Sunday, June 23, 2013

How Entertainment Lawyers Work Part 4

Choosing an Entertainment Lawyer

 
If you're a musician or an actor, you probably didn't think about the importance of having an entertainment lawyer until you had a contract to sign. Once you signed, you'd be bound by the contract's terms. Suddenly, looking at those terms, you knew you needed a lawyer to look it over and make sure everything worked as much to your advantage as possible. Perhaps your agent could offer an opinion, but a lawyer would have more expertise.


In looking for the right entertainment lawyer to meet your needs, you'll want to consider the following about the lawyer or firm:
  • Expertise -- Look for someone who has the specific background you need, in this case, handling contracts within the music industry.
  • Experience -- Focus on finding a lawyer or firm that has years of experience in the area you need.
  • Cost -- Decide which form and level of billing suits your needs best. Entertainment lawyers may bill on an hourly basis for work completed, as a percentage of the income from a contract, as a flat rate per contract or as a retainer (set fee per month). They also may use value billing to set a fee based on the size of the deal and the lawyer's contribution to it. Make sure you know about any hidden costs beyond fees, likes charges for long-distance phone calls, messenger service and photocopies.
  • Conflicts of Interest -- Check to make sure the lawyer does not represent anyone who would be on the opposing side of the contract or have a close relationship with them.
  • References -- Request and check references for clients similar to yourself in terms of needs and years in the business. You'll want to know how responsive the lawyer is about returning phone calls or e-mails and how quickly he can get your job done.
[sources: How Recording Contracts Work and MusicBizAcademy]
Here are some suggestions on finding an entertainment lawyer:
  • Network! The entertainment industry runs on contacts, and a colleague or someone further along in his career may have used a lawyer that would work well for you.
  • Use an industry database. In the music industry, for example, StarPolish offers a database of lawyers offering services related to music publishing and copyrights.
  • Check ads in industry publications like Billboard.
  • Contact the ABA's Forum on the Entertainment and Sports Industries or a law school's entertainment law association or publication, such as the UCLA Entertainment Law Review.
Regardless of the entertainment industry you call home, an entertainment lawyer can help you to protect your interests and move ahead in your career.

For lots more information about entertainment lawyers and related topics, check out the links on the next page.

How Entertainment Lawyers Work Part 3

Specializations of Entertainment Lawyers

 
Subtleties among the various entertainment arts call for specialization, as do the client's specific legal needs. If your band is signing its first recording contract, for example, you want an entertainment lawyer who focuses on the music industry and contracts, not a film or publishing expert. If someone has lifted some of your song lyrics, you want an entertainment lawyer with expertise in both music law and intellectual property -- and you may even need a litigator who can take the music thief to court.

One way of looking at the specialties of entertainment lawyers is to take a by-industry approach. Here are some of the areas lawyers may handle for each industry:
  • Film -- Contracts with stars and other talent, labor negotiations with various union crews and employees, financial backing arrangements, distribution agreements, equipment and space rental, production liability issues, merchandising and product placement, and copyright and trademark issues.
  • Theater -- Contracts with talent and crew, rental and co-production agreements, producer agreements, production liability issues, ticket sale agreements, and copyright and trademark issues.
  • Music -- Contracts with record labels, managers, agents, concert promoters and concert producers; tour crew agreements and equipment rentals; recording studio rentals; music licensing and royalty agreements; and copyright issues.
  • TV/Radio -- Contacts with talent and crew, production studio and network agreements, distribution agreements, broadcast licensing and regulatory issues.
  • Digital -- Space and equipment costs, employee contracts, talent agreements, music and image use agreements, licensing arrangements, and copyright issues.
  • Publishing -- Production contracts, author agreements, advertising and marketing agreements, and copyright and trademark issues.
Another way of splitting up the specialties to look at the type of law being practiced. Attorneys divide the practice of entertainment law into two basic categories: transaction-based and litigation-based. Transaction-based focuses on drafting and negotiating entertainment contracts, while litigation-based means resolving disputes by filing a lawsuit or though mediation or arbitration.

More specifically, an entertainment lawyer can focus on any or several of many practice areas: intellectual property, corporate law, labor law, arbitration and alternative dispute resolution, litigation, estate planning, real estate, criminal law, international law, matrimonial law, taxation and immigration.

Larger entertainment law firms are likely to offer a wide variety of these specialties. Smaller firms may be more focused on a specific area, such as writing and negotiating contracts. Litigation is often handled by a separate, specialized law firm.

