving more disserts about this channel and their tips very soon for you guys so join my mailing list so you don’t ever miss out!

Source: http://youtu.be/xLkh-JCYqNE

Are Digital Downloads Making the Cut or Are They Steadily Dropping the Ball?

I just started a new Digital Marketing course at Full Sail University and I wanted to write a blog post this week based on some fresh ideas on songwriting and the digital evolution. I can tell this will only be the beginning of my quest of connecting the industry and the digital  download world because the two will only continue to coincide with one another as time goes on. As I am always searching online for both new and experienced bloggers in the industry, I stumbled upon music strategist Jay Frank’s blog titled “FutureHit.DNA”, and I thought the name of the blog was super catchy to the eyes of a songwriter. Browsing though his row of informative posts, I found one that seemed to really have some solid truth to it and I wanted to share my thoughts on his opinion about the future and power of digital downloads.

The post is titled “Digital Downloads Still Key For Future Hits” and he starts off asking the question if one has ever moved 12. 5 million units of anything, and my first reaction was no, but I sure would love to! I was a little mystified myself when he started to talk about how global tech and business research companies such as Forrester Research felt about what that 12. 5 million units in digital downloads may mean for the music business. Music insiders probably strongly feel that because the increase only represented a 1 % increase from 2009 to 2010 compared to the 13 and 28 % increases they saw from the year before, that that automatically means the digital downloads format is failing the music business and is dropping dead. I do not believe that to be true because all I hear from other music lovers is whose album they just recently downloaded from iTunes or Rhapsody or their favorite artists’ websites.

I agree with Jay Frank that digital downloads is actually growing, and that it will be big business for the future songwriter. As he mentioned, digital downloads have grown 10 % and added almost 44 million downloads to last year’s total downloads and that is an industry that is not faltering by any means. I was amazed when he said that digital downloads have had three times more growth this year than it did all of last year! Songwriters and artists are readily catching onto the digital landscape more and more each day and are starting to think more about how to utilize the digital concept for increased sales purposes.

The author went on talking about “ the wider breadth of songs being sold in decent numbers” and the rise of on-demand video streaming for example, and I have to agree again. There are so many artists and songs out now in digital format, everyone can now get a comfortable piece of the digital market pie, not just the top 5 selling artists. Well, they are always going to have a more ample share but at least a less known or popular artist can strive to reach those same formerly only traditional means of selling millions of units through the indie digital route. Consumers download from so many sites and purchase downloads from both known and unknown artists and will download whatever they can from songs to videos to podcasts. 

(futurehit.dna.com)

 I have also noticed how platinum selling artists have lately begun to stick with promoting just singles and not albums and in many ways, that is a very smart move, because people aren’t seeking to buy entire albums anymore and give a thousand reasons why they don’t any longer, from bad contemporary music being produced to the economy. Artists are making money from leaking singles even before the album is complete and heavily promote them for more massive results. Selling huge numbers of units based solely on singles seems to be the path the digital music world is taking and is based on the current mindset of the new digital consumer.

I encourage you all to visit Jay Frank’s blog when you get a chance.

References:

Here is a link to Jay Frank’s blog on the Internet: http://blog.futurehitdna.com/

Are e-Readers Wiping out Paper Books For Good?

Kindle. Nook. iPad. These are all examples of what is called an e-reader. An e-reader is a portable electronic device that people use primarily for the purpose of reading digital periodicals and books. I was actually thinking of purchasing one myself since it is one of the most booming technology buzzes around. One can even turn his or her iPod Touch into an e-reader just by acquiring e-reader applications. As I was contemplating that, I came across a YouTube video titled “What e-Reader Means for Books”, since I am also of thinking of self-publishing my own urban fiction novel in the future. That is a project in the making.

The video itself is a clip from CBSnews.com and is a matter-of-fact discussion with journalist and author of “What Would Google Do?” Jeff Jarvis. It starts off with the gentlemen talking about the soaring sales of the Kindle e-reader from Amazon and whether or not paper books are heading to extinction. I did not realize that back in Christmas of 2009 that Amazon actually sold more electronic books than real physical books. I agree with Jeff that everything that can become digital, will become digital. You can store so much on these e-readers and they are portable and convenient; info comes to you right at the speed of light practically.

