Famous Legal Liability Battles

Famous Legal Liability Battles

Something that is not left ignored by the members of this industry is that sometimes people tend to believe that they were the ones who discovered the business and that they own everything. Others, rightly so, claim what belongs to them by suing the according party. That’s exactly what we’re going to talk about in this new blog post. Specifically three different cases that in one way or another impact the industry. The first one being Deadline.com vs. The Hollywood Reporter and their copyright infringement claim.

Apparently, according to Deadline.com’s parent company PMC, “an initial review of the complaint shows that it is replete with examples of stories that originated from widely-released press releases from publicists, or widespread confirmations from publicists to numerous outlets, including both The Hollywood Reporter and Deadline.com. To what The Hollywood Reporter says, “It is not copyright infringement to report these stories, even if on occasion Deadline.com posts them first.”

The Hollywood Reporter has had an ongoing growth, specifically 4.4 million visitors per month as measured by comSore in comparison to Deadline.com’s 1.5 million. Deadline.com has also accused The Hollywood Reporter of having openly offered job positions to PMC employees, to what THR has completely denied. In addition to another allegation regarding the code for a “carousel” feature on their website, which according to THR, was coded for them by a third-party vendor. They proceeded to remove said carousel feature from their webpage whilst they look into it.

My opinion.

I use The Hollywood Reporter to keep myself informed about the different stories that surface not only domestically but also internationally. At the beginning of my Master’s completion, however, I used Deadline.com. As I familiarized myself with the different webpages that dedicate themselves to keeping us informed about the current state of the industry and its everyday happenings, I found THR to be easier to access. And not only that, they gifted me with a free subscription for a year to their digital magazine. I guess I might be a bit biased, but the facts are that during the three months that I didn’t even use THR, Deadline.com didn’t even post anything on their Facebook page. THR did. I agree with them completely when they say that just because Deadline.com publishes a story first, doesn’t mean that any other publication is stealing the story from them. They are not the only website or periodical dedicated to show business.

They will be settling this case in court.

Charlie Sheen and 9th Step Productions vs. Chuck Lorre, Warner Bros.

The Case:

Charlie Sheen filed a $100 million lawsuit against chuck Lorre and Warner Bros. on behalf of himself and Two and A Half Men’s production company 9^th Step Productions, in Los Angeles Superior Court.

Officially placing blame on “Warner Bros. capitulating to Lorre’s egotistical desire to punish Mr. sheen…” and having nothing to do with sheen’s controversial comments about Mr. Lorre for “the cancelation of the remaining eight episodes of this season”.

Marty Singer, Sheen’s lawyer, says that the defendants fired Mr. Sheen “when he was willing, ready and able to proceed taping, but that had they used his ‘condition’ as cause to terminate his contract, it would’ve been a violation of the law.”

As of right now, all parties involved in this case are working towards a settlement in which Mr. Sheen will be heavily rewarded.

My opinion:

Honestly, I’ve never been much of a Charlie Sheen fan. The truth of the matter is that while he is the perfect actor for that role. Him as an employee is a liability. And the studio and Mr. Lorre did the right thing in firing him.

Daniel Malakhov vs. Rogers & Cowan

The case:

This is basically an abuse of power and inhumanity case. Mr. Malakhov filed a class action against the PR firm, one of the most successful ones in the business, for “deeming attendance at promotional events with clients to be ‘voluntary’, but informed its employees that failure to ‘volunteer… would negatively affect their ability to advance in their careers.”

As it turns out some employees were paid, but others, who worked without being compensated nor afforded proper meal and rest periods, were not. This class action demands back compensation, damages, attorney’s fees, and interest, plus an injunction prohibiting the firm from engaging in the complained acts. “Mr. Malakhov alleges that the post-regular-shift work constituted a violation of various California labor laws.”

As of Thursday, 27^th of October, 2011, a federal judge turned down the requested injunction “because the lawsuit was brought by a former employee who would not benefit from such relief.”

My opinion:

Honestly, if someone goes through the trouble to sue a high profile PR company in the PR capital of the world, then something must be going on. The fact that the judge decided to do nothing in favor of the 1600 employees who, for fear of retaliation have not made any comments, speaks volumes about the justice system in the country. These claims are really dangerous to any company. Labor laws violation is no joke. Specially considering how much of a luxury a job is now a day.

What are your thoughts on these cases?

Hit me up in the comments down below…

The Importance of an Artist Manager

Many people think that managers are just a waste of time and money. That is just a sign of how supersticial the industry is. But let me tell you little story. There's always been this show battle where six hosts are on the same category of shows (Variety), they're on after prime time, and they've been fighting for the #1 spot on television since Johnny Carson retired. I think you know who I'm talking about. 

That's right. I'm talking about the late-night show wars. They all have managers, agents, publicists, etcetera... all, except one. That is Jay Leno. He mentioned many times that he doesn't have a manager and the rest of that hooplah is history as they say... 

