The Importance of Copyright Protection

The Importance of Copyright Protection

Good day friends,

In this installment, we take another look at the business of protection (copyright that it is). We explore the process of how to acquire it and why it is so important. To help facilitate the process we will draw upon other authorities on the topic. As well as provide you with an easy (32-step) guide to copyrighting your material (but don’t worry, its easier than it sounds). However, we will first examine a recent case involving infringement to understand the true worth of the process.

Righthaven v. Democratic Underground

In recent years (or since the emergence of Internet as we know it) blogs and broadcasting sites have been at the forefront of distributing information. Often times even besting many of the established powerhouses in the process. As is the case with any new market, new opportunity emerges for those looking to profit. Which is the issue at core of Righthaven v. Democratic Underground. Take a look at the case summary according to EFF (Electronic Frontier Foundation).

Righthaven has brought over 200 lawsuits in Nevada federal court claiming copyright infringement… they create lawsuits by scouring the Internet for content from Review-Journal stories posted on blogs and online forums, purporting to acquire the copyright to that particular story from Stephens Media LLC (the Review-Journal's publisher), and then suing the poster for infringement (Electronic Frontier Foundation).

As stated best by the people over at Entertainment law update, this process (or the people known for pursuing these cases) are often times referred to as copyright trolls. While the case was ultimately dismissed, creators of the content can protect themselves ahead of time to thwart such attacks.

Provided below is a link to a step-by-step guide on how to copyright your material. I believe this an integral part of the process for any individual looking to produce music. This is especially true in cases like Righthaven v. Democratic Underground have become the norm. http://calliopebb.wordpress.com/2011/02/06/copyright-yo-shit-the-step-by-step-guide/

As always thanks for reading…

Reference:

1. Monkey Around with Copyright Law
http://www.entertainmentlawupdate.com/page/2/

2. Mark Quial - Music Law Publishing Part 1 & 2

http://www.markquail.com/podcast/rss.xml

3. “The Pope and Little Mermaid turn it up”

http://www.entertainmentlawupdate.com/2009/08/episode-4-the-pope-little-mermaid-turn-it-up-to-11/

Three Different Legal Liabilities

In this installment we will explore three fairly recent issues regarding artist (performer rights) that have arisen within the hip hop community. Many of which could have been avoided if the proper steps were taken a head of time.

Recently producer extraordinaire “Bangladesh” and record label Cash Money came to amicable terms. The parties had been on the outs for the past 3 yours due to accusations of fraud and lack of royalty payments. In their dispute the producer claims that he was not properly paid for his services, and was looking to recoup nearly five hundred thousand dollars for his part in the multi platinum album “The Carter II”. However, cooler heads were able to prevail just in time for Lil Wayne to release his 2011 follow up album “The Carter III”. For more on this topic refer too…

The Conflict “… Cash Money Don’t Pay Royalties”

http://gossiponthis.com/2010/05/06/bangladesh-wayne-cash-money-royalties/

The Resolve “Bangladesh On Resolving Issues With Lil Wayne & Cash Money”

http://slumz.boxden.com/f87/bangladesh-resolving-issues-lil-wayne-cash-money-1666941/

In similar but a very different situation all together, new-comer Mac Miller was confronted over production credits at one of his recent shows. The young emcee and his entourage were addressed by a collective group known as “Up North Productions” over something as simple as providing credits on a www.youtube.com video. While both sides claimed that they were in the right, only one provided evidence. For more on this incident refer too...

The Conflict & The Resolve “Mac Miller Gets Confronted By Disgruntled Producers”

http://www.ihiphop.com/?p=67316

Speaking with video personality Jack Thriller, up-and-coming rapper Riz recently expressed his feelings on being stolen from. “Protect your ideas and keep your thoughts to yourself as much as possible cause people will steal your creativity and your thoughts are priceless” (Riz 2012). Review the full allegations at the link below…

The Conflict “Riz Claims Rick Ross Stole "Self Made" …”

http://www.youtube.com/watch?v=3zNdKk__43Y&feature=channel_video_title

The Resolve …Unresolved

Until Next Time…

Is Hip-Hop Growing Up?

