Legal Liability Podcasts

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Industry Liabilities- Intellectual Property

It seems that every other day in the entertainment industry that there is some sort of headline regarding an intellectual property lawsuit. It makes me realize how important it is to protect yourself and your business from potential legal threats. It could be something completely unintentional, yet you are still responsible for it! After going through some of these articles, there are many that I find legitimate, and others that I find ridiculous. Regardless, it definitely has made me realize how easy it is to at least file a lawsuit and put another company in jeopardy.

The first article I would like to bring up is an intellectual property lawsuit that may have been years overdue. Here is the article relating to the story. Apparently Disney and Sony Pictures are on the receiving end of this lawsuit in regards to the movies and current running stage musical of Sister Act. Delois Blakely is on the other end of the lawsuit claiming that these companies used material from her autobiography to create the films and stage pieces of work. She also claims that she originally submitted potential synopses to a producer at Tri Star Picures and that they sounded interested, but ran with it without her permission. My thoughts?
1. If you are going to file a lawsuit like the one mentioned above, why not do it immeditaley when you feel that you have been infringed upon? Why wait almost 20 years? Is there a time limit on when you can file these claims or is it fair game at any point?
2. Fair enough if Delois Blakey is saying that Disney and Sony Pictures stole material from her autobiography, but what would happen had she not written the autobiography? Would she have any recourse if this was something that they just based her life story after?
3. What about in situations like the Amanda Knox case where Lifetime made film about the trial? They not only used her life to create a story, but they also may have falsified actual events. This was a story about her life that was made without her permission, with possible falsified information, and portrayed her in a negative light. What kind of recourse does she have if any in that situation?

The second lawsuit that I would like to bring up is one regarding Spiderman the musical. Here is the article. Julie Taymor who originally co-wrote the book and directed the show ended up being fired in March of 2011. She is claiming that the production owes her money in royalty fees from April of 2011 up until currently. She is also upset at the fact that the producers continue to change and revise her original script, which according to her contracts, had to be approved by her in order to do so. The producers have continued to use her name on the Playbills and promotional material but have discontinued paying her royalties. The producers don’t feel they have to pay her royalties, because the book and production value has significantly changed since Taymor’s departure from the production. My thoughts:
1. I think it's an extremely difficult situation when it comes to taking someone’s work and revising it. I think this is something that only the previous contract with Taymor and her co-writer will be able to settle. It makes it more difficult because of the fact that one fourth of the current script is still verbatim from Julie Taymor's original version. The fact that the show isn’t using the entirety of her original work makes it seem like a grey area.
2. I feel that if the producer’s are failing to pay Julie Taymore her royalty fees after she got fired from the production because of the fact that the show had changed significantly, then I feel like they shouldn’t be continuing to use her name on advertisements and promotional material.

The third lawsuit that I would like to bring up is in relation to a trademark. I honestly can’t believe that this is going to court, but it definitely has opened my eyes. Here is a small article. Reality star of Storage Wars, Dave Hester is suing rapper Trey Songz over his trademark phrase “ YUUUP”. Apparently Trey Songz has been using the phrase for years, but hadn’t trademarked it, whereas Dave Hester decided to officially trademark it as his own earlier this year. My thoughts:

1) Is it actually possible that although Trey Songz may have been using the phrase longer, that because he didn’t register it he could actually have to pay for these allegations? What about the protection of Common Law?
2) How is it actually possible to trademark a one word phrase as in “YUUUP”? I’m just baffled at the thought that he has actually clamed something like this and how he is actually protecting others from using it.

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Legal Liabilities

The first legal liability in regards to my business plan is liabilities in regards to safety. This one in particular is from an article about Broadway's Spiderman: Turn Off the Dark. Although this legal battle happened earlier in the year, it made industry news as well as national news. Back in December of last year, it seemed like every week there was a new story about how one of the actors got seriously hurt attempting to perform one of the shows spectacular stunts. After several of theses issues taking place, the show was struck with two safety violations from the New York State Department of Labor. Although, these violations did not cost the show any money, it could have cost them some of their stunts which made the show so noteworthy. After the violations were put in place, the safety officials would continue to perform unannounced inspections. During these inspections, if any of the safety measures put in place in December weren't followed, "the inspectors were authorized to withdraw variances issued last year allowing aerial sequences of actors playing Spider-Man and the villains Green Goblin and Arachne flying over the audience" (New York Times News Service, 2011). In this case, I completely agree with the state. There were special safety measures put in place after a serious fall in December by cast member Christopher Tierney. Obviously the producers of Spiderman had been in the right by getting permission to execute these stunts, but they couldn't continue to violate safety protocol in order to get them done. People couldn't continue to get seriously hurt. Since then, Spiderman seems to be doing a lot better and have altered much of their material.

