The Mobile Device

— Forecast For The Mobile Entertainment Market —

The mobile market is stated as one of the fastest growing trends in the entertainment and gaming industry.  Because of consumer demand and the advances in technology, the mobile market is seen as the next step for all industry markets. When we analyze the other markets we see that the mobile trends are what consumers are buying into and utilizing to conduct business and entertainment. The article, Mobile Entertainment Market – Global Industry Size, Market Share, Trends, Analysis, And Forecasts 2012 – 2018, states that, “Mobile gambling and social media are the fastest growing segments of the mobile entertainment industry.” This further explains the affect and influence mobile trends have on the industry. The article gives facts on gross earnings that are predicted in the year 2015 where the entertainment industry will earn an unconceivable amount of funds through streaming, video, games, and social media. The article states that due to consumer habits and the increase attention towards mobile devices that the entertainment industry would benefit in the years to come. Major brands and companies will begin to invest heavily in any area of entertainment that involves mobile devices such as: “mobile music, mobile gaming, mobile personalization, mobile content, and other premium content” (2012, Business Research Industry).

      Today mobile music is the leading niche that drives consumer spending in the entertainment industry and will continue you to be in the years to come. Since Apple, Inc. created the iPod, iPhone, and iPad, music downloads and, or Apps that are utilized to access music software have been the leading driving force. The article also states that because of this presence of mobile technology companies would not only benefit from consumer purchase, but app-advertising as well. There will be great demand for graphic and web designers, SEO development, and services that work through social media. This is because with the use of mobile devices, companies will be using more non-traditional methods of advertising. Some of the major key players in the entertainment industry that have already fully engaged in the usages of mobile devices are: Apple, AT & T, Android, Blackberry, Motorola Droid, and Vodafone just to name a few. These major companies have not only lead how entertainment is distributed to consumers, but have also altered and changed the consumer purchasing habit. This change in consumer purchasing habits is what will drive the entertainment industry to earning a “USD 54 billion over the year 2015” (2012, Business Research Industry).   

Work Cited:

Business Research Industry, (2012).

Mobile Entertainment Market – Global Industry Size, Market Share, Trends, Analysis, And Forecasts 2012 – 2018.  Retrieved June 12, 2012 from, http://www.businessresearchindustry.com/mobile-entertainment-market-global-industry-size-market-share-trends-analysis-and-forecasts-2012-2018/

What's New...

Watch Out Here Comes XBOX

When we look at the achievements and accomplishments of the XBOX, we see that the counsel is one of the leading counsels in the gaming and entertainment industry. The Xbox is listed in the top 3 gaming systems in the world: Xbox 360, Play Station, and Nintendo Wii. In the year 2013 and years to come, there is big talk about video games, television, and business focusing more on On-live and streaming systems. Just as we are able to analyze how Apple, Inc., affected the music industry Microsoft is now on the verge in following in the very same footstep. Apple, Inc. had introduced iTunes, the iPod, and the use of Mp3 files on mobile devices. This development caused record labels and consumers to rethink how music was produced, distributed, and consumed. Thus in the article 3 Ways the Next Xbox Could Change the Entertainment Industry Microsoft is engaging to focus on the areas of: Streaming TV, Television with a built-in gaming system, and having no use for used games. This means that the home entertainment would be more focused on live time experiences just as how the most watched TV programs are now reality shows. 

The article states that Microsoft through the use of the Xbox is working on building partnerships with Disney’s ESPN 3 channel, Verizon, and Comcast. The device would then be operational as how consumers are now able to use Netflix through their cable provider. Microsoft has already established a partnership with News Corp. of which offers Fox, Fox News, and the Wall Street Journal to the game counsel. In addition, through the use of streaming games would create a differentiation of sales with most distributors. For example when looking at GameStop, one of the world’s largest retailers for used games, it was stated that 50% of the company’s profit comes from used-game sales. “Retailers like GameStop (NYSE:GME) have built empires on reselling games—used game sales accounted for nearly 50% of GameStop’s profits, $292 million in its second quarter alone—while publishers and console makers like Microsoft never see a dime” (Anthony John Agnello, 2012). Thus we see that with changes in the gaming industry or “Xbox” will have a spiral affect in the entertainment industry. Home entertainment and major retailers that are involved in the gaming industry are all going to be affected as more and more company’s follow in the direction of Microsoft to compete.    

                       

Work Cited:

Anthony, John Agnello, 3 Ways the Next Xbox Could Change the Entertainment Industry, 2012.