The publishing business has to be able to keep up with the changes of authors not needing a middleman much longer because the format of the book is changing. An author can just put his or her book on Kindle on their own time in a quick second, and really may not need the publisher or retail chain to get their books out to the public. I agree with the author that the decline in popularity that has been happening with newspapers will happen with physical books as well. However, I am enjoying the idea that once a digital book is published, an author can still go back and edit and correct things and that that book becomes searchable online, unlike the traditional solid book. I am praying that printed books will still be around in the next decade because there will never be anything close to the joy that comes with the pleasure of opening up a physical book, holding it in your hands and turning the pages as you get more and more into the story. 

Reference: http://youtu.be/6JzjN7MvbRo

Cecil Murphey's Writer to Writer Blog

Hello all! I am excited to say that I have just begun the start of the second week of my new class called Entertainment Media Publishing and Distribution. In our class, we have to participate in what is called a Collaboration Assignment where each student is required to add helpful links and comments on the board every week that they have researched and used or that they think someone else may use. It has proven to be very beneficial to the class already. One student posted a link to blogger Cecil Murphey and earlier this week I decided to click on it and check him out and I was happily surprised at the content I found on his blog, Writer to Writer. Here is a YouTube video with Mr. Murphey about the start of his blog:

As the video mentioned, Murphey originally was going to write a book for writers and it didn’t work out. He was also working as a mentor working with writers and that became too much for him to do everyday. His assistant finally insisted that he do a writer’s blog after the book idea was flat lined. Murphey decided he would then do a twice a week blog where he will write short blog entries that give bits of informative advice from a longtime writer to other writers searching for help.

Cecil has more than a few hundred followers on his blog and most are likely writers themselves. I really like how his blog gives real world advice and gets to the point. For this class, I was fascinated by his knowledge on how to approach possible agents and where to go to find them, like writing conferences. He gives writers a list of do’s and don’ts based on his own experience. He makes excellent points about how to make money writing and what to look for in a contract. These are all vital things a new writer needs to know. Murphey even has blog entries on the other roles a literary agent plays in a writer’s life other than negotiating contracts and I thought that was very savvy of him.

All of his followers’ comments have been positive because he has helped them in their quest to becoming better and more profitable writers. I have decided to follow his blog as well and have provided the link below to that and his website. On his blog, he has a few other links to other websites of his from his radio show to male survivors of sexual abuse. In his member profile on blogger.com he states, “The more I give, the more I receive. Or to put it another way, the more I teach others about writing, the better my own writing.” And that is true about everything in life.

http://themanbehindthewords.com/
http://cecmurpheyswritertowriter.blogspot.com/

An Evening Interview with Entertainment & Business Attorney Alonzo Alston

I was happy that for my last week in my Advanced Entertainment Law we were given the assignment to search for a potential attorney to interview that has experience in our fields and can assist us in our business plans. I went about on my search and hit gold very quickly when I was referred to a Mr. Alonzo M. Alston of North Carolina and was even happier when he decided to have a two hours plus long chat with me at the end of his busy workday. Below is an excerpt of the conversation that Mr. Alston and I had as we exchanged questions, thoughts and opinions on common legal matters in the music industry and for independent recording labels.

Attorney Alonzo M. Alston ( lawyers.justia.com)

Q: Hi Mr. Alston. How are you? Can you please state your name and job title and what it is that you do in entertainment business?

A: Yes. My name is Alonzo M. Alston aka Mac (giggles). I am an Entertainment and Business attorney in North Carolina. I mostly deal with litigation and IP work.

Q: How do I best protect myself against copyright infringers on my clients’ and staff’s lyrics and sound recordings?

A: Please have a legal budget for copyright infringement lawsuits at your company. Get business insurance and get incorporated. Everything needs to be registered. Do not forget about producer agreements. Honestly, I do not think piracy is as big an issue as people think. If you are going to do a website as you say you will for your business, only provide snippets of your artists’ music on it.

Q: What are some website concerns a business like mine should watch out for, in your opinion?

A: Look out for hackers! YouTube is always amazing for promotion on your website. Try to always control your sound/editing on your website. Be careful what you put on your site and don’t think that no one is paying your site any attention. As you grow in popularity and even before, someone will notice lol.

Q: How do you reduce liability issues with software or websites?

A: Try to keep everything in-house with your staff. Just like you said you were in reading about in class, make sure all of your workers understand the privacy laws and electronic agreements. Get the right permissions and keep what you can keep “original” content on your website. Like you mentioned, have a website disclaimer apologizing if you were to infringe.

