Body Language and Negotiations?

This week I have chosen another T.E.D. talk that has influenced, inspired, and allowed me to become more successful in negotiations. In the T.E.D. Talk, “Your Body Language Shapes Who You are,” Amy Cuddy, a social psychologist, shares her insight on how you can improve your image to others as well as the way you feel about yourself simply by changing your posture.

As mundane as this might seem, the way you hold yourself up or approach people directly affects the way others see you as a person. This could also inadvertently affect the decisions they decide to make during your negotiations. One of the best tips that Amy gives during this talk is before you enter a negotiation or a meeting for the first, second, or third time, you should spend around two minutes “power posing” with your arms out like you just won a race, head confidently lifted high, and standing as tall as possible. According to the Huffington Post, research has shown that the same dominate body language used for that 120 seconds allows for a 20 percent increase in testosterone and a 25 percent decrease in the stress hormone cortisol. Ultimately, doing something that simple prior to a negotiation or meeting will make you feel much more powerful.

Another great tip that Amy brings up is if you are someone that is shy or just don’t believe you can improve your overall presence, she explains that you shouldn’t “Fake it until you Make it,” with these tips, but to “Fake it until you Become it.” Instead of being an actor whom just plays a role for the time they are behind the camera you will eventually become that person because the faking that you are doing becomes natural part of you.

Many of you are wondering what application, if any, this has to the live entertainment industry, right? In the past, prior to negotiations, I always had a weird nervousness feeling in my gut, which caused me to feel like I was the littlest man in the room with potential inventors or clients. However, after watching this video and trying the simple “power posing” concepts before a negotiation, I came into it felling much more confident. According to Pon Staff, managing your presence and that of others included in the negotiations, you will gain control over the level of success that you as well as your group have. This is super important when negotiating with others because it allows them to see that you are confident in your product which could in turn yield more money or a better contract terms.

Take 20 minutes of your time and watch this entire video! I hope that it will inspire you and give you the extra confidence you need in your next negotiation, job interview, or first date!

Resources:

Huffington Post. (2013). Your Body Language Shapes Who You Are. Retrieved on July 9, 2013, from; http://www.huffingtonpost.com/amy-cuddy/body-language_b_2451277.html

Program On Negotation. (2012). Who’s Watching? How Onlookers Affect Team Talks In Buisness Negotiations. Retrieved on July 9, 2013, from; https://www.pon.harvard.edu/daily/meeting-facilitation-daily/whos-watching-how-onlookers-affect-team-talks-in-business-negotiations/

WordPress. (2013). Ted Talks Image. Retrieved on July 10, 2013, from; http://advadvisor.files.wordpress.com/2012/05/ted-talks.jpg

Youtube. (2013). Amy Cuddy: Your Body Language Shapes Who You Are. Retrieved on July 10, 2013, from; http://www.youtube.com//Ks-_Mh1QhMc

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/

Industry Liabilities

In today’s world there are a multitude of liabilities that business owners have to prepare and protect their selves against before, after, and during ownership; however, not everything you do will ensure that you are protected against those who “will try anything to make a million” (The Personal Injury Lawyer Directory, 2013). Not that everyone is out to get you but in order for you to be as successful as possible  you must take the proper steps to ensure that you and your customers are protected.

For those of us that are already working in the industry, we know that you must take the proper steps to protect yourself and your artist’s work.

There is one particular case where Joe Satriani, Cat Stevens, and Sammie Lee Smith filed a copyright lawsuit against the members of Coldplay and Capitol Records alleging that some of the band’s songs contained “substantial, original proportions” of their own tracks (Iplj, 2010.). Coldplay’s main defense for these lawsuits was that the one artists were not very well known, the others were similar but very different, and made a point that they were being sued well after the songs had been released to the public.  These cases have not been finalized and have no further details. However, as a future artist manager, I will have to face similar problems to this with artists that I work with and will need to be prepared for it. I will need to become more prepared and detail oriented as my artists popularity rises simply because they will be more prone to similar lawsuits. I can prepare and avoid a similar situation, possibly, by having another artist manager listen to my bands music before it’s release to ensure that it isn’t similar to other music out there. I would even go a step further by having a process to follow with my legal team in the rare case that someone actually did sue my artists. 

Another legal case that I found rather interesting that has recently popped up was one between Shakira and Antonio De La Rua. Antonio, her former business partner and boyfriend, is suing Shakira for $100 Million Dollars he feels that he deserves for helping achieve Shakira’s current global success. Antonio goes on to claim that their partnership was terminated without warning and Shakira has refused to pay his earnings from 2011. The case is currently on going and there is no further information on it.  The main lesson that I learned from reading about this particular case is to always have a contract with everyone even if they are your boyfriend or girlfriend. Having a written contract holds each party responsible for their actions and might have allowed Shakira to avoid these legal issues. Applying this to my future business will ensure that if my business partner walks out on an artist or me even, I am protected and will not have to face the same legal issues.

Another case that caught my eye happened in 2011 where a Michigan woman hated the movie Drive so much that she sued them for false advertising. According to the Hollywood Reporter, Sarah Deming filed a lawsuit against FilmDistrict claiming that the distributors of Drive, “promoted the film Drive as very similar to the Fast and Furious, or similar series of movies” (Hollywood Reporter, 2011). She also claimed that it “bore very little similarity to a chase, or race action film” and proceeded to get a refund for her ticket as well as having the intention of engaging in a class action lawsuit. One of the best things that you can do as a business owner is to promote your business in almost anyway you can to boost sales; however, as the movie Drive did, don’t over do it.

