Copyright or Wrong?

Legal issues can plague any company, but they can be easily avoidable with proper paperwork and permission. The first article I want to bring up is a recent lawsuit against the website MP3Tunes. MP3Tunes was an online music distributer that sold MP3s of many songs without permission from the publishers. The case, found here, stated “More than 2,100 copyrights were at issue in the liability phase” (Reuters, 2014). The case centered on the infringement of rights for sound recordings, compositions, and cover art. The copyright infringements based around the copyrights owned by recording companies along with the publishers that were part of EMI Group Ltd.

The main issue that was centered on this lawsuit was that MP3Tunes selling these works without the permission from these companies for their own financial gain and not paying any royalties to the content owners. This could have been avoided if the proper steps would have been taken by MP3Tunes to secure partnerships to sell this music, then the lawsuit may have been avoided. For example, iTunes secured deals with the publishing companies to pay royalties and secure profits for themselves. If MP3Tunes took the time to strike deals with these companies and split the profits, then they could have avoided the shutdown of their site.

The next article I would like to discuss in the article about Pandora possibly losing recorded music that was released before 1972. In this article, “major music companies are suing online radio service Pandora for what they claim is a major case of copyright infringement” (Venturebeat, 2014). As of today, and with any online streaming service, every time a song is played that is copyrighted the music service pays out licensing fees to the copyright owners. Federal law for pre-1972 recordings was not available for musical recordings. As of now, pre-1972 recordings are protected via state/common law; which as we know are not at a federal level and do not qualify for many benefits of a federal level registration.(Plagiarism Today, 2014).  In my opinion, it’s hard to say how this case will pan out. There is possibility that Pandora may be able to settle with the major music companies to pay them the money owed for songs played, or be safe and pay the royalties to the company regardless of their protections. Although, the claim by the company is filed as a violation of New York law, and is a case of common law copyright infringement. The case can go one of two ways, either Pandora must remove these recordings from their library, or that Pandora agrees to pay royalties from now going forward and possibly back pay for royalties.

Lastly, a very recent event in the copyright realm is the now trending “Monkey Selfie.” It all stems from a photographer named David Slater who in 2011 “Traveled to Indonesia to take pictures of the crested black macaque, a snouty primate with reddish, somewhat possessed-looking eyes” (Slate, 2014). The website Wikimedia has posted his famous Selfie picture from the primate, but not only on the website but in its public domain collection. The website refuses to take it down due to Slater’s demands claiming that Slater doesn’t own the copyright because he didn’t actually take the picture; the monkey took the picture. To get an opinion outside of the knowledge of copyright I asked my wife her opinion on who would own the copyright. She stated “Well, even if he didn’t take the picture it’s still his camera, equipment, software, and everything so he should own it” (Lauren Myers, 2014).

I would have to agree with her statement, and it was Slater’s equipment that took the photo then he should own the copyright. Although, the argument can come up that if I took a picture with a friend’s camera that sold for 1 Million dollars, then does he own it or me? Chris Sprigman, a law professor at New York University stated, “The photographer doesn’t own it. And the monkey doesn’t, either. It’s in the public domain”(Slate, 2014). I think this situation may end up with a redefinition of what constitutes as conceptual art work that can be copyrighted. Although, in my opinion I believe Slater will be awarded the copyright if this were to go to trial due to the public opinions I have read and heard from people around me.

References:

http://www.reuters.com/article/2014/03/19/us-mp3tunes-infringement-idUSBREA2I29J20140319

http://venturebeat.com/2014/04/18/pandora-might-lose-all-music-recorded-before-1972-due-to-copyright-infringement/

http://www.plagiarismtoday.com/2013/08/29/whats-the-deal-with-pre-1972-sound-recordings/

http://www.slate.com/blogs/moneybox/2014/08/06/monkey_selfie_who_owns_the_copyright.html

Artist Management - An Ever Evolving Field

An article posted on TuneCore goes over Artist Manager’s roles, and how they relate to Business Development. Just as everything from your life to your job, you are in an ever-changing living breathing product. This applies to artist managers also, they went from concerning themselves with helping the artists get record deals, and then post deal acting as a liaison between the label and the band (TuneCore, 2011.) The role has changed, now artist managers must take on the role as a teacher and developer. In TuneCore’s words, they should concern themselves with developing and unlocking value for their bands.

If you think about it, would you like to get a lump sum of money up front, or a continuous stream of income over a period of time? That is how the new artist management works. One must take a band or artist and develop them in to a stream of exposure, not just a one and done one hit wonder. The main problem pointed out in the article on TuneCore is that most managers are unprepared to do business development. Few have business training and may fail in a market that requires this particular skillset. One should take the time to learn these skillsets to better fair in a thriving job market such as artist management.

The article has many points to consider by anyone entering the artist management business. I believe that someone should consider taking a few business classes to have a better shot in turning their career into a steady stream of revenue. Now, what one must not do is be caught up in the dollars, and always keep in mind the artists core concerns. If an auto sales person that came straight out and said I want you to buy this car because I want commission approached you, would you buy it? Not particularly, now if they state they want to sell you the car because it meets your needs, and can provide a safe ride for your family, does that sound better? The way to consider how to manage artists is would you like to have three thousand dollars now, or would you like to have three thousand dollars per month for x amount of years?

Article: http://www.tunecore.com/blog/2011/02/artist-managers-must-understand-their-role-is-now-business-development.html 

Negotiation and Deal-Making Interview - Jorge Quinones

Jorge Quinones – Owner | CEO
www.izonorlando.com

iZon Networks, LLC

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Background

Jorge Quinones has been an entertainment business owner,

producer, manager, consultant, and production assistant for more than 15 years.

