The Highest Form of Flattery

Imitation is the highest form of flattery, but clones kind of get it wrong because we are promoting individuality and being proud of being yourself     - Brian Molko 

And there you have it. All packed into one sentence composed of 25 words is the essence of creativity.  As Brian Molko describes it, individuality.  But, how much individuality and true creative content can one present in this day and age?  One writer of the Bible states that "there's nothing new under the sun."  If that is true, and this writer does not suggest otherwise, then why copyright?  Why do we even attempt to protect intellectual property if they will still be recycled sometime in the future.  I can not answer for others but, because it is my property.  Still, what recourse do we really have to protect this property? No answer?  Well, I'll tell you.  Most recently, the Copyright Act of 1976 provides guidelines and redress to the issue of copyright infringement.  Let's discuss recent cases of alleged copyright infringement and the cases, if applicable, that they carry with them.

Rap Artist Meek Mills and the WWF
Meek Mills have been the focus of trending social media news in the recent weeks.  Not just him, but his so-called "rap beef" with uber-popular rapper Drake.  This conflict started with a Twitter-based war of tweets and that escalated into "diss records" being recorded by both artists.  This issue with this is that the "diss record" response from artists Meek Mills contained elements, a sample,  owned and copyrighted by the WWF.  And, mainly because of the lackluster attempt by Meek Mills, the WWF expressed their displeasure of the element being used without authorization by Meek Mills.  The fact that Meek Mills released the record for free and did not stand to profit financially from the release is moot.  The WWF's copyright had still been infringed upon and the rapper could be held liable.  

"The Blurred Lines" Case
The family of Marvin Gaye sued singer Robin Thicke and rapper Pharrell Williams for infringing on the copyright of the late singer's song "Got To Give It Up."  The media's attention to this case was strong due to the fact that the suit was filed while the record was still #1 on the charts.  The defendants argued that it was just a "groove" that was special and relevant to the time that the record was originally recorded.  The jury disagreed and awarded the family of Gaye just over $7 million dollars.  In this case, I feel that the judgement was just and fair.  The general rule is, when in doubt GET CLEARANCE.  It's cheaper.  

Apple vs Samsung 
Apple alleged that Samsung "borrowed" some of their copyrighted features from their line of smartphone.  In itself, it is not so surprising.  However, these protections exist for a reason. And, as it was in this case, it is not fair for another to profit MILLIONS off of the back of another's ideas.  Apple sued and won initially over $1 billion dollars.  However, the award was cut almost in half after review.  Moral of the story, use your own brain.

Interview with TJ

I have been working in and around the entertainment industry for over 20 years.  Nothing too major, just small to medium sized projects here and there.  During this time I was lucky enough to meet an amazing young man by the name of TJ Turmon who runs an independent entertainment outfit by the name of SouthStarr Entertainment.  He company is currently a regional entity, however with his work ethic and talents, it will not be that way for long.  TJ is sitting on the edge of greatness and for this reason his ability to negotiate is very important.  He currently has two artists on his roster that are currently touring the southeast opening for various artists.  I talked to TJ to get his take and experience with negotiation tactics in the entertainment industry. 

Question 1.  How often do you negotiate? 

TJ - "Constantly.  As a small fish in a big pond, I find it nessacary to fight for my position in every business deal that I go into.  It's hard asking for the things you need when the bigger companies view you as small potatoes." 

Question 2. What tactics to you use and how did you learn them? 

TJ - "As far as tactics, I really don't know what you would call them, but I use the ones that works for me. I just know that whatever I ask for at the table has to be something that other side needs as well.  Or, something that they can actually see the need for." 

Question 3. Can I get an example of that? 

TJ - "Well, I can't ask a promoter for $5,000 for one of my clients to perform.  Because at that rate they can go and get someone with a better fan base.  They would end their need for me.  I guess you can call that being realistic." 

Question 4.  Have you ever had a time where you or someone else used a dirty trick? 

TJ - "No, not really.  The thing is that if you want to be successful in this game, you can't go around making a bad name for yourself.  Now, I have made a deal that was pretty messed. But, that's the price of business." 

Question 5. What tips can you offer someone looking to fill your shoes? 

