Industry Experts

Mark Litwak


Entertainment Attorney Mark Litwak Gives Us A New Look Into Hollywood - Filmnut
Mark Litwak an entertainment lawyer whom works with filmmakers. His practice includes trademark, copyright, contract, multi media law, intellectual property, and book publishing. He assist filmmakers in the marketing and distribution of their film.

Litwak advices that the film industry is a risky business and you must be willing to realize the path you must take to succeed; “there are no rules”. He advice; you must have a good story to tell if you are a filmmaker. If the story is boring, it will not capture the attention of anyone, and it will fail. You must have a creative marketing plan to get your film out. Niche films can be successful, “word of mouth is the best form of marketing”. Social networking is the key to getting the word out about a film; rather it’s a hit or a flop. A filmmaker should always have a lawyer or an adviser before signing a contract, because most distributors are aggressive as Litwak states “ sleazy” and most contracts benefit the distributors and not the filmmaker; you must research their track record from others.

Writers has a hard time to get agents because agents are looking for established writers who can get the sales, according to Litwak it is “very-very hard to get an agent”, he says it better to get a filmmaker to take on your project of turning a book to a movie.

To succeed in the film industry as the writer or the filmmaker, you must be creative and create something that grabs the audience attention, as well as finding an advisor such as an lawyer, agent or someone who will assist you in finding the best resources to get your film distributed.

http://www.youtube.com/watch?v=NryrU1uwqPI


Daniel Friedma

Music Industry Forum -- Daniel Friedman -- Artist Contracts

Daniel Friedman and entertainment lawyer who began working with rap groups, his law firm complained that he was bringing too many rappers to the office; he began expanding and growing. Friedman brought more and more artists in, the law firm told him he needed to drop his clients or leave the practice. Friedman refused and he said, “I’m out of here” he packed up and started his own practice.

Friedman discusses the copyright laws; ‘the copyright holder can reproduce the work, and no one can record, publish or put in movies without copyright holder permission”. According to Friedman, a copyright can create from another work, such as Weird Al Yonkervich, which would be called derivative works. The owner owns the copyright always according to Friedman, when an artist signs a contract with a label, the record company becomes the owner of the copyright except for the underlining composition.

When understanding copyright laws, the artist should seek the assistance or advice of an entertainment lawyer, because it can become puzzling trying to understand when you will need permission from the copyright holder to utilize other people music.

http://www.youtube.com/watch?v=dXtws-zVhzE&feature=related


 

Gordon Firemark

Monkeying around with contracts

Gordon Firemark entertainment lawyer discusses the lawsuit of Caters News agency claimed that they purchased portraits and other images taken by a black macaques (monkey) who took the camera of David Slater, a photographer and shot self-portraits of herself.  Slater licensed the pictures to Caters; the pictures were placed on a website (www.dailymailoline.com).  Caters claims that it was a violation of the copyright law, but the law states that it must be human authorship.  Caters had no claim. 

This case is bizarre because even though Slater didn’t own the copyright for the pictures, he does own original digital files, and he can sell or license the material to others, is this considered underlining composition?

http://www.entertainmentlawupdate.com/2011/08/elu-episode-023-monkeying-around-with-copyright-law/#more-771

http://www.dailymail.co.uk/news/article-2011051/Black-macaque-takes-self-portrait-Monkey-borrows-photographers-camera.html#ixzz1mFNaPQks

Industry Liabilities 2

Amazon launched two new services, Cloud Drive and Cloud Player.  According to an article on wired.com the music industry will force licenses on Amazon Cloud player. "Cloud Player is an application that lets customers manage and play their own music”.  The record companies disagree with Amazon regarding the licenses for music, Amazon states that customers are uploading music to the Cloud Player with the original download licenses and no matter how many times the music is uploaded they do not require a new license, record industry disagrees.  Amazon argues that once a customer downloads music to the storage, they will have the ability to re-download as many times; to any device.   Allowing the music to be uploaded as many times as the customer likes once they uploaded it to the Cloud player could become a problem, because people can peer to peer share.