Perhaps your biggest concern is finding the right entertainment attorney to help you with your needs, such as negotiating a contract with a record label. Keep reading to find out how to choose an entertainment lawyer.

How Entertainment Lawyers Work Part 2

Job Description of an Entertainment Lawyer

 
Being an entertainment lawyer may seem like a glamorous career that offers a way to rub shoulders with celebrities and up-and-coming artists. While that may be true for some successful lawyers, entertainment law is a demanding career that requires a firm grounding in legal areas like contract law, labor law, litigation and intellectual property, as well as extensive knowledge of how the entertainment industry works. Bear in mind, too, that plenty of would-be entertainment attorneys are jockeying for a limited number of jobs in the industry.

Entertainment lawyers provide legal help for artists, employees, companies and individuals involved in all areas of the entertainment industry, including film, radio, television, music, publishing, theater and digital or multimedia entertainment like video games.

This could mean helping an actor negotiate a contract with a studio, filing suit over a pirated film, ensuring that stuntmen have adequate medical coverage, overcoming an impasse in union contract negotiations, assisting a young recording artist with financial or real estate decisions, protecting a recording star from illegal use of a copyrighted song or even preventing invasion of a client's privacy [source: Lawyers.com].

Here's a list of activities that might be part of an entertainment lawyer's job description:
  • Draft contracts for a client, review contracts from managers, publicists, record labels, film studios and others to make sure they're legal and fair to the client and then negotiate those contracts.
  • Maintain relationships with studios or record labels and be aware of who's influential and what deals are being made in the industry. Having strong contacts can help a lawyer get a deal done quickly, while knowledge of what's being offered elsewhere can help the lawyer get the best deal for a client.
  • Help clients new to the industry understand how the business works, including which types of contracts to choose, how to identify pitfalls in business deals, what performing rights they have and where to find a manager, agent, accountant or other business contact.
  • Act as general counsel for established artists, helping with marketing and merchandising deals, as well as real estate transactions and tax issues.
  • Help artists secure the rights to use music that other artists have written, complying with copyright laws.
[sources: MusicBizAcademy, Randy Jackson and K.C. Baker, William K. Gibson and Reid F. Trautz]
Like any other lawyer, an entertainment lawyer has spent three years earning a law degree after receiving a bachelor's degree. But an entertainment lawyer has chosen to specialize, probably graduating from a law school that offers a specialization in entertainment law. Some of the top schools are University of California at Los Angeles, University of Southern California, Stanford University and New York University. If you're interested in this type of law, look for a school that offers entertainment law courses and has an entertainment-focused law review or association [source: Top Law Schools].
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After finishing school, an entertainment lawyer usually works for a law firm specializing in this type of law. Most of these firms are located in Los Angeles (music, film and television), New York (music, publishing and theater) and Nashville (music). Young attorneys start as associates, and partners direct them in writing contracts and assisting with negotiations. Because of the limited number of spots, the large number of available attorneys and nature of the entertainment industry, moving up often depends on the relationships and contacts that an attorney can make [source: Mark Litwak's Entertainment Law Resource].

Interning in an entertainment firm before law school and during summers, volunteering with a pro-bono organization like California Lawyers for the Arts and joining groups like American Bar Association's Forum on the Entertainment and Sports Industries can all help a lawyer make industry contacts.

Not all entertainment attorneys have the same job description. Let's look next at the different specialties that entertainment lawyers can have.

How Entertainment Lawyers Work Part 1

Rapper Nas (Nasir Jones) delayed an album's release for months while he lobbied to have the n-word used as its name. But even with seven previous platinum albums and no illegality noted for his chosen album title, which has been used before, he couldn't get the concept approved. He ended up calling the album "Untitled" and using cover art with a graphic allusion to slavery [source: USA Today].

A writers' union strike crippled the 2007-08 television season, leaving viewers with less to watch, networks scrambling for offerings and cancellations of series that didn't have a chance to show their stuff. During the next summer, a possible actors' union strike threatened to have a similar effect on the following TV season as well as derailing movies that are planned or in production [source: Associated Press].

A lawsuit by Viacom against Google, parent company of YouTube, accused the video site of copyright infringement for hosting videos lifted from copyrighted TV shows. But with movie studios, record labels and individual artists using YouTube to promote their latest offerings, how can YouTube weed out piracy dropped on the site by users? And what is its obligation to do so? [source: CNET]

These three examples show some of the work that an entertainment lawyer may do. All of these -- research on a potentially incendiary album title, contract negotiations and a copyright infringement suit -- require experts who know the law and can protect the rights of companies, unions, artists and the public. But lawyers do plenty more in all areas of the entertainment industry, sometimes even acting as agents helping artists manage their assets and careers.