The second legal liability in regards to my business plan is that of copyright infringement. One notable battle that recently took place was between the Broadway production of Fela!, and the author who wrote a biography on the real person Fela Anikulapo-Kuti himeself. Here is an interesting article about the issue. The author, Carlos Moore claimed that the stage version stole bits and pieces of his book and that these were word for word. The one thing that I find odd about this is that Stephen Hendel, the producer of the Broadway show stated that Moore had been completely supportive of the show from the beginning and had sat in on off-Broadway performances. He even appeared in a video supporting the production that you can see here. I guess I just remain a little confused. I would have to have read to biography and seen the show to determine how similar they really were and if in fact the show took exerpts from the book. Either way it just seems odd how Carlos Moore came out long after the show had been in production. Was he just waiting to claim a lawsuit?

The third liability in relation to my business plan both deals with copyright issues and issues of defamatory statements. This is a somewhat recent controversy regarding a Chicago production of Urinetown. Here is the article. It all started when The Broadway Team's Lawyer, Ronald H. Shechtman accused the Chicago production of plagerising major aspects of the original Broadway production. He was convinced that although the Chicago production had licensing to the script and songs, it shouldn't allow them to use direction, coreography, and design. After Shechtman's accusation, it was proven that the Chicago production did in fact have licensing for all aspects of the production. The Chicago production's lawyer, David M. Adler went on to pursue legal action in regards to defamatory statements said about the Chicago production that weren't true. Apparently the cast, crew, and production team were very worried about their reputation after these statements were made. I think this goes to show that before you accuse someone of plagerism, it is extremely important to make sure that you have done your research as well, or you could land in a lawsuit of your own!

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Fear No More!

The last class I had to take to fulfill my credits for my Drama degree at the University of Washington was Senior Seminar. It was basically a weekly lecture from people working in the business and they would tell their story and give real world advice. There was one piece of advice that I remember word for word. I can’t recall who it was that said it, or what she did for a living, but it definitely had an impact on me. “Don’t wait for opportunities in theatre. Create them.” It really is all about finding a way to do what you love.

This post is dedicated to my old roommate in New York City, who has been very successful in doing just that. She has led her life fearlessly! In just about a year after graduation from the American Academy of Dramatic Arts, she and her friend/business partner have started their own company which has grown tremendously in just over the year that it has been around. It is called Fundamental Theatre Project and their tagline is “Creating The Opportunities For Artists To Work…”. When I asked her how she decided to start her company her answer was simple. She said she and a colleague that she had met through the industry had similar ideas and just took a leap of faith. It really was as simple as that! Since then, Fundamental Theatre Project has worked with artists like Alec Baldwin, Kate Mulgrew, and Michael Emerson in their shows. Next month they will be headed to the Edinburgh Fringe Festival with their show 3D Hamlet: A Lost Generation. It is amazing what they have accomplished in only one year!

When thinking about it, I honestly think their key their success so far was not being afraid. They had a goal and they went for it, into the unknown. Nicola doesn’t have any sort of business degree or experience and that obviously scared her, but it absolutely hasn’t stopped her! She is learning as she goes, and has altered her plan as she learns. I truly think so many amazing things are left undone, because of the fear of failure. I know it is my biggest downfall. A few months ago I waited in line for two days to try out for the X Factor, just to bail at the last minute because I got too nervous. I hated myself for days after that. I really felt that I would be better off leaving without being rejected, than leaving because I was rejected. It is a horrible way of thinking and I am working on it everyday. I think it is why people get stuck in dead end jobs and don’t truly like the life they live. I’m so very proud of Nicola and I am using her as a role model to try and turn my attitude around. I think this is a great lesson for business and life.

