3 podcast examples on IP

Three (3) podcast examples on protecting Intellectual Property

By: Troika K. Hanna

The podcast examples that are chosen are giving tips on protecting domain names and prevention of copyright infringement. Our first podcast example is “Oprah gests sued for publicizing author’s work.” Podcast Episode 15 (http://www.entertainmentlawupdate.com/page/6/) The example speaks of global recognized Oprah Winfrey being sued by Charles Harris, a book author. The copyright infringement is over a booklet Mr. Harris wrote entitled, How America Elects Her President. This literary work was granted registration in 2000. In 2008, Mr. Harris requested Oprah Winfrey to endorse the product on the Oprah Winfrey Show. In addition, Mr. Harris also mailed 10 copies of the literary work to Oprah Winfrey. Subsequently, a receipt of arrival of the 10 copies was never given to Mr. Harris. The filed 2010 court order illustrates that Mr. Harris wanted Oprah Winfrey to use the literary work in the, at the time, Senator Obama’s campaign.

“As Ms. Oprah Winfrey was supporting the then Senator Obama's campaign through her show--the Oprah Winfrey Show--Mr. Harris considered this a good business opportunity to widely publicize his booklet, decided to write to Defendants, and offer to include "How America Elects Her Presidents" in Senator Obama's campaign.” (2010). http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2010cv05655/393317/13/0.pdf?ts=1293876028

The podcast states that on February 2009, media mogul Oprah Winfrey, on the Oprah Winfrey Show, read or dictated questions directly from the booklet How America Elects Her Presidents of which is registered by Charles Harris. Mr. Harris was not given reference or credit as the author of the booklet during the discussion on the show. In a disagreement, the podcast states that the literary work seems to have been used in a sense of fair use. This position is also what the attorneys defending Oprah Winfrey are stating.  In addition, there is the discussion that you are not able to plagiarize if you speak information that is not yours, but there is a copyright infringement if what is stated is not referenced or credited by the author. This case has not yet been resolved, but illustrates the importance of receiving a certificate of registration for literary works. In addition, this podcast example brings to the attention a very important fact in intellectual property. Always cite, reference, or give credit to intellectual property that is owned by another.   

The second podcast is regarding a UDRP domain name issue with the franchise chain Taco Bell. “Taco Bell domain name issue.” Podcast Episode 8 (http://www.entertainmentlawupdate.com/page/8/) It is stated that Taco Bell in an add campaign used the slogan or trademark name “DriveThruDiet.com.” It is stated that Yum! Brands, the parent of Taco Bell, purchased a valid registration of the trademark DriveThruDiet.com. The dispute is that the company Georgia Weight Loss Center registered a similar trademark name DriveThroughDiet.com. Yum! Brands, was then pursuing to have the trademark by Georgia Weight Loss Center assigned over, claiming UDRP bad faith or cybersquatting. But in the podcast discussion it was stated that Taco Bell had not used the registered trademark until 2009. In addition, there is not enough evidence that shows Georgia Weight Loss Center using the trademark DriveThroughDiet.com in bad faith or to infringe against Yum! Brands (Taco Bell). Both companies are distinctively dissimilar. In this case, Taco Bell tried to claim that they had first use. However, Georgia Weight Loss Center registered the trademark DriveThroughDiet.com in 2007 and Yum! Brand (Taco Bell) acclaimed their trademark in 2008. Yum! Brands was denied request of transfer and will probably try to buy out the company for the use of the trademark DriveThroughDiet.com.

The third and last podcast is on “Photo Credit removal is DMCA breach.” Podcast Episode 22 (http://www.entertainmentlawupdate.com/page/3/) The case is between Peter Murphy and Millennium Radio Group, LLC. It is stated that the photographer, Peter Murphy, took a picture of two guys posing nude at a radio station for a magazine out of New Jersey. The picture was then taken or scanned from the magazine by the radio station, altered with the gutter credit being removed, and then allowed to be altered again by viewers using a photo image software. This act created a 1202 DMCA breach. A trial judge who dismissed the case first heard the case and stated it was fair use. However, the third circuit stated that it was an act of copyright infringement because of the removal of the gutter credit. It was stated that the gutter credit was the copyright seal of the photograph. The listed link (http://www.ca3.uscourts.gov/opinarch/102163p.pdf) gives the summary judgment between Peter Murphy and Millennium Radio Group, LLC.