http://www.wired.com/epicenter/2011/04/music-industry-cloud-player/all/1

According to an article written by Moses Avalon, the Obama administration is going to make torrent streaming (peer to peer); the sharing of music a felony.  It could mean that anyone who download music from the illegal sites such as Pirate Bay, Utorrent, Bittorrent and Limewire could face up to 20 years prison time.  In the past if a person was caught with Illegal music, they were fined.   According to the article, the Obama administration is recommending to Congress to upgrade its illegal sharing of content; a felony.  This new law will apply to sites and people using promoting and hosting services such as Utorrent, Bittorrent and Limewire.  My opinion is, the law should be in affect, I don’t think it requires a 20 year prison sentence.  Giving a harsher penalty for anyone who breaks this law would alleviate the illegal sharing that is taking revenue from the artist and all the people involved in that artists project.

http://www.mosesavalon.com/mosesblog/946/music-business/obama-issues-illegal-streaming-crackdown-signals-end-of-internet-piracy/

According to Larry Rother of the New York Times, the copyright law was revised in the mid-1970; the law gives artist the opportunity to regain control of their work.  Kenneth J. Abdo a lawyer who leads termination rights working group, stated that the four major labels, Universal, Sony, EMI, and Warner are not in favor of artist regaining control of their past works, they are not giving up without a fight.  The label contends that they own the masters to the music not the artist, because they were “works for hire”.  The federal district court in New York ruled that the recordings are the property of the record labels.  Recordings can become available as early as Jan 1, 2013.  The record label owns the copyrights to the masters; in my opinion they are entitled to keep control of the work of the artist. 

http://www.nytimes.com/2011/08/16/arts/music/springsteen-and-others-soon-eligible-to-recover-song-rights.html?_r=2&pagewanted=all

Distribution Deals

A manufacturing and distribution deal refers to a kind of deal between a record label and music distributor, according to Heather McDonald, from about.com.  Under the deal the distributor pays for manufacturing of the album, and recoups the costs from sales.  Distribution deals are hard to come by. 

There are pros and cons to getting a deal, you can produce albums without any upfront cost, pay less for manufacturing, and the distributor are invested so they will work hard to get it into stores.  You cannot get any money until the distributor has recouped their money back.  Some radio stations will not play your music unless you have national distribution.  The best way to start getting you product out is to start selling your own products as an independent artist, you should be able to go to a distributor and show them what you have sold on your own, let them see your numbers of what you have sold.  If they could see that you are selling your product, it could give you a better chance with the distribution companies.  It is very hard to get a deal with a distribution company because they want to see how much sold. 

If you go with a record label, before you chose the record label you should check to see if the label has a solid distribution deal on a national level, according to a article on music biz academy.  Here are a few questions to consider:

•   How many CDs has the distributor sold of the label's product?
•   Did the label have any problems getting paid by their distributor?
•   What kind of working relationship do they have with their distributors on their new releases?
•   Does the label have a budget to pay for some co-op ads, and in-store promotions through their distributor?
• What kind of Internet distribution and online sales methods does the label use? 

http://www.musicbizacademy.com/knab/articles/recorddeal.htm

Having a distribution deal could make a major difference in your career as an independent artist.  It gives you the ability to be marketed nationally in stores.  A good site to start with if you are independent artist is cdbaby.com, they do charge a percentage of all sales, but they will get you on iTunes, and other stores.  Make sure you do research when looking for the best opportunities for your career it will benefit you through out your career as an artist.

http://www.cdbaby.com/

http://musicians.about.com/od/glossary/g/mandd.htm

Is it better to be an independent artist, or sign with a record label?

It really depends on the artist, because working as an independent artist you will need to work harder in both, creating your music and behind the scenes to get your music played.  No matter what you decide to do, you must have a large enough fan base so that your music is heard.  In today times, utilizing social networking is a great way to get your music heard, gain fans, and create a buzz in the industry.  Networking is one of the keys to success as an independent artist. 

