Presenting Your Art To An Audience Is'nt Always Easy

I had an interesting week attending shows at the Orlando International Fringe Festival.  This year marks the Festival’s 20^th anniversary combining cutting-edge performers with innovative works.  Each year, artists join together from around the world to tell their stories and produce their own shows.  All proceeds directly benefit the artists.  The festival is billed as “10 days of Theatre, Art, Music, and Madness.”  As I enjoyed the festival this year I was reminded how difficult it is to put yourself out there and have the world critique your work.  It’s not easy!  

Right around 8 years ago I had the opportunity to write and produce my own show at the Fringe Festival.  It was an amazing experience and I learned a lot about myself.  Although the critics panned my show, the experience was worth it.  I learned that you have to continually take risks creatively if you want to be successful in the entertainment industry.  Each experience teaches you something new that will help with your career goals.  This process requires a passion for art and ultimately, leadership. Without leadership your art will not find an audience.

If you really want to put your creative content out there whether on stage, television, on film, or in a book, you must have passion for it.  Many people in the industry have the passion but lack the leadership.  Leadership is essential for selling your creative content.  You must be able to build partnerships and move the process forward.  Once you have put it together, you have to sell it.  This can be the hardest part and many search for agents, managers, or producers who can do this work for them.  If your lucky, you can focus on writing and you will have a team to focus on the selling.

However, most of us have to take the lead on selling our idea by ourselves.  There are many new avenues for us to sell our creative content.  Print-on-demand services allow writers to self publish.  These services are becoming more popular as new technologies begin to emerge.  The traditional model is slowly fading away.  You have to do your homework when selecting one of these services.  You should learn about the many different companies available and evaluate the pros and cons of each.  You may find the perfect fit for your creative content.  You can find more information on POD’s at www.sfwa.org. 

Fringe is an excellent opportunity for creative writers and artists to put their show out there in a relatively safe environment.  Print-on-demand services offer a similar but different opportunity.  However, you must have a balance of leadership and passion.

http://orlandofringe.org/

http://www.sfwa.org/for-authors/writer-beware/pod/

It May Be Time To Self-Publish

 Are you frustrated with trying to find an agent to get your creative work published and distributed?  It can be a daunting task due to the overwhelming number of writers simultaneously shopping their work.  Agents and industry executives are bombarded with submissions from creative types and they cannot possibly sign us all. 

Recently, I have been researching alternative ways to publish and distribute my own creative work.  My findings reveal that there are other alternatives to the traditional model we have become aware of through the years.  Technology and the Internet have changed the way consumers are purchasing content.  Print-On-Demand (POD) services open up opportunities for self-publishing for many writers.

Print on demand and publish on demand is a printing technology and business process in which new copies of a book (or other document) are not printed until an order has been received.   Many traditional small presses have replaced their traditional printing equipment with POD equipment or contract their printing out to POD service providers.  

POD services utilize digital printing technology to provide publishing services to writers. They range from DIY services like Lulu.com, which provides free online templates that allow anyone to upload and format a book, to super-fancy (and extremely expensive) publishing packages that include editing, custom cover design, enhanced marketing, and other extras (www.sfwa.org).

These POD services are not just for books.  You can find service providers who specialize in publishing and distributing your music like CDBaby.com.  This service will sell your music to iTunes and other music providers.  They will make your music available for purchase online.  In addition, you can find services to offer your film or audio-visual work.  CreateSpace is a subsidiary of Amazon and offers POD services for books, CD’s, and DVD’s. 

There are pros and cons that need to be carefully considered when choosing a POD service.  You should understand the cost for the service and how much revenue you will retain per unit.  You want to maintain control of your work and make sure you maintain publishing rights.

POD services can be an excellent option for some writers and some projects. For others, however, it is simply not the right choice. It is vitally important

to understand the facts, assess your goals, and make an informed decision.

You can find some incredible information on POD’s from the Science Fiction and Fantasy Writers of America website.  Check it out!

http://www.sfwa.org/for-authors/writer-beware/pod/

Protecting your Creative Property

It is very important for creative professionals to protect their intellectual properties.  Can you image if someone infringed on your creative project?  I know, I would be devastated if that happened to me.  So I thought this week, I would interview an entertainment attorney who can help answer some important questions so we can protect our creative works.  I was fortunate to land an interview with Steve Hilsee, Senior Legal Entertainment Council for Walt Disney Entertainment.  Steve and I have actually worked on a few projects together throughout my years at Walt Disney World.  He advised me through a major contract involving an event featuring Lenny Kravitz in concert.  He was invaluable during tough negotiations with multiple parties.  It was a source of comfort for me to have Steve’s experience with entertainment contracts.  I sat down with Hilsee and we discussed his latest projects with Walt Disney Entertainment.

