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Branding Expert Isha Edwards Shows You How To Build Your Entertainment Brand

April 14, 2014 by stefan

entertainment branding interviewOn today’s blog post we are going to cover one of the most important business subjects in the industry…branded entertainment!

As you may have read in my Ebook that was released last week, developing and protecting your brand is key to achieving success in the entertainment world today.

That’s why I am very excited to have my friend and branding expert Isha Edwards on for a special guest interview. Isha is the owner of EPiC Measures, LLC, a brand consulting agency.

I have listened to your feedback and will periodically do in-depth interviews with people who have had success in the entertainment industry and can share their struggles and successes with us. Hopefully this will give you the valuable information or motivation you need to take your project to the next level!

In her interview with LawyerRock Isha spells out the following and more:

  • The 4 P’s of Marketing and why you need to know them
  • The 7 facets of business and how they tie into your brand marketing
  • The best way for a company/person to start building their brand
  • The hardest part about building a brand.

 

RJ:  Welcome to Lawyersrock.com. Today I’m honored to have Isha Edwards, the owner of EPiC Measures. Isha helps entrepreneurs in entertainment build and maintain their brand and today she is going to give us some valuable insight on branding…

Let’s rock!

INTRO

RJ:  Isha, I gave a quick overview, but tell us more about yourself and your company.

Isha: (0:33) Isha explains what her branding company does and who their main types of clients are.

RJ:  So let’s start off with something I read on your website…the 4 Ps of Marketing and the 7 Facets of Business. Please explain to the audience what those are?

Isha: (1:09) Isha explains what the 4 P’s of marketing; Product, Price, Placement and Promotion. She also talks about the 7 facets of business and why looking at the business as whole when marketing is important.

RJ: Isha, most of my viewers are filmmakers, tv show productions, music companies or service providers in the entertainment industry…but they are all just entrepreneurs… what are three common mistake that you see entrepreneurs make when establishing their brand?

Isha: (3:13) 1)  Copying other people, copying established brands 2)Failing to plan and 3) Not researching their target audience.

RJ: So how does a business build its brand?

Isha:  (4:34) *in terms of building reputations* being repetitive.  Once you create the story, the goal is to create an experience around that story so that people can relate to.  It is also to use your unique talents given, service offering, products offering, and make sure that they are memorable.

RJ: What is the hardest step in building your brand?

Isha: (6:43) Making the sale, making that initial exchange.  There is a lot of competition, especially for stars, actors, dancers, singers.  People have to demonstrate their level of success to be able to be trusted.

RJ: What are some of the benefits of having an established brand?  * How do you get started?

Isha:  (9:00) It was something I did with the mind set of testing out the concepts of business that I taught.  The goal is to test out the 7 Facets of business to see whether or not you want to be an entrepreneur. I did the same. I started out small, with small projects and then started branching out and expanded outside the United States.

Isha: ( 10:15) I started entrepreneurship or in business since 2001 and then EPIC measures became an entity in 2005.

RJ: What inspired you to start your business?

Isha: ( 10:25)  I was challenged by one of my students who said: “Mrs. Isha, since you know so much, why don’t you start your own business” and so my journey began.  Part of the goal, I can say, was to go to the process myself.

RJ:  I like to give viewers real stories from entrepreneurs who have made it. What is an obstacle or challenge that you faced when starting your business and how did you overcome it?

Isha:  (11:29) There will be aspects of your business that you are not going to love, and it’s usually something that is not your strength. It is easier to work for someone else, it takes all the pressure of entrepreneurship.  For example, I am going through this challenge my self related to accounting, I don’t like accounting but I have to learn about it so that I can correct some mistakes that have been made.

Another part of it, is to deal with disappointments.  Getting rejected often, actors and models for example have always somebody telling them “no.” What I have learned to do though, is when people tell me no is to ask “why.” Is there something I could have done better or different.  People who tells you no, actually challenges your strategy, your vision, your mission, your product and/or your service.  That’s the way you improve your product

RJ: What is the best business advice you have ever received?

Isha: (14:03)  legal advice, safeguarding your business from a legal aspect, make sure things are in writing and documented.  I found that it saves a world of trouble.