The importance of a manager is not just to help you get the gigs that you want, and be your friend when you have no one else to talk to or hold your hair when you need to go to the bathroom (it happens to many stars/celebrities/whatever you want to call them, let's be honest), when you need a mother figure, or a father figure, or a shrink... or simply when you need a friend. They are there. They help you make the decision that goes accordingly with the situation you may find yourself in. 

In the absence of those you trust with your entire heart, there's always going to be your manager. Which is why, its important to know well whom you're going to choose as your manager. This person is in charge of you getting paid. And subsequently you’re paying those who are on your service. This person should know who you are as an artist, as a person. As a human being. Know your limits, your boundaries. This may sound a bit like over-stepping. But the perfect example of a manager that has had to deal with a “big-deal” celebrity/artist/star is Larry Rudolph, manager to Britney Spears. This woman, who I love as a performer, has had to deal with everything that she has been through. And we all know or at least have an idea of what she’s had to go through in the past 6 years, with the exception of the last two or three. She has been taking care of herself and her kids. And Larry has had a huge impact on her getting well again.

We might mock the fact that an up-and-coming artist gets a manager. But this person certainly becomes the most important ally an artist can and will have for the rest of their careers.

I hope you enjoyed my post this week! Let me know what you think down below on the comments section! Looking forward to it! Happy week everyone!

Artist Management: What It Entails?

The talent manager is the one in charge of guiding and overseeing the professional career of artists in the entertainment industry, whether its in music, television, movies, and/or publishing. This person is in charge of overseeing that the day-to-day affairs of the artist get carried out. This individual is in charge of exposing the artist to different career opportunities, it involves marketing the artist and/or product. What most of us don’t know, until now, is that talent managers take also the role of friend to their artists. They become the advisors, almost to the point of counseling or psychology.

Some little-known facts about talent managers are that artists are subject to exclusivity for their managers. The managers on the other hand can represent as many artists as they want or are able to. The perfect example to this is Mr. Johnny Wright, manager to stars like New Kids on the Block, the Jonas Brothers, Menudo, Janet Jackson, Justin Timberlake, Britney Spears, Stevie Brock, and Ciara.

But his most notable talents are the Backstreet Boys and *NSYNC. Something that these artists forget is that this is a business deal. Johnny Wright is one of the most important and successful talent managers in the business. Wright was hired by the BSB prior to *NSYNC even considering to hire him. Lou Pearlman was the mastermind behind these two extremely successful boy bands, and later was fired by *NSYNC for being declared guilty to conspiracy, money laundering and making false statements during a bankruptcy proceeding, in 2008 Pearlman was convicted and sentenced to (up to) 25 years and proceeded to hire Wright.

Now this “it’s a business deal” deal has come to some particular blows in this case specifically. These two artists were on top of their game at the time. And when it eventually came to them having the same manager it enforced even more the long-standing battle of the boy-bands. In their post- Lou Pearlman years they went on to become the hottest acts in the business. They toured the world, and their fan base is as strong as the beginning.

For the Backstreet Boys though, it wasn’t always peaches and cream. At one point they felt like there was a compromise between their band and their affairs and *NSYNC and their affairs. They, at one point, felt like Wright was paying more attention to *NSYNC than to them, and eventually went their separate ways. That situation created tension between Wright and the Backstreet Boys for quite some time, until they eventually came back together again and the Backstreet Boys launched their new album called “Incomplete”.

The rest is history really, *NSYNC decided to “take a break” and focus on their personal interests, majorly being Justin Timberlake’s try at a solo career. They emphasized many times that they weren’t breaking up, and for official matters, they weren’t, they just haven’t decided to get back together.

The Backstreet Boys merged with the New Kids on the Block and went on tour creating the new and improved NKOTBSB. And they’ve been on tour ever since.

Johnny Wright is successful because he has believed in his talents. He gave his all to all his artists and still is. In the case of these two bands, you could say that they were successful, but once they got together with Johnny Wright, it was impossible to miss what these boys were doing at that moment in time. He’s an example to follow, if you ever decided to go on the artist management career path.

What are your comments regarding this management mogul? Hit me up on the comments section down below. Look forward to reading your thoughts.

Does negotiation differ from business to business?

Rosabel Cedeño is the co-owner of one of the most successful businesses in the southern region of Puerto Rico. She, along with her business partner, who also happens to be her fiancé, are the owners of an event planning and promoting as well as two of the hottest and classiest nightclubs in the region of Ponce. I thought it might be interesting to see how the film business and the event coordinating business differentiate in negotiations. But in my asking her these questions, I found myself agreeing with everything that she says.

It teaches us that negotiation is the same everywhere; it only depends on what your interests and your ultimate goals are. Enjoy the information, and don’t be afraid to ask me any questions!

1. Give an example of how you separate the people from the problem in the negotiations that you take part in for your business.

