The basic of torts and how they apply to my business

I am currently enrolled in an advance entertainment law class at full Sail University. However, class will soon come to an end but I am proud to say that I have learned a lot in the last few weeks. In this class, I was able to see how companies and people take legal action when a law is broken. I am also able to interpret different case studies; this is due to the Monday and Tuesday night wimba sessions. The subject that held my interest the most would be tort law. After learning about several of them, I begin to do a little more research. So for my blog assignment, I decided to focus on torts and how they could possibly affect my business. Below, I will be summarizing three podcast that I have found during my research.

My first podcast covered “The 3 basics for finding liabilities” by Mark Montgomery from the “The Life of a Law Student podcast”. This website offers valuable information that focuses on defining what a tort is. A tort can be defined as an illegal act that is committed against one private party by another. A tort also deals with two things, criminals and contracts. Mr. Montgomery offers information on how we could use torts to address the wrongful party. Which deals with compensation and deterrence. He explains what modern torts are and how they come from the second writ of trespass on the case or action on the case.  Which can be seen as an indirect action involving a tort. Finally, I have also learned that modern tort law has three bases of liability. The three bases are: intentional conduct, negligence, and conduct that could be either intentional or negligent. To review this podcast please refer to the website that is cited at the bottom of this page. Mr. Montgomery, will take you through several tort cases and how the plaintiff must prove the defendant to at fault or not at fault.

http://skyblufox.deviantart.com/art/Assault-and-battery-138366495 

 The second podcast “Civil battery and assault” refer to intentional torts specifically. There are also a number of different intentional torts that can be defined. In this podcast Mark Montgomery, describes in detail civil assault and civil battery as the first two intentional torts. When it comes to battery, a person intends to cause harm or may want to scare another person. To obtain the definition of a law, it is easiest to refer back to a restatement of a case. The American law institute made this possible by conveying these restatements in the place of common law. Montgomery, also refer to a 1704 case that was held in a New England Trail Court. Not only does this case have several different meanings for battery, it also states that battery may occur out of anger. However, battery has evolved and anger is no longer included. This is due to people not being things out of anger. They are aware of what they are doing, and maybe be doing it just because. Montgomery defines assault as unwanted or offensive contact. So in other words, the defendant must place victim in reasonable apprehension of harmful contact

http://www.pedigolaw.com/services/personal-injury/false-imprisonment/

The third podcast covers false imprisonment, which is another form of an intentional tort. It is always good to remember that torts do not require damages; the injuries symbolize an invasion of rights. Montgomery, use the example of some spiting on someone else as a form of an intentional tort. Even though, the person may not be able to show proof of damages in this type of situation. However, this should never discourage the person from taking action against the other.  When dealing with tort case, the judge will determine the award and maybe focus on punitive damages. The reason for this is that the judge is trying to discourage the guilty party from ever doing this again. False imprisonment case can be described as someone violating your liberty. Which is your freedom to move about, were and whenever you want. The restatement will also give several definitions of what false imprisonment means. With lawful confinement there doesn’t have to be an act of physical restraint.  Mark Montgomery also refers to a case that deals with a police officer on duty, he happens to see a dog wondering around. He follows the dog home and comes in contact with the owner. The police asked the owner to she her driver license has she got out of the car. The women refused and the police officer threatened to take her to jail if she didn’t. The women was eventually arrested and taken to the police station. She was convicted of a lease law, however she did win the case for false imprisonment. Her didn’t have to produce a license for the police officer because they were not deal with a motor vehicle issue. This cause was clearly about the victim dog being off the leash.

In conclusion, I feel as if all three podcast where interesting and informative.  I have learned that a tort deals with either criminal or contracts cases. With intentional torts, I will always remember that damage will not have to be required. As a business owner I can definitely apply these laws to my business. There maybe times were I might have to deal with someone committing assault or battery at one of my events. In the event that this occurs, I must be prepared to take action. If there were one thing that I have learned, it would be to always refer back to the restatement of a case to determine what a law means.

http://itunes.apple.com/us/podcast/loals-torts/id215667454

Entertainment laws and Intellectual Property

 I am currently enrolled in the entertainment business program at Full Sail University, were I am also taking an advance law course. Although we are only in the first week of the course, I have really learned a lot. I want to some day own my own business, but I didn’t take the legal side into consideration until now.  This week I have had the chance to listen to several podcast that where related to the entertainment and law industries. Throughout this blog, I will be sharing the knowledge I have gained from this course and several podcast.