Q: What do you think about these 360 deals that record labels are creating in order to gain on all the profits an artist is ranking in?

A: For the most part this is great for the record labels and bad for the artists. The relationship an artist has with his label is important in this deal. It is only good when the artist is able to get 50% of everything and the label has the artist involved in many parts of the industry.

Q: Have you ever come across a client claiming joint ownership on a work after the fact?

A: Oh yes. Agreement is highly important! Anyone can claim they did a song so you need a formal agreement in place. Registration has to be done in the beginning. People tend to forget that when they’re making music, they have to get their business together too. There aren’t too many cases of attorneys wanting to do these types of cases and a lot of times it is because the client is broke!

Q: What is the best method for when negotiating a license fee for a permission request?

A: Read as many books as you can on this. Know what the compulsory royalty rate is. Negotiate for a fraction of the cost if you are only using a fraction of a song. Research the sample and explain to the copyright owner that you just need a master license so you can make them rich! Do your best to talk directly with the copyright owner because that will help you.

Q: What are some works/products/services that in your practice you have seen recording labels trademark or copyright most often when starting a business?

A: A lot of urban recording labels are very slow when in comes to copyrighting their music until the business grows. They lose out. They only get more serious when merchandising is involved. I will like to stress the importance of having an accountant and lawyer around for any contracts and to keep track of your revenue streams and numbers as much as you can as an owner or music publisher, if you choose to go that route. Allow the attorney to help you manage.

Me: Wow, great advice. Thank you Mr. Alston for the wonderful expert advice this evening. Excellent. 

Mr. Alston: You’re very welcome. Have a good evening and I hoped this helped and call me for anything else and for any questions you may have in the future. Goodnight! 

Mr. Alston can be reached at the following:

http://lawyers.justia.com/lawyer/alonzo-m-alston-1485208

and

http://www.McAlpinePLLC.com/

Who is Suing Who in Entertainment? 3 Copyright Infringement Stories to Learn From

Hey readers, I am back! I was browsing through some recent controversies online today and came across three of many stories revolving around copyright infringement and liabilities in the music industry that people are talking about and wanted to share my opinion on each of them.

I first visited the infamous allhiphop.com website and noticed a picture of Southern rappers the Ying Yang Twins and saw the title next to their picture saying “Rappers Sue CBS, CNET for Millions Over Illegal Downloads” and I could pretty much guess what was coming next lol. The article said how they and other money-making rappers, including 2 Live Crew and Pretty Ricky, were suing CBS’ Interactive’s website CNET because they were the main distributor of Limewire, the oh so popular peer to peer sharing software. They claimed CBS made large sums of money off of the downloads and advertisements people saw while using Limewire and basically are suing for copyright infringement and are seeking millions in damages, court costs, attorney fees and I am sure other things will pop up as this goes on.  (allhiphop.com)

Now I do agree that CBS does owe these rappers some compensation, but I wonder how will they calculate an exact amount? Royalties themselves aren’t even 100% accurate. Truthfully, a number of the rappers the article mentioned seem to be struggling financially period and I don’t think Limewire or CBS or CNET should take all the blame for their dire situations. I feel like a fair judgment will be made in this case but I feel this may later sprawl out of control because if they win a considerable amount, that opens the door for every singer or rapper to file suit against CNET and that will be a whirlwind circus because artists will be asking for more than what they are even owed thinking they should be overcompensated for their losses.

 http://www.allhiphop.com/stories/news/archive/2011/05/04/22743559.aspx

On to the next one! I was on the urbandaily website and saw an article about superstar rap mogul Jay-Z that I actually heard on the radio the other day so was more curious to read up on it because it involved another country and their moral rules. Jay-Z is being sued a 2^nd time for his sampling of Baligh’s Hamdy song “ Khosara Khosara” for his big hit in 2000 called “Big Pimpin”...one of my fav records I must say. The family is actually suing others including EMI and MTV in the suit and said that in 1995, they only licensed the right for Jay-Z to mechanilly reproduce the song for sound recordings while Jay-Z and his team thought they obtained all the proper permission...but maybe not so, according to Egyptian law. Egyptian copyright law holds different standards for what they call economic rights (which is solely what the family offered Jay-Z) versus moral rights, which the family says Jigga did by “mutilating” the original song by sampling it and changing it up and did so without the permission of his Hamdy’s four children.