We must face the problem, not the people. The fact that one person doesn’t coincide with another’s point of view, doesn’t mean that they are being rejected. I, personally had a situation in which I had to tell my cousin, who is my employee, that she was underperforming, and wasn’t meeting the expectations. We sat and talked. And we got to the root of the situation, and I saw that she was going through some personal circumstances that were affecting her performance. We made a deal between both parties (she and I) to solve the situation, and it’s been going well up to this point.

2. How does separating the people from the problem affect the outcome of the deals?

By separating the personal problems better negotiation can be found. Negotiations are there for us to find a win-win for both parties, with modifications, and adjustments, and agreement on certain details. Maintaining a rational and objective position we obtain better results.

3. Give an example of how you use objective criteria to get what you want in your negotiations.

I analyze, determine what I desire, I think about what can benefit us, I achieve my objectives and always have in mind that we, as a team, are successful.

4. How did using objective criteria affect the outcome of the deals you make?

Negotiating and hustling a detail, or proposing a realistic and concrete point help and contribute our negotiations. And most of all help us obtain the results that we are looking for, those being success for both parties.

5. Give an example of how you work toward mutual benefit in your business.

Speaking in regards of my business, what we do to gain mutual benefits while I’m the middle of a negotiation with either an employee, for example, I try to comprehend and put myself in his/her position and listen to the point that they are raising. I am very clear in the objectives and goals that I wish to accomplish with my company and up to where I can “yield”; I discuss their preoccupations, I motivate them and we come to an agreement that would benefit each of us. If my employee understands my position and I his/her, they’re going to perform and fulfill the expectations, and therefore I obtain better and bigger benefits.

6. Has there ever been a time where you lost a negotiation or felt like you would’ve done better to get a better end result?

Yes, there came a time where I didn’t get the result that I wanted at that moment to improve my business. But I was able to comprehend that the other person’s criteria and interests were and still are valid and what I wanted would’ve limited that person. The reason why the negotiation failed was a compilation of factors that limited us both and were out of his control.

7. What is the constant factor in your negotiations?

Communication and be clear of the true interests of both parties.

8. What is your advice for people just as yourself, who are starting in the business and are pretty much at the reins of their own dream businesses?

Patience, communication, immense effort and sacrifice, having a positive attitude at every moment, for anything that may present itself. Your attitude is going to define how you undertake and accomplish your way and your goals. Desire to work in order to reach your dreams and see them come true in front of your eyes.

Having a business is very sacrificed, but there is no better satisfaction that to see your dreams come true, and in the future see how much you’ve grown….

Something that’s very important to see clearly is your interests, if after a few months or years of having your business, and your interests and motivations are the same as the first day of your journey, then you’re on the right path. If they have changed negatively, think, analyze and meditate in what you’re doing and ask yourself “what motivated you at the beginning of your journey” so you can keep going strong.

Negotiation and its perspectives...

Angelo Vicente is an up and coming indie producer. He’s done a slew of indie films and music videos and is currently in the process of co-opening his own production company here in Puerto Rico. He tells me that he’s had to negotiate everything from the name of his company to the scripts he and his partner decide to do. Given the fact that I want to work in the film business as well, I thought it would be prudent to interview someone who’s had experience in this area.

1.  Give an example of how you separate the people from the problem in the negotiations that you take part in for your business.

I believe in the ability of most people to use logic. Following on this, one can present the problem in a very straightforward manner; using an almost algebraic formula. It could be interpreted, as “this is what we need, what can we do to achieve it?” If the situation is presented clearly, the probabilities of it being understood rise exponentially.

For example, a client wants to know more about our services. What does the client need? Who is the client? What better tactics can we use to inform the client; a presentation or a video link?

2.  How does separating the people from the problem affect the outcome of the deals?

Presenting a problem with a clear focus can result in a sober observation of what is going on, instead of the situation falling victim to spur-of-the-moment decisions. Overall, it leads to making better decisions.

3.  Give an example of how you use objective criteria to get what you want in your negotiations.

Every time there is a presentation on a possible client, everything you say must be backed either by information or your professional experience. This way, there is a validation on what is delivered.

4.  How did using objective criteria affect the outcome of the deals you make?

It usually leads to positive deals themselves, since the information you present is substantiated with facts. This is very important in business.

5.  Give an example of how you work toward mutual benefit in your business.

In our field, for example, a budget might be adjusted to reflect the realities of a smaller client. This leads to more business for us at a price they can afford, so quality is never sacrificed, and neither is our business.

7. Has there ever been a time where you lost a negotiation or felt like you would’ve done better to get a better end result?

Yes, these situations always happen. They happen less as you realize what your own preparations have to be like.

9.  What is the constant factor in your negotiations?

Empathy with the client is very important. If you do not understand your customer, selling your service/product will be more unlikely. Also, an emphasis on quality is a must: you must be proud of what you are offering.

10. What is your advice for people just as yourself, who are starting in the business and are pretty much at the reins of their own dream businesses?

 Always do your best, and never  “half-ass” it. My advice would be to treat it with respect. Everything else will flow from there.