If anyone has any good resources on how to overcome this obstacle, please let me know!

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Avoiding The Scam

What did N*Sync, The Backstreet Boys, Take 5, and O-Town have in common? Other than being very popular boy bands in the 90s, they only had one thing: Lou Pearlman.

Does that name sound familiar? You probably remember him from a few years back when there were news headlines of Pearlman’s inappropriate sexual conduct towards band members. It turns out that he was also sued by almost every single band he ever represented for charges relating to fraud or misrepresentation. Pearlman never won against the bands in court. Suspicions begun to arise when Backstreet Boy member Brian Littrell hired a lawyer to investigate where all their earnings were going. Apparently Pearlman had the budget set up to receive funds as if he was a sixth Backstreet Boy, as well as making a ton of money from the commission he was charging them.

He didn’t stop with the Boy Bands! In 2008, Lou Pearlman was sentenced to prison for 25 years for allegedly swindling $300 million from investors and banks since the 80’s. Here is an article mentioning his sentence. This just goes to show that even managers that have brought their clients lots of success can still be frauds. Obviously Pearlman did want his bands to succeed, but for the wrong reasons. This case has mad me realize how important it is to have a good lawyer initially look at the contract regarding compensation and to have an accountant that you trust be able to look at the books! I think Pearlman took advantage of managing young kids, thinking that they might be too naïve to know what he was up to. It is so unfortunate that there are these types of con artists out there and just reemphasizes the point that any artist needs to be very careful when choosing a manager, even if the manager has a proven track record!

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Interview with Nicola Murphy

When I was interning for Letterman in New York City, I stayed in a dorm in Brooklyn reserved for students going to school in the area and students that were currently doing internships. We were randomly assigned roommates and I think it is safe to say that both my roommate Nicola Murphy and I felt very lucky to have gotten assigned to each other, and have become great friends since. Nicola came to New York in 2008 to attend the American Academy of Dramatic Arts from Dublin, Ireland where she enjoyed doing local theatre. With us both having great interests in Drama, we got along quite well. We even moved in together for a bit after our dorm life, and remain great friends today. Although I came back to Seattle to finish school, Nicola has been in New York since 2008 and has since become the Producing Director of a new theatre company called Fundamental Theatre Project. Although just only over a year old, the company has produced works with the talent of Alec Baldwin, Anthony Rapp, and Kate Mulgrew and will be producing a work for the first time at the Edinburgh Fringe Festival this summer!

Although I talk to Nicola pretty frequently, I recently sat down with her to have a chat specifically about how she handles many negotiation situations that she finds herself in on a day-to-day basis. As a Producing Director, she is responsible for the production of all shows and events related to the Fundamental Theatre Project. What does this consist of? The list is quite extensive. It involves hiring of designers/crew/director etc, and coordinating schedules among the team. She also responsible for creating and working with budgets and dealing with actor/director unions. She mentioned to me that all productions involve a high level of negotiation. She is constantly negotiating rental and space fees with designers and directors and quite frequently negotiates schedules with the entire casts and crews.

After hearing about the types of things she deals with on a day-to-day basis, there were two major things that Nicola mentioned that have helped her in her career so far. The first one is respecting status. In the entertainment industry there will always be a ton of egos that one has to deal with. She states, “Dealing with a whole team of people from cast to crew to director to press & marketing can become tricky, but it is part of my job to ensure everyone feels empowered, and secure in what we are trying to accomplish so they can best do their job, and we can have a successful show.” I think “empowered” is a great word that she used. Things will always run a lot more smoothly when whomever you negotiate with feels appreciated and respected. After that respect is established, you are able to move forward in working together on a common goal. The second piece of advice she gave me was to always try to see where the other person is coming from before going into a negotiation. It will help you be able to come to a more realistic agreement and will keep you and the person you are negotiating with from becoming unreasonably defensive. Nicola states that it is very important to, “approach the situation with a great level of understanding, and openness. It is all about trying to make the situation work for the good of the show which is more important than any single individual contributing to make it happen.” For only having her job for just over a year, Nicola has some great advice that I will take with me to my adventures in the entertainment industry! Feel free to check out her website here along with a New York Times article.

