Why We Should Refer To The Experts for Guidance When Creating a Business Plan

It is no surprise to hear that television stars such as Bobby Flay and Oprah Winfrey are referred to as business experts. As per research, Bobby Flay, known as one of America’s most popular chefs, and owner to six luxurious restaurants and five lay-back diners is bringing millions of dollars annually and he is not stopping there! Flay first was introduced to the restaurant atmosphere when he was seventeen years old and landed a job at Joe Allen’s restaurant which happened to be one of his father’s business partners. He later entered the French Culinary Institute in New York. With other projects under way, Bobby Flay will continue to grow his multimillion dollar empire!

On the other hand we have Oprah, who despite growing up in a troubled home and being a victim of sexual abuse for several years, quickly turned her life around. Leaving experiences behind, she moved in with her father, a businessman and a barber in Nashville. A little later, Oprah entered college and began working in radio and in broadcasting. Currently she is one of the wealthiest women alive! Sources say that during the first year of “The Oprah Show,” the show brought in over a $125 million in profits.  

Oprah Winfrey and Bobby Flay are great examples of the many individuals who successfully managed to create effective business plans that resulted in the birth of their personal money empires. So how did they do it? If you had a business idea and wanted to write a business plan, what things would you consider and how would you go about it? What makes a business more effective than another?  What is it that Bobby Flay and Oprah Winfrey have that some of us have yet not been able to harness, when it comes to launching successful businesses?

So what do investors want when they look at business plans? Based upon sources, investors look at “key and critical components” that make-up a business plan before making any type of investments. For those of you who are thinking about launching a business, it is suggested that you must have a working concept, a functional and working business name, a good logo and a catchy slogan. Sources suggest that in order for a business to function properly and thrive, the business idea must be attractive, unique and highly marketable. In other words if you are bringing something new to the table ask yourself why it is important and if it is something old as  yourself what makes this business idea unique. Without innovation or marketability potential the concept is more than likely to fail.

To that effect the name of a business is highly important because it is a representation of the products and services as well as the owner. So, for example if you are interested in selling spaghetti and you decide to call the business “Lick the Noodle,” some audiences may be offended by the name yet others may not. When deciding a name, be considerate of all audiences and make sure it is related to your product and that evokes a message that you want to instill and not one that may ruin the credibility of the business.

Sources underline that in order for logos to be effective they must be simple. Think of the McDonald’s logo, it is simple, appealing and easy to remember. If the logo had a milkshake and a spaceship, wouldn’t it be hard to remember and would it still be appealing? The answer is, probably not.  In a nutshell, make sure that the logo is relevant to your industry, product and the message or feeling you want customers to obtain when they see it. For example, if you are launching a restaurant, you may want to consider the emotions or feelings you want people to obtain when they see the logo. Do you want them to think mouth watering tacos or yuck? Lastly, the slogan that is attached to the business must also be catchy, relevant and easy to grasp. A 20 word slogan would probably drive less attention than a five word slogan or one like “just do it,” by Nike.

In any case, when it comes to making a business plan appealing to investors, it is important to look at the celebrities who have been up that road and had their share of success and how they are still running their businesses. Second, you must create a plan that holds the key and critical components to making a business successful. Planning, thorough research, having an appealing concept and being innovative will also help you tremendously in developing a striking business plan. If they did it, why can't you? 






"Feed Your Entertainment is dedicated to bringing you the latest news in entertainment, providing resources and tips on running your entertainment business for the purpose of helping your current or future career eandeavors"....Itzel Yagual

Sources:

http://youtu.be/zg3T96fUZro

http://youtu.be/4o5bFmOJ6fw

 

http://bpexpertviews.blogspot.com/

http://www.caycon.com/blog/2011/09/investors-look-for-these-six-competitive-elements/

http://www.oprah.com/pressroom/Oprah-Winfreys-Official-Biography

http://www.biography.com/people/bobby-flay-578278

What To Consider When A Child Is Interested In An Acting Career

If you have a child, have you ever thought, how cool it would be to see your little one on the big screen, on a television show or even on a commercial? As a mother to a happy    go lucky five year old, the thought has crossed my mind, not once but many times. From the moment my daughter was two, neighbors, friends and strangers would say, "she is too adorable" and that her round "expressive eyes, could win over audiences." Back then, I thought, "that is sweet" and didn't pay much attention to the complements or think that there may be some truth to what was being said. Today, I see a lot of potential in my daughter and not because she has an adorable look but because she is confident in speaking in front of people and unafraid of being herself. 

In June of 2010, before moving to North Hollywood, California, I took my daughter to an audition at the Macy's shopping center in Seattle, Washington. There were about a pocketful of young children there, similar to my daughter's age and the rest were in their mid teens. I was a little scared thinking to myself, "am I pushing this on her?" They interviewed her and without any nervousness, and with a diva attitude she answered all the questions as if she was talking to one of her close friends from school. This experience was an eye opener as well as a confirmation in that my daughter does have that star potential. Even though this was her first time being in front of a camera, taking directions and in memorizing lines, she was a natural. The agents loved her and wanted to sign her that day. Unfortunately, at that time I could not accept the offer because my family and I were planning a big move. 

