Podcasts Are Helpful!

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/