The podcast examples are keen tips and concerns one must take into consideration when starting a business, registering a domain name, or using intellectual property. It is very important that credit is given at all times when dealing with intellectual property. In each of these cases there is an illustration of how minute or subtle of an alteration to a pre-existing intellectual property can create a cause infringement or arbitration.

2012 Intellectual Property Lawsuits

The three articles I chose to research and speak about are: “Trayvon Trademark? An ATL Debate,”  “Fake Filesharing Lawsuits? Dang, That’s Devious,” and  “Kenny Rogers accuses Capitol Records of failing to account for digital music sales.” I chose these recent articles because they speak of aspects that are needed for a startup business.   

The first article is a trademark filling for Trayvon Martin. His mother secured the application for “I Am Trayvon Martin” and “Justice for Trayvon.” I found this to be very interesting and wise as a mother who has lost her son. Though the circumstance of Martins’ shooting ended with his death, his case has received national attention and is creating a movement amongst African-Americans and people of different race. In the article “Trayvon Trademark? An ATL Debate,” the trademark is described as a great strategy of preserving the memory of her son and preventing random people or companies from profiting off of his death. This action means a lot in the business field or Entertainment Industry because one of the first steps once a name is established or logo is established; is to have it trademarked so that its likeness is protected. Even though this case intention was not geared towards profitable gain, it provided a great lesson in understanding that what is unique should be protected.

The second article “Fake Filesharing Lawsuits? Dang, That’s Devious” expounds on a copyright infringement. The case alluded to how individuals are using false copyright lawsuits to impact the Entertainment Industry. This problem is rapidly growing and creating distrust in the Music Business. Just as piracy continues, this is another aspect that individuals are now using to get over the Entertainment Industry. It was stated that as the federal government ceased the site Megaupload in January, that a fake law firm began emailing people “…claiming there could be financial implications for those who used file-sharing site Megaupload for infringing activities. For the past several days a fake law firm claiming to act on behalf of entertainment companies such as Universal, Sony, EMI and Paramount has been claiming cash settlements from innocent victims.” This is a very interesting case because it shows how important it is to pay attention to details. There has not been a solution to this case as yet however; it is now an additional problem that the Entertainment Industry must face. 

The last article is also focused on copyright infringement. Except this issue regards an actual breech in contract. Artist Kenny Rogers filed a complaint to defendant Capitol Records, LLC a division of EMI Music North America, LLC. The copyright infringement is concerning the case of the defendant not paying proper amount of royalties from the licensing of master recordings. “This action for breach of contract, breach of the duty of good faith, and fair dealing, unfair competition, an accounting, and a declaratory judgment against Capitol Records arises from Capitol Records‟ willful and knowing failure to properly account to and pay Kenny Rogers royalties, pursuant to written agreements, with respect to certain master recordings (the “Masters”) of the musical performances by Kenny Rogers.” He is requesting that Capitol Records pay an amount that equals up to 50% of their net royalties. It seems that from his first agreement in 1975 and the affidavit in 1977 with some of his greatest hits such as “The Gambler” and “Lady,” the record company was not properly paying out royalties. An audit request was asked from Kenny Rogers to Capitol Records on April 17, 2007 however, the company had refused to solicit “…cash receipts from all digital download and ringtone licensees during the [e]xamination [p]eriod.” In a preliminary audit it showed that Capitol Records was in underpayments of up to $400,000.00. This case just shows the importance to copyrighting intellectual property and ensuring to have clerical support.

Work Cited:

Christopher Danzig, Fake Filesharing Lawsuits? Dang, That’s Devious, March 2012. Retrieved March 26, from http://abovethelaw.com/2012/03/fake-filesharing-lawsuits-dang-thats-devious/

Ray Beckerman, Kenny Rogers accuses Capitol Records of failing to account for digital music sales, February 2012. Retrieved March 26, from http://beckermanlegal.com/Lawyer_Copyright_Internet_Law/rogers_capitol_120213Complaint.pdf

Can Music Businesses Earn A Living in 2012, With The Lack of CD Sales?