This was interesting to read because the Judge in this case is actually “willing to entertain the nuances” of what the Egyptian law says despite a lack of U.S subject matter jurisdiction. I do not think the plaintiffs will win this case based on moral rights alone and because they are up against the “big dogs” in entertainment, but I am positive there will be a case here and that the end result will set a precedent for future similar cases that will arise in music because the industry has evolved internationally and more artists will be using samples of songs from other countries and cultures. Everyone is so focused on getting permission and licenses to use compositions and sound recordings for economic uses as the article says, and never allow any moral uses or rights or possible issues to come into play in their decision to use these original records. It is a lot for an artist or label to think about because of the possible costs and aggravation associated with trying to prove you took all the right steps and got all the legal permissions and licenses to use a foreign sample. I think for Jay-Z it was all worth it and he will think that even after the case is over.

http://theurbandaily.com/music/theurbandailystaff2/jay-z-being-sued-over-big-pimpin-sample/ (youtube)

The third article that I had to check out was titled “ Rihanna being sued for ‘S&M’ music video” and I said ohh boy! It was funny because I am a fan of Rihanna and thought this was a great visually appealing and fun video. Famous fashion photographer David LaChapelle , who directed Gwen Stefani’s ‘Rich Girl’ and Britney Spears ‘Everytime’ video to name a few, said in his lawsuit that the video is based on eight of his photographs and Tweeted “ The next time you make a David LaChapelle music video you should probably hired David LaChapelle.” He claimed the video duplicated and copied the mood, tone, props, wardrobe, and composition etc of images he produced and hasn’t disclosed how much he is seeking in damages. Riri’s people have yet to release a statement about the video or his lawsuit.

(youtube)

Her video now has over 24 million views on youtube and is probably due to the controversy surrounding the video itself like the overtly sexy content the article mentions, but hey, the song is called S&M! I agree with the director Melina Matsoukas because the video could not be played down, it was supposed to have whips and leather and other crazy stuff to live up to its name. I am anxious to see what LaChapelle is asking for and if he can really prove that they stole his images because what some of the things he mentioned are images I would conjure up myself for a video of this nature. I honestly think this case will just be settled in monies if he can prove that his copyrights were truly infringed upon because I am sure all of his images are copyrights and known to be and would be obvious to others because it is one of her most viewed videos on youtube.

http://www.mb.com.ph/node/304570/rihanna-being-

I will post future updates on these current music lawsuits as facts come along, but be careful out there musicians and composers of the world! 

What is the Artist Manager's Role in Our D.I.Y Era?

I was browsing for articles related to the topic of artist management because I have taken an interest in what it takes to really be successful as an artist manager and wanted to explore what it really meant to work in artist management. Here’s a brief overview of an article written by Jeremy Rwakaara on a special new emerging era of artist management.

D.I.Y stands for Do It Yourself and typically new independent artists choose this route either because they feel they are capable of handling all the necessities about their career on their own or perhaps because they could not find a manager or label willing to help them. The article brought up a great point that nowadays, the artist fan relationship is of critical importance to an artist and it is easier now more than ever to build that up in our digital world. We now have management resources such as ReverbNation, one of my favorite sites to check out new artists, and other tools that allow an artist to engage in direct contact with fans of theirs. Some sites like Sonicbids allow an artist to book their own venues, and music distributors such as CD Baby allow artists to distribute music to fans via iTunes and of course all the social media networking sites such as Twitter and Facebook are enormous channels of publicity and promotion an artist can use and reach millions in an instant.

It sounds as though the role of a traditional artist manager has been severely limited or maybe even completely washed away, but that isn’t true. It has simply transitioned into one where they are no longer just concentrated on getting their artist a record deal but about finding ways to generate more income and ways to increase their artists’ fanbase via they ways I just mentioned above. “The manager’s role in the D.I.Y age is less that of an advocate and cheerleader, and more that of an analyst and advisor.” This is so the artist can focus on recording, their live shows and supporting their fans. Using a well rounded combination of resources, an artist manager can sit and think of new products that need to be added, which pay models work the best, see which of the artists’ products sell the most, learn of any new trends or patterns, or what are the most useful widgets. They can even figure out what videos, songs, or t-shirts fans love the most, what ways do fans love to engage and interact the most with their artist, and even through analyzing, reveal the real costs associated with their artist’s operations and that is important.