Retrieved Thursday, May 31^st, 2012 from: http://www.investorplace.com/2012/02/3-ways-the-next-xbox-could-change-the-entertainment-industry-msft-aapl-ntdoy/

Picture courtesy: http://www.g4tv.com/thefeed/blog/post/722291/xbox-360-successor-rumors-surface-christmas-2013-release-dual-gpus-more/

Self-Publishing

What’s To Come of Publishing in 2012!

            The predictions are in for the year 2012. Looking at the past and present of print media, the industry is on an upward rise of e-books, self-publishers, price fluctuation, and major publishers making evasive changes. In looking at an article by Laura Hazard Owen, the author depicts the print industry as one that will be lead by digital formats. The author illustrates this concept by showing how consumers in the future will be more reluctant to focus on the quality of e-books and that their would be more innovative and proactive self-publishers.

“I hope we’ll see self-published authors experimenting with pricing as well, and pricing books higher in some cases. Ultimately, I’ll use the q-word here: I hope that readers will see the value of paying more for books of higher quality-books that are shaping the conversation, books that they want to read again and share with others-in digital formats.” (Laura Hazard Owen, 2011)  

            Another article by Jeremy Greenfield also describes the print industry in the future to come as one that will have an abundance of self-publishers using digital formats. It is said that the industry will turn to have more tech savvy workers such as app developers, e-book designers, and minimizing the sales and marketing departments. This is because with digital formats, the product is now easier to go through in-house production and distribution. For example online distributors such as Amazon and Barnes & Noble online presence are changing the way authors and writers look for distribution. This change in distribution will also cause major publishers to loose sale revenue in print publication. This is because as one side changes in infrastructure and production it creates a cause and effect to revenue sales. Mike Shatzkin, book-industry expert, stated, “Print sales are going to decline and e-book sales are going to rise and that is going to result in organizational changes.” In addition, Greenfield makes mention of flexibility in contractual agreements between authors and publishers. It is stated, that a flexible contract would allow authors to earn more financial reward for the intellectual property. David Weinberger, a senior researcher at Harvard’s Berkman Center for Internet & Society, an Internet research lab, stated “As the social and reputational value of works’ presence on the web increases, authors will become more frustrated that works are tied up by copyright licenses that cease to bring them any more financial reward.”

These predictions about the print industry are great opportunities for authors and self-publishers. Production costs are going to continue to decrease because of operational changes. In return authors and self-publishers will have more control of pricing for e-books or digital formats of print media. These changes will also force major publishers to change the standard of how a book must be presented. The advancement of technology has made the years to come and exciting time for the print industry.

By: Troika Hanna

Work Cited:

Jeremy Greenfield, Digital Book World, Ten Bold Predictions for Book Publishing in 2012.

Retrieved May 16, from, http://www.digitalbookworld.com/2011/ten-bold-            predictions-for-book-publishing-in-2012/

Laura Hazard Owen, Paid Content The Economics of Digital Content, What’s Coming in 2012: Book Publishing. (2011).

Retrieved May 16, from, http://paidcontent.org/2011/12/27/419-whats-coming-in-2012-book-publishing/

Picture courtesy of: http://style-matters.com/blog/agent-publishers-and-the-self-published-writer.html

Advantages of Self-Publishing

An overview of the article: Advantages & Disadvantages of Self-publishing

When looking at print media in the year 2012, there are more self-publishers prevalent than there was years ago. This means there are more resources available and support in the publishing industry. As a self-publisher an author or writer has the ability to work at his or her own pace, total production is under the authors’ or writers’ control, and there are no contractual stipulations that concern royalties or exclusive rights. These advantages allow a self-publisher to compete against major publisher companies. The majority major publishing companies are not able to make evasive changes in production as of a self-publisher. In addition, major publishing companies are more reluctant to make the common flaws of redundancy than self-publishers. Self-publishers are mostly innovative, free of restrictions, and able to maneuverer easily through multiple formats. Studies have also shown that with the support of print-on-demand (POD) and social media, self-publishers are able to market and distribute more efficiently than that of a major publishing company.

Subsequently, one major challenge for self-publishers is credibility. In an article on Lulu blog, it speaks of how self-publishers have a hard time distributing their product in storefront companies. “It is difficult to get shelf space in a brick-and-mortar store like Barnes & Noble if you self-publish” (Nick, 2009). “Some people still stigmatize self-publishers” (Nick, 2009). This article illustrates that even though there are great advantages of self-publishing, that there are still some challenges that prevent mass growth.  

By: Troika Hanna

Work Cited:

Nick, Advantages & Disadvantages of Self-publishing, (2009).

Retrieved May 17, from: http://www.lulu.com/blog/2009/03/advantages-disadvantages-of-self-publishing/

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.