By: Hanna, Troika

I was searching on the web and stumbled across a video interview that speaks about the Music Industry in 2012. The interview was on Pat Bishop who is Director of the Entertainment Business Program at Full Sail University. She gives great detail about how the Music Industry could not be more striving and open for growth in the industry. The world is consistently being enhanced by entertainment and music. She mentions how students at Full Sail University are being prepped to enter the Music Industry as an artist, manager, utilizing music in the booming Gaming Industry, Publishing, Online or Digital presence and other areas.

So when I looked at the question to myself, is it possible for me as a Jazz musician to earn a healthy living even though CD or record sales or low. The answer is an astounding YES. The old business model showed that musicians or music entrepreneurs earned their revenue from record sales, publishing, merchandise and concerts. Now because of technology and the popularity and need for entertainment, there are numerous ways of bringing in income. Pat Bishop gives several examples. She speaks of the company Music Today strives and has attained sustainability because they provide services to the Music Industry in several different areas. Each area requiring either musicians like myself or business workers to operate the specific functions such as managing fan websites, building social networks or enhancing the digital presence and sound of an artist.

In addition, it was quite interesting to hear that today’s musician does not need a record label anymore to “Have Made It.” Studies have shown that numerous companies such as sports networks, TV programs, Radio shows and even the Gaming Industry need new music to enhance their product and brand. So is their hope for an artist or musician to earn a living, YES. The only thing is, we now have to think outside the box and look at the different industries that music is now affecting and enter into those markets. 

Work Cited:

(2008). Pat Bishop is Director of the Entertainment Business Program at Full Sail University.

http://www.artistshousemusic.org/videos/the+music+industry+in+2012+what+will+it+look+like 

Today's Independent Artist

The Indie Music Scene Today…

By Troika Hanna

When we talk about the music scene in the year 2012, some may say that it is on a down hill slope. However, it is just the reverse for independent artist. This could not be a more-better time for an independent artist to strive for their goals in the Music Industry. Statistics show that more than ever social networks have aided in the support of indie artists just as Major Record labels. A indie artist is able to appeal to management in the music industry because there fan base through social networks have enhanced their exposure, help artist work on their existing image, allowed indie artist to stay connected in trends, and the ability to create a name through less financial expense.  

In addition, it depends on what city specifically an independent artist is currently focusing his or her career in the music industry. An article in Digital News gives statistics on the top 15 cities. 

“Turns out that location still matters after all, but which locations matter the most?  That's a tough question, but when it comes to the music industry, we looked internally to find the largest, densest industry populations.  Accordingly, we tracked IP addresses on Google Analytics (anonymously) for the past one million unique hits…” (http://digitalmusicnews.com/stories/052511cities)

1. New York (12.23 % of the past 1MM unique hits)

2. Los Angeles (10.43%)

3. London (3.55%)

4. San Francisco (and Oakland) (3.24%)

5. Nashville (1.55%)

6. Boston (& Cambridge) (1.55%)

7. Chicago (1.44%)

8. Seattle (1.22%)

9. Toronto (1.16%)

10. Atlanta (0.96%)

11. Paris (0.85%)

11. Austin (0.84%)

12. Birmingham (UK) (0.81%)

13. Washington, DC (0.78%)

14. Sydney (0.72%)

15. Philadelphia (0.72%)

This information is very useful because through research of demographics and location management in the Music Industry are able to determine what cities should be geared for music tours, marketing/advertising, and sales.

Another great concept with the Music Industry scene today is the ability of indie artist to be versatile in other skills and talents. The average indie artist today can now play several different instruments, read music, and posses social skills of communication from there daily interactions with social networks such as Youtube, Twitter, and Facebook. In the book This Business of Artist Management, it gives examples and illustrations how through the advancement of technology, increase opportunities of multimedia exposure—television, print, social networks, and show business allows a independent artist to be diversified and more well-rounded.   