On the way home, my daughter said to me, "when are we coming back?" I explained to her that I wanted her to experience what it's like to participate in an audition and being in front of the camera with a live audience. She then replied confidently, "I liked it mom. I want to be on the Disney channel. I know I can do it mom!" This was the very moment I knew that my daughter was seriously interested in acting and that it was time for me to start contacting talent agencies. Now residing in California and having sat down with my daughter several times to explain the pros and cons of pursuing an acting career, we are finally ready to take her potential to the next step. She is very interested, aware of the work that is involved and excited about pursuing an acting career.

After much research, understanding the ramifications of child actors/actresses and some good old soul searching, I have learned that there are several things you should be aware of as well as consider before making the plunge. One thing you must ask yourself, do you have time to manage your child's career? If not, is there someone you can trust to manage your child's career? If you are the parent or guardian of the child, know that it is you who knows the child better than anyone else; an acting career has its pros and cons and your involvement in this process is in your child's best interest. So, if you are not going to be your child's manager, be involved no matter what! 

Second, prepare your child by taking print photos, creating a reel, portfolio, video resume, blog or video log. Agencies usually have a submission process, which is having information about the child, a portfolio, and print photos. Sending an email or letter to an agent without these requirements will take you back to square one or even diminish your child's chances of landing a gig with that particular agency. 

Blogs are quite popular with adults but your child could also create a blog with your authorization of course. If you are interested in seeing a great example of a child blog, please take a look at Andrew's Voice. This eight-year old is not only blogging but he is also showcasing videos on his blog. Not only will this add more kudos to your child's resume but also is a great way to get your child in the habit of creating content as well as engaging an audience. To that effect, you could add Google Analytics to the blog and use SEO components to help your little one learn about his or her audience and how to effectively market his or her content.

Having a reel or video resume can also add a lot of flair to your child's portfolio. Take a look at Hannah Taylor Greene's reel, as well as Dante Brown's reel, both impressive and quite effective. Having a reel shows not only creativity but also showcases your child's experience in photo as well as in acting. On another note, if you are showing up at an agent's office, make sure you have either print photos or a portfolio. Most agents will want to have a physical photo to keep as a reference. 

Lastly, there are many agencies to choose from so, make sure you choose wisely and are reading the fine print. As a conscience parent, I know that I would certainly not want my daughter working with an agency that does not have her best interest at heart. If you can afford having a lawyer present at all times great! If not, be sure to read the fine print and educate yourself on contracts before investing or signing any agreement. In addition to this, remembering that your child is a child and that he or she may change his or her mind at anytime in pursuing this type of career is very important. Acting is not easy and will dramatically change your child's life, which can be good as well as bad. It is important that you realize that even though you would love to see your little one make it big, it is their sacrifice and taking your child's needs into consideration should be your number one priority.

Again, take notes, work diligently at getting your child a good agency if you are not planning on managing your child's career and be involved in the process. No matter how natural a child may be on camera or how much stardom the child achieves, when that adorable face looks at you and says, "I don't want to do this anymore," you need to listen and do what's right for the child and not your personal outcomes. 

Sources:

http://www.ehow.com/how_5089353_kids-acting.html

http://andrewsvoice.blogspot.com/

http://youtu.be/U_aH8Inc3ds

http://youtu.be/mbisGcuow5I

http://www.bizparentz.org/gettingstarted/resumes.html

http://findarticles.com/p/articles/mi_m1365/is_5_30/ai_57943423/

http://www.youryoungactor.com/2009/06/01/what-happens-at-movie-auditions-for-kids/

Blogging To New Heights: Content, Consistency, Creativity, Engagement and Uniqueness Are The Vitamins Your Blog Needs

So, you think you have what it takes to blog? This was a question I pondered previously at the end of January 2011, after my first course as a graduate student at Full Sail University. I thought to myself, what is blogging and why would I blab about my personal life or anything for that matter? At the time I didn't see a need but little did I know that I too would soon be a blogger. As a requirement to the first course in the graduate program, Media Literacy and Research, all students had to start their own blog. I was nervous and very skeptical of what to expect after I wrote my first blog post. Believe it or not that is how I began blogging. During this time I had an array of interests and somewhat unsure as to what was truly my calling within the entertainment industry. I blogged about various topics relating to music, issues within the entertainment industry and other topics relating to Latin artists.

