Monday, November 30, 2015

MUSIC & ENTERTAINMENT LAW

Entertainment Law is so important in the music industry. It’s the business foundation holding up all the artistic endeavors both individuals and companies embark on. Signing contracts, committing to service, borrowing money, or using other people’s intellectual property are some of the issues addressed by Entertainment Law. I’ve selected three current articles relating to Copyright Law, Trademark Law, and Patent Law. Each are in the music industry.

The first article has to do with Copyright Law. On March 10, 2015, the jury reached a decision in the Blurred Lines trial and awarded the estate of Marvin Gaye $7.4 million. “The case centered around allegations from the estate that Robin Thicke and Pharrell Williams, when writing their hit song, infringed upon Marvin Gaye’s Got to Give it Up” (Bailey, 2015). This has been going on for a couple of years and will probably continue. I think this is significant because it has to do with the written music and not the performance. Though someone wants to get an “oldie” sound, they have to be careful not to copy something without permission.

The second article has to do with Trademark Law. The superstar rapper and wealthy hip-hop musician filed a trademark infringement lawsuit against the creators of a humorous new Kanye West-themed digital currency called "COINYE" that is not something Kanye West gave permission to do. “The logo for the currency, which is bought and sold over the Internet, features a cartoon version of West wearing his signature ‘shutter shades’” (Dillon, 2014). Kanye says this is hurting his brand and wants them to stop using his brand to promote their company. It turned out that Kanye buried the Internet coin parody only months after it started (Schneider, 2014). It’s important to Trademark you name and not let someone try to misuse it.

The third article has to do with Patent Law. In February, a federal jury in Texas ordered Apple to pay $532.9 million to Smartflash LLC to compensate the company for infringing on three Smartflash patents in Apple's iTunes music software. Smartflash claims that Apple violated its patents in iTunes relating to digital rights management, inventions related to data storage, and managing access through payment systems. Apple is taking this to higher courts, but it looks like they will have to pay. This is a reminder of how important it is to check existing patents and to establish your own. However, I don’t think Apple will be set back much considering it makes more money every month ($25billion) than the entire recorded music industry does in a year ($15billion).

References:

Bailey, Jonathan (March 11, 2015). Living in Blurred Times. Retrieved on November 29, 2015 from: https://www.plagiarismtoday.com/2015/03/11/living-in-blurred-times/https://www.plagiarismtoday.com/2015/03/11/living-in-blurred-times/

Dillon, Nancy; Beekman, Daniel (January 14, 2014). Kanye West sues COINYE, themed digital currency, over trademark infringement. Retrieved on November 29, 2015 from: http://www.nydailynews.com/entertainment/music-arts/anye-west-sues-coinye-themed-digital-currency-trademark-infringement-article-1.1579164

Ingham, Tim (February 25, 2015). Apple ordered to pay $532.9m in iTunes patent infringement trial. Retrieved on November 29, 2015 from: http://www.musicbusinessworldwide.com/apple-ordered-to-pay-532-9m-in-itunes-patent-infringement-trial/

Ingham, Tim (January 29, 2015). Apple makes more money every 3 weeks than the entire recorded music industry does in a year. Retrieved on November 29, 2015 from: http://www.musicbusinessworldwide.com/apple-makes-more-money-every-3-weeks-than-the-entire-recorded-music-industry-does-each-year/

Schneider, Marc (July 17, 2014). Kanye West Buries Coinye With Lawsuit Victory. Retrieved on November 29, 2015 from: http://www.billboard.com/articles/news/6190174/kanye-west-buries-coinye-with-lawsuit-victory

Sunday, October 11, 2015

AN INTERVIEW WITH CHRIS WALSH

I had the privilege of interviewing Chris Walsh, the Executive Director of Tonto Rim Christian Conference Center in Payson, Arizona. He works for Transformational Ministries, a subsidiary of American Baptist Church, USA. They have 3 conference centers and 165 churches. We sat down to discuss his experience in negotiating and deal making. There are plenty of negotiation opportunities for a conference director with employees, visiting groups, and conferees. Since I am the Executive Director of Heartfelt Music Ministry, I knew what he had to say was something I could easily apply.