 http://zunia.org/post/intellectual-property-and-developing-countries/

The first podcast that I covered is titled “ Intellectual Property: Protecting Ideals, concepts, processes and plans” by Andrew Mirsky.  Mirsky is currently working in a Washington law firm, with a practice in new media, intellectual property, non-profits, and technology. This podcast also features Neal Seth (guest); he is currently a partner in Baker Hostetler’s Washington, DC office.  These guys discuss the problems businesses are facing when developing new ideals. Neal Seth offers advice to entrepreneurs who are just starting a business. Throughout this podcast, he takes you through the basics of how to protect your ideals.  He also gives a clear definition on what a patent is and what it can and can’t do. I now know that by patenting my ideals, I could prevent someone else from making, selling, or using my ideal. However I now know that cost plays a major and is an issue for small businesses. If there were one thing that I have learned from this podcast, it would be to consider trade secrets when I want to keep my ideal a secret.

http://mirskylegal.com/2011/01/podcast-3-intellectual-property-protecting-ideas-concepts-processes-and-plans/

The second podcast refers to the doctrine of “Fair Use”, when it comes to trademarks and copyright. Ernest Grumbles and Joe Bennett is the host of this podcast radio show. Throughout this podcast they will be interviewing Prof. Bill McGeveran, who is currently s professor at Minnesota law school.  Today, the Internet plays a heavy a role in “Fair Use” because a lot of things are available online. In the first part of the podcast they discuss trademark laws. There isn’t just one doctrine, they come from different places and they can be different activities. I have learned that “Fair Use” can be referred to a word that has been used a lot but can’t be used anymore. Something new that they have discussed happens to be nominative use. Which refers to the brand, and being sued for using the band without permission.

http://bpgradio.podbean.com/

The third Podcast, cover entertainment law and give updates on what’s going on in the legal world of entertainment.  This podcast targets entertainment lawyer and is also hosted by entertainment lawyers. Throughout this podcast, several cases are being discussed and I have decided to pick the two that interest me. In the beginning of this podcast, they are discussing the Google’s smart phone called the “Nexues One”.  The term “Nexues six” was used in the book entitled “ Do Androids dream of Eclectic Sheep” by Philip D. Dick.  Dick’s daughter believes that this is an infringement of their intellectual property rights.  They also discuss a case were Fox News used some footage that was recorded of Michael Jackson by Shuffle. Shuffle currently has the rights to this footage and is now suing Fox News for copyright. Infringement.  The podcast gives you a chance to hear the different opinions of entertainment lawyers. I think that it’s very important to hear these cases, especially when you’re interested in working in entertainment 

 http://www.entertainmentlawupdate.com/2010/01/entertainment-law-update-podcast-episode-8-rights-of-publicity-et-al/

Tremayne Eubanks "Manager & Producer"

This pass week, i had the liberty of interview Tremayne Eubanks. He is currently working for a company called "Norman Music Group". Not only is he a manager, he is also a producer at this company . He is also currently managing groups and artist such as "LiL V & DAE DAE".

ME: How long have you been working in this industry, and what made you interested in this field of work?

Tremayne:I have only been doing management for 1 or 2 years now but I have been doing production since I was a teen and the thing that got me hooked on the industry was the fact that it gave me the opportunity to network and be creative.

ME: Have there ever been any major challenges you faced, including with the artist’s you manage?

Tremayne:Definitely have had a number of challenges, one of the biggest is just the willpower to keep perusing your passion even when it seems like things don’t go your way. The major challenge with artist is scheduling and dealing with different personalities.

ME: How did you work through these challenges to get the job done?

Tremayne:Sometimes I have to take myself away from the situation to allow myself time to clear my head and then go back in and get it done.

ME : Are there any other experiences that you would like to share?

Tremayne:Just make sure you don’t allow yourself to get discouraged because there are going to be some tough times ahead, and remember that your degree doesn’t guarantee you ANYTHING in the industry

ME: Since I am interested in working in this industry, what advice would you give me?

Tremayne:Make sure you stay in the loop and updated with all the latest trends as well as knowing the legal side of the industry. Network ever chance you get. And don’t be afraid to speak your mind if there is something that you are not clear about or satisfied with.

ME: What do you think are the important qualities you have to have to be successful in this Field?

Tremayne:You defiantly have to be driven and self motivated and you can’t be afraid to meet and greet.