Is Hip-Hop Growing Up?

Justin McWilson

Feb. 18, 2012

Recently we as fans of this ever-evolving culture were exposed to yet another beef. This time from seasoned Hip Hop veteran Common and pop sensation Drake. While conflicts over vernacular and verbal dexterity are nothing new, method by which these disputes are being handle has begun to grow in maturity with each new case. Naturally in any male driven field testosterone is bound to run ramped. However, we have finally taken a page from the high power boardroom executives and found more civilized ways to handle our complications.

While the turmoil between Tupac and Biggie Smalls (along with their perspective crews) may have been an extreme case, the sentiments from that situation remained consistent throughout the years “when at war nothing is off limits”. This was never more evident, than in the case of “Gucci Mane vs. Young Jeezy”. Both emerging talents at time (2005) allowed something as petty as royalties and song credits divert their focus from the “Industry” to handling their conflict “In-The-Street”.

While serving a six-month jail term for assault in late 2005, Davis (Gucci Mane) was charged with murder, though the charges were later dropped due to a lack of evidence. In 2009, he served a year-long county jail sentence for violating probation for his 2005 aggravated assault conviction (http://en.wikipedia.org/wiki/Gucci_Mane).

Referring back to the case of Common vs. Drake, to serve as an example as to how much the philosophy has changed in just a short period time. In late January 2012 after nearly two months of speculation Aubrey Graham (Drake) finally responded to a dis record aimed at him by Hip-Hopper Lonnie “Common Sense” Rashid. However, rather than taking the skirmish to an unnecessary level involving violence, both emcees elected to keep it on wax. None-the-less emotions took center stage as the two finally came face to face (at the Grammy Awards) for the first time since their quarrel had begun. Read more about the incident here… http://www.sohh.com/2012/02/drake_common_squashed_beef_not_each_othe.html.

While this situation does nothing to stimulate the economy, mend gender relations or create world peace. It does represent a more neutral zone for looking to invest in the culture. As well as those that make a living within it…

Unifying The Unions

Recently, we received an email from AFTRA National President Roberta Reardon and SAG National President Ken Howard. Detailed within the message, was information regarding a possible merger. However, members where told to visit each entities website to get truly informed; as the final vote lies in the hands of the members.

In acknowledgement of this momentous event we here at Music Castings sat down with a number of individuals to get their perspective on the potential merger. While the response was clearly mixed there were three areas that were consistently addressed. Below we have highlighted two of the most talked about sections within the Merger Agreement.

XI. Membership

A. Status and Conversion of Existing Members

1. On the Effective Date, by virtue of this Agreement and without further payment or action, all AFTRA and SAG members not under expulsion or suspension by either SAG or AFTRA shall become members of SAG-AFTRA in their appropriate membership classification (e.g. active, inactive, etc.) provided, however, that any person may elect to become a non-member by written notice to SAG-AFTRA (Merger Agreement).

Many of the current SAG members expressed a great deal of angst regarding this specific area. For years individuals have had to meet rigorous requirements before being given the opportunity to join this union. Members of SAG have also had to pay nearly double the initial fee of those that joined AFTRA. However, AFTRA on the other hand has for years been the alternative to waiting out the initiation process of SAG. Its requirements to join up, until recently have only been financially based. In light of these differences many SAG members are hesitant.

XIV. Collective Bargaining Agreements

C. Contributions to Benefit Funds

During the period after the Effective Date but before any merger or other combination of the Unions’ Taft Hartley benefit plans or cooperative funds, SAG-AFTRA shall use its best efforts to ensure that (1) the members of SAG- AFTRA enjoy the best available terms and conditions for their work; and (2) the amount of contributions to each of the union’s Taft Hartley benefit plans and cooperative funds remains as close as possible to the levels received during the 12-month period prior to the Effective Date (Merger Agreement).