An independent artist has the opportunity to keep more of his or her profit, versus an artist who signs with a label and only keeps a small percentage after everyone is paid.  A record label owns you and you are like an employee to them, you get paid according to their profits.  There are some advantages to signing with a well-established label, such as the label already has connections, major distribution, producers, etc. and they can give you large advancements money to help with other needs you may have to get you where you need to be in the industry.  It is becoming harder to get record deals these days because there are so many artists trying to make it.  There is so much competition today in the music industry; you have to bring something different and unique to be recognized or even considered.  The Internet has so much information for you to succeed as an independent artist.

I believe if you want to receive all the money you earn from your work as an artist, and you have the patience and the determination, you can make it as an independent artist, you are responsible for your success. You are your own boss, and mistakes will be made but you learn and keep moving forward.  The benefit of being successful is bringing in the revenue and keeping a larger chunk of it.

http://www.independentmusicadvice.com/2011/11/how-to-get-signed-the-best-way-to-get-a-record-deal/

http://getitdoneblog.net/2011/09/04/industry-tips-and-advice-should-i-stay-independent-or-sign-to-a-major-label/

http://www.musicbiztips.info/2011/08/should-you-stay-independent-artist.html

Industry Expert

Mathew Middleton:

Mathew Middleton a lawyer, who has been in the field for 14-years and he as been entertainment lawyer for in the music industry for the past 10 years. He is a high-powered, veteran entertainment attorney, of the Middleton Law Group.

Mathew Middleton has worked with entertainers such as DMX, Foxy Brown, Juwel Santana, Chris Brown, jagged edge, Fabulous, Shyne, Mario, and different athletes. 

Middleton states that writing, and creating content puts you ahead of the game in the industry.  He also states that its all about the copyright and intellectual property, because when you own publishing, and copyright, it gives you that ability to constantly receive income through other means, other than performing. Middleton says “Content is King”.  He also discussed the pros and cons of being an independent artist; having the resources to market, promote, publish, and write can benefit you more than being assigned to a label, because the record label and all parties need to get paid so your royalties will be very limited. 

His advice to others is Learn the business as much as you can by interning and getting the skills you need, and maintaining your integrity at all times.

Gordon Firemark:

He is a lawyer practicing in the field of entertainment and media law.  He is the author of a e-book called Podcast Guide and New Media Producers Survival Guide, because is says not many people can not afford to hire a lawyer on a retainer and this book could help in someone career of podcasting.

 Podcaster are owners of their work and they are not concerned about copyright infringement because that’s their original work.  When an author creates a work of authorship, once its recorded, written down, or placed on canvas and it’s their original work, it is automatically copyright material and it should be registered. If you are adding someone else work in your media, such as videos, or music you should get that information licensed to you so that you do not infringe on someone else work.  Podcaster should get their episodes registered so that the law of infringement covers them; the work can be bundled and protected for a small fee.  Show titles are not covered by copyright; you must trademark the name of the show to protect it. Firemark suggest getting royalty free music is something to consider when creating your podcast.

Firemark suggest if someone use your copyright work without permission, asking the person to take the information down will mostly likely work, if that doesn’t work you can send them a letter to cease and assist.   Podcasters should be mindful to get permission from the person that they are airing in their podcast, let the person know in advance what your intentions are to utilize their voice; getting them to sign a contract in advance would free you of any problems later.

John L. Welch

John L. Welch a lawyer at the firm of Lando & Anatasi, LLP, he is one of the top trademark lawyers in the country, he is a frequent author and speaker on trademark law issues. He discussed the Bose decision of the Court of appeals for the Federal Circuit and how it has affected trademark owners, practitioners, and USPTO.

Trademark registration is a valuable asset; it provides nationwide protection and constructive notice that allows the owner the right to use the registration symbol.  Bose committed fraud on the USPTO in renewing registration.  Bose initiated an opposition against Hexawave trademark.  Hexawave alleging, that Bose’s prior registered trademark the WAVE, was discontinued prior to them taking the wave trademark.  Bose’s committed frauds when they began using the wave mark again; after it was not re-registered with the USPTO.  The board ordered the cancellation of Bose’s WAVE mark registration in its entirety. 