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Secrets Sell!

There is a new blog I've been frequenting called "Producer's Perspective", written by Broadway and Off-Broadway Producer Ken DavenPort. It has definitely become one of my favorites since I have started the Entertainment Business Masters Program. He mainly covers topics directly about the the theatre industry, but also writes about every day occurrences that can relate the the industry and business in general.

One of his more recent posts is titled "Why I Love In-N-Out Burger...And It's Not The Fries." The article talks about how there has always been a "secret" menu for the popular burger joint, that anyone can order of of, but only the the most exclusive of people know about. He states "You wouldn't know any of these items existed if you just looked at the menu that hangs above the 17 year old's head at any of their 250+ locations. To know about these "special" items, you'd have to be in-the-know, you'd have to be a "real" fan . . . you'd have to be cool." He's right! He goes on to discuss how consumers respond to anything that makes them feel like they are part of something exclusive.

The more I have thought about it, I've realized I can't even count how many instances where I have probably purchased something due to the fact that it was considered exclusive, or for special members only. Whether it was a promotional code, first seats available to a show, or like in the example, something that wasn't on the menu (Thank you Starbucks for your amazing blended Strawberry Lemonade!), I am definitely a testament to this ploy. I really do think Mr. Davenport has a huge point when it comes to marketing. Customer's want to feel special, and they want to take advantage of something that isn't available to everyone. There are several department stores that have yearly events for "Friends and Family Only" where the entire store is discounted and reserved for only those invited to the event. I'm sure night clubs do well, by considering some of their guests as VIPs for the night. What other examples can you think of where companies use selectivity in order to gain profit?

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So…What Could Possibly Be Different About This Singing Reality Show?!

I hate to say it, but I think this could be the last successful year for American Idol. With only the first few episodes out, The Voice has proven to have something completely new to offer audiences in the singing competition genre. And how can we forget the new highly anticipated X Factor coming this fall from Idol producer Simon Cowell?! What new element could the producers possibly add to excite the audience? Aren’t people getting bored with the same premise for most of these reality shows? It is possible, but I’ll tell you one thing I know for sure: twists (no matter how large or small) work for these audiences.

I was over in Ireland when the last season of the U.K.’s X Factor was airing its final episodes. I thought it was so odd that they aired on Saturday and Sunday nights instead of I night where people would more likely be home to watch it. I was amazed that the show got the viewers that it did. I’m still not sure if the air date and time choice was due to culture differences or what the reasoning was. Regardles,s the viewers were there EVERY single night without question. Here are the twists that make X Factor “unique” and may draw in the viewers as well:

- The initial auditions are in front of arenas full of thousands instead of a sound stage.
- The contestants may audition as a solo or group.
- Even if the contestant auditions as a solo act, during the “Boot Camp” phase of the show, the judges have the ability to put them into duos or groups if they feel that the contestants would be successful.
- Each judge mentors a category, and ultimately mentors one of the four finalists for the show.
- From what I saw in Ireland, the artist development is much better than what I have seen on American Idol. Each one of the contestant’s performances felt like a mini concert with light design, specific arrangement of the song, and dancers.

Also from observing in Ireland, the show did have a different feel to it than American Idol did. It is a lot less about singing than it is about preparing the contestants for the real world and developing their own unique style that is marketable to the public. I have no doubt that America will eat this up like they have everything else that Simon Cowell has attached his name to!

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Ric Elias Speaks for Ted.com

The speech that I watched on Ted.com was Ric Elias: Three Things I Learned While My Plane Crashed. Although Ric Elias is a very successful businessman, he did not mention his career once in this speech. He talked about three things he learned about his life, when it was almost taken from him.

On January 15th 2009, Ric Elias was on board US Airways flight 1549, which was successfully ditched into the Hudson River, after the engine was affected by birds. In his speech, Elias talks about his experience and how it has affected his life. He states while enduring that terrible ordeal, three things came to mind that greatly altered how he would live the rest of his life. The lessons he learned were very powerful because they are principles that can be applied to both life and business. Here were the lessons Elias learned:

1. It all changes in an instant. As the plane was crashing, Elias thought about all the things that he had meant to do and experiences that he had meant to have, but had postponed. He stated that he never wants to postpone anything again. He lives his life with a sense of urgency. He feels extremely lucky that his life didn’t end when it could have, and has realized how short it is. When his time does come, he wants to make sure he took advantage of everything that he wanted to do in his life.