Amongst many of the well-seasoned SAG members this was another hot button issue. However there were a number of positive points as well. To review the document in its entirety refer to

http://aftra.org/documents/Merger_Agreement_Final_Approved_120131a.pdf

A one on one with a Realtor

A One On One With A Realtor

Interviewee: Lisa Scoggins

Interviewer: Justin McWilson

This week we here at The Music Casting Network decided to sit down and discuss the topic of negotiating and closing deals. We were luckily enough to find an individual that works in the field of real estate. As part of the interview we wanted to see how she would respond to some question that we ourselves being asked... (Lisa Scoggins is a realtor based out of Nothern California, she is currently studying at the North-Central University and preparing for the broker exam).

What are some of your strengths and weaknesses?

Strengths: Working in the field of real estate has been a success for me professionally. Some of my strengths are my education background in psychology. Having this training has proven to be very helpful in working with my clients, and the community. It is important in this field to be able to understand and analyze people to the extent of being able to meet your clients needs when it comes to buying or selling a home. Another strength is the eye for details. When it comes to contracts and negotiations, it is very important to be meticulous and on your toes regarding details of a contract. Making the mistake on a contract or negotiation can break a deal. This can be very bad for the client.

Weaknesses: One thing that stands out is that organization is something I have to constantly work on. I have to go to great extents to make sure I have things organized. It does not come naturally for me. I have taken steps to remedy this problem, such as taking extra time in preparing, and have hired on an assistant to help with each step of the way.

How do you think others see you?

I do believe that others see me as a professional, who takes her career serious. Also, I am a helpful person, which is probably the reason I have chosen this career path and my education in psychology. I do enjoy helping people. There is a gratification in seeing the joy in people when I help them with their dream homes. Therefore, I would say that people see me as a helpful, considerate, and caring person.

How do you think self-confidence plays a role in effective negotiation?

I think that self confidence is important in negotiation. It is hard to take someone serious, if they seem unsure, or stumble on their words. A confident person portrays someone who has a plan, is well organized, and can lead. It would be more difficult to be persuaded by someone who is themselves unsure. If you cant be sure of yourself, how can you expect others to be sure of you.

Do you think that any of your fears keep you from being an effective negotiator? If so, how might you overcome this?

Yes, there are times when I do have doubts. This does not happen very often, but when it does I do need to reevaluate my options, and really consider that the best choice is being made. One way that I would be able to overcome this, is to do my research, be well prepared before the negotiation, and to rely on my assistant when needed.

How do you think knowing yourself will help you in your career?

Knowing myself is very important in this career. A person that is confident is a person that is secure, and has learned about themself. To know your strengths and weaknesses allows for perfecting skills such as communication, organization and negotiation. Also, knowing my weaknesses will allow me to be able to hire on assistant in the weak areas, to better meet my clients needs.

How do you think the following terms relate to you and your business...

Affiliation: An example of how affiliation has impacted me in my career, is a client who at the time, I was fully representing. I did my best to have my clients best interest in mind. However the client had been fed misleading information about realtors, and generalized these views upon me. There was no convincing the client that I was on her side and working for her, not against her. It made it difficult in making the deal go through in a timely manner, and the process got dragged out. In the end negotiations were weak, because of the continuous opposition of my client.

Autonomy: A time when my autonomy was challenged, was a friend who became a client. She came to me to assist her in the sale of her home. This was at a time when the market was declining. After going over the comps with her to set a price to sell her house, she was very dissatisfied, because in her mind, she thought her house could sell for more, based on sells in the past 6 months. However in explaining to my client that prices were declining, and her not agreeing, this caused a situation in which I was limited on my ability to do my job. It now became the decision of my client regarding the details of the sale of the home. This ended up causing a dissolution of the friendship, and it was an unfortunate outcome.

Status: Another situation in working for a friend on the sale of her home, turned out to be quite the opposite of the previous example. An old friend had information that I was working as a realtor, and contacted me to help sell her home. It was very refreshing that in this instance the outcome was quite the opposite, I was praised and there was gratitude in the information given to my client. The homes were selling for 3 times the amount she purchased her home for, just 4 years prior. This became a situation in which my clients were very pleased, and there was positive recognition on my job well done.