After studying the Entertainment Industry, and getting his Bachelor of Science degree in Entertainment Business, from Full Sail University in Winter Park, FL, he immediately began working for, and now owns, the nation’s first hyper-local

Independent Internet TV network, while developing and producing broadcast quality TV shows, promotional and marketing videos, commercials, and assisted on many projects in the Central Florida area.

Jorge has also worked as a model, stage technician and provided voiceovers for promotional videos.

Recently he has been producing video content for My iZonOrlando - eNews Show, as well as producing promotional videos for businesses and charitable organizations.

Jorge has written and published articles, taken photos and shot video for major entertainment event organizations, and is published online, social media and other media outlets.

Interview Questions

How do you personally separate the person for the problem? 

Every situation is different. I like to enter any situation well informed. Once I have all the facts, I can use this to my advantage when negotiating a deal. I try not to allow emotions on a deal but can use ones emotions when negotiating.

Is there any time where you felt that separation was near impossible? 

Yes, of course.

Did you overcome that and how? 

Yes, I was able to over come it. By listening to the person and knowing the situation I was able to overcome it by giving a little bit on my end by still making an offer that would benefit us both.

What are some ways you try to identify the underlying interests during a negotiation? 

Like I stated before, I always like going in any negotiation well informed. Knowing exactly what it is I need to make a good enough deal that I can live with whether for myself or for a client I represent and by listening during our conversations leading up to an offer I can use options to close on a deal. Listening is definitely a very important if not the most important part of any conversation and negotiation.

What are some probing questions you use to find out these interests? 

There are many ways in getting the answer you seek when negotiating a deal. Honesty in my opinion is the best policy. I always ask true questions in what it is I need to make my end work, and I ask questions that of what my client needs and that of all parties included in the negotiation process. Finding the underlying cause of it is what is working for me.

How do you weigh out the mutual benefits in a negotiation? 

I like to do my part in making the project a go. I enjoy on working on many different projects so by allowing my self to be flexible and by truly finding out what the client needs or wants I can begin weighing out our mutual benefits to get the project green light.

Can you describe a time where finding a mutual benefit was difficult? 

Just about in most cases when it comes to money this comes up in any or all negotiations. 

How did you overcome it? 

I can say that even with a contract and the job/service rendered collecting the money also can present itself with difficulties. In fact, I am currently going through this very thing. Where I was under contract to get a project completed and our part was to edit a wedding video, that was shoot by another contractor almost a year ago and my job was to re-connect with the wedding client, and allow my service to do. I had to get to know the wedding client, get the original video shot from the wedding, and make this process seamlessly for the wedding client. I used my contacts to even get the wedding client to an Orlando event free of charge which made her very happy, then I worked with her along the way to getting her wedding video finally completed for the original contractor make everyone extremely happy. The issue came when it was time to collect and my contractor all of a sudden didn’t want to pay what I was contracted to do. I had to work out a deal on payment options so I could collect and make payment to my editor and team members. 

Do you have any negotiation tips or tricks you use to make a negotiation go smoothly? 

No tricks but my tip would be, be honest to yourself first and that of your team members. Research your customer/client and have a conversation/meeting and listen. They will tell you everything they want. You have to listen and do your best to work within their budget. Allow your experience or expertise help guide you through the process keeping professional along the way. Allow yourself some flexibility but also be firm in what it is you need to make the project a go. Work with the client as best as you can and be ready to say no if it does not work for you as well.

In regards to a BATNA (Best alternative to a negotiated agreement), have you ever been in a situation where a BATNA occurred? 

Yes, I allowed myself to withdraw from a deal but my team, which I use a sub got the gig, hiring me on their team, which in the end I ended up making out a bit more. 

Can you describe the time this happened and what are some learning experiences from this?

Actually, this just happened on my latest gig, which I just got back in town from and now I’m answering these interview questions.

So you're an engineer?

What does it mean to actually produce a record? Speaking on an engineering standpoint for a small time studio; where do you feel engineers should draw the line? I myself have spoken to a few engineers and producers in my year or so in the field, and have had numerous opinions, suggestions, and more about what it is to be an engineer for an independent studio.

I came up with the following dos and don’ts of recording an album as an engineer.

1.     DO always listen to the band members opinions. This does not mean you always have to agree, but you should always give them your undivided attention.

2.     DON’T align tracks right to a grid. It makes tracks, especially drum tracks, sound robotic and inhuman which you tend to lose that actual band feel when you do this.

3.     DO always treat every mix like it’s going to be your best mix to date. You shouldn’t fall into that repetitive job pattern; which can directly reflect in your mixes. I am speaking with EQ a vocal like a unique vocal, not like the vocal you recorded four months ago.

4.     DON’T accept payments on credit. Get your down payment up front, and always collect final payment BEFORE releasing the material. No matter who it is, it could be your mother, there is a chance you won’t see that money for a long time. Let’s face it, that money is needed!

5.     DO record more takes than you THINK you’ll need. Comping is your friend in the studio and some random nuance while recording a take can be your ‘money maker’ in your final mix. I remember a random harmonic happening during one a take during a recording I did that ended up being in the final mix.

6.     DON’T be afraid to use multiple microphones.

7.     DO remember what you’re doing. By this I mean remember your roots, and how much of an honor it is to have customers go to you for their recordings. I had two return customers come to me this last month, and I couldn’t have felt any better about what I do.

The above are just my opinions and not to be considered in anyway shape or form ‘gospel’ as THE WAY to run your studio. Mixing, recording, and anything involving music is just like someone’s DNA. Everyone is unique, and so is his or her music work. Respect that, and you are on your way to running a successful studio.