Even though many of you might think that reviewing a few current legal issues is a waste of time, the benefits of knowing other people problems and being prepared for them is worth a lot. The ability to foresee these problems and prepare for them will potentially save your artist, yourself, and your business thousands! A question for my readers, “ How do you prepare or protect yourself from facing similar legal issues with your business and/or artists that you work with?”

References:

IPLJ. (2010).  Coldplay Feels the Heat Once Again. Retrieved on May 8, 2013, from; http://iplj.net/blog/archives/1371

IPLJ. (2013). Legal Woes for Colombian Popstar Shakira Ignite. Retrieved on May 8, 2013, from; http://iplj.net/blog/archives/5988

The Hollywood Reporter. (2011). FilmDistrict Sued Over ‘Misleading’ ‘Drive’ Trailer. Retrieved on May 8, 2013, from; http://www.hollywoodreporter.com/news/drive-filmdistrict-lawsuit-ryan-gosling-245871

The Personal Injury Lawyer Directory. (2013). The 10 Most Ridiculous Lawsuits of All Time. Retrieved on May 8, 2013, from; http://www.the-injury-lawyer-directory.com/ridiculous_lawsuits.html

Why the Entertainment Industry?

First and foremost we will be going a little off track this week as I want to start of this week’s blog by asking my readers a simple question, “ What makes you happy?” This is the exact question that I asked myself right out of High School, and although it took me a while to figure out, I finally came to where I am today as a Live Sound Engineer/Artist Manager. One of the main reasons that I love being a part of the live entertainment industry is because of the direct contact with my artist’s fans emotions. What do I mean by that? Well when you are at a concert and you are screaming your favorite bands music at the top of your lungs, how does that make you feel? Awesome, right?! Well imagine helping someone craft his or her music into something that people, like yourself, want to scream or clap along to. After all the work put into the music is done, that is the ultimate benefit in my eyes, not the money, not the fame, but the emotions that the music (or my artists music) you helped create is able to pull out of the fans. It’s the small moments like that that give me the push to make it to the next day. This is a quote from Steve Jobs that I try to abide and ask myself everyday, "If today were the last day of my life, would I want to do what I am about to do today?" And whenever the answer has been "No" for too many days in a row, I know I need to change something.” My answer to this question hasn’t been “no” yet and I hope that it will never be. Finally, I want my readers to look in the mirror and ask yourself the same thing. What are your answers? What will you do if your answer is a “No?”

 

Reference:

Good Reads. (2013). Steve Jobs Quotes. Retrieved on April 22, 2013, from; http://www.goodreads.com/quotes/412696-i-have-looked-in-the-mirror-every-morning-and-asked

The Next Step in Live Entertainment?

Over the past decade the music industry has become an ever-changing landscape that continues to develop, grow, and change before our eyes. According to the New York Times, technology has allowed global music sales to rise last year for the first time since 1999 (New York Times, 2013). Technology and innovation have been the front-runners that have affected the music industry and my career as a front of house engineer the most; however, what will be the next big transition that the Entertainment Industry sees? One of the most notable transitions over the past decade that I remember was one that took us from the buying a physical CD to single mp3s. Do you remember how amazing it was to be able to put every single album that you owned in your pocket? The idea and application of the iPod as well as iTunes was amazing for everyone involved; however, the notion that someone could buy just one track off a full 12-song album really impacted sales and the total income artists were seeing. Artist managers everywhere, including myself, scrambled to find ways to keep people buying the entire albums; however, the decline of full physical CD sales inevitably led us to focus on other forms of income. The music industry as a whole began to focus on making touring revenue and concerts the main source of income for artists. Coupled with album sales (even though they were and still are declining), concerts and tours are where artists make the majority of their money. According to Billboard’s Ray Waddell, “the touring industry was robust in 2012 and is teed up for continued growth” (Mashable, 2013). Artists make money off of the ticket sales and merchandise but where else could we generate revenue? I keep asking myself this question and always come to the same conclusion, which is that the music industry needs a dedicated in Home Live Concert Streaming Service. Is that not where every industry in the world right now is currently trying to migrate to and monetize? It would benefit the artist a lot if they were able to bring their concerts into their fans homes without them actually having to attend. It would be an amazing way for them to reach out to a bigger demographic or even around the world. The streaming service would be set up similarly to that of Netflix where you can pay a monthly fee and watch all the live shows of you your favorite artist or pay per show, kind of like pay-per view; however, these tickets would be at a discounted rate because you would not be physically there. The discounts could expand to package deals on their merchandise, physical albums, or even including a live concert DVD for an extra fee.. EVNTLIVE is on the forefront of providing a service for streaming live concerts and will soon be offering invitations for people to try it out. EVNTLIVE’s CEO Judy Estrin stated, “We will offer webcasts of live concerts” and “our focus is a combination of signed, popular indie [artists] that have strong followings up to the top brands.” This is something that I see becoming another great source of income for artists and will be watching out for it to go public in the future.

References:

New York Times. (2013). Music Industry Records First Revenue Increase since 1999. Retrieved on April 11, 2013, from; http://www.nytimes.com/2013/02/27/technology/music-industry-records-first-revenue-increase-since-1999.html?_r=0

Mashable. (2013). Live Concert Streaming Platform EVNTLIVE Begins Offering Invitations. Retrieved on April 11, 2013, from; http://mashable.com/2013/04/09/evntlive/