Advice from Entertainment Lawyers: James Hertz

Yesterday, I had the privilege to interview Orlando based entertainment lawyer,

 James Hertz. Hertz who has lengthy experience in law and entertainment participated in a little Q and A about his background as well as some legal advice for my business, a video production company.

Q: How long have you been in the entertainment business

A: 13 plus years

Q: Where did you get your degree?

A: The John Marshall Law School Chicago, IL

Master of Laws (LL.M.) in Intellectual Property (1997)

St. Thomas University School of Law Miami, FL

Juries Doctor (J.D.) (1996)

Woodbury University, Burbank, CA

Master of Business Administration (M.B.A.) (Finance) (2000)

University of Florida, Gainesville, FL

Bachelor of Science in Business Administration (B.S.B.A.) (1990)

Q: How can I protect my business from legal issues?

A: Having the proper contracts and legal forms.  Having the proper business entity (LLC).  Protecting intellectual property and goodwill of business through trademark, copyrights.

Q: The company I have is a video production company what advice can you give that will increase the companies chances of success in the industry

A: Do-good work.  Network constantly.  Have lunches with or make introductions to key players in the industry.  Of course marketing is key as well.

Q: As a video production company how can I protect myself from liabilities?

A: See answer to 3.

Q: What legal advice can you give a video production company?

A: See answer to 3.

Q: What methods can the company take to avoid infringement and other illegal issues?

A: See answer to 3.  Also, be aware of inadvertently catching third party trademarks and copyrights in productions.  Make sue you have proper releases and clearances for every production.  Make sure you have proper work for hire agreements.

The advice Hertz gave will help me prevent liabilities and common mistakes made in the entertainment industry. I know I’m on the right track because several things Mr. Hertz has mention I have been taught in my adv. law class. What I have cleared from the interview is that you most always get clearances for others work but to be careful of those who do not have the authority to give you that permission. I want to thank James Hertz for his time and advice that will stay with me forever.

For more information on James Hertz and how to contact him go to: 

http://www.hetzandjones.com/

References:

Hertzandjones.com

Legal Advice from the Expert

Gordan Firemark a lawyer out of California provides a monthly podcast on www.entertainmentlawupdate.com. Whenever I have questions or even need free legal advise about the entertainment industry I flood this site. Although the topics of discussion are random they apply to common topics in different industry of entertainment. In episode eight, Mr. Firemark touched upon trade infringement. Apparently, Google will be releasing a new phone called “Nexus one,” a claim has been dropped from an author who used the name “ Nexus six,” in his published book. The discussion actually opened my eyes to a lot, and at that particular moment I realized people would sue pretty much for anything. Mr. Firemark went on to break down the potential case giving legitimate reasoning for why the plaintiff in the case mostly would not being. 

The term Nexus was only used once in the plaintiff’s book and the cell phone provider is in no way using the term in the same light as used in the book. While Mr. Firemark goes in- depth about the pros and cons he eventually gives his opinion stating the plaintiff had no case. This type of discussion can be applied to my business just as the discussion in episode number 17. In episode 17 Fire mark discussed a case involving potential copyright infringement. This incident is something all music composers should watch for because something that seems so incident and harmless could cause uproar. A young man created a song from tweets that Kayne West tweeted and actually preformed the song on a late night show. Although the young man was never tried in court Firemark makes a valid point when implying a potential case. He explains that if Kanye or Twitter tried to sue the young man could argue fair use and parody. 

He explains why throughout the podcast but cautions the listener to be careful. The young man could argue parody because the content of the song was comical, references random Kayne tweets. He could argue fair use Firemark explains because the attention was not to confuse or tarnish Kayne name or image. The song was created for pure fun and entertainment.  This is why I tune and to get my daily dosage of legal advice because you never know when a situation may occur in the entertainment when some of the podcast you hear may come into play, sense the entertainment industry is filled with con artist. In a final podcast that was my favorite since it relates directly to what I do Firemark brings up the issues in a copyright infringement case that left songwriters with 47.5 million dollars. In a case that involved Sony Canada the songwriter were awarded the millions of dollars after it was found that Sony had reproduced thousands of copies of the writer music without their consent. As a songwriter this is something I will stay aware of because release un-licensed productions can lead to a road of unwanted problems. Firemark explains that licensing and clearance needs to be received before other can use it for profit or any other reason.

References

www.entertainmentlawupdate.com.

thebillablehour.com

OMG,lots of Liabilities!