Now, 9 months into graduate school, and 9 months of blogging, I have learned and realized that blogging and social networking are extremely valuable. Blogging is essential not only for marketing your products and services, getting exposure, connecting with your followers, meeting potential employers but also for maintaining your professional online profile. To my amazement, I am very excited about blogging and despite my schooling and the demands that come along with parenting a 5 year old, I manage to release new content online, 2-3 times a week. My next step is to take my blog to new heights. By this I mean to provide 3-4 posts a week, add a weekly podcast and offer services through my site. After that, when I have obtained a greater number in followers, I will host a giveaway. Of course this is all great and dandy but how exactly will I meet these goals? I'm sure you are wondering and because I have been doing a lot of research on this topic I feel it is only fair for you all, to know how I will meet my blogging goals. Whether you are a beginner or professional feel free to take away any of these following tips to help you on your very own blogging endeavors. 

Professors, online bloggers as well as online sources emphasize that a successful blog requires maintenance. In other words, whether it's geared to something personal or for professional means the blog must demonstrate consistency, must have quality content, the blogger must connect and engage with his or her followers regularly, and the blogger should always spice things up by displaying his or her content creatively. 

If you are looking to spice up your blog and produce creative content, I suggest you look at creative content blogger, performer, writer and much more Sujeiry, whose blog will certainly catch your eye. My blogging tip #1 is being creative with what you provide. I had the pleasure of meeting Sujeiry online a few months ago and she is a lovely person. This gal is not only actively engaging with her followers, hosting giveaways but she is also creating quality and unique content on her blog, lovesujeiry.com. From hosting tweet chats, to delivering relationship advice, to creative posts and video logs on her site and on YouTube, Sujeiry delivers creativity on many levels and she manages to do so, very well. She is creating not only a name for herself online with her content and creativity but is also generating a lot of buzz. Whatever you provide on your blog, make it unique, interesting and no matter how daring be consistent with your craft. 

At some point you will need to get well acquainted with social networks and an understanding to why social networks are crucial in boosting your blog. My blogging tip #2 is, follow social media experts to maximize your blogging potential. Neil Schaffer, author of two books and a leader in helping businesses and self creators excel in social media marketing as well as teaching others how to position themselves strategically within social media networks, is one of favorites and a, must follow. I first learned about Neil Shaffer through my first course at Full Sail University. His blog, Windmill Networking provides useful information as well as tips on how to position yourself across social media platforms, quality engagement and how to use social media to your benefit. 

Per research, my blogging tip #3 is, add a podcast to your blog. According to a recent article published on September 15, 2011, titled the flexibility of consistency, by Ewan Spence, "regular content is the key to a good blog, and it's also the key to a good podcast." In other words, if you already have great written content and you provide consistent content people will listen to your podcast; the other great part about podcasting is that your listenership and readership stats can go up too! If you are confident about your content and are in a stable position to add a podcast, by all means go for it! Also neat about having a podcast is that you can have a guest speaker and schedule a time to answer calls from listeners. With the feedback you receive, you can learn what your listeners like and don't like. A great podcast I follow is Gordon P. Firemark's weekly entertainment podcast. The podcast provides information on current legal issues and cases relating to the entertainment industry as well as commentary. As an entertainment lawyer, he is well known in his community and has an increasing number of followers throughout social networks. As Hector Cuevas stated in his article 5 reasons to add a podcast, having a podcast will not only set you apart from your competition, enable you to be in direct communication with your audience, will increase your blogs reach, will create loyalty between you and your listeners but will also create a platform that will allow you to interact with industry experts. 

Lastly, blogging tip #4 is, conduct an interview for your blog. Whenever you get answers from an expert, viewers are more likely to receive your content as trustworthy and that is the feedback that you want to have time after time.  A blogger I often visit for my hip-hop information and latest interviews is Dita Quinones's blog titled ghetto news flash. From hip-hop celebrity beef information, segment on politics within the entertainment industry, her remarkable photography skills and to her exclusive hip-hop artist interviews this blog is a definite one-stop shop for entertainment. If you need to see some uniquely crafted live video interviews as examples, I suggest you visit this blog. You will fall in love with the layout and the presentation will give you a well-constructed idea as to how interviews are done correctly. 


So yes, anyone can blog! All of the above will help you in delivering a good blog as well as in shaping your blog to meet your needs! There are several questions you must ask yourself before you actually start blogging. What is the purpose of your blog? Are you targeting a specific audience? What do you want to get out of your blog? Will this be a personal blog or a professional blog? How often will you commit to posting? Can you set a routine for blogging purposes? Will you be tracking your audience and visitor views? Once you have answered these questions, decide what platform you want to use to set up your blog. Then, you must decide whether or not you want to use search engine optimization and voilà, begin blogging! Once your blog is up and running, make sure you engage with your audience and are consistent. If visitors and followers leave comments, respond to their comments. When all is said and done, what you produce is a representation of you, so take your time and make your content worthwhile and meaningful. Besides, who wants to be misrepresented?


Best of luck on your creative content and blogging adventures!