2. He had let his ego get in the way. He realized how many times he really had wasted time on things that don’t matter with people that do matter, because of his ego. He now doesn’t sweat the less important things in life. He also mentioned that he hadn’t gotten in a fight with his wife in two years. He stated, “I no longer choose to be right. I choose to be happy”.

3. He learned what was important to him. He said the one thing that he really thought about right before he hit the water was that he wished he would be able to see his kids grow up. That moment really taught him that the one thing in life that he wanted was to be the best dad possible. Every day he reminds himself of this and lives to be a great dad, above all.

The main thing that I thought was so amazing about this speech was that the speaker said so much in such little time. He learned those lessons in just over five minutes while on that plane, and inspired the audience with his words in roughly the same amount of time. As, I mentioned before, I believe these lessons can be applied to both life and business. I have truly taken his words to heart and want to be able to think of those three lessons in every aspect in life.

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The Broadway League: An Overview

The Broadway League is an association to Broadway theatre and has been around since 1930, with the original objective of theatrical operators to meet with unions and guilds to negotiate agreements. It then became a place to serve the needs of producers and Broadway shows that were on Broadway or touring nationally. Now however, the trade association completely dedicated to creating interest in Broadway and helping to create successful productions. The company really caters to anyone who is at all involved in making the success of Broadway. The members include: theatre owners and operators, producers, presenters, and general managers of Broadway and Touring Broadway productions, as well as theatrical suppliers, restauranteurs, shipping and freight companies, booking agents, travel agents, designers, ticketing agents, and hotel managers. It really also strives to increase interest in commercial theatre in America and help to convey Broadway as a great entertainment medium.

On the site you are able to navigate to several different areas. I have realized there is a ton of information out there and you can spend hours on the website. There is the typical “About” section, which gives you the history, board of directors, etc. Then there is the “Programs and Services” which includes links to buying Broadway tickets, a Broadway fan club, and a link to where you can order Broadway stars for corporate entertainment! There “Research and Education” section is great. They have the current grosses of each of the productions and have seasonal in-depth statistical studies for both the productions and the audience demographics.

The “Professional Development” section had a community open to the public called, “New Producers Alliance” that has several events throughout the year. The community is aimed at giving a home to new producers, allowing them to network, seek advice, and discuss areas of mutual interest. They have several panel discussions with successful producers about how to be successful when starting up. Some of their recent panel discussions were: Presenting Readings and Workshops and Getting Exposure: The Relationships between Producers, Press Representatives and Members of the Press. I thought this was such a cool thing, being free to the public. I know there are lots of producers out there willing to give workshops, but they usually ask for a pretty high price. It is great to know that there are people that truly want to help others succeed, whether the people they are helping out are seasoned professionals or have little to no experience!

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Charlie Sheen vs. Warner Bros. Planning Oversight?

I have to say, I would hate to be the person who had to draw up a contract in any situation. I would guess it takes a lot of a TON of attention to detail. There are so many elements that can be manipulated based on the simple wording of the document, which is what Charlie Sheen and Warner Bros. are dealing with right now.

Well, after a great deal of public ranting and drunken episodes, it sounds like Charlie Sheen has been officially fired from the show he stars in, Two and a Half Men. Production has also been completely cancelled for the last eight episodes of this season. After fighting through media, twitter, and now even webisodes, Charlie Sheen is now taking Warner Bros to court. Does Charlie Sheen even have a case? Could this have been a simple planning oversight on Warner Bros. part when drawing up his contract?

Here are the facts as I have come to know them:

-       Apparently, when Charlie Sheen replaced Michael J. Fox on Spin City, there had been a clause in Fox’s contract stating that he would get paid as long as the show was in production, even if he left.     

-       After cancelling the production of the last eight shows of the season, Charlie Sheen demands that he get paid for these episodes, along with any shows in production for future seasons because of the clause in his contract.

-       Warner Bros. has come back saying that they were able to nullify the contract because Sheen was fired for reasons involving the legal term “moral turpitude”.

