Tips For New Professionals From an Entertainment Lawyer

I had the amazing opportunity to interview an Entertainment Lawyer who has great insight into the industry from her years of experience. Julee L. Milham has been practicing law since 1986 in the field of entertainment, intellectual property and business law. Julee has practiced law in numerous states such as Florida, New York, California, D.C and she is a approved arbitrator for intellectual property matters with the American Arbitration Association. I asked some key questions that any new professional would like to know from a lawyer with years of experience in the entertainment industry.  

Here are important tips and takeaways that any new publicist or marketing specialist should know before diving into the business. 

Tip 1: Don’t use other people’s work

“I see a several common mistakes for marketing people. First, they often like to copy popular things thinking that if they tweak it just a little they won’t be committing trademark or copyright infringement, which is not true.”

Tip 2: Make sure your company name is unique rather than suggestive because it will be a weak trademark!

She stressed this because when you are protecting your trademark you will have a greater level of protection if the trademark is fanciful versus generic. Take Kodak for an example which is considered a fanciful trademark versus Orlando Dry Cleaner is really generic.

Tip 3: Make sure you have a written contract for everything and don’t rely on oral agreements!

“One problem EVERYONE has is their failure to get copyright assignments for work done for them.”

Tip 4: Get a lawyer especially if there are significant rights at risk.

It is always good to have a lawyer, they can guide you when drafting contracts and they can read contracts or agreements that come your way. This can be really beneficial and can save you from getting into a sticky situation.

Tip 5: Set a minimum requirements for performance in all contracts!

This will protect you, if you have a client that does not have a great work ethic and you will be able to end the contract because they are not meeting the requirements that you have set.

Tip 6: Read what you sign and always obtain copies!

Make sure you read and are able to understand the contract fully before you sign! Sometimes, contracts can have a playful way with words and this will change the meaning of the overall contract. It is always best to have someone else look over the contract to make sure there is a clear understanding of the requirements and terms.

 “There’re always free documents on the internet but they’re rarely a good fit.”

Tip 7: Don’t always rely on contracts/documents on the internet.

Even though the internet is always a great source to use, it sometimes provides you with inaccurate information. Which you can not afford to use when dealing with your business. 

Overall, those are my little insight tips that I have learned from my interview! Hopefully, these tips will come in handy to any new professionals in the industry. If you want more information on Julee or have some questions vista her website and she has a great FAQ section. 

-Sara 

Not All Publicity is a Good Thing

Public relations is a great profession for anyone in the entertainment industry especially today. Now more than ever entertainers need a publicist to protect them and properly introduce them and keep them relevant in the media. Today it is easier to enter the entertainment industry than in previous years. Public relations is continuing to rise and is one of the only professions that is increasing with employment.  There are times where an entertainer needs a publicist to protect them especially with false endorsements. More entertainers are endorsing products today, and it seems that anytime you turn on the television or turn the page of a magazine you see an entertainer telling you why you should purchase this product. Sometimes, companies will give a false impression that an entertainer is endorsing their product which at times damages their  public persona. Here are three major false endorsements that has happen in recent years. 

Michael Jordan vs. Dominick’s Finer Foods & Osco Jewel Food Stores

Back in 2009, Sports Illustrated honored Michael Jordan in a commemorative issue titled Jordan: Celebrating A Hall of Fame Career. The issue was distributed nationwide. Inside the magazine, included a full page Jewel Osco and Dominick’s Finer Foods page that were originated to honor him as a legend  and his contribution to the sport of basketball. Both pages seemed innocent but taking a closer look it seemed that Michael Jordan endorsed both places in Chicago. When Michael Jordan found out about  both tributes he was upset because he felt that it was damaging his overall public persona. Michael Jordan proceeded to sue both stores for $10 million dollars in damages citing; false endorsements, consumer fraud, deceptive trade practices and unfair competition. The US District Judge Gary Feinerman found it to be a tribute to the legend and stated both stores were just exercising their right of freedom of speech. 

Kim Kardashian vs. Old Navy (The Gap)

Just recently, over the summer there were commercial ads that ran promoting old navy clothes that featured a woman who looked like an identical Kim Kardashian. The woman who was featured in the commercial is upcoming actress Melissa Molinaro. The commercial was broadcasted on numerous networks and estimated a total reach about 2 million people. Of course, Kim Kardashian caught whim of this and was furious and pursued the clothing company for $20 million dollars in damages. Kim is claiming that the commercials tarnished her image and reputation which is a vital part of her career. Once Kim Kardashian publicly complained about the commercials, Old Navy responded and removed them from the broadcasts. She was not satisfied with just the removal and wants to make sure the clothing giant does not repeat this mistake again. Sadly, the court date is set for April 23,2013 with federal judge Dale S. Fisher. It will be interesting to see what happens in this case and what the judge sees fit. Old Navy is claiming that Kim’s accusations are false because her image and reputation was already tarnished before the commercial even aired. Personally, I hope they have more weapons than just that because they are taking on the the Kardashian family and they are going to need it. 