Sources:


http://www.technshare.com/5-reasons-to-add-a-podcast-to-your-blog/


http://www.blogworld.com/2011/09/15/the-flexibility-of-consistency/


http://mummybloggersblog.com/better-blogging/how-to-host-a-successful-giveaway/


http://www.blueglass.com/blog/how-to-make-the-most-of-blog-interview/


http://lovesujeiry.com/


http://firemark.com/


http://www.ghettonewsflash.com/


http://youtu.be/NN2I1pWXjXI


http://youtu.be/J6BXZO_6a74


http://youtu.be/qryN41ITdkM


http://youtu.be/XKq0UVzqAFg


http://youtu.be/zBTDyHxmaHQ

Supercharge Your Drive By Following Your Industry Experts: Ana L. Ochoa-Monaco, One Of My Inspirations

With so many talented artists, businesses and other professionals who already have a well-known respected mark or presence, pursuing a career in the entertainment industry can be a little intimidating. Yet there are many, like myself who are driven and ambitious that regardless of the competition or obstacle, continue to pursue their dreams. If you lack experience and you still haven’t landed that internship or industry part time gig you’ve been wanting, how do you stay motivated? Are their leaders in the industry that inspire you to continue fighting the good fight? In what ways can you promote your skills, your brand and get the exposure you have been dreaming about?

Feelings of discouragement are normal when pursuing a challenging career. Even though you may get upset for not getting a job you wanted or didn't get the recognition you felt you deserved, to stay in this game, you must stay grounded, learn to step out of your comfort zone, use social networks to your advantage and not let your emotions deter you from achieving your goals. In other words, whether you are or not, seeking to be the next hottest R&B singer, best horror flick producer or aspiring to be a manager of a well-known music production company, there is hope and your chances of claiming your spot in the entertainment industry depends truly on your efforts and creativity. If you lack experience, a great way to get exposure and to get an insight look in your field, is simply by interacting with leaders who already play a role in the industry and have access to industry events. To me, seeing how leaders interact with others online, how they manage their businesses and how successful they are in maintaining their personal and professional online profiles, is not only inspiring but also plays as a great point of reference. If I am lost when it comes to a business procedure or need the lowdown on industry events, I can always refer to that leader for help.

As a Latina, as a mom and as a woman, I am always inspired by other Latinas who are excelling in managing their own businesses, that have the ability to empower other women and who successfully maintain their reputation online as well as offline. On my top 5 leaders list is entrepreneur Ana L. Ochoa-Monaco, known as @latinaprpro who is the owner of Padma Media and Marketing, Inc., is a designer, a PR expert and the creator of the #Latina Lifestyle Bloggers Group. Alongside her business endeavors, she also manages a personal blog titled “(Tienes) Una Cabeza de Coco” which she defines as being hard headed. What I love about this leader is not only her consistency throughout social networks and online activities (through #vllblog, #llblog tweet chats, Facebook and other groups) but her willingness to help others as well as her commitment to empowering female Latina bloggers. Some businesses today are still having difficulties in managing their online business profiles let alone have the ability to create a group based on a good cause. Although Ana has a lot on her plate, she manages her endeavors with flair and is very good at what she does.

Whether you are new to blogging, are establishing a business or simply want to know how the pros do it, keeping @latinaprpro in your Twitter timeline is an excellent way to go. Having her on my Twitter and Facebook timelines allows me to learn about not only current trends and topics for my blog but also a helps me to learn how leaders interact with followers, gives me a network to refer to in my field and keeps me in the loop for upcoming events.  One event you don’t want to miss out on is “The Latina Lifestyle Bloggers Group #Vllblog National Conference and Blogger Junket” which will be held on October 20, 2011 at 6pm, at the Tropicana Hotel in Las Vegas, Nevada. The event is sure to be educational and motivational, a showstopper! From personal branding workshops, to blogger presentation skills, to sessions on blog monetization, fashion and beauty previews, freebies and much more, it is the event that you’ll certainly want to be a part of!

As you can see having leaders to refer to in your field when you have questions, when looking to take your entrepreneurial skills to new heights, or need a dose of inspiration are a definite must. If you feel stuck and unmotivated or need some guidance, seek a leader in your field and make sure you choose wisely. As one of my favorites, Ana is an amazing person not only because she is professional and successful but also because she is a great role model to many women that have aspirations of becoming successful business owners. I have my favorite industry experts, do you? What leader motivates you and have you interacted with them today? Don’t fright, reach out to one of your industry experts today; the experience and knowledge you can obtain from an industry expert is often very rewarding, simply priceless.

