There are many
things throughout the entertainment industry that you should always be striving
to improve and learning about. One of the biggest issues that many people will
face throughout their business career are certain liabilities and laws that we
just might over look because, well, we don’t know. For this week’s blog, I will
be reviewing a few podcasts over some of those laws and liabilities as well as
relating them to my real world business. If you have the time comment below on
how you can impalement these and how it could help you in the future.
The first podcast
that I have chosen to review with you today is, “ Episode 40 – Areo, ReDigi,
Veoh & IMDB,” featuring Gordon P. Firemark and Tamera Bennett. This
particular podcast goes over and explains a few important lawsuits currently
happening as well as some that have caught the eye of both Gordon and Tamera. Although
they reviewed a variety of cases in this particular podcast, there are only a
few that I would like my readers to take note of.
In this particular
podcast one of the first topics that comes up is about YouTube vs. Viacom. This
lawsuit was first filed in 2007 by Viacom stating that YouTube had knowingly
posted copyrighted material up on their website.However, the courts found that
YouTube did not know about the specific instances of infringement because
Viacom could not provide sufficient information or prove that YouTube was
conscious of the fact. This case is important to look over simply because it is
something that all business owners or individuals are venerable to in the
entertainment industry. It is important to research all information as well as
pictures or videos before you post them, anywhere honestly. By taking
precautions and getting the proper licenses before I use someone else’s
material on my site, I will ensure that I do not encounter similar issues.
Another case that
I found interesting was one between Personal Audio LLC filing a suit against
CBS Corp. and NBC Universal Medial alleging they violated their patent. The Personal
Audio LLC is suing the above companies for the technology they used for
producing and streaming podcasts as well as other forms of entertainment. They
also believe that each new show would be a new case of infringement or
continuing infringement. This is still an ongoing case; however, it poses a
problem to someone like me who might want to post an audio podcast or stream concerts
that I have at my venue. The main issues with these kinds of patents are the
patent holders can “spring” a trap after the industry has “boomed” or knowing
my luck, right after I have used it. This is something that we should all be
paying attention to in the future as more and more paten holders might be
sitting on them until the technology is wildly accepted in order to gain more
money. Before listening to this podcast,
I didn’t have any idea that patent holders would do such a thing; however, it
has allowed me to become more prepared for what could happen in the future when
operating my business.
The second podcast
that I have chosen to review with you today is, “ Episode 37 – Top Ten for
2012,” featuring Gordon P. Firemark and Tamera Bennett. This particular podcast
goes over and explains a few important lawsuits currently happening as well as
the top 10 that Gordon and Tamera have come across over the entire year 2012.
Although they reviewed 15 cases in this particular podcast, there are only
three that I would like my readers to take note of.
The first case
that I found beneficial in this podcast was Fox Searchlight vs. the Production
Company behind the film. The production company is suing Fox Searchlight for
underreported royalties and improper revenue deductions requiring a settlement
of $10 million. A private judge found Fox Searchlight guilty of 9 out of the 11
issues that the production company sued for; however, the judge only allowed
the producers to get $150,000. Although this accounting issue was small it came
from misinterpreted data as well as unclear contracts, which caused a small
issue to turn into a $150,000 mistake. Not that small now is it? It is vital
that you as a business owner or artist manager even, pay close attention to
every detail when negotiating in the future to avoid such problems. When I open
my live entertainment venue and bar in the future, accounting as well as a
multitude of other things will open me up for similar type mistakes; however,
by learning from others and applying strict rules to my business, I will be
able to avoid these things in the future. How will you relate this particular
case to your business or life?
The second case or
topic that I found beneficial in this podcast was about recent political
campaigns and the music lawsuits that were coming from them. Some of the cases
stemmed from the use of a song or something of that nature in a political
campaign without the consent of the artist. Newt Gingrich and Mitt Romney were
sued by a few different music groups for this reason and were required to take
the music down or out of their ads. If both campaigns had secured the public
performance licenses and master licenses that were necessary before hand, they
would not have needed permission from the artist or music publisher to feature
their songs in an ad or at their campaign parties. I was not aware that you could actually sue
someone for using or playing your song at an event. Therefore, my business will
purchase the necessary licenses in order to ensure that we am not subject to
any of these issues when I open my business in the future. If we needed to use a
particular song or something of that nature in an advertisement, we would seek
the necessary permissions by getting a master use license. Is this something
you will face on a day-to-day basis? How will you protect your business from
these issues?
Finally, the last
topic case or law in this case is about the new JOBS Act that President Obama
has just recently signed into law. The act aims to ease restrictions on raising
capital funds for startups as well as allowing start-ups to raise money through
Crowdfunding sites. What does this mean for us? Well imagine that you have and
idea or business proposal but don’t have the credit to get a loan from the
bank, well that’s where Crowdfunding steps in. It will take banks out of the
picture and open up a bigger market of investors, which will give (basically)
anyone the keys and tools to open a business or launch an idea. Personally, I
am excited to see something like this being put into action simply because it
will allow myself to raise the necessary funds to help start my company up. With
current market conditions and banks becoming more and more strict on who they
loan money to, this will allow anyone with a great business idea or idea for a
product or service the ability to launch and succeed.
By taking note of all
the cases above and applying them to your life you will be able to avoid such
lawsuits and problems in the future. I find it really beneficial to keep up-to
date on current and past lawsuits that have been happening in the industry
simply because it is a very good source to learn and grow from.
References:
Entertainment
Law Update Podcast. (2013). Episode 40 – Areo, ReDigi, Veoh & IMDB.
Retrieved on May 28, 2013, from; http://www.entertainmentlawupdate.com/
Entertainment
Law Update Podcast. (2013). Episode 37 – Top 10 for 2012. Retrieved on May 28,
2013, from; http://www.entertainmentlawupdate.com/page/2/