First of all, what exactly is moral turpitude? According to Wikipedia it is “a legal concept in the United States that refers to ‘conduct that is considered contrary to community standards of justice, honesty or good morals’”. Where was this in the contract? Since Charlie Sheen is in fact taking Warner Bros. to court over it, he doesn’t seem to think it is valid. It seems like the term is a bit ambiguous and doesn't clearly define what is considered as "moral turpitude". Whether or not the “moral turpitude” reasoning is valid for Warner Bros. to nullify the contract with Sheen, it just goes to show that with dealing with legal contracts and documents, every scenario really has to be examined and the risks involved need to be thoroughly weighed and determined! I’m very curious to see where this case will go.

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Who REALLY had control of the Golden Globes?

Although I am currently out of the country, I still get an earful from the internet, friends, and family about current events going on back home. One of the most current topics surrounding my gossip-loving mother’s phone calls is the Golden Globes and the controversial hosting of Ricky Gervais. 

I went on to Youtube and tried to get an idea of what was said and what everyone was so fired up about. I looked up news articles and reviews of his performance as well and ran across articles saying that he has been banned from the Golden Globes and will not ever be asked back to host again. In an article from BannedInHollywood.com, it states “an anonymous member of HFPA tells Popeater, “Ricky will not be invited back to host the show next year, for sure… For sure any movie he makes he can forget about getting nominated. He humiliated the organization last night and went too far with several celebrities whose representatives have already called to complain”. Here is the article in full for those of you who wish to read it.

So, is HFPA saying that they had no control over what Ricky Gervais was going to say on national television? I have a feeling that HFPA had a little more project control then they are leading us to believe. When I was an intern at the Creative Arts Emmys in New York a couple of years ago, we stood in for the presenters during rehearsal and although this award show wasn’t televised, EVERYTHING was scripted and on a teleprompter. I’m not saying that Ricky Gervais’ hosting was as specific as being on a teleprompter the whole time, but I’ve learned that in any major projects, the details will make or break you. I find it very hard to believe that HFPA wouldn’t have made Ricky rehearse or submit some kind of preliminary script for the evening. 

In my opinion, they were well aware of what he was capable of, which is why they chose him to host for a second year. It seems a lot more companies are using the concept that any publicity is good publicity lately. They claim that they didn’t have project control, and apologized to make the company look good, when they are still winning and getting the publicity they want. After all, it has been almost a month since the golden globes and we are all still talking about it! Here’s another interesting article where Ricky defends his comments for those that are interested!

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When is it time for a project to be cancelled?

Having a huge interest in musical theater, I couldn't help but miss all of negative attention Spider-Man the Musical has been getting lately. First of all, it is the most expensive musical in Broadway history with $65 million in production costs. It is supposed to go beyond the measures of an ordinary musical, adding in spectacle elements including an aerial battle that takes place over the audience. The idea sounds great. It sounds like it would add a new element to theater entirely, and has been the talk of Broadway, since production was announced. With huge expectations, it's opening preview on Broadway fell flat. Many audience members described the show as "visually stunning", but remarked that it seemed that the show was still in stages of dress rehearsal rather than performance mode. It seemed that the show was constantly getting mixed reviews that the show had potential, but needed to sort out many flaws in order to be successful...and then came the injuries. There were several setbacks for the show during it's previews: an actress suffering a concussion, two other actors hurt by a sling-shot technique meant to propel them across the stage, and then a final actor suffering broken ribs and internal bleeding after falling from a platform.
 http://www.ndtv.com/article/world/more-trouble-for-the-spider-man-musical-74267
The show has finally decided to postpone it's opening date until February 7th in order to make creative changes to the show. My questions is, why didn't they stop and do this sooner?! I guess I have this idea of a Broadway having such a high standard. It should be polished. It should be almost flawless by the time they start doing previews and Spider-man seemed nowhere near that point! I understand that the show requires a lot of stunts and technical elements, but so does Cirque Du Solei and they don't seem to have many problems. I truly would like to see this show succeed, I just think they should have postponed it after the first injury. With all the money spent on it, it really would be a shame for it to be a failure, but in again with that amount of money spent on it, it should be spectacular!

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