We discussed three issues at the heart of negotiations. The first one was separating the people from the problem. Walsh stated that you really do have to keep the person separated from the problem. His advice was to deal with facts, trying to leave out emotions in order to be fair and balanced. Be objective in your processing. “In the process of negotiating, keep the goals in mind. When both parties see the goal, sometimes they catch it themselves how they are not helping get to the goal.” This topic, as well as the following ones, are covered in an excellent book called Getting to Yes: Negotiating Agreement Without Giving In (Fisher, 2011).

The second issue was dealing with positional bargaining tactics. A clear definition is by Brad Spangler, “Positional bargaining is a negotiation strategy that involves holding on to a fixed idea, or position, of what you want and arguing for it, and it alone, regardless of any underlying interests.” Walsh told me sometimes he just couldn’t give them what they want. Haggling over the price of something is the most common experience of this. Is there some information you could give them that would help them see what they could get if they were even a little flexible? Assess how tight they are going to hold to their strong position, talk with them, then decide if they are really set or if they may budge on their position.

The third issue we covered was working toward mutual benefit. Walsh explained one of the ways he would do this, when a group would want to use their facilities, was to start with the lowest base price then add on features. Their base line for the camp is 150 people for the weekend. Base line for the visiting group includes many things from sound equipment, lodging, meals, etc. Adding on amenities is the mutual benefit. Unfortunately, some people will nit-pick and haggle about the price for the amenities. This is very frustrating and whittles down the feeling of helping each other. Walsh said going back to the facts and goals would help both parties get through the negotiations.

It was a joy to share experiences and laugh at some of the crazy things that happen when dealing with people and trying to reach an agreement in working together. Chris Walsh can be contacted at director@tontorimcc.com.


Resources:
Roger Fisher and William Ury. Getting to Yes: Negotiating Agreement Without Giving In, 3rd ed. (New York: Penguin Books, 2011).

Sunday, September 6, 2015

ETHICS IN THE WORKPLACE

Marty Nemko was speaking on KGO radio (he’s the Career/Education/Life Advice guy) and brought up the issue of a lack of ethics in society and the workplace. Since I was driving home from a concert in Santa Rosa, I gave him a call. I agree that we need to teach our youth about ethics and train parents to pass it on to their children. But training in ethics should be more than merely identifying good and bad behavior. We should include “consequences,” “resolve,” and “hedges.” If we can somehow give people a vision of the consequences of their actions, such as the destruction it would cause, it would help motivate them to make a resolve to act with integrity (such as “I will never cheat on my wife, but will reserve my romance for only her”). Then, we can think of what “hedges” to place around us to protect us from bad behavior (such as accountability with friends).
 

Unfortunately, there is a lack of ethics in the Christian church as well. Too often we hear of pastors who are stealing money, cheating on their wives, or lying. The Ashley Madison scandal has been an eye opener catching a number of leaders cheating on their wives. Ethics in the workplace is so important and has a ripple affect down the road. What do you think?

Sunday, August 9, 2015

BILL T. JONES AT TED2015 - A COLLABORATIVE EXPERIENCE

From one of the most popular TED Talks, legendary dance choreographer Bill T. Jones and musician friends Joshua Roman and Somi didn't know exactly what was going to happen when they performed at TED2015. They just wanted to offer the audience an opportunity to witness creative collaboration in action. The result was this improvised piece they call "The Red Circle and the Blue Curtain” (YouTube - Bill T. Jones: The dancer, the singer, the cellist ... and a moment of creative magic).


The combined talents of dancer Bill T., cellist Josh, and singer Somi beautifully weave music and dance history into the present. Bill T. begins by describing Isadora Duncan. Angela Isadora Duncan was an American dancer. Born in San Francisco, California, but moved to Western Europe and the Soviet Union from the age of 22 until her death at age 50 in Nice, France. She performed dance to acclaim throughout Europe. Her free-flowing style was revolutionary around 1908.

During Bill T.’s explanation of Duncan’s style, Josh is playing baroque music from 1722 (i.e. Prelude in C Major, BWV 846 from The Well-Tempered Clavier, Book I by Johann Sebastian Bach, arranged for cello). His exquisite background music is supported by Somi holding long diatonic notes over 4 measures. Bill T. begins to dance in the same style as Duncan with free-flowing movements interpreting the music.

They stop two minutes into their performance and change their twentieth century collaborative interpretation to a current collaboration of improvised synergy. Working together, they ad-lib contemporary rhythmic expressions from both Josh’s cello and Somi’s voice. Sometimes dissonant embellishments drizzle over and thrust into their creative artistry. Then, four minutes and 45 seconds into their performance, they come back to Bach’s diatonic prelude and Bill T. ends flat on the floor, on his back, in the same position as he began.