To learn more about the conference, please visit the following site:

http://vllblog.eventbrite.com/?ref=ecount

Sources:

http://vllblog.eventbrite.com/?ref=ecount

http://www.llbloggers.com/Home.html

http://unacabezadecoco.blogspot.com/p/about-me.html

http://www.contactomagazine.com/biznews/padmamedia0107.htm

Creating Your Personal Online Networking Experience With A Cultural Cap: How The LATISM Group Has Helped Me Refine My Leadership Skills

Besides the advantage of speaking more than one language, there are many perks to being multicultural. From new job offers, to exclusive invitations from secret online social networking groups and invitations from group leaders to attend other culture specific conferences and events, joining a social networking group of your preferred culture or having an ethnicity theme can be quite enriching. If you are like me, and have a multicultural background, why not expand the quality of your social networking experience and use what you possess to your advantage? 

Besides setting up an account and creating your online presence on Facebook, Twitter and similar sites, engage in one or two groups relating to your culture and or ethnicity. To that effect, once you have selected a group, make a commitment to participate in that group. Your commitment and engagement to the group can be displayed by posting daily on the group's message boards, by promoting the group's content or by promoting the group's leaders, by responding to other members' posts, by joining the group's tweet chats and by participating in the group's weekly events as well as joining the group's twitter parties.

As an American Latina, I have embraced social networking to its fullest, by connecting with others and joining groups that relate to my interests, passions and more importantly my heritage as well as my culture. It is social networking not only on an American page but also with subcategories that are in tune with my cultural background and it is practically my world! It is pure brilliance if you ask me! Joining several online social networking groups not only has helped me to be more aware of the issues that affect my culture and community, but has also allowed me to connect with people who share similar passions and interests as well as the opportunity to take that the online community experience and bring it to the offline world, via the group's exclusive conferences and events.

One of the groups I joined was the Latism group, also known as Latinos in Social Media (#Latism). I first learned about this group through one of my followers on Twitter. The Latism group, is a non-profit organization that focuses on empowering Latinos online and offline by creating learning opportunities through discussions and events, on health, education, business and other topics. After learning about what the group was all about, I immediately started following the group and participated, one or two times a week by posting an article or replying to others' comments in the group's hash tag. After a few weeks of engagement, noticing familiar faces and recognizing members who had similar interests, I decided to take my experience to the next level by joining the group's weekly Thursday night’s chat. After that, I participated in the group on a daily basis by communicating with other followers, promoting the group online, by creating posts with the group's hash tag and by replying to others' posts.

Currently, I can say that the knowledge I have obtained and the people I have met have played a significant role in my leadership skills. I am more confident in my field and because of Latism I have a group that I can always refer to whenever I have questions or need expertise. This year for the first time, from November 9 to 11, 2011, I will be attending the Latism Annual National Conference in Chicago, Illinois and I am completely elated! I am so excited because this conference will allow me to network, promote my brand, create connections and because I will finally get to meet some of the leaders who took me under their wings and showed me the ropes when I was first developing my online presence. 

Quality engagement, learning from the leaders in my fields of interest and the connections I have made are truly just some of the experiences that make the Latism group a winner in my book. Alongside my engagement in general online networking communities, having an alternate group to refer to that relates to me on a personal level is a great foundation for my educational endeavors as well as my business related goals. Whether you are building a site for your business to get exposure, or perhaps you are wanting to establish more contacts in your field or you want to know the facts from the experts in your field, joining and online group with a cultural specification has the potential of creating a quality online experience for you as well as for the establishment of your business. 

The next time you are considering a multicultural group online, I suggest you check out the Latism group or to select a group that relates to you culturally or shares similar career interests. Taking advantage of your abilities is accepting your uniqueness and by using your cultural heritage, you will be able to create a personal online experience that is richer and quality based.

Sources:

http://conference.latism.org


http://blog.latism.org/


http://www.youtube.com/user/LATISMnational


http://youtu.be/vCPRBqv1aUM

Why Entertainment Law Podcasts Are Essential To New Business Owners & Entertainment Professionals

Registering your trademark and or simply retaining copyright to your website's content is not enough to avoid some of the common legal issues many professionals face in the entertainment industry nor will it keep you free from being sued by other companies. If you are someone who wants a career in the entertainment industry but are confused by the legal terminology or is discouraged by the latest reports on who's being sued in the entertainment industry, I'm here to tell you, fear not! In order to be successful in starting a career in film, television, sports, music or in launching an entertainment business one must know where they want to conduct business, know how to protect their content, have an understanding of the legislation that is applied to your industry as well as the legislation that is applied in the local and state levels and lastly, by having legal counsel. In addition to these steps, conducting business research on the common legal issues within the industry, connecting with professionals in the industry via social networks and subscribing to entertainment law pod casts will also be helpful not only in getting the latest tips and tools on ways to avoid lawsuits but also in being aware of the  issues that are hotly debated in the entertainment industry.  

