Creative Business Strategies

http://www.afs-inc.com/images/creative_strategy.jpg

In today’s economy companies are paying closer attention to their Creative strategies. The economic shifts have changed the way consumers analyze the products they purchase. Having a marketing tool for your business endeavors are important because consumers are expecting more, building trust with customers and a mature marketable business should be the ultimate goal.  Laying out how your product or services are beneficial to the consumers can further develop the relationship with them. Additionally, magnifying what the consumer is expected to receive will give the product leverage. (http://retailleverage.com/category/examples-of-leverage/)

When a company capitalizes on their creative strategies they have the potential to increase profits and cash flow. The clear goals are the creative strategy the company will implement to generate future sale messages, brochures and advertising. It further showcases the structure of the business projection. 

• ·      Price
• ·      Place
• ·      Promotion
• ·      Product

The business should be evaluated to accommodate the needs of the customers.

Next tailor a clear marketing mix that parallels the company’s products to align with consumers needs. Once the needs are taken into consideration, it would be of great benefit to examine the price, place and promotion ideas set forth in the business plan.  The concept of the marketing mix is to plan the controllable elements of a product’s marketing plan. When pricing the product the customer demographics should be considered. In addition covering the bases of the marketing mix is crucial when determining the brand offerings. Once the first three marketing mix concepts are in place, execution of the product would be the last concept to enforce. Promoting the execution should be done in a way that compliments the strategic, and creative plan. Creating urgency for the product is one a secret strategy some companies like Apple use to increase sales at the beginning of a new product launch. These marketing tools are helpful techniques that can guarantee success if implemented properly.

Sources:

http://www.uwa.com/compadv_b_003.pdf

http://www.the-dma.org/dmef/researchsummit/HandoutCreative.pdf

Distribution Blueprint & Film Strategies are IMPORTANT!

Have you given thought about your Film Distribution strategy?

Distribution tactics are most important at the pre-production stage. In most cases, distribution planning is not strategized until postproduction. There are two distribution platforms, traditional or non-traditional. In addition, within those platforms there are eight potential revenue streams. According to Stacey Park of FilmSpecific, “Which ever platform used the ultimate goal for any project would be to distribute its contents and maximize profit”.

Postproduction is the best time to figure out a clear, solid and realistic plan for distribution. The traditional distribution option would television broadcast, DVD, or foreign. In resent years non-traditional distribution like Internet VOD, Cable VOD, have been more appealing because these outlets allow more control when distributing. Regardless of which path you decide, there are certain fundamental steps that must be taken to ensure the film makes a smooth transition.

According to a Canadian based website, approximately 5,000 independent films being made each year, only 200 will ever see the light of day or generate significant sales. While many creative and visionary artists engage in the creative process, the distribution aspect in not considered at this point. Postproduction is the most critical time; this is because during this time the strategic blueprints are being developed. However on a greater level, the distribution plan strategy provides avenues that allow the blueprint to get the film exactly where it needs to go.  

Distributing your film comes down to knowing strengths and scope of the project and who is the potential audience. Once that is established, building reputable contacts within the industry to properly move the project forward. Ultimately showing investors that the project has potential for growth. Moreover, this strategy will give the project many options, such as creating industry buzz and obtaining funding interest for future projects. When approaching distribution with the correct knowledge at the proper time it can makes a great difference in the end results. Timing and strategies are what makes movie sale at the box office.

Resources:

http://www.youtube.com/watch?v=G7HsJCAnncI

http://www.independent-magazine.org/magazine/2009/03/prepfordistribution

http://www.itnewslink.com/article.php?id_article=14562

Self –Publishing the New Found Freedom

Self-Publishing is a new found freedom, thank to all of the print on demand companies available. It is safe to say self-publishing offers the author a chance to get their work into print relatively inexpensive. In addition Self-publishing offers fast, easy formatting, book design and other services. The self publishing idea comes with many perks and with that being said one must ask themselves “What are the disadvantages of self-publishing”?  With every freedom come responsibilities. Traditional publishing has for so many years’ shielded authors from the tedious yet necessary core concepts needed in order to make their work profitable. Although self-publishing is an option when bringing material to market, it’s not as easy as it may sound.  The process includes formatting, editing, proofing, designing these elements are essential to the success of the project. In addition the author must handle all promotion and distribution. Furthermore, book signing, contracting new outlets, and getting book reviews are needed to generate sales.

