Copyrights, 360 Deals & Royalties

Entertainment law is an important aspect of the entertainment business industry. It is applicable to the film, music, and events businesses, and all those branches that nourish the entertainment industry. To assist in the dissemination of the legal significance of these businesses, experts have decided to study and share their knowledge. That is why we have the collaboration of Gordon P. Firemark with Tamara Bennet, who maintain a website full of podcasts for the benefit of all those who work and study law entertainment.

Firemark’s Episode 23 podcast talks about the copyright laws. Through out the discussed cases like Who Wants to be a Millionaire vs Disney, the Marvel Comic dispute, and the Wizard of Oz lawsuit, Firewark highlights terms like the lack of matter jurisdiction and the copyright's function. This is basically behaving as a set of legal rules and principles, which governs the moral and economic rights that the law grants authors (copyright).
His next podcast, Episode 29, has to do with 360 deals. For this episode a special guest participated, named Aaron Jacobson. She represents entertainment professionals like producers, musicians, companies and other performers. About the 360 degrees deals, Jacobson says that these are record agreements where record labels have the opportunity of owning and sharing all the profits and income or part of it of the artist career. Here it is included publishing and copyright termination.

Another Firemark podcast is Episode 32, having to do about royalties and cancelation proceedings. With Eminem's dispute about his digital album downloads, it is discussed the importance of clearly establishing royalties. Royalties are the payment made to an owner of a copyright, patent or trademark, so in exchange is enabled the right to exploit or use of certain resources. About cancelation proceedings, Firemark discusses a cancelation issue with Lady Gaga. He highlights the importance of having cancelation clauses in all contracts so any dispute may be resolve as easy and quick as possible. These clauses can even avoid possible lawsuits. 

Even though my business plan is more focused in the event industry, still these activities are part of the entertainment industry and need to be backed up by entertainment laws. Events need the affiliation of many companies to work together to execute events and these affiliations are done contractually.  

Industry Liabilities: Artists and Their Lawsuits

A lawsuit came along against the Canadian pop singer Justin Bieber. During his presentation in July 2010 in the city of Oregon, thousands of fans went to his concert to enjoy his music and live performance. The venue was full with frantic screams, almost suffocating most of the presents that felt uncomfortable with the chaotic noise. Allegedly the situation got worst when Beiber got up a platform, which directed him above the audience serving as a conduit to expand more decibels.

 Taking his daughter to see her idol, mom StaceyWilson Betts was one of those stressed victims intolerant to the screams. She now claims that since that concert she has been partially deaf and suffering from tinnitus disease. She decided to demand the artist and the concert promoter for 9.2 millions.

I do not think this lawsuit will benefit Wilson. Who can control thousands of frantic fans extremely excited because they are seeing their favorite artist? In the other hand, who can blame her? I do understand she feels the artist is responsible, but truly, fans’ screams are something that nobody can control during a concert.

Another lawsuit took place between Latin actress, singer and businesswoman JenniferLopez and her former driver Hakob Manoukian. She accused him from extortion after allegedly he threatened her of divulging personal information and secrets about the artist. The extortion came along after apparently Lopez and her manager breaking the deal without justification and for not paying overtime.

Many times these discrepancies arise because of the lack of communication and honesty. Eventually, Lopez and her manager failed for not meeting their part of the contract. But it was beyond from human to be extorting with personal information. So, in general for me it was a good decision that Lopez decided to demand him.

Recently the Puerto Rican producer Roberto Morgalo sued the Panamanian singer Ruben Blades for defamation. Morgalo accuses Blades for declaring defamatory accusations and attacks against the producer. To this lawsuit Blades countersuit Morgalo, where the Federal Courts of Appeals said that the “federal judge for the District of Puerto Rico abuse its discretion in dismissing the defamation lawsuit against the singer Ruben Blades”. This means that the original demand returns to the Federal Court in Puerto Rico.

It is really sad seen such behavior between professionals in the entertainment industry. I think it was a good thing that the lawsuit returned to the Federal Court. I am more than sure that the whole case will now be investigated in more detail. 

Big Time Rush in Puerto Rico

American pop band Big Time Rush will delight their Puerto Rican fans this Sunday, August 26, 2012 at the Coliseum of Puerto Rico Jose Miguel Agrelot. The show is scheduled to start at 7:00 p.m. These guys are also the stars of a Nickelodeon music and comedy TV series launched in 2009. Their visit to the island is part of their summer tour called Big Time Summer Tour, where they are visiting more than 50 cities through out United States, Canada and the Caribbean. The tour began July 5, 2012.

The band was created in Los Angles, California (in 2009 too). It consists of four members: Kendall Schmidt, James Maslow, Logan Henderson and Carlos Pena Jr. Kendall is consider the leader with his great dance moves, while keeping the unity within the band. James is consider the “ladies’ man”, a guy full of confidence and good looking. Logan is the smart brain of the group, always known for solving the guys’ problems. Carlos is the clown and fight-picker of the group, but has a great heart. Each personality combines to create a perfect balance for the group. This combination is one of the factors that have ensured their success.