TJ - "In negotiating the key is to know what you want.  But, the lock is to also know what you are really going to get."  

An Interview with Chris Carson

Christopher L. Carson is a concert promoter with extensive experience in the entertainment industry.  He is the founder and CEO of CLC Entertainment Music Group, LLC which is a company specializing in promoting old-school R&B, classic rock, neo-soul, and alternative rock concert event in small to mid-size venues.  As a promoter operating on a smaller scale than companies like LiveNation, he has to pay close attention to his bottom-line.  Thus, he has to negotiate in order to secure a profitable position. 

Question #1 - What do you feel is the most important rule of negotiation?

Chris – “Not to get screwed.”  On your side of the table, you have to take in to consideration your bottom-line.  Which is, basically, the size or capacity of the venue, the price of the talent, sound and lighting, and about a hundred or two more factors that can make you or break your profit margin.  On the other side, that is what you need to figure out because everybody is different.

Question #2 – What does the phase “mutual benefit” mean to you?

Chris – First, you must understand that I have never been formally trained in negotiation.  Everything that I know, I’ve learned from experience.  But, if I had to guess, mutual benefit in negotiating deals with both sides coming to a point where both parties are getting something out of the deal.  I believe that this is key.  Because, trust me, if I’m not making money, then I’m not spending any. 

Question #3 - We also studied “dirty tricks” in this course.  Do you have any examples of dirty tricks?

Chris – No, not really.  The first time that you do something like that in this business; it could be your last time.  Meaning that, as a promoter, you really don’t want to get a name for yourself screwing people around.  I have had an artist to not show a couple of times.  But, that’s what courts are for.

Question #4 – During negotiations, how does you separate people from the problem?

Chris – First, you have to realize, and agree, that it is not personal.  Everybody at the table or the other end of the phone call or whatever has an interest in getting the deal done in a way that is productive to all parties involved.  Sometimes you have to step back and look at it in a different light.  My light is numbers.

 

Jay-Z said WHAT????

Jay-Z said what!?!?!?!?  How in the hell did he fix his mouth to even say this?  He must be smoking that dope he raps about.  Hold up.  On the other hand, he just may be right.  Let’s examine what he said.   In an interview on Oprah Winfrey’s OWN Network and reported by eurweb.com, Jay-Z commented, “I think that hip hop has done more for racial relations than most cultural icons. Save Martin Luther King, because his dream speech we realized when President Obama got elected.”  Whoa!!! That’s a major statement. As a matter of fact, this statement has seen it’s shared of rebuttal across social media.  In spite of the backlash, it is the opinion of this writer this statement has a valid point.  However, to understand this one must fully understand the history, progression, and the importance of African-American culture to the creation, and success, of American Pop Culture.  An informed individual could also make the correlation that American Pop Culture is African-American culture.  Well, at least when it comes to American music.  Follow the path of African-American music from the shores of West Africa with the rhythmic drums, poly stringed instruments and horns as it is transported to the Americas.  Here, the slaves incorporated it into their field songs.  Skip ahead to Post bellum America where it continue to dominate the entertainment scene at the minstrel shows and so forth.  Continue to the Jazz and Big Band era.  Keep going all the way to today.  Black music has influenced all American music from country to blues to rock and roll and, of course, Hip-Hop.

Music has always found a way to bring people that have nothing in common together.  So, what Jay-Z said is correct although lacking the full progression.  This bridge was not built over night.  Hip-Hop has served to unite people through culture and understanding.  Imagine being at a Jay-Z concert and every other person is white.  And, it’s fun.  And, it’s dynamic.  And, it’s all good.

Failure IS an option; Quiting is NOT

First of all, I want to tell the world that ted.com is an excellent resource.   It is packed with wonderful individuals with vision and amazing ideas.  Personally, I could get lost for hours just listening and watching the videos.  Upon watching the video by ted.com’s Executive Director Chris Anderson, I realized how important a resource for the world this really could become.  Chris spoke with the passion of millions and it was clear that he really believed is the unleashed power of video.  It makes one realize that the power of spoken word in a visual setting is powerful. 