RF:  First, I want to thank you for taking time out of your busy schedule to talk to me about entertainment law and your role with Walt Disney Entertainment.  Can you tell me some of the projects that you are currently working on for the company?

SH:  First, it is my pleasure to sit down and talk with you, Ray.  You and I have crossed many paths throughout the years.  My role with Walt Disney Entertainment is to work with all the production and casting teams at the Walt Disney World Resort and Disney Cruise Line and protect the company from any legal liabilities that may arise.  Needless to say, I stay quite busy with a multitude of entertainment law issues.  Currently, I am working on an international contract with Talent Casting and Booking.  They have identified a performing group from China that they want to contract to perform daily at the China Pavilion at Epcot.  They identified the group through a third party from New York City.  We drafted a detailed contract to be sure that all labor laws are followed.  With an international contract we need to understand and work with different customs, terms, and legalities.  There have been several delays in the process and the third party refused to forward our contract to the Chinese government for approval of the performer’s work visas.  It has been a process.

RF:  International contracts especially in China must be difficult to follow as the law continues to evolve?  Did you work on any of the Disney Shanghai Theme Park negotiations with the Peoples Republic of China?

SH:  Yes, international law can be tricky, especially in regards to China.  I did not work on the legal negotiations for the Disney Park in Shanghai.  However, I was made aware of the progress and the issues we were negotiating with the Chinese government.  Our legal team did a great job with these negotiations and ultimately arrived at an agreement.  This arrangement is going to open up a whole new market for Disney.  It’s a huge accomplishment!

RF:  What entertainment law concerns do you deal with on a regular basis?

SH:  Well, I examine multiple contracts everyday that involve agreements with performers, production companies, as well as intellectual property issues.  For example, we produced Finding Nemo, The Musical and I was the lead attorney with many of those contracts.  Disney hired many outside consultants to develop the show.  One of those contracts involved the creators of the music.  Tony-award winning musical composer, Robert Lopez, and his wife, Kristen Anderson-Lopez, penned new songs specifically for the show.   Of course, the rest of the music was taken from the movie.  So, all of these intellectual property issues were negotiated with each rightful owner of the music.

RF:  Do you have any advice for creative individuals who are creating music or other intellectual property?

SH:  The most advice I can give is to be sure you are consulting a qualified attorney who specializes in entertainment law.  There are many attorneys out there but you must work with someone who specifically understands the entertainment industry.  It will be most beneficial for you to seek council prior to entering into an arrangement.  This is the best advice I can give you.

RF:  Thanks again Steve for your time.  I know you are a very busy man and I appreciate you sharing your insight. 

SH:  You’re welcome Ray.

My conversation with Steve reinforced my belief that those who are involved in the entertainment industry should seek the counsel of a qualified entertainment law attorney. Taking this invaluable step can protect you from making a legal mistake that could endanger your company or your intellectual property rights. 

http://disney.go.com/index

Registering Your Creative Work is a Must!

Many creative people fail to register their scripts or music with the United States Copyrights Office.  This causes many legal problems for the creative community.  Recently, I have been researching articles for Intellectual Property infringements and came across three that were interesting.  I thought I would share my thoughts on these cases.

First, in a copyright infringement action against the producers of You Don’t Mess With the Zohan, a court awarded the defendants, Sony Pictures Entertainment Inc., $1,000 in attorney fees after considering Robert Cabell, the plaintiffs financial circumstances (Loeb & Loeb, 2011).  The district court granted Sony’s motion for summary judgment.  Which is a decision made based on evidence and statements presented on record without a trial (www.lectlaw.com).  Cabell alleged that the film and its marketing materials infringed his copyrights in works featuring a character named Jayms Blonde.  Apparently, he did not have the supporting evidence to convince the court to take the case to trial.  The court ruled that Cabell’s claims were objectively unreasonable.  The original motion was a fee upwards of $568,000.  However, the court considered Cabells financial situation and lowered the fee.  This is an example of someone who took the risk of suing a major corporation without the proper evidence.  He was lucky his financial situation was bleak because the court could have required him to pay all of the defendant’s attorney fees. 

The second article that I have found interesting involves new technologies that are emerging and causing a whole lot of Intellectual Property issues.  Recently, a cease-and-desist letter was sent to Ali Davar, founder and CEO of Zite, the iPad news magazine software creator (Indvik, 2011).  The letter was sent from some heavy hitters in the news industry including the Associated Press, Dow Jones, and Gannett and Getty Images.  Zite analyzes users everyday reading habits and pulls the information from Facebook, Twitter, and Google Reader.  They know what stories the reader clicked on or bypassed.  They even can determine how long they’re read.  This gives users an online magazine tailored to their own interests.