When you have a trademark you must re-register the trademark if you want to keep you mark.  If another company takes on that trademark and it was not registered it becomes the trademark of the new company.  You can be sued if you continue using that trademark that was registered in some one else company.

http://www.youtube.com/watch?v=F8dm4GwZ62g

http://legaltalknetwork.com/?powerpress_pinw=7449-podcast

http://www.melinelegal.com/?tag=trademark

http://firemark.com/?powerpress_pinw=2505-podcast

Industry Liabilities

Pirate Bay is a Swedish based company, it is the largest torrent website in the world.  You can download music, movies, games, and much more.  Pirate Bay is under scrutiny for illegal piracy.  According to an article on torrentfreak.com, the co-founder of Pirate Bay is sentenced to serve time in jail.  The Stockholm District Court found three people guilty of contributory copyright infringement offenses.  Two of the men received one-year jail time and a fine of 1.1 million.  One of the defendants did not appear in court the day of sentences, they tried to contact him without success, the Judged ruled and handed down the verdict to him as well, do all three men had to pay millions of dollars in damages and jail time.  The men are taking the case to the Supreme Court; they are convinced that the final decision will be in there favor.

If the courts continue to monitor and convict people who commit piracy, preferably go after the websites that allow illegal sharing, I believe it will eliminate the crime eventually.  Piracy does not just damage the profits that the artist receives, but it takes money from all the team that worked on the project, producers, writers, musicians etc.  In reality, with technology today, you may stop it now but someone will come up with something new and creative to continue pirating others work.

LimeWire is hit with another lawsuit, according to an article that Jaikumar Vijayan wrote.  He said, “ Eight music publishers have sued LimeWire LLC of massive copyright infringement.”  RIAA is requesting that LimeWire be shut down.  The companies that are filing the lawsuit are members of the National Music publishers association (NMPA), EMI music Publishing, Sony/ATV Music Publishing Universal Music Publishing Group and Warner/ Chappell Music Inc.  According to the article, Copyright status provide for statutory damages up to $150,000 per violation. 

Like I previously stated, if they crack down on the websites that allows illegal sharing, it would be difficult for other to pirate music, and movies.  Copyright infringement is a very serious offense and shutting down these sites it just might bring some money back into the industry. 

http://www.computerworld.com/s/article/9178209/Music_industry_hits_LimeWire_with_yet_another_lawsuit

http://torrentfreak.com/jail-sentence-for-pirate-bay-co-founder-made-final-111014/

Networking in the music industry

The definition of networking is, a supportive system of sharing information and services among individuals and groups having a common interest.  Networking is the key to success in the music industry, most times its not what you know it is who you know in the business. 

The most effective way to get a artist music publicized, heard, distributed or a artist booked is through people.  Networking allows you to find people who can help your career in different areas.  Its best to find the areas that you are weak in and find the network and resources that can help you turn those weaknesses into strengths. 

According to Dalena Radabough of Entertainment online “the key to being successful in the music industry relies heavily on using the correct techniques to network yourself and/or your artist with the appropriate connections”.

No matter if you are a singer, band, or individual musician you need the help of other people to have a successful music career.  Even if you do everything yourself, you still need people to purchase your music, people to book you, and people to attend your events.

 Social networking is a important part in meeting new people, to get your music heard, from your friends and from friends of your friends and so on.  Facebook, MySpace, and Twitter are good sites to begin, uploading your music and posting videos to your site to get reviews from your friends is a great tactic as well.   When networking, try to be around people who work in your field, people with the same interest as you.   Find the centers of influence, Influential people often get that way because they are masters at networking. At any networking event or party they will be the ones with the most people around them. Get to know them, they can lead you to a lot of other people who might be important to your career.  You should always be in networking mode. 

http://www.entertainmentmanagementonline.com/vnews/display.v/ART/2003/12/19/3fcc348f2f077

http://dictionary.reference.com/browse/networking