Curtis James Jackson III vs. Taco Bell (Yum! Brands)

Back in 2008, Taco Bell wanted to spread the word on their “79 cent, 89 cent, and 99 cent” menu but did not want to pay the costs for the publicity and marketing. So they thought that having rapper 50 cent tied in with the company would be a great fit because of his name.They released a letter that was addressed to Jackson to all news outlets around the country, but didn’t send the letter to him first. Inside the letter, they stated that if he would agree to the terms of the contract then they would give him $10,000 dollars to the charity of his choice. This lead consumers to believe that the rapper was a “sell out” and he was a paid endorser of Taco Bell. Curtis Jackson took the food giant to court and sued them in $4 million dollars in damages for using his name and trademark without his authorization to promote their food. Curtis Jackson and his lawyer claimed that Taco Bell not only used his name and image without his permission but enjoyed all the benefits of his mega star publicity without having to pay for the benefits. The case was settled but the terms of the deal were kept confidential but it is defiantly clear to see that Taco Bell were at fault. 

As you can see false endorsements can be very costly to the business and the entertainer. Hopefully more companies will take the necessary and appropriate steps in signing an entertainer as an endorser for their products or services.

-Sara 

How to be a Great Public Relations Manager.

A public relations specialist is a person who creates and manages their clients image and brand through various mass mediums. Their daily tasks are long and changes daily depending on the client. A public relations specialist functions and responsibilities are tailored to their individual clients and with some clients they can be also be in a managerial role. Some PR specialists work independently and others work on a team. A PR manager has the same duties as an independent PR specialist but overseas an entire staff.

It is vital for a PR manager to understand the effective way in managing their staff. Some PR managers have found themselves in managerial roles with no experience in management and they face multiple challenges. Here are some key points that a PR manager should keep in mind to be successful while also having the managerial hat.

1. It is important to understand how to be a leader not a boss.

There is a major difference with being a boss versus being a leader. A boss gives orders to their staff and tells people what to do.  A leader inspires and motivates people to want to do their job. The ability to be a leader rather than a boss is more effective with managing and is better overall for both parties.

2. Learning to trust your staff to take on projects.

It is really important that managers give their staff projects to participate in and work on rather than just giving them simple daily tasks. If a manager gives their staff only tasks, then the staff will start to feel that they don’t have any importance and will not give their all to their job. This will also give their staff a sense of achievement and ownership which will make the employee want to work and feel inspired to give their all.

3. Learning to incorporate the staff in crisis situations.

PR managers also need to learn to incorporate the staff when a problem arises. This could bring different outlooks and solutions to the problem and will give both the manager and the employee a sense of how to handle situations. If the employee handles the situation well with a similar outlook then the manager knows that they can lean on them to assist with any problems in the near future. If the employee does not understand the situation or does not solve the problem the way the manager sees fit then they have to decide if they can be taught how to solve the problem or maybe the job is not the right fit. 

-Sara 

Diva's Night by X-Factor ladies  

Always maintain relationships while negotiating!

In the entertainment industry negotiations can make or break you especially in the field of Public Relations where relationships are everything. Almost everyday a PR rep deals with negotiations whether it is with a client, other PR reps, or the media. Mari Ortiz gave me some insight dealing with negotiations in public relations. She is a well known PR rep who has worked in the industry for about 5 years dealing with musicians and various talents in the entertainment industry.

1. Always be prepared and do your homework!

One major important fact while negotiating is to be prepared and do your homework. She stressed this during our interview which was interesting because one would think that anyone would always do their homework but that is not the case. Sadly, she has seen this happen and experienced this herself. “Nothing is worse than not being prepared for a meeting or a negotiation.”

2. Be knowledgeable

One would think that this is common sense but Mari stressed that this has happened with her personally. She described an instance where she wanted a client being featured in the magazine and she had sent them information prior to the meeting but they failed to look at it. The magazine rep had to excuse themselves at the beginning of the meeting to look over the information which should have been done prior. This unfortunately sets the tone and makes the person feel that their entire business transaction will not be taken seriously.

3. Don’t use dirty tactics while negotiating

Mari stressed this as one of the main points with negotiating. “Even if the other side uses dirty tactics, one of the most important things with Public Relations is keeping relationships.” Keeping relationships is key and vital for a PR rep and is the main reason a PR rep is successful.  

