Legal Updates in Entertainment

I was perusing one of my favorite entertainment industry websites, hollywoodreporter.com and happened to migrate over to the Esquire tab for some up-to-the minute legal issues that may be interesting. Another reason I look there is because their blogs are always informative, relevant, and entertaining. The first article that caught my eye is the latest in the ongoing litigation involving LimeWire.com and end user file sharing. After reaching an over one hundred million dollar settlement with the RIAA, several Hollywood film studio conglomerates seized the opportunity of an earlier judgment and the recent RIAA settlement and filed a new round of law suits against LimeWire for copyright infringement.

Although industry analysts believed that with the overwhelming evidence and their past losses, LimeWire would seek a settlement rather than go through another costly trial but LimeWire appears to be drawing a line in the sand. According to the article, LimeWire is asking the court to force the film conglomerates to prove LimeWire facilitated infringement. Although this case and many others have proven that the RIAA and others can win lawsuits and recover some of the losses file sharing has caused but, when all the suing is complete and settlements made...file sharing may go down in history as the technical achievement that destroyed the recorded music industry.

The second article I thought was very interesting was regarding litigation between (William) Faulkner Literary Rights, LLC and Sony over the use of a quote from one of Faulkner’s books, Requiem for a Nun. The suit alleges that the quote, “The past is never dead. It’s not even past,” was used in the Sony production of Woody Allen’s film “Midnight in Paris” and spoken by actor Owen Wilson.  Faulkner Literary Rights, LLC claims that neither Sony nor Woody Allen sought or received permission to use that quote and therefore, Faulkner Literary Rights, LLC, incurred damages. In their response, Sony claims that since William Faulkner used the quote in a public speech, that it is classified as fair use and receiving permission was not required.

This is an excellent example of how complicated the details of copyright laws are and in this age of advanced technology and the ability to record everything almost all the time. Staking a claim on ownership rights is only going to get more complex in the future.

One final article I thought was really interesting was about a recent finding by the U.S. Copyright Office on exempting certain activities from being deemed illegal under the Digital Millennium Copyright Act's (DMCA) anti-circumvention protections. The jest of the article was that under a recent ruling the U.S. Copyright Office that it is no longer illegal to take a certain part of a DVD and "make use of short portions...for the purpose of criticism or comment" according to the article this includes use in “noncommercial videos such as remix or mash-up videos, documentary films, multimedia ebooks offering film analysis, and for educational purposes such as a film studies classroom.” Of course prior to this ruling media critics were becoming concerned that copyright owners would be able to prevent them from being able to use examples of works in negatively reviewing copyrighted material. With this ruling, educational facilities, both for profit and not for profit, will be able to use portions of protected works in educational surroundings without receiving prior permission.

This was a very interesting week with the legal happenings in the entertainment industry and these articles prove again that this industry, at least the legal side of it, is forever changing.

The Plaza Live – Great Venue to Produce Your Next Gig

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It seemed like a good idea to write about a single venue last time so I am continuing with that theme this week with another one of Orlando’s great local venues, this time it is The Plaza Live. The Plaza Theater was the original name when constructed in 1963 as a movie theater with extra wide aisles, freezing air conditioning, and state-of-the-art rocking chairs in two separate theaters. The venue remains an Orlando landmark.

After sitting dormant for several years the facility re-opened in 2002 as a live event production facility and renamed The Plaza Live. Dark during most of this summer

due to roof re-construction, The Plaza Live is back in action with a large number of great gigs booked throughout the remainder of 2012 and into 2013. Perhaps one of the best parts of The Plaza Live is that it is available to independent promoters for rent. The two theaters, appropriately named the Small and Large Theater(s) are accessible from a main lobby entrance. The Small Theater accommodates up to six hundred guests in a very intimate atmosphere and the Large Theater accommodates up to one thousand six hundred guests that includes a spacious balcony section.

Both theaters have permanent stages, high tech house sound and lighting systems along with the engineers to operate them. The total facility is versatile enough to promote everything from dance performances, rock and roll shows, intimate acoustic performances, weddings and school graduations. The Plaza Live also has a full liquor license and can provide a full range of catering options. Check out this link for venue rental prices and production specifications. Conveniently located just east of downtown Orlando near the intersection of Bumby Avenue and East Colonial Drive, The Plaza Live is close to great eateries, shopping, specialty shops, and offers almost unlimited free parking. If you’re thinking about your next gig you should be thinking about The Plaza Live.

Now, get out there and enjoy some live entertainment!

Harry P. Leu Gardens – Orlando’s Secret

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I don’t often write about a single venue but as we head into October and a little break in the heat and humidity I thought I’d share one of the ‘tourist capital of the world’s’ secrets. It’s Harry P. Leu Gardens located less than a mile north of the heart of downtown Orlando. This 50-acre former residence of local business leader H.P. Leu and his wife Mary Jane was donated to the city of Orlando in 1961 and is now open to the public for tours, special events, and rental for private events.