ME: What would you consider the hardest thing about this field of work?

Tremayne:Getting you foot in the door

ME: What do you think about your experience so far, and could you see yourself doing this for a few more years?

Tremayne:It has been a great ride so far, I am still learning and if things go the right way I can see myself doing this as long as I a physically able to.

I have really enjoyed conducting  this interview with Tremayne. From this i will always be encourage to keep networking to get my foot in the door. When dealing with certain situations, it maybe be best to just walk away and come back to it later. I will continue to follow Tremayne on his journey, as well as staying driven and motivated to work in the entertainment field. 

Websites:

http://www.facebook.com/r.php?profile_id=62300710&next=http%3A%2F%2Fwww.facebook.

http://www.rocbattle.com/forums/member.php?u=77386

http://www.reverbnation.com/lilvdaedae

"ETCH-A-SKETCH" Manager

During this pass week, I was given the opportunity to interview a young man name Rashad J. Smith. He is currently working in the entertainment industry as a first time manager. He is a manager for a company called “ETCH-A-SKETCH COMEDY”.  This company consists of several types of artist, such as comedians, actors and singers. The soul purpose of the company is to give people an experience of a lifetime, while also being able to laugh and enjoy their selves. Through sketch comedy, the crew is able to reach their fans through their real life experiences.

Rashad Smith is a native of Rochester, New York and a recent graduate from Johnson C. Smith University in Charlotte, North Carolina. Smith’s tenure in college consisted of him being heavily active with campus organizations including executive roles in Student Government Association, Residence Life, Student Affairs, Student Activities and serving as the President and Step-Master of his fraternity, Alpha Phi Alpha Fraternity, Inc. In addition to his on campus involvement, Smith served as the Marketing Representative for Black Entertainment Television (internship) where he held responsibilities to uniquely promote BET’s programming and special events. Smith hosted a number of cultural events plus his own college blog spot radio show through his internship at www.swaggertv.com. Smith even tried entertainment in politics as a summer intern for C-SPAN in Washington, DC.

Interview

Me: How did you get started in the industry and how long have you been working in the industry?

Rashad: I have always been interested in Entertainment – since I can remember. It’s been a part of my life forever. When I was younger, my uncle would create talent shows every summer and would choreograph about 8 groups each year. At the end of the summer we would put on an extravaganza for the community either in our backyard or in the McDonalds parking lot. From then, I know I wanted to focus on being a mogul in entertainment. While in college, I made it a priority to involve myself in everything possible in order to work on my leadership skills. I never was afraid to meet people and talk about my vision. I challenged myself and applied to internships that countless persons applied for. I always got the job! Because of my acceptance into difficult problems and internships I knew that the entertainment business was definitely a GO for me!

Me: Since this is a new experience for you, have there been any major challenges you faced, including the artist you manage?

Rashad:  While in undergrad, I learned that when dealing with performers of any genre there would be challenges. As a leader, I understand that not everyone has leadership skills and our not business minded. It’s my responsibility to take charge and assist. The challenges will never go away. The most challenging component is trying to get a bunch of talented individuals who are not so business savvy to be business savvy. For new artist who have not been exposed to different aspects of the business, you have to be firm with them and remind them that the business is as important as the talent. In many cases, the business is more important. The talent can always be replaced but once the business is disordered it can ruin relationships and become tragic.

ME: How do you work through these challenges to get the job done?

Rashad: Well, when you deal with a team, a group of people, of course it’s more complicated when dealing with just one artist. You have to make sure that everyone is on one accord and understand that business is business. For example, if we as a team made a commitment to participate in an event then I hold everyone responsible for keeping their commitments. You would think this is common sense right? Wrong. Again, when people are not as business savvy you have to re-iterate the importance of taking responsibility and how it can negatively affect the entire company if just one person is off. So being firm in dialect is key for me.

Me: Are there any other experiences that you would like to share?

Rashad: Not necessarily experiences. If I did that I’d be giving away all the business of the team. And that’s not cool. You have to be careful about the information you share because it can possibly ruin the image of you and your artist. Then again, we talked about the challenges. Now, if we spoke about what I enjoy the most, then I can speak forever. Some of the things that I do enjoy the most are being able to have a number of individuals put their trust in me and for them to understand that their careers are in my hands and I kind of hold the key to their success. Trust is important and I’m glad I have a team that can trust my managing skills and the decisions I make for them.