This article opened up my eyes to the fact that even though the artist may be able to do much of this on their own, to be able to have time and energy to record their best songs or for a tour or to truly engage with their fans, they need to leave all of this “dry” work as the article says to their manager and the manager still has to have the right strategy in mind for their artist that will bring them both lots of revenues and success and knows how to get the most out of their resources available to them. The artist manager must show the artist that they need them or else they will be washed away and that will not be a good look for the industry overall. Everyone needs some help in getting to where they need to be and for me the artist manager and artist will always go hand in hand in order for true success to be reached by an artist. 

http://www.artistmanagementresource.com/helpful-articles/45-what-is-the-artist-managers-role-in-todays-diy-era.html

What its Like Being in Artist Management with Hughes Felizor

((Hughes Felizor- A&R, Artist Manager)

I was lucky enough to gain a recent interview with Mr. Hughes Felizor, A&R for Bad Boy Entertainment and Founder of Tri-Connect Entertainment & Management Inc., through my affiliation with Bad Boy as a Publishing intern there. He is a very busy man and a true “juggler” and I was so happy to get him to sit down for a minute to answer some of the artist management questions I had created for just him, and what he said was really helpful for any aspiring artist manager regardless if they are new or experienced in this line of work.

Q: Hey, please give us your name, title, and position.
A: My name is Hughes Felizor, A&R at Bad Boy Entertainment, Founder of Tri-Connect Entertainment & Management Inc.

Q: What is a typical day in the life for you as an artist manager?

A: Cool. My typical day consist of various follow-ups via phone and emails, discussions of the day's plan with all team members, seeking opportunities for our clients, arranging various studio/video projects, etc.

Q: Has the current economic conditions effected your business?
A: Yes. Today, we are still transitioning away from CDs to newer
available format compatible with the web and mobile devices. Most in
the music industry are still looking for a profitable way to sell
high-quality music online/mobile devices, while maintaining the
product's integrity at 100%. Adjustments made by majors labels, to
protect themselves, have been drastic but there is still a long way to
go; I believe. In an effort to gain additional control of company
assets which mostly reside online now, major labels must set the tone
enforcing various laws for their artists and, own sake. Unfortunately,
current economic conditions push people to acquire pirated music,
usually available before scheduled releases, for free. Free, doesn't help the situation if it wasn't intended

Q: What personality traits/or characteristics does an artist manager need to be a great artist manager and a successful one?
A: You have to be a team player first and far most. Problem-solver, have patience and be able to work under any given conditions. That is the truth.

Q: What part of your job do you find most satisfying? Most challenging?
A: The most satisfying part of the job is accomplishing what was
planned. Its great to see a team of different people working towards
the same goal with same, or greater passion. The most challenging is
finding the right clients; everyone wants to be an artist but only a few work consistently work to perfect their craft.

Q: How valuable is maximizing the effectiveness of an artist’s development team?
A: In my opinion, the team is everything. It is the company's foundation. If its weak, everything else will be as well. Its very valuable to get everyone on the same page.

Q: What type of training or education do you think is required in this position?
A: Besides street education lol, some training in business of course and financing. Understanding how this business works from being in it and that only comes from experience and learning.

Q: Any special advice for someone new entering this field?
A: My advice would be to do your homework because, keep in mind that
whoever you are managing career is in your hands.

Big shout out to Hughes for allowing me to ask him these questions for my blog and readers, it is much appreciated.

You can find Mr. Felizor on Facebook or Twitter @yooggie.

Check out this video " Some People"! I am in it!

I am the lead/model actress and there is more to come from all of us! Follow Campanella's Twitter @CampSince1987 and add him on Facebook at J.R. Superstardom!

Negotiating in Business with Negotiator, Music Director, & Manager D Baker

For the next affair on my blog I wanted to go out and interview a professional that was very active in entertainment in the deal-making capacity and I did. Although very brief, speaking with him made me see how busy the life of a manager and/or director really is in entertainment, whew! So below is just a quick excerpt of the hour long conversation we had between us over the phone and I wanted to share and expose some of that with you this afternoon.

Q: Hi, please state your name and title/position for us?
A: Good afternoon Q, I am the CEO of Getosoul Productions, Founder and Co Owner of The Beattraffickers, and manager of artist Devvon Terrell.