You may be wondering: What else does an entertainment lawyer do? What areas of specialization are available? How does someone become this type of lawyer? And, if you are in the music, TV or film industry, how do you select the right entertainment lawyer for your needs? Read on to find out.

EXCLUSIVE: Everything You Need To Know About the Music Business

Keith Harris is a former general manager of Motown Records, a veteran artist manager [he represents Stevie Wonder] and director of performer affairs at collection society PPL [www.ppluk.com] which sponsored this panel.

In this talk he excels at meeting the challenge to sum up Everything You Need To Know About The Music Business in under an hour.

The moderator is Wide Days co-organiser, Keith Harris.
 
CLICK HERE NOW:
http://www.youtube.com/watch?v=RwBDkI6ngc4
 
 

Thursday, May 16, 2013

Social Media Marketing – Redefining “Return on Investment”


Social Media Marketing ThermometerIn business, return on investment – or ROI – traditionally translates to “How much money did we make on that promotion or venture?” This doesn’t translate so neatly to a social media marketing campaign, or your general social media efforts, because at its heart, social media is a conversation tool, not a sales tool.

Because of this, many musicians, entrepreneurs, and even well-established brands find themselves struggling with the concept of spending hard-earned (and limited) funds on any sort of social media marketing strategy. It’s understandable. If you invest $1,000 into a promotion, wouldn’t you like to know that you’ll be able to draw a direct line to the resulting revenues that are made from album sales, ticket sales, merch sales, etc.?

It would be nice, but the truth is you probably won’t be able to. The purpose of social media is not, in and of itself, to increase sales. Social media is a suite of tools that can be used to engage with a target market. It exists to help people, bands, and brands reach out to existing and potential fans to:

  • Have conversations
  • Build trust
  • Increase visibility and influence

So the question becomes: “If social media has no direct relationship to sales, how do I measure its ROI?” It will help if you start by defining realistic expectations of your social media marketing campaigns so you can effectively measure the ROI of your social media efforts.

Market research
As an emerging musician, understanding who your fans are can help you on every level. From putting together a content strategy, to creating a product line, to planning a tour, and even the set list for each show, understanding exactly who your fans are, where they live, what they are interested in, and what drives them can help you take the guess work out of how you present the public face of your act.

Whether you are focusing your marketing on a local, national, or even global scale, social media has the power to do just this and should be considered as a critical focal point of any social media campaign.

What is your ROI here?
A better understanding of your target market helping to you create a more direct path to a successful, sustainable fan base.

There are several things you can examine that will help you to better identify your fans:

1. Demographics (age, location)
Understanding the age and location of your fans will help you to book shows more effectively and develop products (e.g., merch, formats for your music) that are most appropriate for your fan base.

This information is quite easily obtained online, as most social media platforms give you at least basic analytics that include demographics. However, if you’re looking for a more robust set of tools, there are dedicated analytics services available such as Next Big Sound and Hootsuite that allow you to drill down deeper into your target market to get to know them better.

2. Psychographics (attitudes, interests, values)
Understanding the interests, values, and attitude of your fan base is the key to creating a consistent, compelling content strategy, which is critical to building your band’s visibility, relevance, and influence online.

Finding this information online may take a bit more digging. The most obvious and direct way to find this information is to simply ask your fans by way of a survey. Two inexpensive survey options are Survey Monkey and Poll Daddy, which can be shared through all social platforms as well as your blog and newsletter.

Of course, another way to find this information is to take a sample of your fan base and explore their social media habits:

  • What pages have they “liked” on Facebook?
  • What topics are they tweeting about?
  • Do they like sharing photos?
  • What is the subject matter of the content that they are sharing online (personal, tech, entertainment, religious, political, etc.)?
This may take time, but doing a survey as well as taking a sample and diving in further can help you identify key psychographics that were previously hidden to you.

3. What time (of the day AND day of the week) your fans are actually online
Critical to building engagement is understanding exactly when your fans (or target fans) are actually online to maximize your efforts and make sure they’re receiving your message. There are too many studies that show conflicting data regarding when you should post, tweet, or email, and that is because each market is different. You need to know when YOUR fans are online, not when “the average person” is online.