Having grown up less than 4 blocks from Leu Gardens I have seen it transform from what we used to call ‘the big house’ with surrounding gardens and orange groves to one of Orlando’s best-kept secrets. The beautifully landscaped gardens containing what seems like hundreds of different varieties of camellias unfold to a gentle sloping hill leading to the shores of Lake Rowena. Yes, that’s the lake across the street from Loch Haven Park! As you can see, this is truly in the heart of downtown Orlando. In addition to the gardens there is a museum that depicts life on the property in the early 1900’s when Orlando was just beginning to grow. Of course Orlando didn’t really catch on until the wide use of indoor air conditioning in the early 1950s.

With a break in the heat and the secret out, Leu Gardens is the place to visit if you want to capture the beauty of the natural side of Orlando. Special events are planned throughout the autumn months starting in October with Storytime, Date Night, Jazz ‘n Blues Stroll (my personal favorite), and of course Halloween week would not be complete without Ghost Stories at Leu Gardens. General admission is less than $10 dollars, parking is free, and I’ll let you in on one final secret...daytime admission is free on the first Monday of each month.

Harry P. Leu Gardens is a real crown jewel for the city of Orlando and I have certainly enjoyed it most of my life. The secret is out – the first Monday in October is tomorrow and admission is free, go enjoy one of Orlando’s secrets!

Interview with Pat Doyle - International Talent Booking

I recently had the opportunity to sit down for a few minutes and talk to Pat Doyle, owner of one of Central Florida’s busiest talent booking agencies, International Talent Booking located in Orlando, Fl. ITB has been in business for over thirty years providing talent of all kinds to the local and international marketplace. With this track record of successful accomplishments I thought Pat would be the perfect person to ask about negotiating agreements with all kinds of clients from performers to promoters.

My first question to Pat was; “As a talent broker you actually have to negotiate at least two agreements with each performance, one with the talent that you are acting as the booking agent for and one for the customer buying the talent services. How do you bring all the parties together?”

Pat Doyle: “The very first job as a successful negotiator is to establish the mutual benefit of consummating an agreement between all parties. Everyone has to be comfortable with knowing that his or her needs are being met. I try to build a relationship with the parties in order to understand those needs first and then offer solutions. Everyone has to benefit from the final outcome and that’s how to start the process.”

In furthering that subject I asked Pat; “So, without disclosing any trade secrets, how do you establish the opening offer of terms and conditions when negotiating with such a wide range of clients? Is there some standard that you use?”

Pat: “Absolutely, and the only trade secret here is establishing and maintaining the relationships that allow us to continue to be successful. In beginning negotiations with clients one of the earliest conditions we agree to is the objective standard we are going to use to determine many of the remaining terms and conditions of the contract. The great news is that literally thousands of talent contracts are signed each week in this industry and between union standards and past practices, establishing that standard should be routine. Determining the promoter’s budget and the talent’s perceived market value are the two standards much harder to establish.”

My final question to Pat was; “What is BATNA?”

With a slight chuckle, Pat Doyle: “BATNA, the best alternative to a negotiated agreement is what that acronym stands for and especially during the talent to promoter discussions, I make sure the talent I represent knows what’s at stake in case we are not able to reach an agreement. I most cases, promoters/customers will let us know what their budget is for a specific appearance and once all the ancillary costs are calculated, it’s the talent side we turn our attention to. I’ll be the first to admit that compared to thirty years ago, our current talent list has a much better understanding of the business behind the scenes than ever before. Being able to decide what happens if we are unable to reach an agreement is near the format of that understanding.”

These are great tips to remember when negotiating any agreement whether you’re the promoter or the performer. Knowing how to reach an agreement is one of the first steps to success!

A great summer of live events

It is a summertime full of live entertainment right here in the entertainment capital of the world Orlando, Florida and the surrounding area. Since our last update I attended the Lindsey Buckingham concert at the Plaza Live last week and it was a fantastic show by a very talented musician. I attended the event with a life-long friend that is an accomplished guitarist and it was great to see his reaction as Buckingham wowed the audience with some of his recent material and took many of us back in time with his Grammy Awarding hits from the ‘70s. One of my friend’s most memorable comments was, “this guy is a musician’s musician”. I guess that’s about the highest compliment you can pay a professional musician.

Speaking of the Plaza Live, I was checking their website looking for this weekend’s lineup and noted with pleasure that the Plaza Live will be temporarily closed beginning Monday, 8/20 for long awaited roof repairs to the sixty year old former movie theater. Their final concert before the renovation is a free gig this Sunday night. Plaza Live is a great venue offering a wide variety of live events that is building a loyal following among the locals. The Plaza Live will reopen in mid-September with what is sure to be a great rap-up to the summer of 2012.