Q: One of the first methods the authors discuss in “Getting to Yes” for use in principled negotiation is called separating people from the problem and they talk about how every negotiator has two interests and that is in their substance and in their relationship. Why do you think people have a difficult time separating the relationship from the substance and aren’t able to deal directly with a person(s)?
A: Emotions flat out. Some people are too emotional or have outbursts as you mentioned or they just like avoiding the whole source of the issue that we’re trying to work out. We tend to look at a person we’re dealing with as the problem that is stopping us from getting what we want and it’s hard just focusing on the issue and not the person in front of ya.

Q: How do you adjust your negotiating approach to account for differences in gender, culture and/or personality?
A: Umm, you just have to go in knowing everybody is different, expect that. I try to respect everyone I come into contact with in business. Talk to them and get to know them a little before if possible. Be open to what they got to say to you, learn to love the differences ya’ll share and use that to ya’ll advantage when you are learning what is gonna make each of ya’ll happy. Right?

Q: Right. How do you acknowledge the other side’s interests as part of the problem and let your interests come alive?
A: I’m really straight-forward, old school so to say, with that being said, I seriously try to deal with the issues that’s going to benefit my team first. I will take up any differences after we have attained what we came for.

Q: What do you think of the process of a brainstorming session with the participants in a negotiation for inventing ideas?
A: That’s a really good question. Both of us brainstorming together in a competitive nature is healthy, I welcome that. I feel we are as strong a team assembled out there… Kinda like were both beating on our chests yelling out for attention lol!

Q: How do you decide on where to meet at for a negotiation or when or who should make the first offer?
A: You know for me that just comes from intuition and experience and just watching the other person, really, just pay attention. I like to meet at one of my comfort zones lol, and uh as far as when and who should make the first offer, I try to gauge where the deal is headed and put what I want out there before the other side. I am learning somethin’ new talking to you about knowing my BATNA before I walk in the door, good stuff.

Q: Negotiating power requires lots of preparation and hard work in advance, but how beneficial is the power of commitment and developing a good-working relationship as sources of negotiating power and leverage? Good listening skills?
A: Super super beneficial! You right, always prepare and be ready for anything that may go down at the meeting. You want to end things on a good note cause these are people you will come in contact again in business… make them want to work with you again. Make it easy. Open up your mind and ears and have a game plan, that’s all your negotiating power right there. Folks want to know you are hearing them. Stay true to yourself and your integrity and be good to others and it will benefit you with wealth and a good reputation.

I would like to thank Mr. Baker for taking the time out to talk with me a bit about negotiating in his world and below is how you may contact him:

Follow D Baker on Twitter: @ MrDBaker, http://www.linkedin.com/in/mrdbaker and visit http://www.and1live.com for more exciting updates! Expect more to come from Mr. Baker and his team in the very near future when I introduce my Artist Note tab on the blog this Spring! Until then, watch these two youtube links videos that he delightfully shared for us to view.


(this video uses a song called And1 produced by The Beattraffickers)


(this video actually made it to Inside the NBA on TNT)

VIPSTAND & Wallace Collins Ask PRO's "What is The Exact Royalty Formula?"

Today I was just randomly googling search terms and I saw this link pop up for a site I haven’t had a chance to visit called vipstand. I ended up opening a video on its site called “ You Are Watching: Publishing Deals and Performance Rights Organizations” (PRO’s) and decided to watch this video uploaded from one of my fav sites, artistshousemusic.org, with entertainment attorney Wallace Collins speaking because he appeared to be relaxed and ready to give us viewers some good insight into his point of view on publishing. 

I liked how he explained owning the copyright in a publishing deal and how much is typically divided in splits. He briefly went over how one may co-own the copyright and get 50 percent as the writer while the rest goes to the publisher and writer, an example of an average co-publishing deal. I didn’t realize how administration deals worked. They get commission for just collecting your money but it is straightforward calculation regardless of how much percent they get.

Collins says the X factor on the publishing side is the PRO’s (i.e ASCAP, BMI, SESAC) and how its not always clear how much they are taking from the money you may make on your songs. He said he has never been told a formula and how much percentage they get for calculating song royalties but he was not trying to indict any of them. I thought the system was doing a good job on tracking these numbers but apparently not! I have heard stories of people signed to separate PROS’s as songwriters and received different monies even when they worked and co-wrote the same record and had the same contract splits. I believe ASCAP is the way to go as far as the signed writer advantages I feel they have over the other two, but more details about them in a later post. That topic can go on for weeks!