Representing music genres like Pop, R&B, Rock, and Dance they have sold more than 900,000 digital singles. These singles include songs like "Love Me Love Me", "Show Me", "Show Me", "Cover Girl", "Invisible", "Music Sounds Better With U". Some of their singles have even top Billboard charts, especially launching their first album in 2010 called BTR. Their second album called Elevate was launched in 2011.  

Puerto Rican event promoter Jose Dueño has taken the initiative of bringing these guys to Caribbean territories, visiting our island. With more than 20 years of experience in the Puerto Rican event industry, Dueño has brought both national and international artists and shows to the island, including the famous Cirque Du Soleil: Dralion (present in the Coliseum past October 2011).  Big Time Rush ticket selling started March 10 and ticket prices range from $45.00 to $95.00. 

Waldo Diaz Group

Artist management is a popular practice within the entertainment industry. Every artist needs a professional in such field to take care of his or hers businesses, career and finance. Here in Puerto Rico such career is peaking up as new artists are rising and choosing the path of entertainment as their professional career.

Waldo Diaz

An important and prominent Puerto Rican artist manager and communication specialist is Waldo Diaz. The complete name of his entertainment company is Waldo Diaz Group (WD Group). Interesting about his services is that his company includes all aspects of integrated communication strategies, like:

·      PR consulting

·      Marketing Plan and Strategies,

·      Press Coordination (Media Conferences and Tours)

·      Event Planning

·      Promotional Campaigns

·      Social Media Design, Creation and Management

·      Photo-shoot Coordination

·      Image Consulting

·      Crisis Management

These integrated communication strategies are a division within Waldo’s company. This division is called Origami Creative Boutique and has worked with clients like the Puerto Rican Muscular Dystrophy Association, Dorito, Luis Antonio (Puerto Rican fashion designer), Pan American Grain Company, the Puerto Rican Association for Down Syndrome, Presidente Dominican beer, and Victoria Secret.  

The other division of WD Group is Waldo Diaz Entertainment. This division specializes in the image, Public Relations and talent management of artists. As a talent manager, he is charge of the careers of Latin superstars Dyland & Lenny, Angel & Khriz, Ivy Queen, Fico, Jorge Alberti, Karla Monroig, Melissa Marty, Monica Pastrana, N’Klabe, Rebecca Pla, Wida Lopez, and Sonya Cortes. Interesting about his career is that Waldo has not only focused in music artist and singers, but in models, reports and MC’s careers as well, including the fashion designer Alesi Diaz, which is another of Waldo’s past clients.

What has made Waldo so successful is creating a complete communication-industry company. He has joined integrated communication services with talent management to offer artists and companies a complete and reinforced communication service. This combination has taken Waldo’s company to the top of the Puerto Rican entertainment industry. 
Even more, he also has a TV program transmitted in Punto2 of Telemundo, called "Here is Waldo". The program is a reality show where he presents what is going on inside his company and how he manages his career as a PR and talent manager. 

Carlos Javier Milanes: 360 Group & Entertainment to the world!

Young producer Carlos Javier Milanes has dedicated for the past 5 years into improving the Puerto Rican entertainment industry radically. Being 22 years old, he is already the founder and CEO of 360 Group & Entertainment, a Puerto Rican entertainment company dedicated to the TV production and talent management. Carlos has also stood up as a media representative, MC, and reporter for different type of special events.

During his bachelor’s degree, he was the executive producer of two student television programs: “360, Un cambio Radical” & “Nueva Cepa”. Nowadays under the umbrella of his company, his has produced the new reality TV series “Quiero Ser Un Host” (I want to be a host), where the life of 6 recently graduates in Communications is seen as they struggle to achieve their dream of becoming hosts and MC’s. The program was launched May 14 at 10:00 p.m. in the Telemundo channel. Besides his collaboration to the Puerto Rican TV industry, Carlos and his company also manages the recently launched urban musical group G-ONE, composed by former dancers of other Puerto Rican urban music artists.

Being the company’s owner, artists’ manager, part of the cast and executive producer of his own reality TV show has not been an easy job for him. And here is where he practices negotiation tools everyday to find partners and sponsors willing to invest in each project to ensure their future and success. Negotiation is a normal and regular part to his business and projects.

So, to understand more about how negotiation is important to him and to his career as a professional producer, the following was asked:

Gloriana: When going to negotiation, how do you separate the people form past issues or problems?

Carlos: Since the moment that I seat to negotiate, the one sitting there is not Carlos Javier Milanes actually. He transforms into another man. I push a delete bottom to block all personal issues and feelings with that other party that could affect the negotiation. By these means, I can work and negotiate the most professional way possible.

Gloriana: How standard fairness and outside evidence helps you at the table of negotiation (objective criteria)?