BSA

The Marketing that Propelled VaShawn Mitchell to this Great Achievement

VaShawn Mitchell Tops Winners List at 27th Annual Stellar Awards…

               


By: Troika K. Hanna

2011 was the year the song Nobody Greater took force on Gospel airways and networks. Vashawn Mitchell’s 2010 album Triumphant earned a total of six (6) Stellar Awards. The EMI Gospel artist was highly promoted on the star search shows Untapped and BET’s Sunday’s Best. EMI’s marketing team ensured that the song Nobody Greater would catapult his career.


Their steps began in October 2011, showcasing Vashawn Mitchell on TV shows, where the marketing team was prepared to release the deluxe edition of the 2010 album Triumphant. The package consisted of a CD/DVD, in addition to two new songs, My Worship is For Real and My Source. There was also an attached in depth interview of Vashawn Mitchell that spoke of his many accomplishments of obtaining a record deal with EMI, Grammy Nomination, and the privilege of being mentored and working and ministering with Bishop Larry T. Trotter. 


Throughout his career, he has worked with Lonnie Hunter as an assistant music director and Minister of Music under Bishop Larry T. Trotter. As a songwriter, he has composed songs for Vanessa Bell Armstrong, Bishop Paul Morton, and Smokie Norful. He has been known to top Billboard Gospel chart where on April 5, 005, he peaked at number 26. But it was only until EMI Gospel released the Grammy-nominated Triumphant on August 2010 that his career and success would take rave notification. “Rising Gospel music superstar VaShawn Mitchell topped the list of winners during the 27th Annual Stellar Gospel Music Awards announced Saturday night during the show’s taping at Nashville’s iconic Grand Ole Opry House Theater. Mitchell took home six awards, including Artist of the Year, Male Vocalist of the Year, Contemporary Male of the Year and Praise and Worship CD of the Year for his 2011 album, “Triumphant.” (Retrieved from: http://www.eurweb.com/2012/01/vashawn-mitchell-tops-winners-list-at-27th-annual-stellar-awards/

“I am grateful to stand here,” a gracious Mitchell said, also acknowledging other artists in the category, his family, label and social media fans.  “I’ve been coming to the Stellar Awards a long time and I’m glad I waited my turn.” (Stated VaShawn Mitchell)

Work Cited:

EMI Gospel. (2012)

http://emigospel.com

You in Music Magazine

Illustrates Probability Ratio in the article:

Netflix gets more shows from CBS, Warner Bros

            In analyzing the tactics of Netflix, Inc. in their marketing strategy, we see that the company has made joint ventures to expanding the product. The article states that Netflix signed an agreement with CBS to expand their television network. This development will increase their number of active users and allow them to remain a competitive force in the market. Their aim is to convert their mail in clients to streaming clients and establish a working network between all Cable TV programming. Currently the company has a joint venture between Lions Gate Entertainment Corp., Warner Bros., CBS, AMC Networks, and Sony Pictures Entertainment. It is stated that the only challenge is with the exclusive rights. Netflix is limited or restricted to the launch date of allowing customers to utilize the products or titles within the joint venture. “The new deals with Netflix appear to have tighter restrictions such as when they can first be shown, for example. In The CW pact, older-season episodes of some shows, including "One Tree Hill" and "Nikita", will available Oct. 15 while others are set for January.” (Yinka Adegoke 2011). However, such restrictions are not deterring the company’s continuous growth in financial stability.

From analyzing the information given, we see how the company Netflix has used the Liquidity Ratio (examining its leverage over Cable TV), Quick Ratio (examining its liabilities – Example is the launch restrictions), and Probability Ratio. Most importantly it is through the Probability Ratio that the company Netflix is able to determine how well it is operating within the market; enable the company to keep track of product/service sales of the publication and being able to determine the ratio of people converting from DVD’s to online streaming. Netflix is truly becoming a company that all active customers in the entertainment industry are starting to consider. “Netflix shares rose 2.7 percent to $116.75 on Nasdaq at mid-afternoon.” (Yinka Adegoke 2011).

Work Cited

Yinka Adegoke (2011). Netflix gets more shows from CBS, Warner Bros

http://www.reuters.com/article/2011/10/13/netflix-timewarner-cbs-idUSN1E79C0YP20111013?type=companyNews