Pod casts are a great way for entertainment industry newbies to get a better understanding of the legislation that pertains to their field within the entertainment industry and is also a reliable source for any changes to legislation that is pertinent to entertainment industry. When looking at pod casts relating to the entertainment law, I recommend that you listen to entertainment attorney Gordon P. Firemark's Entertainment Law Update Podcast and visit his website. On his website viewers not only can access his pod casts which cover a variety of legal topics, but also get to hear the comments by guest appearances such as entertainment lawyer Tamara Bennett. In addition to this viewers can also contact his law firm for legal counsel, request topics of discussion, lawyers can obtain legal education credit, viewers can ask questions and subscribe to his blog.  Personally,  I can say that Firemark's Entertainment Law Update Podcast provides useful information as well as tips relating to entertainment law which one can apply to their business. After listening to the Entertainment Law Update Podcast episodes 18, 22 and 23, I was able to obtain valuable information as to how to avoid common mistakes made by businesses in the entertainment industry.

Episode 18, which aired on March 7, 2011 covered a variety of issues from Lady Gaga's song "Born this way" and it's similarities to Madonna's song "Express yourself," Tolkien estate vs. book author, subway's claims to the "foot long"word, the King's Speech right to using the "no animals harmed" certification and Miss San Antonia's lawsuit. The three issues that stood out for me in this podcast were Subway's foot long trademark claims, Superbowl's Class Action and the similarity in Lady Gaga's song "Born this way" to Madonna's song "Express yourself." Subway apparently for sometime has been trying to obtain "foot long" as a trademark with the USPTO. Subway has also sent cease and desist letters to stores demanding that they stop using the "foot long" words to identify their products. Sources say that one store in Iowa, responded by stating that the"foot long" is descriptive and therefore gives them the right to use the words. Firemark concludes that the "foot long" is not a good brand identifier.  Despite the federal court denying one of its claims, Subway continues to pursue the "foot long" claim. This case is a great reminder that when choosing a trademark one must select a brand identifier that is unique and not something descriptive where other companies can and have the right to use that descriptive mark because there is little protection in descriptive marks.

Sources say that Lady Gaga's song "Born This Way" song is very similar to Madonna's song "Express yourself" and wonder whether or not Madonna will pursue a case for copyright infringement or pursue other legal claims for Gaga's "Born This Way."  Sources say that there are strong similarities among Lady Gaga's performances, "Born This Way,"song lyrics and Lady Gaga's attire to Madonna's song "Express Yourself" and past Madonna's past performances. One source stated that Gaga had received Madonna's blessing for the release of her song yet other sources claim that Madonna's management had no recollection of that blessing. Firemark concluded that with the similarities to Madonna's music found in Gaga's "Born This Way," song, Madonna could pursue legal action but whether she will or not is yet to be seen. This case highlights the issues that can arise when artist's attire and lyrical content is similar to another artist's style and song who has a long standing career in the industry.

In the Superbowl class action suit, fans were outraged when they were placed in seating areas not as stated on their tickets. It was reported that when the fire Marshall deemed several  areas  as "unsafe," over 1000 people were moved to various locations. The plaintiffs that filed the lawsuit are seat license holders who were among the 1200 fans that did not get the seats they paid for and among those that did not get a refund for their expenses. Sources say that the seat license holders class action suit has significant evidence for breach of contract and that relief has yet to be determined. This case underlines that it is possible that it is likely that only the seat license ticket holders will obtain monetary relief where as the other fans are simply stuck with the other end of the stick.

In episode 22 which aired on July 14, 2011, the issues I found most interesting were the Hangover II Tattoo case and Rebecca Black's lawsuit against Ark Music Factory. Whitmill v. Warner Bros. case, is the case where the tattoo artist that gave Mike Tyson his facial tattoo, Victor Whitmill filed a suit against Warner Bros. for copyright infringement on May 2011.  Later in mid June 2011, the Hangover II lawsuit was settled and the parties came to a deal which was private and somewhat unknown to the public eye. What was known is that Mr. Whitman was entitled to a large check for the use of his tattoo and that the movie will released in DVD without any editing.

In the case of Rebecca Black, the star's management accused Ark Music Factory of copyright infringement and unlawful exploitation of publicity rights. Rebecca Black, age 13 quickly gained popularity shortly after her song "Friday," obtained millions of views on YouTube. After the viral success, the company that produced the song decided to create a pay system so that viewers would have to pay several dollars to see the video. The issue in question is who has the right of publicity? According to the podcast, no information has been founded on who has right of publicity to the song. In conclusion Gordon recommends that before using a song that it is important to know who has ownership of the song and who has the right of publicity. The case has not been settled but sources say that it will be interesting to see what the judge may decide specially when there is no data as to who has ownership of the song. This case in a great reminder in that one must have clear definition as to who owns what when releasing a song for benefits as well as for justifying claims.