Me: Since I am interested in working in the industry, what kind of advice would you give me?

Rashad: Every day I have to encourage myself. I have to remind myself about an excerpt from a poem I learned while pledging that says: “success begins with a fellow’s will it’s all in the state of mind.” We all want to be the next Oprah, Diddy, and Bill Gates. But we have to know that they too struggled and made things happen. Their success came from a dream that they made into a vision. If we keep working towards our vision, without a doubt, it will soon blow up and then we will be the next best thing!

Me: What do you think are the important qualities you have to have to be successful in this field?

Rashad: Personality is everything to me. For me, it’s being excited about life. Excited about your vision. Excited about being excited. It’s about having good self-esteem and feeling good about your work. It’s about being personable. It’s about supporting others. It’s about being that IT factor in someone’s life. When you give off love it’ll come back to you in ways that you wouldn’t imagine. If you posses all of these things, then success awaits you.

Me: What would you consider the hardest thing about this field of work?

Rashad: Again, challenges will always be around. For the most part, there’s nothing too hard for any of us that we can’t handle. Just be persistent and all the puzzle pieces will form themselves. (Corny, but that’s a good way to be)

ME: What do you think about your experiences so far, and could you see yourself doing this for a few years?

Rashad: My experiences so far are cool. This is what I want to do forever. As time goes by, I’m sure my experiences will be more memorable. I’m living it day-by-day and working hard as well. 

I have really enjoyed interviewing Rashad, he has giving me more insight on becoming a manager. If I have learned one thing from this interview, it would be the that there will always be challenges working in this industry. I will continue to follow Rashad through this journey and hopefully I am able to learn more from him. 

Websites:

http://eascomedy.com/

http://www.facebook.com/profile.php?id=1372830031

An Interview with the University Negotiator

• 

Once I graduate from full Sail University, I plan to open my own event planning company. I plan to have an entertainment department, so I now that I will have to do some type of negotiating. At this time I am currently working at Johnson C. Smith University in the student activities department. I do not hold a high position in this department, but we as a whole are responsible for being entertainment to the campus for the students. From working in this department, I am able to learn a lot from my fellow employees.

I was given the opportunity to interview someone at the university who happen to be the liaison for the school and the entertainers.  He may not work in the entertainment industry directly; but I am still able to get some insight on negotiating. The person that I had the change to interview is Charles Amerson. He is the Director of student activities here at Johnson C. Smith University. He is also the person I am currently working under. He is actively working with businesses and entertainers in the entertainment industry in a deal- making capacity, who negotiates as a regular part of doing business.

Me:   As a Johnson C. Smith employee, please describe in detail your position, and the department you currently work in

Charles:  I am the director of student activities here at Johnson C. Smith University, and I book student focused entertainment for the University.

Me: In what ways do you implement negotiation into your work from day to day?

Charles: I deal with entertainment contracts and event operations among non-related departments of the university. As a small University, we depend on the cooperation of outside departments to ensure proper event execution.  Regularly meeting with service providers and open communication with agents and artists is key.

Me: How do you separate the people from the problem when negotiating

Charles:  By understanding that everyone is doing their job and looking out for the individual welfare of their area. There are ways that everyone can get a benefit out of any deal.  Identifying what those benefits are early is crucial to good negotiation.

Me: How have you used leverage and power to move forward in negotiation with an entertainer

Charles:    I do not feel that I have.  My personal ethics calls for even bargaining strategies.  If I am interested in booking the artist I go forth and work towards a win-win situation understanding that this is how the artist makes his/her/their living.

Me: Explain how you may have used objective criteria to get what you wanted out of a deal

Charles: I don’t tend to think of it as objective criteria.  I work within budget and timing constraints that are presented to me.

Me: How do you deal with dirty trick and tricky tactics

Charles:   Most campus entertainment comes under a code of ethics established by the National Association for Campus Activities.  If I come across anything such as a dirty trick I would report it to that body.

Me: When negotiation with entertainers, have you every incorporated mutual benefits. If so, please explain how?

Charles:    NACA Cooperative buying is a win-win for both the University and the artist by the two means below:

 
1.University gets discounts on booking act

2. Artists is ensured multiple concentrated dates in which he/she can perform

Me: How do you deal with negative emotions in negotiation

Charles:    I don’t.  I move on to a similar artist. I believe in keeping emotional ties out of negotiation and sticking with a logic perspective. Emotions makes negotiation more one sided rather than win-win.