Role: A situation that was fulfilling in my role as a realtor, was in the helping of a widow, who had previously had lost everything due to finances, and the death of her husband. This woman had suffered years of struggle, and suffering. Due to the unfortunate accident of her husband, and the settlement she accrued, her situation took a turn. Being able to provide the service to her in helping her find security in the purchase of a home, for her and her child was rewarding that I was able to help this women in the process of easing a burden of finances at a time when she needed security the most. There was no way that I could do anything to ease the pain of her losing her husband. I was able to however assist in helping this women ease the new burden of providing for her son.

Please Listen To My Demo

www.PleaseListenToMyDemo.com

Recently I was browsing the Internet, in an attempt to discover what type of tools there were out there for artists looking to get their music heard. Then on a fluke I came across the web site www.PleaseListenToMyDemo.com. Here on the site they promise individuals that they will rate songs and give feedback from industry insiders. This was extremely similar to promises offered by the Akon endorsed Digital Hit System or DHS. Considering the fact that we here at the Music Casting Network are aiming to also fulfill a similar void in the market. We felt that it was only right to fairly assess other tools of the same nature.

After taking the bait I reviewed the information on the sites ‘about’ section. It turns out this company also took the route of acquiring a marquee name to help solidify their movement. However, rather than using an artist (which may have resulted in mixed reviews) they chose one of the most notorious urban music executives, Chris Lighty. According to the site Lighty has been an instrumental factor in the careers of many of hip hops elite.

“In an era when label CEO's drop albums, romance pop-stars and parlay their mogul-dom into multiple endorsement deals, Chris Lighty, CEO of Violator Management, is a bit of an anomaly. Since 1989, his company has been stealthily creating strategic multi-million dollar opportunities for its artists' – among them 50 Cent, Mariah Carey, LL Cool J, Diddy, and Soulja Boy – in the areas of film, television, advertising, sports and finance” (www.pleaselistentomydemo.com).

You can read more about Lighty at http://www.pleaselistentomydemo.com/about/

While the site offered a very influential name drop with Chris Lighty, the set backs were evident as well. They were not able to point out any known success stories attributed to the network. Aside from, that the $10 per song submission fee served as the sites own deterrent.

Hit Lab Competition

Recently world-renowned recording artist Akon took part in administering a competition. With the use of various social media networks, he was able to spread the word of this event extremely fast. His promo for this activity began with a simple video uploaded to the popular media based site YouTube. Then linked was linked to his various other social pages to create a platform.

Watch the video here:

In his video he briefly explains the motivation behind the competition. However what isn’t highlighted on the surface is the utter amount of self-interest being also at play. By masquerading his motivation as an “opportunity for emerging talent” he also finds an added outlet to continue his brand.

The contest allows artist of all genres to submit songs into a database coined as the DHS (Digital Hit System). Then, the machine (which is said to be incredibly accurate) calculates the hit potential of the entree. Ultimately, the winners of the competition are flown out to the Grammy’s to walk the red carpet and perform their music on national television.

For complete rules: http://www.facebook.com/hitlab?sk=app_271786972853587

While reading the guidelines and (possible) rewards even the most skeptical of individuals would be enticed. How ever from a marketing perspective one must display complete amazement. In one deadly swoop this company has established a market, locate a fan base and ultimately secured a brand.

An avid reader of “The 48 Laws Of Power” by Robert Greene, I feel these guys have (and continue to) exemplify a number of crucial laws in their attempt to solidify themselves as a reputable company. The fact that they were able to down play the notion of brand promotion (of DHS) and focus on the opportunity being was pure genius.

Law 3

~Conceal Your Intentions~

Keep people off-balance and in the dark by never revealing the purpose behind you actions (Green 2000).

Reference:

Greene, O., & Elffers, J. (2000). The 48 laws of power. Penguin Putnam.Retrieved from http://books.google.com/books/feeds/volumes?q=0-14-028019-7