Self-publisher should not be discouraged from the above information. In turn self-publisher can embrace the freedom and take a delicate approach. The POD companies would like for authors to assume that publishing is easy and everything is (do it yourself) DIY, although it can be done. It would be suitable and of more benefit to the author to take a strategic approach when self-publishing their work.

Either choice traditional or non-traditional there is no right or wrong way. The idea is to decide on how depths are you will to be in the execution of your material. Are you willing to go with a traditional publisher who in return will string you along and at the end take 70% of your profits?  Would you rather everything yourself and pay your own way and adopt your own risk? Only you can decide which path to take, neither route will except an author from hard work, but it will further prove the old saying that “Freedom is never Free”.

Resources:

http://litreactor.com/columns/six-tough-truths-about-self-publishing-that-the-advocates-like-to-avoid-discussing

Industry Expert

Entertainment Law update with legal and commentary news podcast. The hosts are Gordon Firemark and Tamera Bennet. The podcast has interesting Law updates for Entertainment professionals.  On this podcast episode 33, several intellectual property violations were discussed. The first being the 50/50 trademark dispute, were Lionsgate and Mandate Pictures was accused of using the 50/50 name, a music group that has been using this name since “2000”. The Music group filed a case in the Federal court to stop the release of Lionsgate’s DVD release. The U.S. Judge George Lindberg watched the movie and after careful consideration dismissed the trademark allegation.

The case of Rogers v. Grimaldi was referenced in the Judge’s decision to dismiss the case, which clearly states,” A title must be explicitly misleading and devoid of any artistic relevance to the work” (Gardner, 7/20/12). Copyright infringement has a variety of forms. Although, the plaintiff was not successful in the case, it would be in the best interest of my company to ensure that our clients pay close attention to Industry trends and other group’s names in the industry. It would be proper to advise our clients to conduct a name search properly to avoid these types of issues.

In additions to the case above episode 14 showcased the case with Joel Tenenbaum. The scope of this case was interesting because it was also a copyright statutory damage. In this case the Jury awarded the plaintiff $675,000 and the Judge over turned the decision stating that although Tenenbaum did intentionally commit the unconstitutional act he was not compensated or did not received any compensation. Therefore the Judge cut his punishment 90%; the Judge did affirm that it was not fair use. The Judge also stated that the punishment must, match the crime.

The Podcast cases that were reviewed in all three of the podcast, reviewed enlighten my business scope. The Podcast assisted me in deciding to offer my clients additional services that will guide them and inform them of the risk of copyright infringement.

A companies intellectual property, must be protected from infringement as well as ensuring our companies are protected from violation of copyright laws.

When advised by legal counsel in regards to best business practices, were to always remember, I.R.A.C., First the issues at hand ensuring facts are taken into consideration. Next, rules and analytical information to protect the client’s interest at all times. Finally, in the conclusion of business affairs, be sure to pay close attention to legal contract and agreements and be sure that all negotiation is win-win situations. Satisfaction is offered in consideration, for the substitute performance. Acceptance is the substitutes for what was suppose to be received. Benefit is the consideration, what is the benefits if its not benefit there is no contract. This is the LAW!  I was also advised, to install LawNet on my computer to be able to research case relevant to the industry professionals.