Carlos: If there is something I’m good at is in knowing how my industry is functioning and its precedents. I always try to know everything, so if an opportunity is given where I have to change something from my offer, I will adapt to whatever the other party needs in order create more benefits to them. This is basically a marketing principal: create desires before the needs.

Gloriana: What does mutual benefits means to you in the negotiation process?

Carlos: When my turn comes along to talk and expose my case, I intent to point out everything in the less time possible. As long as the other part is asking me, I will start exalting them with surprises (basically leaving the best for the end). While answering, is when I come up comparing the situation with competitors, and exposing how the other part will be beneficiated with my offers. Knowing the completely behavior of my offers grants me the opportunity to adapt it to achieve mutual benefits.

Gloriana: What strategies have you adapted when positional bargaining comes along?

Carlos: Mostly, I appeal to the other party’s feelings. Still, I become stronger presenting the benefits they will receive by obtaining my offers. I let them see that otherwise, the party can incur in less cost-effective alternatives.

Gloriana: What has been the biggest challenge when negotiating?

Carlos: To achieve that the parties see me as a professional adult, and not judge me because of my age.

    

Young professionals as Carlos have demonstrated that there is no exact age when there is hunger for dreaming and success. Clearly his negotiation skills has helped him achieve many goals at such a young age. He should be considered a role model. 

Event risk management plan: ACTION!

Puerto Rican Latin music star Andy Montañez and his managers had to postpone his concert (planned to be held in the Coliseum of Puerto Rico Jose Miguel Agrelot) after suffering a serious transit accident in Colombia last April 30. The concert was originally dated Saturday May 26, where he would celebrate his 50 years of participation in the Latin music industry. After one of the tires of the bus where he was traveling with 4 musicians exploited, the bus left the road, hit a tree, and overturned. The accident caused the singer a trauma in his spine and severe lacerations in his body and right foot. The artist was the most injured of all the affected.

After being attended in the Santa Teresa de Fundacion Clinic, Dr. Reynaldo Ferrerira (emergency surgeon) said that despite the lesions and the operation that had to be performed to fix the foot, he is stable and out of danger. Still, medical studies have been done to monitor the artist’s spine and general health.

How unexpected incidents like these affect event management? Tropical Productions, company in charge of the concert’s planning and coordination, had the obligation to postpone the long-awaited celebration of Andy’s 50-year career in the music industry. The concert was rescheduled, and will be performed July 14 at 8:30 p.m. (in the same arena). The tickets that have already been sold for the original concert will be accepted and honored. The ticket price range also remains the same, starting in $ 25.00 to $ 65.00.

Besides responding to an event planning and coordination, event planners must implement a risk management plan to solve situations like these. There are times where the guest talent cannot participate anymore in the event for reasons beyond his or her control (like Andy’s case). To know what to do when uncontrollable incidents happen, a risk management plan will identify possible risks to develop and implement programs to protect the organization and prevent event loss.

More structured it is important to assess and evaluate to identify, analyze and prioritize potential risks; select the methods to prevent the event and the company’s loss; implement the best methods; monitor results; and modify if is needed.

FIBA Americas 2012 Male Centrobasket

An upcoming exiting event is this year’s Centrobasket male tournament to be held in the Coliseum of Puerto Rico Jose Miguel Agrelot. This tournament is sponsored by FIBA Americas (Pan-American Basketball Confederation), a non-profit organization created by FIBA (International Basketball Federation) to represent the federation in the Americas. FIBA Americas has jurisdiction from Canada to Argentina.

Hosting the event is de Puerto Rican Basketball Federation. The games will be held from June 18 to June 24, presenting 10 international teams which are: Dominican Republic, Bahamas, Mexico, Panama, Costa Rica, United States, Virgin Islands, Jamaica, Nicaragua, and Puerto Rico. In May 9 draws were made in the Puerto Rican Olympic House to divide the teams in two groups. Team A is composed by: Puerto Rico, Bahamas, Cuba, Panama and Nicaragua. And in Team B there is: Dominican Republic, Virgin Islands, United States, Jamaica, Costa Rica and Mexico.

The tournament is a full-house event. The price range goes form $5.66 to $32.13. The games scheduled from Monday to Friday will start at 1:00 p.m. Those assigned to Saturday and Sunday will start at 6:00 p.m. In these two days the semifinals and finals will be presented.

The Coliseum of Puerto Rico, the principal multipurpose arena of the island, will be filled with Olympic colors to present to all sport fans one of the most important international athletic events. Fortunately, the Puerto Rican national basketball team is last year’s Centrobasket gold medalist.

Important about these types of events is the message that can be transmitted. Besides being a cultural event that brings together hundreds of talented people, it also demonstrates the diversity of events that can be done. General people think mostly about concerts the first time that they hear the word “event” or “event planning”. The reality is that events like this tournament help the multicultural integration by merging many countries in a specific place. This is one of the event planning purposes: enriching its participants and attendees trough entertainment.