Ted.com has a list of videos that it describes as “Best of the Web”.  How the website makes the determination of what qualifies a video as one of the best escapes me, but one this is for sure, JK Rowling’s speech at the 2008 Harvard University Commencement had a profound effect on the rest of my life.  The speech, entitled “The Fringe Benefits of Failure” on Vimeo, provided a rare first hand glimpse into the life progression of the author of the Harry Potter series.  I have to admit that, even at the age of 40, I am a HUGE fan of Harry Potter having read all of the novels often more than once.  Every now and then I will see one laying around the house and I will pick it up and read it again.  HUGE FAN.   Going back to the video, the thing that left a lasting impression on my life is when Rowling told the graduates “not to be afraid of failure.”  This statement rung true with me because of the path from which I came.  I have failed once or twice in life.  Truthfully, I have failed many more times than that.  However, I got up and I kept going.  It was the struggles in my life that has lead me to this point in my life.  This video served as a validation that better is on the horizon.  The passion that she spoke with still resonates with me.  This video is more than a motivation to graduates.  It is a motivation to the world. 

Concert Production: Managing NOT to be a fan.

I can remember the date well.  Mainly because it was my Alma Mata's Savannah State University's Homecoming.  This homecoming was special because it marked the first time in my short career of concert production that I was not assigned to set-up and load-out.  I was so excited that I was finally getting the chance to showcase what I had learned.  Today, November 12, 1994, I was a production assistant.  I can almost hear the laughter.  It may not sound like much to those who have been is the business for a while but, to a college student, that was a BIG deal. My duties for this day was to manage the backstage areas.  By doing this, it meant that by default, I would have a lot of face time with the artists scheduled to perform.  And lo and behold, two of my favorite artists, and the hottest artists out at the time, were performing that night.  Outkast and Wu-Tang Clan were in the building and, I must admit, I was a little star struck.  That was strike one.  Now that I have done this more than once or twice, I see the importance of placing your personal feelings, positive or negative, aside.  The problem stated when Method Man arrived at the venue solo while that rest of WU went back to the hotel.  So, Method and myself get to talking industry and his new album Tical,  pre-released that very day, and one thing lead to another and I found myself doing things that normal college student do.  However, as a professional, it was out of line.  This one seemingly harmless event set in motion a roller coaster of conflict for that night.  However, I believe in the code in with we live by "what happens on tour, stays on tour" so I won't go into details.  Just know that whenever you do industry, keep it business.  Don't be a FAN.

Have Gun Will Travel

A lot can be said about the “gangsta rap” sub-genre.  Some may say that it is degrading to women.  Others say that it is poisoning the future of African-American youth.  Still some may refer to the music as mind-less and void of actual art.  But, no matter what one may think of the genre, one fact remains.  Gangsta Rap is a multi-million dollar industry.  And as such, its artists must be managed.

But how do you manage the seemly unmanageable?  Especially when you consider that the “artists” of this genre are self-described “gangstas”.  As an executive, personal manager, PR professional, etc., where do you draw the line between an artist’s antics being profitable and when their behavior becomes bad for business? 

Consider the recent arrest of gangsta rapper Waka Flocka Flame.  Here’s an artist that is no stranger to law enforcement. Waka Flocka joins the growing ranks of rap artists arrested firearm violations.  Waka was charged with carrying a weapon in a prohibited place.  That place was Atlanta’s Hartsfield Airport.

So, what is the ultimate job of an artist manager?  Is it to prevent situations like this from occurring?  Or, is it to finesse the problem?  Maybe it is to guide the media into reporting it in a positive light.  Most of job descriptions that I have found do not include the title of babysitter.  However, for a drama and stress free working experience, maybe it should.  But, on the other hand, how and why should you try to limit the actions of an artist when, more often than not, it leads to a larger revenue stream which translates to a larger piece of the pie for the manager. 

I say that to ask this one question.  What are the ethics of a “gangsta”?  Should we as industry professionals even care when dealing with a genre where jail time equals dollar signs?  Maybe whoever said, “there’s no such thing as bad publicity” was right.  I know it seems that way, at least when it comes to hip-hop, because the artists always seem to bounce back bigger and better.  No matter what you take on this is one thing remains to be certain.  The madness must be managed.