 We will have better tracking systems in the future so you know you are getting your exact money the first time around and worldwide changes need to occur so the whole planet is in sync in royalty tracking because business is international. And you shouldn’t have to wait to see what your co-writer received on a record in a check to know you may have been cheated and for them (the PRO’s) to give you the difference. I will be checking out future videos on this site and even some old ones already uploaded about music publishing, indie labels, and copyrights (fun and informative videos alike) and so should you!

http://www.vipstand.me/en/online-videos/play/Us-beRRxYdk/Publishing-Deals-and-Performance-Rights-Organizations.html 

Financing...Major Publisher...Good Venture Move

I recently went back to visit one of my favorite company sites, ascap.com, and saw a brief article about getting financing for your music publishing company and I happen to know a few entrepreneurs with young companies in the music industry who themselves are trying to decide on whether or not to sign a deal with a major publisher in order to guarantee success.  Most of these companies are new record companies, including my own that I am in the process of developing. Some people I have spoken with are up and coming producers/songwriters like myself who are unsure of starting their own small publishing company or not let alone where to get financing for one.  The title of this article is called “ Getting Financing For Your Music Publishing Company”, a fitting and simple title that helps searchers in their quest for knowledge on the topic.

            I am a fan of making joint alliances with other companies, my company itself will be a partnership and joint venture, so I am in support of signing co-ventures, as long as things remain fair and equal! The article talked about the advantages that major music publishers gain from adding on a record company and that includes their “creative expertise” that they would have otherwise lost out on if they didn’t sign with them. This may help them tap into undiscovered talent and boost their own revenues. It is also an advantage for the small record company, producer or songwriter because this venture will help decrease their financial and administrative worries while allowing them to focus on their creative side and business goals. That is a big burden lifted! Later on the article brings up the topic of song financing and ownership and how signing with a major publisher usually means they [major publisher] will pay a certain amount of financing on an annual basis which in turn will be used to sign songwriters that is selected by the new partner. Both companies will then own the copyrights to songs written by their signed writers, and I see this as a very beneficial move for a company without the financial backing or industry connects at first and for its roster of writers, producers, etc.

            I also learned from reading that sometimes both partners will co-pay the advance although its usually the major publisher who funds all the advance money that is due to the writers. I love advance money and I wish there were more ways to obtaining advances, but as a fresh artist or songwriter or producer, one needs to know advanced money is on the brink of distinction and is not handed out like it used to be to a newly signed artist or writer or whoever. In terms of sharing income for these songs, net income could be split in an equal amount between both companies but can be shared solely based on how much each party pitched in to the advances to their signed writers in their co-venture. I really liked what I “heard” from this article and this isn’t a bad direction to head in as a new indie record label by any means…great way to get yourself and your clients ahead in this tough game from a music publishing POV. 

http://www.ascap.com/music-career/articles-advice/ascapcorner/corner5.aspx 

The Recording Academy..the Academy Every Musician Needs to Be a Part of!

Hi! The professional association I wanted to research and learn more about this month turned out to be one of the best trade associations and one of the most esteemed in the entertainment industry. The National Academy of Recording Arts & Sciences, Inc!  It is a trade association for music professionals.  Also known as the Recording Academy, it was founded in 1957 and is based in Santa Monica, California. The association has instituted award programs such as GRAMMY and Lifetime Achievement awards. It also helps to support young people and musicians in crisis with arts-based education through its MusiCares Foundation and their Grammy Foundation. Neil Portnow is the President and CEO of the National Academy of Recording Arts & Sciences, Inc.

(grammy.org)

I really am a fan of their Grammy Museum and would like to visit it someday in L.A. because this place literally goes back in time and past the present into the future and celebrates all forms of music, the creative process and is an interactive site. I enjoyed reading about MusiCares and their services and how they provide medical, financial, and personal emergencies in confidentiality for music people. Barbara Streisand is the 2011 Person of the Year for MusiCares.  This is directly impacting the music industry. The academy has many sponsors (ie Gucci) and throws many events in support of various relief efforts in America. They also formed GRAMMY U, a community designed to help college students prepare for work in the recording industry through programs, networking and performance opportunities! And my graduate school, Full Sail University, is a part of this amazing community, whoo!