Any PR rep should always remember these three main points while negotiating! 

Good luck 

-Sara 

Finding the Perfect Fit

Finding Public Relations specialists that will perfectly fit your needs can be overwhelming. Important factors to consider are budget, time, ideas, and media connections. Understanding what will be included in your package is extremely important. Anyone can find a public relations specialist, but one needs to know what he or she is looking. When searching it is imperative to thoroughly consider these factors so you are able to obtain a public relations specialist that matches your needs.

Budget is an extremely important factor and crucial element to consider when looking for a public relations specialist. A common response from business professionals is that they cannot afford a public relations specialist. However, there are many agencies and specialists available that the average person is unaware of. Normally the high-end PR firms can charge anywhere from $20,000 per month and $1,000 for a single press release. However, the level of service one will receive is included in the price, but the big question is who will be working on your project?

Usually there are different levels of specialists; Interns/Junior Executives can cost $75 per hour (Very little experience), Account Executives can cost $100-$125 per hour (1-3 years of experience), Senior Account Executives can cost $125-$200 per hour (Multiple years of professional experience).

There are some PR firms that can offer a one-time press release at an affordable price. But what quality of service are you going to get? Press releases will range from $300-$500 dollars but they send it and hope it delivers it is really low cost but really risky with no guarantee. This is affordable but one must ask is it worth it? Is it what you are looking for?

There are many PR specialists that have worked at high-end firms that now own their own boutique agency. These PR specialists are the hidden gems in the industry; they have the media contacts, the experience and usually can work with any budget. They usually charge per hour or for project itself which can range anywhere from $50-$100 per hour. Not only will the budget work but they will have the media contacts and provide amazing customer service throughout the project.

When finding a PR specialist key factors to remember;

Do they understand what you are looking for?

Do they have media connections to make this successful?

What is the time frame designated for this project?

Goodluck!

-Sara 

New Age of Marketing for the Big Game

The Super Bowl is the biggest game of the year! The one game that sports fans wait anxiously for and marketers spend the entire year in preparation. The main reasons why people love the Super Bowl are; the big game, the halftime show, and the infamous commercials during the game. It is a great year for the Super Bowl, the 2007 Rematch New England Patriots and New York Giants and the amazing line up for the halftime show featuring Madonna with special guests Nicki Minaj, M.I.A and LMAFO. Then of course, are the commercials. Which commercial will be talked about come Monday? Personally my favorite Super Bowl commercials have been Budweiser with the frogs and Coca-Cola with the polar bears.

A few years ago marketers for big companies would spend a majority of their time preparing for the big commercial for championship game and not to mention the money that is spent for a 60 second commercial. Today the average for a 30 second commercial during the Super Bowl on the NBC network is $3.5 million dollars with an average of 70 commercials during the game. The competition is fierce with over 111 million viewers glued to their television sets not wanting to miss a second. A few years ago marketers would focus on just the commercial, knowing that everyone would return to work the next day talking about the game.

That was then and this is now, marketers are now promoting the ad itself rather than the product. A few of the top companies participating in promoting the ad for the Super Bowl have been Coca-Cola, Honda, Kia, and Volkswagen. These companies have been promoting their big advertisements for Super Bowl Sunday mainly through various social media sites.

Volkswagen used social media sites such as YouTube and Facebook for their promotion outlet. The teaser ad debuted on January 18^th and has received more than 10 million views on YouTube with over 676,000 shares on Facebook. This has become the new trend and why not when you’re spending a few million dollars for a 60 second commercial. With clutter being the big problem in advertising, social media provides a different platform for marketers to stand out from the competition.

What song are the dogs singing?

 Coca-Cola is heavily promoting the come back of the polar bears. They have created a website dedicated for the come back of the polar bears. The website includes a count down clock and the teasers for the big upcoming commercial. Coca-Cola encourages visitors to RSVP to the main day event and by doing this the visitors assist Coca-Cola with meeting their goal. They have set a goal of reaching so many RSVP’s and once the goal is reached they donate 100,000 to the arctic home project which distributes funds for the polar bears of the arctic. They have already surpassed their goal with four days left before the big day and currently have already donated  $165,667 dollars to the fund. It will be interesting to see if these companies are the ones talked about on Monday. 

"The world is changing, We needed to come to the party with something new and different." - Pio Schunker, Coca Cola's Vice President 

It will be interesting to see if these companies are the ones talked about on Monday. I don’t know about you but I can’t wait for Super Bowl Sunday!

-Sara