This was clearly a celebration of collaboration between three skillful artists. But perhaps this was also an appreciative commemorative of the creative courage found in Isadora Duncan. Bill T.’s introduction of Duncan starting her dances with her hands on her chest, then to end on the floor with his hands on his chest, suggests to me that Bill T. was giving tribute to Duncan’s art from her life to her death.

Another thing I really enjoyed was the teeming of young and old, black and white, baroque and contemporary, music and dance. Each individual performance was nothing spectacular or sensational on it’s own. Yet together, it was moving, meaningful, and an excellent example of what art is all about: taking the ordinary and making it extraordinary.

Wednesday, July 22, 2015

WORSHIP MATTERS - A BOOK REVIEW

There is a niche in Entertainment Business that has a unique and meaningful twist to what most consider entertainment: Leading people in worshiping God through music. Some hesitate to call it either entertainment or business, but it's all there...working with being on stage, sound, lighting, managing teams, organizing a set, lyric presentation software, even money (payment). I think worship leading falls into the entertainment business category. The band Third Day is a good example. They mostly do concerts where people are looking for a professional musical experience.

However, there are distinctions that make this niche different. Instead of seeking fame to promote themselves, the performers are seeking to promote God and draw people closer to Him. To look a little closer into Worship Leading, this blog post will review Bob Kauflin's book called Worship Matters.

I agree with worship leader Matt Redman’s comments on the back of book, "Bob loves God, values theology, and cares about people.  This mix is found throughout this wonderful and helpful book." The book is divided into four sections which I will touch on.
  • Part I – The Leader
  • Part II – The Task
  • Part III – Healthy Tensions
  • Part IV – Right Relationships
In Part I on The Leader, Kauflin says a leader is anyone in front of others who is influencing them (singers, readers, drummers, etc.).  I like how Kauflin describes many of the little things that consume us as leaders:  what people think, attitudes, musicians not showing up, and even technical things going wrong.  However, the most important thing is giving worth to God.  Worship matters to God because He is the one ultimately worthy of all worship.  Worship matters to us because we were created to worship God.  It also matters to leaders because it is one of the greatest privileges to lead others to encounter the greatness of God. Over four chapters, Kauflin identifies four important aspects of leaders
  • My Heart:  What Do I Love?
  • My Mind:  What Do I Believe?
  • My Hands:  What Do I Practice?
  • My Life:  What Do I Model?
These questions are a good way to check your passions, motives, lifestyle, and character. This is something everyone in the Entertainment Business should do.

In Part II, Kauflin covers The Task of worship leading.  He beautifully gives a working definition of the purpose in worship leading with the following sentence:

A faithful worship leader
magnifies the greatness of God in Jesus Christ
through the power of the Holy Spirit
by skillfully combining God’s Word with music,
thereby motivating the gathered church
to proclaim the gospel,
to cherish God’s presence,
and to live for God’s glory.


There is a wealth of practical and helpful insights in this section going into detail about what the focus is for worship leaders.

Part III explores the process of putting together a worship service and the Healthy Tensions that are a part of that process. He looks at nine critical areas that must be embraced and kept in balance. Issues like Head & Heart, Internal & External, Vertical & Horizontal, and Planned & Spontaneous. These are seemingly opposites that need to be emphasized and balanced to be effective.

Finally, Part IV describes how important it is to have Good Relationships in worship ministry:  Right relationships with the church (the people you see every week in your congregation), with your team (musicians, technicians, ushers, etc.), and with your pastor (or pastors if you have more than one pastor you work with). Since God is all about relationships, it follows that we should be all about relationships too. The program is important, our theology is important, but relationships matter most.

When it comes to our relationship with God, worship matters! He wants our love. I'm sure He must really enjoy it when we come together to worship Him with singing and praise. Many bands like Third Day, Casting Crowns, Tenth Avenue North, and Big Daddy Weave, do concerts with the emphasis of leading the people to worship God. Churches are doing this too, of course, but some are leaning heavily on the entertainment emphasis with fantastic lights and projections. I think this is good. What do you think?

Worship leading is a part of Entertainment Business and shares many helpful aspects. Kauflin has brought to the table, in his helpful and educational book, how the element of worship brings a unique distinction to this special musical and cultural genre.