The concern comes from the publishers who complain that pulling the content from their sites takes away the potential for ads and other data.  They are not getting any pageviews or ad impressions and this has an adverse effect on their businesses.  Davar has cooperated with the publishers and agreed to render their content as a webpage.  It will be interesting to see if Zite begins a strategy with these publishers in the future.  It seems to me that they could negotiate a deal where both Zite and the Publishers could benefit.

Finally, the last article deals with writers stealing content from online blogs to incorporate in television episodes.  Apparently, CBS and their CSI:NY series created a show based on Teddy Wayne’s creative blog (www.motherboard.tv).  Unfortunately, Wayne did not understand his freelance contract with Radar, the gossip magazine, and unknowingly handed over his rights to them.  Therefore, he is unable to seek action because he is not the owner of the copyright.  A CBS attorney implicitly acknowledged that the series used his blog to develop the show.  This brings us to the importance of understanding anything that you post on the Internet.  If you post your content on Facebook, you have just given them the right to do practically whatever they feel like doing with your photos, updates, and profile data (Pasternack, 2011).   As creative people, we need to always make sure your creative content is protected.  You can find more information on how to register your work with the United States Copyright Office at www.copyright.gov. 

References:

http://www.lectlaw.com/def2/s102.htm

http://www.jdsupra.com/post/documentViewer.aspx?fid=0382ed14-70f6-49a1-9c80-d61570cb2a83

http://mashable.com/2011/04/01/zite-cease-and-desist/

http://www.motherboard.tv/2011/2/22/tv-shows-stealing-from-blogs-and-other-internet-wonders

http://www.copyright.gov/

Columbia Artists Management Inc.

Are you in need of an Artist Management Company to help you manage your career?  Recently, I have been researching companies who do just that and found one that has been in existence since 1930.  Columbia Artists Management Inc. (CAMI) is an international leader in managing the careers and touring activities of the world's most prominent performing artists and institutions.  Led by Chairman and CEO Ronald Wilford as well as the managing partners of their subsidiaries, the company has been on the forefront of performing arts management and production throughout the world for eight decades.  You should definitely do your own research when looking for someone to manage your career, however, here is a company with years of experience that may be an opportunity for you.  

CAMI continues its legacy in the discovery and career development of the next generation of young artists.  The company maintains its position as the world's largest classical music management firm internationally and is recognized for its distinguished list of Artists & Attractions. 

The firm’s managers include a diverse selection of individuals who specialize in the careers of instrumentalists, conductors, opera singers and other vocalists, as well as in the touring activities of orchestras and instrumental ensembles. Complementing its activities in classical music, the company manages an extensive roster of world music performing artists, as well as the leading classical, modern and popular dance companies.

For over thirty years, through its Columbia Artist Theatricals (CAT) subsidiary, CAMI has pioneered the development of national Broadway touring. Today, CAT continues its long tradition of distributing the highest caliber of theatrical entertainment. Through the further development of collaborative partnerships, CAMI continues to expand its activities at the forefront of media development and the performing arts.

As you are searching for someone to represent you, you should make sure the company has the experience and clout to lead your career in a positive direction.  This may be the most important decision you make in your career.  For more information, check out CAMI website.  You may find some helpful information from one of the leading Artist Management companies in the industry.

Reference

Retrieved from:  http://www.cami.com/?

Sponsorships can be a win/win for Artists and Companies

Are you having a hard time finding the funds for your project?  Recently, I came across an interesting article on the Artist Management Resource website.  The article gives some great advice for Artists who may be looking for sponsors for their tour.  It turns out that companies are also looking for new ways to reach their customers.  Many businesses are beginning to discover that consumers are becoming harder to reach using traditional advertising/marketing techniques.  Sponsorships can provide a win-win situation for all involved - a way for businesses to reach consumers more effectively by utilizing integrated marketing; and an avenue for musicians to acquire funding for their tours and/or projects. I thought I would share some important tips from the article so you can jumpstart your career.

First, you must be able to clearly identify your audience, their loyalty level and buying habits - apart from buying your music/merchandise and attending your shows.  Your target audience may just be the right fit.  For example, if the highest percentage of your audience member’s are 34-55 year old females; they are proven to buy health and beauty products.  Perhaps businesses that sell similar products to this audience would be interested in supporting your efforts. 

You must also identify the benefits and market them to potential sponsors.  Be aware of the benefits that will be most useful to a prospective sponsor including your mailing list, image, talent, or perhaps even logos, merchandise, and even copyrights and trademarks.  You should keep your fees reasonable as well.  In addition, you need to be clear about the type of image you project.  Sponsors will associate with projects that fit their image they are trying to establish and cater to the demographics they are trying to reach.