When starting your own company there are several issues a company can run into. BCB Entertainment (my company) is a video production company that targets unsigned, independent and indie artist of all genres. We create music video along with photography for these artists and distribute it to record labels and other sources. BCB entertainment also has an online site where we upload artist music and the site also allows the artist to download free mix tapes and other music uploaded to the site. Well, a couple years ago back in 2006 Universal Music group sued MySpace for copyright infringement. Since my company provides a similar service I’m sure this is could possibly happen to my company. The main issue in this case was Universal Music Group had not granted MySpace the rights to post the artist signed to that labels music on Myspace for users to download. The key element here is to get permission from the creator so you can publish their songs on your site, if you don’t have the rights to the music. Another legal liability could be royalties over music or video productions. Lets say for example, we (BCB Entertainment) create a concept for a video for an unsigned artist and pitch to record labels and they like it and it becomes a hit. There after the dance used in the video becomes a trademark on TV shows and commercials etc. There could be a debate over who gets the royalties for that dance how much money should be awarded. This is a similar issue that took place with a hit song wrote by songwriters A-Rex. The song entitled “ One Less Lonely Girl,” was featured on Justin Bieber’s debut album. Well apparently the song blew up and the title of the song has been featured on merchandise throughout the country. The songwriters feel they are entitled to the agreed amount of royalties and have taking it court. While the outcome of this case as yet to be decided this is something that can easily happen to BCB Entertainment or any company producing something for someone else for profit. This is why little details in a contract are very important it should always underline every aspect of product or service. Another liability my company could be held liable for is damaged rental property. For instance, while searching the web for relevant articles I came across an article on rap-up.com, which featured a lawsuit against Rapper Nicki Minaj. According to rap-up.com, the rental company that lent Minaj the vehicle is suing here over damage (12,000 to be exact) to the Lamborghini that she drove in a video shot back in 2010.  This is something that can occur therefore all property used from other services need to be treated with delicate care, also a check list needs to be done that way any damaged found on property before usage will not be pinned on the new user. All and all these articles have opened up my eyes to a lot of liability issues that come with the type of business I plan on conducting.

By Brittney. B

References:

http://www.hollywoodreporter.com/thr-esq/justin-biebers-one-lonely-girl-171888

http://www.nytimes.com/2006/11/18/technology/18myspace.html

http://www.rap-up.com/2010/06/12/nicki-minaj-sued-over-lamborghini/

The Chris Brown Saga continues

We all have either seen or heard about what went on with Chris Brown and Good Morning America on early Tuesday morning. Well if you have been too busy to care, let me give you a little run down of what transpired. According to sources, like Media-takeout and TMZ, while on GMA Chris Brown was asked questions about an incident that took place over two years ago. That incident in which Chris Brown beat his than girlfriend Rihanna to a bloody bump.  You  may be wondering what occurred this time and if he beat another woman but thats not quite the case. What occurred a day ago on GMA left everyone and their mama feeling like Chris Brown had some serious emotional and anger issues. After award winning journalist, Robin Roberts asked Brown several questions about the domestic dispute that occurred between he and Rihanna Brown calmly answered the question and than reminded everyone to buy his new album out today FAME. The issue is that after doing the interview Brown went on a " violent rage," ( TMZ) that left a window in the studio shattered. Sources are saying Brown will be arrested and persecuted but honestly I don't know how to feel about this incident. Its obvious that Chris Brown has anger management issues but where are the positive in his life letting him no thats not the route to take. Honestly these people get paid major bucks to assist him so why not come to his aid when he needs it the most. After the Rihanna situation Brown has had limited success in the music industry and as of late music fans and the entertainment industry have been very receptive of him. The fact that people see him doing well and continue to bring up his past could be frustrating for any artist, no excuses are being made for Brown granted he should be held accountable for all his actions and he must quickly learn how to control his emotions or his name will forever be involved in something negative. At the end of the day Brown lacks a good support system and a male figure who can show him the steps to not only becoming a man but also how to balance the industry life and his personal life. Whats your take on it? Heres a clip of the interview, feel free to voice your views.

Never Say Never

Last weekend, I was one of many who went and watched the Justin Bieber movie. I was actually surprised by the way the movie was put together. I mean I'm not a Justin Bieber fanatic but I do admire the kid’s talent. Watching the movie opened my eyes to a lot of things, I now know the struggles and adversities he overcame to become who he is today. Not only that, but watching the movie gave me new inspiration to pursue my dreams. Bieber was discovered on Youtube but was over looked because the music industry claimed they did not have a "platform," for him. He eventually hustled is way into the industry and the rest is history. The movie inspired me because it showed me that the award does not always go to the most talent person but to the person who works the hardest. Some of you guys out there may be thinking, now come on Brittney you are an adult talking about a teenybopper. But those of you with that type of mind frame are the same ones who will be in that exact spot next year and years after watching me on your television. The moral of the story is to utilize every opportunity to bring you closer to your destiny. You see by watching Justin Bieber's movie it showed me some steps I can take to reach my goals. It also showed me that there is room for me in the industry but it will not be giving to me. A wise man once told me, you have to go through a lot of No's before you get to that one Yes. Not everybody will like you or except you but if you keep fighting you will find that one person that does. HitFix.com stated in a report that, "Bieber is the first teen idol to rise to superstar prominence so ably aided and abetted by social networking." The power is in your hands with Youtube, Facebook and all the other social networks. Record labels denied Bieber, they said he would not be a great entertainer but "never say never," the social networks are here.