Tuesday, June 9, 2015

A LOOK AT LES PAUL - LOVING MUSIC AND PEOPLE

When it comes to music entertainment, it’s about people as much as it is about music. The legendary guitarist and innovator, Les Paul, was born 100 years ago today. He passed away 6 years ago, but left a legacy of performance in jazz, pop, and country, as well as inventing the famous Gibson Les Paul guitar. Many people only think of the guitar when mentioning "Les Paul." In today's article by NPR Music called The Man Before The Guitar: Remembering Les Paul At 100, Paul's friend and band member for 30 years, Lou Pallo, explains that during some performances, Paul would say to the audience, "See, I'm not a guitar. Here I am. I'm Les Paul!"

Paul loved to perform especially in front of live audiences. Deep down, he wanted to connect with people and enjoyed bringing delight into their lives through music. His first performing experience was playing and singing country music on the radio in the morning, but then he would play jazz at night. Art Tatum and Fats Waller were jazz masters that heavily influenced Paul in the 1930's. Tatum was known as the "musician's musician" and was one of the greatest improvisers in jazz history. Waller was lovingly known as the "clown prince," a comic showman who entertained crowds with his playful stage antics. Even Django Reinhardt, known for his style called "gypsy jazz," became a good friend with Paul. Influenced by these and others, Paul became a skillful performer with increasing popularity.

This is a good example for all musicians who desire to perform. If you seek to connect to your audience, they will appreciate you, enjoy coming to see you again, and want to buy recordings of your music. The opposite would be to love music so much that you only care about the music and not about your audience. I would call this "practicing on stage" rather than truly entertaining. You may want something meaningful, enlightening, even spiritual to touch your audience. This can happen with stories about the songs, expressiveness during songs, even lyrics in the songs. But, you must be intentional and deliberate to present more than just music. Music is communication and the people in the audience are who you are communicating to.

Paul's career really took off after marrying Mary Ford in 1949. They wrote hit songs and performed for seven years on their syndicated TV show called "Les Paul & Mary Ford At Home." You can view many YouTube videos of their songs. One of their hits was The World is Waiting for the Sunrise.

However, there is another aspect of loving music and people that we can learn from Paul's experience. We must not let our love for entertainment business destroy our closest relationships. In 1969, Ford and Paul divorced because she wanted to stop touring. She wanted to settle down for a home life, but he was too caught up with his music and wanted to keep touring. In an earlier NPR Music article called Guitar Legend And Innovator Les Paul Dies, that came out the year Paul died (2009), it explains that Paul was so affected by the divorce that he "retired from the business for ten years." What a paradox! I think he realized he should have made his relationship to Mary more important than touring. It took 10 years for him to sort through that mistake. We must make our marriages top priority as we journey deeper into the world of music entertainment.

The 2009 NPR Music article explains that Paul returned once again to the entertainment business, with even more passion for people. "He made his comeback in 1974 with an old friend, Chet Atkins. The record they made together, Chester and Lester won Les Paul his first Grammy." He played consistently for 35 more years. During these later years, was known for never staying in his dressing room, but always spending time talking with people during breaks and every free moment he had.

It's alright to love music, but let's keep our love for people a high priority as well.

Sunday, June 7, 2015

INTRODUCTION

Everyone is on a unique journey both personally and professionally. I am so glad my journey has brought me to where I am today and I want to use all that I am to help others reach their potential.

In this initial post, I would like to give you a brief look into the elements that make up my journey right now. I will be mostly posting my professional endeavors and interests, so I'll start there. I am the Executive Director of Heartfelt Music Ministry. Our website is http://heartfeltmusic.org which gives a ton of information about what we offer like training workshops, concerts, CDs and other products for sale. I also teach at Valley Christian Schools in San Jose equipping students in their quest for excellence. As part of my continued professional development, I am working on an Entertainment Business Master of Science degree from Full Sail University. Feel free to visit my Tumblr blog, Reggie's Mastery Journal, which is dedicated to my Full Sail experience (inspirations, assignments, etc.).

To give you a snippet about me personally, I live in Mount Hermon, California, near Santa Cruz. I've been happily married for 31 years, have two boys in college, and love to play guitar (I am a Taylor Guitar Artist). For more details, visit http://heartfeltmusic.org/about/.