Me: If you could give me any advice on negotiating, what would it be and why?

Charles:  you have to understand what your motivations are in negotiation. Whether, it has to do with something that will be taking place at the University/venue, or getting paid.  Keeping it focused on the basics and realizing how to keep everything win-win is often the utmost importance.

This interview was as valuable as the work I see Charles from day to day. I get to see first hand how to negotiate a contract with someone who may work in the entertainment industry. I have learned how to take a small budget and create a large event. I may not want to work directly in the entertainment industry, but I do want to work in the event planning industry. So, what better what to some knowledge and some experience? I have been working in student activities for over a year, and I know how to negotiate artist contracts, book venues, and how to do a successful event. 

  Websites: http://www.jcsu.edu/athletics.htm

Young artist and education

This blog will talk about why the daughter of Will Smith and Jada Smith has no time for school.  In an interview with Willow Smith, she talks about how she is behind in her math because she doesn’t have time to focus on it.  She stated that she is usually on tour or hanging out with her father all of the time.  With all of the money that her parents have, you would think that they would put education first. As you can see, this is mostly her parent fault because they are to busy focusing on their children becoming stars. I have to agree with a lot that was written in is article.  During my elementary day’s, I have seen a lot of my friends parent’s get locked up or find because their kids wouldn’t go to school. However, in this case that wouldn’t happen because these folks are rich and famous.  With anything you do, you need to know how to read, write, and count. With willow Smith trying to pursue a music career, I think that it’s best that she keeps her education going.  Her parent won’t be by her side always, and what if one day their money happens to disappear (all gone). Then they would wish that they had a back up plain that included furthering their education.

Today we come to fine that there are a lot of young people working in the entertainment industry. I believe that it’s mostly in the film and music industry.  Most child stars benefit because of their parents being well known stars. These young people have to grow up fast and they miss out on some of the best things in like. I believe in people fulfilling their dreams, however I also believe in getting an education. A lot of young stars are working constantly and have no time for school. As a parent I don’t think that I would allow my child to be a child star. If I had the opportunity cost of being rich due to my child being a child star or just being middle class, then I would take middle class.  I rather not have my child miss out on life. When I say that, I am referring to going to school with other kids, going to college, going to the promo, playing in the dirty, or maybe even playing sports in school. I would want my child to maybe make that decision after she graduates from college. I want her to be able to say that she has had the all around experience. I that once you become a parent, you show always but education first.

http://www.atoast2wealth.com/2010/12/12/blame-her-parents-willow-smith-admits-she-has-no-time-for-education/

http://www.4tnz.com/content/willow-smith-mamas-girl

Interview with Max Davis: “giving artist their fair share”

This interview basically talks about how people use a great bit of technology. The types of technology they are describing happen to be the use of cell phones. With having a cell phone we also have the luxury of being able to send and receive  SMS (Short message service) and MMS (multimedia messages).  Carriers charge for both types of messaging ($1.99 per megabyte of usage per user for MMS). Critics   argue that cell phone Carriers; have not been giving people who hold rights to these messages their share. They are making a profit based on how large the message is and the number.  So with that being said, Mr. Davis established a company called DataRevenue.org (movement). This company wants to convert copyrighted material in some type of profit for the rights holder, when the material is being sent from one phone to another.


DataRevenue.org (movement) was recently form and consist of rights holders who think that there should be legal rates created for multimedia messaging. “We believe that sending or sharing music, videos or images via mobile2mobile would constitute a comparable “delivery of a phonorecord” or actually the “delivery of copyrighted materials.” (Davis,) This company will provide services to those who are interested in music, but they are not limiting their selves to others. Davis believes that cell phone companies maybe violating copyright laws and that rightsholders should get their share of the profit. This company is open for anyone to join and only cost $49 for the entire year. Also, since it is non-profit members are able to use this on their taxes as a business expense.


My reasons for doing my blog on this interview are due to the fact that it was very interesting. It also related a little to the current event discussion we had for class this pass week. The discussion talks about other s artist can make money and so does this interview. I believe that starting this type of company is a very great ideal. With artist not being able to make a lot of money off people purchasing CD’s, this could be another way for them to make a profit. Why not utilize this company; people are making money off of artist and its time for artist to get their share.

Retrieved Nov.29 from musicindustrynewswire.com. http://musicindustrynewswire.com/2009/05/03/min1632_162840.php