Sources:

1) Entertainment Law Update Podcast Episode 13

Posted on August 25, 2010 by Gordon Firemark

http://firemark.com/2010/08/25/entertainment-law-update-podcast-episode/

Episode 13 Link:

http://llnw.libsyn.com/p/9/8/7/9876797a2f92a3c9/EntertainmentLawUpdateEpisode013.mp3?s=1350812871&e=1350819538&c_id=2389410&h=7ce83939b4347a53404b1e7a00072623

2) Entertainment Law Update Podcast, Episode 33 – Cease and desist, but nicely

Posted on August 7, 2012 by Gordon Firemark

http://firemark.com/2012/08/07/entertainment-law-update-episode-33-cease-and-desist-but-nicely/

3) Entertainment Law Update Podcast 032 – Lawyers, Libel, Logos and Lollipops

Posted on July 5, 2012 by Gordon Firemark

 http://firemark.com/2012/07/05/entertainment-law-update-podcast-032-lawyers-libel-logos-and-lolipops/

4) Lionsgate Defeats '50/50' Trademark Lawsuit

6:07 PM PDT 7/20/2012 by Eriq Gardner

http://www.hollywoodreporter.com/thr-esq/lionsgate-50-50-trademark-lawsuit-352663

The Business of Legal Liabilities

Legal liabilities are prevalent in the business of entertainment. In this blog I will attempt to analyze three different issues in the entertainment business. Earlier this year Kanye West Law suit with Tuf American label. The record label accused Kanye not going though the proper channels to sample parts of Pianist Eddie Bo work in his own song “Who survive in America”.  The copyright infringement case was filed in a Federal court in Manhattan, New york. 

“This, of course, isn’t the first time West has been hit with copyright claims after the use of a sample. In summer 2011, Numero Uno Group cited Jay-Z and Kanye for use of parts of the Syl Johnson track “Different Strokes” in Watch The Throne offering “The Joy” http://idolator.com/6961241/kanye-west-twisted-fantasy-lawsuit.

This lawsuit is evidence that copyright infringement is a serious charge. Many entertainers think that if they pay a license fee, that will protect them to use the exclusively. Proper agreements must be obtained to sample other artist’s work.

Which brings to my attention the second case of copyright infringement. Eminem's filed a lawsuit on Audi, the car company used his song in one of their ads. Eminem’s song was a Grammy winning song called “Lose yourself”. The car company used it without getting the proper rights, although the commercial only aired in Europe.

It has been reported that “The suit is going forward in a regional court in Germany, where Chrysler has issued a cease and desist order” http://www.bet.com/news/music/2011/06/03/-eminem-sues-audi-for-copyright-infringement.html. This is further evidence to my stated claim that copyright infringement is a very serious charge.

In addition to the first two cases, Mike Tyson had a hand in an art copyright infringement case, were his tattoo artist S. Victor Whitmill sued Warner Bros. using the tattoo in the “Hangover 2 move. Whitmill claim he is the rightful owner of that design and wanted compensation for the recreation of the work. “ The "Hangover" tattoo copyright dispute has been settled out of federal court, with the studio and tattoo artist both saving a little face regarding the Mike Tyson-inspired ink that's plastered on the face of the character played by Ed Helms in "The Hangover Part 2"

http://latimesblogs.latimes.com/gossip/2011/06/hangover-tattoo-dispute-ed-helms-hangover-2-tattoo.html.

These three cases have shown me that copyright infringement is not worth the legal trouble. It is my intention to open a performer consultant company that will assist entertainers with legal liability issues. I am not an attorney and not able to give legal advice but I will be able to refer them in the right direction to make their jobs less stressful in this regard.

   

Work Cited:

Kanye West Sued Over ‘My Beautiful Dark Twisted Fantasy’ Samples

September 30, 2012 Christina Lee,

http://idolator.com/6961241/kanye-west-twisted-fantasy-lawsuit

Eminem Sues Audi For Copyright Infringement

Slim Shady goes after carmaker for using his music without permission

By Reggie Ugwu

Posted: 06/03/2011 06:11 PM EDT

Filed Under Eminem

http://www.bet.com/news/music/2011/06/03/-eminem-sues-audi-for-copyright-infringement.html

Hangover 2' tattoo lawsuit over Mike Tyson-style ink is settled

June 22, 2011 | 4:38 pm:

http://latimesblogs.latimes.com/gossip/2011/06/hangover-tattoo-dispute-ed-helms-hangover-2-tattoo.html