In searching for activities for the weekend I stumbled upon what looks like my calendar entry for Saturday afternoon. Another local landmark, the Orlando Museum of Art is presenting the, ‘Southernmost Art and Literary Portraits’ photography exhibition by Orlando resident Jimm Roberts. The Orlando Sentinel reports Roberts’s presentation this way, “It’s an unparalleled collection of black-and-white photographic portraits by Jimm Roberts, the longtime Orlando resident who from behind his camera has created an archive of Florida’s cultural royalty.” Whether you are a Florida native, a transplant resident, or a first time visitor, this walk through a piece of Florida history sounds rewarding. General admission tickets are $8 with discounts provided to students and seniors and the exhibition runs through October 28^th.

On a related note, the Orlando Museum of Art is located just south of downtown Orlando at Loch Haven Park. Along with OMA the park is home to many other cultural attractions including, the Orlando Shakespeare Theater, Orlando Science Center, Orlando Repertory Theatre, Orlando Fire Museum, and the Mennello Museum of American Art. With this one stop you can spend all weekend enjoying live entertainment.

Take a look around and get out there and enjoy a live event this weekend.

Great events in Central Florida in August

It has been a great couple of weeks for live entertainment in the area and as the summer continues there are more great events to come. Although I did not have the opportunity to catch The Heart and Soul Tour last night at the Amway Center, several members of the production crew worked the show and the early morning report today was all good news. According to the crew, the show was almost sold out and one observer said that the audience was a great mix of parents with their adult children. Excellent marketing mix on this one!

In an ironic display of scheduling, happening this Tuesday night in the intimate surroundings of the Plaza Live for one night only, one show only is the truly remarkable talent of Lindsey Buckingham. For those not in the know, Lindsey Buckingham is the former lead guitarist for Fleetwood Mac who along with last night’s The Heart and Soul Tour opener Stevie Nicks, created some of the best sounds of the 1970s. The unorthodox playing style and dynamic vocals of Lindsey Buckingham will surely rock the house down in Orlando on Tuesday. Unlike the high ticket and concession prices at last night’s gig, Tuesday at the Plaza Live offers very reasonable prices, an intimate atmosphere, free parking, and a great little coffee house directly across the street named the Drunken Monkey for some refreshment before or after the show. Makes a perfect summer night out.

Like me, if waiting until Tuesday for some live entertainment is too long, tomorrow I’m checking out something I just heard of, Nerdapalooza 2012. They’re celebrating their 5^th anniversary this year and the event runs this weekend in downtown Orlando. According to a preview in the Orlando Sentinel, “Since conceiving the notion of a Nerdapalooza festival in 2007, founder John “Hex” Carter has taken the event to California and London, but seems to have established permanent roots in Orlando.” The event is three days and is located at the Beacham and Social clubs on Orange Avenue in downtown Orlando. I’m not really sure what to expect from a festival that is ‘everything nerd’ but one thing is for sure, almost any live event beats any virtual event any time, any day.

Now, get out there and enjoy some live entertainment.

Excellent Speaker - Simon Sinek

This week I had the opportunity to assist a local talent booking agency locate a motivational speaker for a leadership conference being held in Central Florida. After determining all the details I made a list of speakers that I had heard of or had contact with that would be a good fit for the client. I recalled a great presentation I had seen sometime earlier on Ted.com by Simon Sinek about how very successful leaders think and do things completely opposite from the rest of us.

Mr. Sinek has a very calm and compassionate speaking persona that draws the audience directly to his observations. Sinek, a graduate professor of communications at Columbia University and adjunct staff member of the RAND Corporation, has discovered a biologically based concept that drives each of us to make decisions in what he calls, “The Golden Circle.” Sinek describes how effective leaders all have one common trait regardless of what product, service, or message they sell or present. Sinek concludes that the common trait these unique leaders posses is their ability to master the concept that human beings, “don’t buy what you do, they buy why you do it.”

Sinek uses some great historical leaders to illustrate his point. Starting with one that would seem pretty obvious is the late Steve Jobs from Apple while others are a little more obscure leaders like the Wright Brothers. We may view the latter as inventors and innovators which of course they certainly were but, perhaps hidden in their glory of invention, the Wright Brothers where able to clearly relate exceptional leadership qualities in explaining “Why” they were working to create motorized flight and keeping the ‘what and how’ they were going to attain that as secondary messages. Sinek concludes his examples by quoting part of Martin Luther King, Jr.’s world famous speech in reminding the audience that after all, “Martin Luther King, Jr. started his speech with ‘I have a dream’, not I have a plan.” People have dreams and share dreams, that’s a much greater motivator than just following a plan.

Watching this presentation has helped me develop better leadership qualities in presenting my passion and compassion in producing the best events ever for my clients. Passion is contagious, and having the clients share the “Why” I do things has increased my business. I hope you get the opportunity take a look at the short video of Professor Sinek’s presentation. If the schedules work out, maybe I’ll finally get to meet him at the leadership conference.