There are services available, such as SocialBro and Crowdbooster, that can analyze your posts, tweets, etc., and tell you exactly which times are the most likely for your content to be engaged with.

Capturing “super fans” via a mailing list
Once you have identified your fans, the next logical step is to find a way to capture their email addresses so that they can be marketed to directly for things like new product releases, tours, and whatever exclusive offerings you can come up with.

This is done most effectively by capturing your fans through a mailing list, which is ultimately the ONLY way to achieve direct interaction with your fans because, remember, your fans have to be online in order for your posts to be engaging. Online posts are often missed, but a direct email will be waiting for your fans in their own personal inbox.

This action of capturing fans is a fantastic way to frame a social media management campaign as it can give you a tangible number to focus on – building your list is a growth percentage number that actually matters.

What is the ROI of a social media campaign that focuses on building mailing list subscribers?
In short, it’s the ’80/20 rule.’ This economics concept, which states that 80% of the world’s wealth comes from 20% of the world’s population, can be translated to the music business – 80% of a musician’s revenue will come from the top 20% most loyal fans.

Whether these percentages are exactly correct or not isn’t the point. What IS the point is that if you can find and capture your most loyal fans, you have a way to directly interact with and sell to those who are likely to make up the majority of your overall revenue.

There are almost too many email management services to name, but Fanbridge, Reverbnation, and Mail Chimp are all great options for musicians looking to build a mailing list and start a newsletter.

Each of the above services all offer something called an “e-for-m” widget (email for media) that allows you to offer your fans some piece of media, be it a song, video, PDF, etc., in exchange for an email address.

This widget can be embedded into your website, blog, Facebook fan page, and anywhere else that allows you to use HTML embed code (similar to a YouTube video). The trick to effectively capture your super fans is to:

1. Offer something exclusive and worthwhile. Email can be a very personal thing since it goes with people everywhere they go. Fans need to feel like they are truly getting something of value in return for giving their email address away.

2. Maintain an active newsletter. This means that once per month, you should have a newsletter that is sent out with a personal message, exclusive content, and one specific call to action. (NOTE: For a newsletter, more is NOT better. Unless you have content to support your outreach, sending out a newsletter too frequently can result in a large number of unsubscribes).

Engagement and chatter
If the fundamental purpose of social media is to be a conversation tool (not a sales tool), than an obvious frame for a social media campaign should be just that… measuring the level of conversations that take place because of the campaign.

These conversations can be broken down into separate categories: engagement and chatter. Engagement is the internal conversations taking place between you and your fans. Chatter is the external conversations started by others (bloggers, podcasters, fans, etc.) about you.

What is the ROI of a social media campaign that focuses on chatter/ engagement?
While this type of analysis is a bit more abstract than others that have specific, tangible results you can analyze, this campaign will give you a boost in overall visibility and influence within your niche. It is this influence and visibility (aka credibility) that is often the missing piece of the puzzle that opens doors to new opportunities that can help you take your career to the next level.

Engagement will always be most easily tracked through your own social analytics (as mentioned earlier). Chatter is a bit more difficult because this is an external conversation and won’t be tracked by your internal social analytics reports. But not to fret, there is an excellent, free option for you to use!

Google Alerts will track and report any time your name (or any other key word that you set, such as an album name, track name, etc.) pops up on the Internet. Once an alert is created, Google will report any mentions of the targeted keywords back to you via email at your desired frequency (these reports can be sent anywhere from monthly all the way down to real time, sending a new email every time a new mention is indexed by Google).

Framing social media to fit your needs
The options above are not the only ways to frame a social media campaign. The reality is that as long as you understand that social media is simply a conversation tool, and not a sales tool, you can frame a campaign utilizing these tools in any way that makes sense for your own goals and career path.

We would love to hear from all of you below in the form of a comment to discuss how YOU have framed your social media campaigns in order to effectively track ROI.

Social Thermometer image via ShutterStock.com.

Jon Ostrow is the Campaigns Director for Cyber PR. Follow him on Twitter @jon_ostrow.


Read more: Social Media Marketing– Redefine "Return on Investment" – Disc Makers http://blog.discmakers.com/2013/02/social-media-marketing-redefining-return-on-investment/#ixzz2TVfNjgNp

10 Things Bands Can Do to Book More Live Shows

Assuming that you have strong songs and an kickass live show, here are ten simple things you can do to get more gigs:

10 Things Bands Can Do to Book More Live Shows1. Create a YouTube channel for your band.

Upload a live performance video on YouTube that represents your band at its best. Include a phone number and e-mail address too, so that anyone who wants to book you can contact you easily. Say something like “Contact ________ to book us for a live show.”  To show professionalism and interest, try your best to respond to every inquiry within 48 hours.