Another suggestion is to create or produce a project that is appealing to the media.  Companies prefer projects that can attract TV coverage, especially if their logos and/or products can show up in the broadcast of an event.  Be open to bundling your project with other companies that have more clout than you.  However, you must limit the number of companies that you attach to the event/project.  Conflicts will occur when sponsors compete or don’t match well with other co-sponsors.

Finally, you want to help your sponsor to gauge the effectiveness of the benefits that you are offering them.  The business needs to make sure they are generating a solid return on their investment.  A suggestion may be to hand out flyers at the event with a coupon offering a discount or promotion.  This will help the company measure the success of the sponsorship.  You also need to prove that you can deliver the benefits promised to the sponsor.  Make sure you follow through on all professional promises.

Artists continually search for funds to help support their projects.  Sponsors are a great way to help!  You can find more great information on this topic as well as Artist Management information at www.artistmanagementresource.com.  

Retrieved from:  Rwakaara, J (2007) ArtistManagementResource.com

The River Of Trust at Disney

A successful corporate event at Disney merges the entertainment and hospitality industries.  Michael Roach, Sales Director for Walt Disney World understands both worlds.  In addition to nearly 15 years of experience at Disney, he has also held national sales positions with the Ritz-Carlton Company, Amelia Island, and Hyatt Resorts Caribbean.  For the past 20 years, he has managed people, programs, and budgets to deliver events that are both entertaining and effective.  Recently, I sat down with him to discuss how he continually succeeds with negotiating deals for Disney.  His insight was inspiring and his success is based on what he calls “the river of trust”. 

RF:  First, I want to thank you for taking some time to talk with me about your role at Disney.  You certainly have a busy job making magic happen at Walt Disney World.  Can you start by explaining your role with Disney Parks and Resorts?

MR:  My job at Disney is to create opportunities for corporations to hold a dynamic event at Walt Disney World.  We work with our amazing creative teams to develop an event that finds solutions and maximizes their return on investment.  Their decision to book an event here is not taken lightly.  There are a lot of other locations where companies can take their business, not only in Central Florida but also around the world.  Our differentiator is what we call the “Disney Difference”.  We have some of the best Creative Directors who focus on their message by using the vast amount of resources available at Disney.  This includes the incredible entertainment that we are known for around the world.  Our tagline at The Disney Event Group is “Everyone has a story, we help you tell it”.  My job is to help build that river of trust with the client so that we secure the business and our clients walk away with a world-class experience for their attendees.

RF:  What do you mean by building the river of trust?

MR:  It’s about building professional relationships so that our guests feel they can trust us with their event.  The meeting planners are tasked with making sure they deliver on the experience.  They have to trust us before they sign a contract to ensure the deal works for them.  Building that professional relationship is the key to gaining their trust.  They have to feel that they are “winning” something from the negotiation.  If they can trust that we are looking out for their best interests they will move forward with signing the contract.  We build that relationship by listening to their needs and collaborating with them to develop solutions for our client’s event.  The result is quite powerful when all the stars align.  My proudest moments, and the most rewarding ones, are when our clients come back year after year because of the foundation of mutual trust. 

RF:  It sounds like you work with your clients for mutual benefit.  You gain a sales contract that ultimately helps the Disney stockholders and the client gains an incredible “Disney” experience with a strong return on their investment.  Would you agree? Do you believe that mutual benefit is important in negotiations?

MR:   Absolutely!  The client must feel that they are benefiting from the negotiation.  They must walk away knowing that the investment was worth the experience.  In the end, if the client is happy than we are happy.  We know that their experience with us will play a role in their decision to return in the future.  That is why the Disney brand is so successful.  We are dedicated to delivering world-class service.  This is a winning model for us and ultimately benefits our company while servicing our client’s specific goals.

RF:  Have you ever dealt with clients with differing values than Disney?  How do you deal with dirty tricks in a negotiation?

MR:  Disney has strong corporate values that we take very seriously.  We believe in honesty, integrity, diversity, courage, openness, respect, and balance.  These values are so important when it comes to a negotiation.  They become a road map for a successful outcome.  There are times when I have seen different tricks played by some clients.  Typically when I see dirty tricks, I have not done my homework with the client.  I need to listen more to their needs and come up with alternative solutions for them.  For example: They may want a lower cost for their experience.  My job is to present those solutions.  I will work with my team to look for cuts in the budget that will not have a large impact on the overall experience.  This approach has worked for me with these clients and many times I have been able to secure the business.

RF:  You certainly have a very interesting role at Disney.  Thank you for your time and explaining your important position to me.

Mr. Roach has an incredible perspective on successful negotiations.  Developing professional relationships to build the river of trust is so important for a successful outcome.  I think we all can take his advice when it comes to negotiating a deal. 

For more information on The Disney Event Group check out their website at www.disneyeventgroup.com