Cases that caught my attention in episode 23, that aired on August 18, 2011 was the case of Mine o' Mine Inc vs.  Calmise and the court of appeals ruling that gave copyright owners broader rights for works made. Shaquille O'neal, owner of Mine o' Mine Inc. filed a lawsuit against True Fan Logo Inc. for right of publicity and trademark infringement who was unlawfully registered the Shaq trademark to a domain and later sent a cease and desist letter to ESPN. The company also had unlawfully started selling t-shirts with the Shaq trademark without O'neil's consent. The court ruled in Shaquille's favor because, the basketball player is owner of the trademark, O'neal owns a family of trademarks and because True Fan Logo Inc. never obtained authorization from Shaquille O'Neal to use his trademark. To that effect, the court stated that the defendant tried to create confusion. What is important to note about this ruling is that a person or business can own a family of trademarks that is have several marks with familiar qualities.

The case of Supap Kirtsaeng, the young man who violated John Wiley and Son's copyrights after selling cheap foreign books of the original versions encouraged the United States court of appeals on August 15, 2011, to rule that it is illegal to import and sell copyrighted material from outside of the United States.  As noted in the podcast, the ruling gives copyright owners more rights for works made abroad which could potentially be music Cd's as well as other goods. Gordon points out that it will be interesting to see how artists and other entertainment professionals will benefit from this ruling.


Gordon P. Firemark's Entertainment Law Update Pod cast as well as episodes 18, 22 and 23 are very informative. New-bee entertainment professionals will find this podcast not only helpful in understanding legal terminology but also useful in understanding legislation that applies to the entertainment industry. For some entertainment law terminology can be difficult to understand but it can be understood and being active in social networks and tuning in to several entertainment law pod casts that allow you to seek counsel and ask questions are beneficial to starting a business as well as in establishing a career in the entertainment industry. 

Sources:

http://firemark.com/2011/07/14/entertainment-law-update-podcast-episode-6/

http://firemark.com/2011/08/18/entertainment-law-update-episode-monkeying-around-copyright-law/

http://firemark.com/2011/03/07/entertainment-law-update-podcast-episode-of-beauty-queens-footlong-subs/

Current Controversies In The Entertainment Industry: Adam Levine Sues Activision, J.R Bricks Receives "Cease To Desist" Letter For Release Of "Waffle House" Song & Spotify Is Sued By VideoPacket

Although artists and entertainment businesses can protect their intellectual property as well as their image through federal, international and state laws this does not exclude them from being sued by other parties and not becoming a victim of having their image wrongfully used. Whether you are an established artist, an up-incoming star or a new entertainment business, protecting your image as well as your products and services is essential specially in an industry where being held legally responsible, regardless of your intentions is as easy as 1, 2, and 3. In the entertainment industry, research suggests that a common area where artists and or businesses find themselves in a legal bind is when they use another company's product or an artist's product without obtaining proper legal permission and licensing. An artist can also be at risk of having their image and or trademark distorted as well as used for other purposes when they are blinded by a sweet deal and forget to read the fine print in a contract. There are several ways to minimize the risk of being sued and that is by protecting one's own intellectual property through legal rights as well as understanding how one can interact and use another artist's property in a given contract as well as through laws.

Are you an artist who is passionate about writing and wants to protect your content? Has your company invented software or product that is unique and you want to protect this innovation? Is your company slogan catchy and you feel your company should have official rights to those phrases? If your situation fits into one of the above questions, there are several legal steps one can take to protect their intellectual property. With all that said, if an artist has the proper laws and rights set in place for their artistry, and someone wrongfully distorts his or her image then, he or she can sue the other party.

A recent report by Billboard revealed that 'The Voice's' and Maroon 5 band member, Adam Levine is suing Activision for their video game Guitar Hero where he claims that the company is improperly using his image to encourage game sales.  Billboard underlines that Levine claims the company violated their contract by breaking the "common-law right of publicity" and by using "unfair business practices." According to The Hollywood Reporter, the original arrangement between Mr. Levine and the company Activision stated that Mr. Levine "granted the company limited use of his name and likeness for the game, Band Hero." In addition to that, The Hollywood Reporter underlined that Levine supposedly allowed Activision to use the song "she will be loved" for the video game, "Band Hero." Billboard also highlighted that Mr. Levine alleges that Activision allows gamers to "use his avatar to perform songs by other artists without his approval" and "without the use of his voice." The result of his claims is yet to be announced in court. Is Mr. Levine entitled to monetary grief for what he so alleges? 

Personally, if Activison did not adhere to the agreement, then by all means Levine should receive relief from Activision. On the other hand if Activision adhered to the contract and did not violate the terms then, Levine should not be granted relief for this lawsuit. It appears that Levine only agreed to have his avatar and voice to be used in specific areas and that further use of his voice and avatar needed to be approved by him. If that were the case then the judge should grant Mr. Levine relief because his voice is being used to promote other songs that are not his which is not to his benefit but more so for the benefit of the game and Activision. Using an artist's avatar would not only discredit and minimize the artist's likeness but also his or her image specially if, the artist’s neither voice nor songs are being showcased. I do feel that further information regarding details on the specifics of how Levine's avatar and his songs could be used, if Activision's actions were not in violation of common rights law and other intellectual property laws and knowing whether or not Mr. Levine and his management have what types intellectual property laws in place would allow me to me to give a better conclusion on this controversy.  