2. Print up nice business cards

…with your band name, links to your music, live videos, and a phone number and e-mail address that can be reached for booking purposes. Also, include a link to your website so they can learn more about you. You’d be surprised how many bands STILL write down their phone numbers on dirty napkins and torn pieces of paper. Wherever you go, tell people who you are, how good you are, where you are playing next, and how easy it is for them to book you directly.

3. Go watch other bands that sound like you.


If there are any bands in your area with large followings, get out to a couple shows and become friends with other bands. Ask the bigger bands to let you open for them, maybe in exchange for some kind of help like designing a website, flyer, banner, etc. The harder you work for a band bigger than your band, and the more respectful you are to them and their efforts, the more likely they will consider you for an opening slot. Talk up how good your band is and why you are better than similar bands in the area.

4. Tell your fans how easy it is to book you.

Wherever you play – the street, house party, club or major venue, make sure your fans are aware that you’re willing to play anywhere. After playing a gig, you should walk around the audience, engage people, ask them what they thought of the show, and let them know you are available to play live anywhere they want you too. Telling them that will definitely help you stand out from the pack.

5. Get guerrilla.

Set up wherever there is a crowd of people who might like your music and play for them. Club, high school, venue, and stadium parking lots. How many tailgate parties do you think would love some free entertainment? Play outside clubs where bands are playing that fit in with your style of music. Those people waiting in line are going to be bored, so playing a spontaneous gig right on the spot will definitely make an unforgettable impression.

6. Don’t forget the old school.

Hand out flyers and post cards at events that have a link to free stuff and a way to book you for a gig.

7. Network with key industry people at events and conferences.

Radio PD’s and DJ’s, club owners, band managers, label executives, and others all attend music conferences quite regularly. Say hello to these people, maybe buy them a drink or dinner, but don’t make a nuisance of yourself. Respect their space and don’t try shoving a CD in their face two minutes after meeting them. Introduce yourself casually, let them know who you are and where they can see you play. If it’s a club owner, tell them you would love to come in during the day and do a free audition for a free gig. Just make sure you can get a place to sell your merchandise if you nab a gig. Offer to play at places that may not always host live music, like restaurants, coffee shops, stores, and malls.

8. Get creative.

Write up a proposal and present it to the appropriate person at your local school board, offering to do a series of free shows to raise money for the school athletic or band program. Ask to perform during a school assembly when they can provide you with a built-in audience.

9. Find places where bands similar to yours play.

Use the wide variety of gig finding services available on the internet to figure out where local bands around you are getting gigs. E-mailing clubs with your RPK or EPK usually won’t get any results, because many venues get tons of similar e-mails and it will be really easy for yours to get lost in their inbox. Instead, after finding some good places, print out your press kit and mail it to them, or better yet, personally drop it off it in a nice professional package along with a CD to any decision maker at the club. Follow up with a call within a couple of days so you stay fresh in their minds. If the decision maker has an assistant, get to know that person and you will find that it will be much easier to get in the door. If you email them anything at all, make it your MySpace link along with a concise paragraph stating why they should book you. For some reason, most clubs still feel most comfortable checking you out on MySpace, so play by their rules.

10. Do a gig swap!

If you have a respectable following or are an up and coming band try gig swapping with a band in another city or town.  Connect with a band or musician on MySpace, Facebook or one of the many gig swapping websites, like Indieonthemove.com or Splitgigs.com. Set up a show in your neck of the woods and let them open for you. Make sure to bring out all your local fans and then some. In turn they’ll set up a show in their city and have you open for them. This is a great way to reach a new audience and make valuable connections.

BONUS TIP! Everywhere you go, wherever you play, whomever you talk to about your band…collect as many e-mail addresses as you can. E-mail is still one of the best ways to communicate directly with your fan base, and develop long-lasting relationships.
This post was originally published by Chris Bracco on his music industry blog, Tight Mix. Chris is currently the digital marketing coordinator for Intrigue Music, LLC, a boutique management and publishing house in NYC. Feel free to subscribe to his blog’s RSS feed, or follow him on Twitter.


Read more: 10 Things Bands Can Do to Book More Live Shows - Disc Makers Echoes http://blog.discmakers.com/2010/11/10-things-bands-can-do-to-book-more-live-shows/#ixzz2TVeXz4E3