(grammy.org)

This association is important to me and affects my industry because as a songwriter and musician, they are responsible for creating the most coveted award in the music industry, the GRAMMY award!! This institution is highly revered and respected amongst music professionals and music lovers alike. Even the website is hip and fresh and you can download music applications and even purchase Grammy gear at www.grammy.com The website (along with grammy.org) has everything from the countdown to the Grammy’s and the nominees to the latest music news and even has Grammy radio which plays all your favorite Grammy nominees and musicians. This academy is an arts advocate and its mission statement is “to positively impact the lives of musicians, industry members and our society at large.” They have incredibly lived up to their mission statement and well beyond with all the strides they have made in reaching out to those in need in the music field, and also in continuing to honor excellence with the sought after but rarely attainable sign of achievement in the arts & sciences…the Grammy award! I’m off now to become a Grammy 365 member, yippee!

www.grammy.com

www.grammy.org

Motivational Social Media Entrepreneur Speaker Influences Passion in Others

Hey everyone I am back and for one of my most recent class assignments, we were told to visit the ever growing so popular website TED.com. TED.com is “ a small non-profit devoted to Ideas Worth Spreading” as it says on the site. After viewing TED’s Executive Director’s Chris Andersen’s speech about what they represent and seeing how great that was, I was excited to see what other videos were available through their theme tab. I checked out their Best of the Web series and found, after looking and watching clips of a few of their listed videos, one from a Web 2.0 Expo with an entrepreneur speaking named Gary Vaynerchuk. Upon clicking on this video, I was immediately drawn to his hyper and boisterous outwardly attitude about people not doing what they love to do. During the beginning of his speech he was discussing his family’s wine business and why he left to start his own thing because he wasn’t happy and I realized that I actually shop at the Wine Library in NJ that his family owns! I even saw the link to his Wine Library TV on their website…very strange. I didn’t even know he was a relative of this family business until he said he was from Jersey and mentioned this. You really do learn something new everyday.

Gary knows how to reach and inspire his audiences through his passion of wanting other people to do what it is they want to do and that there is “no excuse not doing what you love” as he says. He gets his inspiration from just people in general and his user base online.  He stressed the importance of networking and getting yourself and your business talked about so much that your brand just builds. Gary explained having a business model and making cash along the way as you work 9-5. He has inspired me to stop saying I don’t have the time or money to work in music or entertainment the way I want to. That to build your brand, you can work your regular day to pay your bills and when you come home, in the after-hours, that then is the perfect time to work on your aspiring business venture. Very true.
He talked about asking yourself the question “What do you want to do everyday of your life?” Now countless people have spoken about this very topic but he speaks from an angle that makes you want to listen to what he has to say. He is relatable, interesting, funny and right to the point. From watching Gary on stage and listening to his words I get where he is coming from and why he is so successful and how I can do the same thing using some of his tactics such as BUILDING BRAND EQUITY IN YOURSELF! He spoke about how legacy is greater than currency and to really think about what you would want your grandchildren to learn about you in years to come. He made me think about the value of PATIENCE and that to make something of yourself you have to hustle. You have to put yourself out there and expose the good and the bad and just network on all the social media sites. I understand that for people to cater towards you, you have to be and do what YOU are about and not try to turn your company into a mere reflection of someone else’s. It is not always healthy to compare especially if you are a new company but that is difficult to do because its natural but then you start imitating this other company and lose your own vision and focus for your unique brand. Other companies will always be an influence but your company should not be a splitting image of any company.

(ted.com)

I agree that one has to work hard if they want the big houses and expensive jewelry or as he says, if you want to own the piece of the Jets! Overall, Gary Vaynerchuk’s speech was intuitive, persuasive, and has provoked me to want to stay as driven as I am now for later on in my pursuits for my own distinguished future business projects.

Read Gary's brief bio right here!
http://www.ted.com/speakers/gary_vaynerchuk.html
View Gary's TED.com speech here!
http://www.ted.com/talks/gary_vaynerchuk_do_what_you_love_no_excuses.html
Check out the retail website!
http://www.winelibrary.com
Come here to view Gary's consulting site!
http://www.ted.com/talks/gary_vaynerchuk_do_what_you_love_no_excuses.html