Unlike Adam Levine who was the suing party in the lawsuit, Billboard sources report that in another controversy rapper and artist J.R. Bricks and his label was recently called to attention for his song "Waffle House," by popular restaurant Waffle House for "trademark infringement." According to AllHipHop.com, Waffle House claims that J.R. Bricks's had no rights in using their company logo and that had J.R. Bricks and his label sat down to discuss rights to the company logo for usage perhaps, a cordial agreement would have supported the usage of company logo and name. Music Industry News Network reported that the Air Force veteran, and Florida native J.R Bricks responded to Waffle House's claims by stating that the company's claim was an act of "cultural discrimination" and that they are opposed to the "hip hop lifestyle." Billboard reported that a week later after "Waffle House" made its debut, on July 20, 2011 J.R. Bricks's label received a "cease and desist" letter from WH Capital, LLC and Waffle House, Inc. In that letter sources say that the restaurant Waffle House demanded that the artist change the name of the song and stop using the company's logo. In conclusion, Billboard underlines that the artist was able to "re-release the song on iTunes" and even able to "mention Waffle House name in the chorus line," with its new title. Billboard sources say that Waffle House defended themselves from the rapper's discrimination claims by stating that their company has allowed artists such as T.I., Queen Latifah and the like to obtain usage of the company's logo and obtain rights to film movies on company premises. 

Was Waffle House in the right to send a "cease and desist letter" to the rapper and his label? In my opinion Waffle House was in their total right to send the letter. The rapper and the label apparently had not obtained legal permission to use the company logo and or name for the song's content as well as for video taping purposes. In my opinion, which is based on evidence, I feel that the label and the rapper engaged in trademark infringement by not consulting the company on whether they could use the company's logo as well as the company name for their personal music sales. Any personal usage to gain monetary value from a company or product that where one has no legal right, is clearly in violation of that company's intellectual property rights.

Now who is in the right, if an entertainment business created a software or unique product of its first kind and someone else claimed that they had ownership to the product previously? Billboard sources reveal that shortly after its release in the United States, Spotify, a digital music service company "is being sued for patent infringement by the PacketVideo Corporation." Billboard also reported that PacketVideo, who provides "multimedia communications software," alleges that Spotify's introduction to "hybrid technology" is similar to Rolf Brugger's invention, the patent called "Device for Distribution of Music in Digital Form" which was "issued in 1997." Packetvideo.com states that PacketVideo Corporation's patent is described as "a system that is used for distributing digital music information to a central memory device." According to Billboard, in a recent press release Spotify strongly contests PacketVideo Corporation's claims and states that its product is "highly innovative," and that it also uses "P2P technology." Is there a basis for PacketVideo to sue Spotify? In my opinion, PacketVideo has proof of a patent that is registered and therefore should sue. On the other hand, we have no way of knowing whether Spotify that is, if their product is similar to PacketVideo and if the company had previous knowledge of the patent yet if that is their competitor shouldn't they know that? I think in this particular patent infringement lawsuit, the judge will ultimately look at what is the evidence and decide whether or not PacketVideo is in the right on their alleged claims. 


Artists and entertainment businesses need to not only be "in the know" of how to protect their products and services but also must understand that there are certain steps that have to be taken in order to obtain permissions and licensing when using another artist's content or company's products for their own purposes. By registering products and services to specific intellectual property laws an artist and or business can obtain local, state and federal protection for their products. Entering the entertainment industry without any knowledge of businesses and artists that have a particular song or that have developed current line of products for example could be detrimental to any new artist or business especially if they try to launch a similar product. In any case, taking the proper measures to protect what one deems is his or her artistry in legal means will go a long ways in minimizing the window of potential lawsuits and or other controversies. Have a trade secret or love your slogan? Protect your craft and obtain legal protection so that you get the rights you seek. If you don't do it, someone else will have the power to rightfully claim your innovation or craft.

Sources:

http://www.billboard.biz/bbbiz/industry/legal-and-management/the-voice-s-adam-levine-sues-activision-1005306952.story

http://www.billboard.biz/bbbiz/industry/digital-and-mobile/spotify-strongly-contesting-packetvideo-1005306402.story

http://www.billboard.biz/bbbiz/industry/branding/waffle-house-claims-trademark-infringement-1005304292.story

http://allhiphop.com/stories/news/archive/2011/08/02/22856115.aspx

http://www.packetvideo.com/press_releases/07_27_2011.html

http://www.google.com/patents/about?id=ue8GAAAAEBAJ&dq=7,577,757

http://www.youtube.com/watch?v=OAfUlfCe5lE

http://www.mi2n.com/press.php3?press_nb=144593

http://www.youtube.com/watch?v=CvKBg26jzCk

http://www.youtube.com/watch?v=EcY_zjpI1KQ