By: Brittney C. Boston


References:


http://www.hitfix.com/blogs/the-beat-goes-on/posts/movie-review-justin-biebers-never-say-never

Negotiating with Carl "Big Cee Jay" Johnson

A sit down with Carl " Big Cee Jay" Johnson.

Recently I had the privilege to meet Carl Johnson a.k.a "Big Cee Jay," at an Orlando music conference. Big Cee Jay who is an industry mogul has worked with many southern artists like Jackie O among others. One thing Big Cee Jay prides himself on is giving back to the community and doing so he allowed me to pick his brain about the negotiating tactics he uses in the entertainment industry. Having numerous years in the entertainment industry specifically in music, Big Cee Jay was able to provide me with essential information that could help me in my future negotiating deals in the entertainment industry. I opened up the discussion by asking Big Cee Jay how he used his BATNA when negotiating a contract for an artist.

Big Cee Jay replied with,

“Most of the time if its anything dealing with a label I bring in a entertainment lawyer to do the negotiating. If it’s something dealing with another artist or endorsements I will step in and do the negotiating myself. Dealing with a label can be tricky and if you don’t speak their language everyday you can make some huge mistake. It’s best to bring in someone that works with those terms every day. Now dealing with features for your artist and working on endorsement is something a manager does every day. If you know your client's worth and have done your research you will do well in a negotiation.

 I followed up that question by asking Big Cee Jay how did his "Status" play a role in his negotiations, Big Cee Jay stated,

“ With me most people know I’m fair but I want the best for my client. Before I sit down to do any negotiating I do my research so they know they can’t tell me anything. Make it known that you don’t BS and people will respect you at the table. (most people).”

 Lastly, I asked Big Cee Jay how he separated the people from the problem when negotiating? Big Cee Jay’s response was,

“This is easy never make it personal keep it all business.”

So, there you have it some of the best advice you can get from an entertainment representative and it did not cost you anything. For more information on contacting Big Cee Jay visit his website at http://stepoutoflinepromotion.net/ or follow him on twitter at www.twitter.com/BigCeeJay.

Interview by Brittney Boston ( BCB entertainment)

Making your MONEY work for you!

If your parents were anything like mine than you were advise to go to school and get a college degree in order to get a “ good job,” to become financially stable in this economy. Pretty much the same tale that Robert Kiyosaki preaches in his book entitled, Rich Dad Poor Dad. The thing about going to school is it wastes so much time but it can pay off. Most likely a college graduate will end up with and average job making between 40,000 to 60,000 dollars a year. There are a few jobs that at first hand you wouldn’t think paid as much but they actually do and with or without a college some of the jobs are worth the time and effort. Recently, a report was gathered by CNBC listing the top jobs that pay $100 or more per hour. According to CNBC, the list goes as following: Under Water Welder $900-1200 hr; Anesthesiologist $101.80 and hr; Commercial Pilot averaging $120.00 hr; Tattoo Artist $130 hr.; Arbitrator $130 hr.; Orthodontists $99.13 hr.; Freelance photographers $100 hr.; Interior Designer $100 hr.; “Part” Model $ 100 hr.; Life Coach $100-$150 hr.; Message Therapists (private) $100 hr; Political Speechwriter $100 hr. Now, some of these jobs do not require a college degree, which goes to show you can be financially wealthy in this world without an education. But, school is ultimately the route to take to gain the tools necessary to flourish in many careers although some odd jobs such as the ones listed above can help you stay afloat with the economy and above average. Sometimes the award is giving to the person with the most experiences, who knew a “ Part Model” could make more than 20.00 hr, but people are willing to pay a great amount for things that are hard to come by such as a hand model in this case. Many of these jobs for instance, like an Under Water Welder or a Commercial Pilot pay a price for the job they perform regardless of the pay. According to CNBC, pilots spend on average 360 hours away from home, which could be straining on a marriage. Also, being an Under Water Welder is a very dangerous job that requires long hours. There will always be cons and pros but just know that in order to take a career with one of these $100.00 an hr jobs and live comfortably something must be sacrificed.

By: Brittney Boston