Second would be that there is a financial plan in place and knowing how to manage your cash flow.  One of things that happened early in my business was trusting my clients only these are people that I knew and were referred to me so there was no a reason to me to think that they were sort of exchange me on any way but they did.

RJ:  Isha, you have given us some great actionable advice. I’ll make sure to post your contact information on this video, but tell everyone how they can find you?

Isha: (16:19) For a brand-driven marketing consultant Check out our website www.epicmeasures.com (link) or following me at @EPiC_Isha. If you are looking for a speaker, a coach etc you can find me at www.ishaedwards.com (link)

Thank you Isha for your valuable information!

Filed Under: Branding

How To Develop and Protect Your Brand

April 6, 2014 by stefan

Protect Your BrandWe’ve all heard about the importance of establishing and promoting your business or personal ‘brand’ to the point where it’s become cliché. In fact, I have written many articles on the topic, for example here and again here.

Let me assure you that this is not just a flavor-of-the-month (or year) buzzword, especially for businesses and entrepreneurs in the Entertainment industry. Developing a well respected brand is key to success, whether you are producing music, film, TV, or providing services that support those fields. That is why protecting your brand is so critical!

In short, your brand consists of everything that you put out in public that helps your desired audience form its perception about your business or yourself . It’s you, your company, your logo, your website, your social media presence, your reputation and so much more! Nowadays, with immediate access to information from the Internet and social media, savvy entrepreneurs are focusing more and more on their brand. This is because recording artists, athletes, actors, and entertainment companies no longer make the bulk of their income from selling music, playing the game, or appearing on TV. The big money is in using their brand to attract advertisers, sponsors, endorsements, and to serve as a basis for developing new products and services, like books, seminars, and video content.

Because of the importance of branding we are going to focus on this topic for the next couple weeks. This week I am offering you a Free Ebook that will cover strategies to protect the brand that you have worked so hard to build. Next week I will post an interview that I did with branding expert Isha Edwards, the owner of EPiC Measures, LLC, a brand driven consultancy that works with business and entertainment entrepreneurs to develop and manage their brands.

Click Here To Get Your Free Ebook

I hope you find this Ebook to be valuable. Once you realize the value of a good brand you will see how important it is to protect it!

Below are a few of things this Ebook covers:

  • What laws exist to protect your brand
  • How Intellectual Property (IP) works and how to use it to your advantage
  • The importance of domain registrations
  • Legal remedies you can use to protect your brand
  • Bonus: Top 5 legal steps to consider when setting up your entertainment business

Click Here To Get Your Free Ebook

 

 

Filed Under: Branding

Bobby Razak Reveals Two Keys To Becoming A Successful Director And How He Measures Success

March 17, 2014 by stefan

Bobby Razak InterviewThere are hundreds of what I call ‘entertainment entrepreneurs’, people working independently in the industry and finding success. I love to spotlight these people so we can all learn how they made a successful career in entertainment and did it on their own terms.

 Today we are going to be talking to Director and Independent filmmaker Bobby Razak.  Bobby is the premiere Action Sports director in the world right now.

(NOTE: You can Find the Full Video interview below in this post)

He moved to LA from London to marry his twin passions of directing film and martial arts. As fate would have it Bobby moved to LA right when the (then) underground sport of Mixed Martial Arts (MMA)was emerging. Now we know this global sports phenomenon because of leagues  like the Ultimate Fighting Championship (UFC), but Bobby began pursuing his passion when many fighters were not even getting paid and the sport was compared to ‘human cockfighting’. It was even banned in most states!

Despite the bleak outlook for MMA, Bobby decided to put all his filmmaking and directing talents towards the fledgling sport. He recorded the early fighters of the sport who are now legends, and found a way to capture the beauty and brutality of the sport. As MMA slowly began to gain acceptance and traction with the mainstream, Razak hooked up with Charles ‘Mask’ Lewis the founder of TapouT. The t-shirt company Charles created struggled for many years just to survive but eventually exploded in popularity as MMA as whole started to blow up.

Bobby, already with a slew of independent films under his belt, began to make commercials and short films with TapouT. Tragically Charles Lewis was killed in a car accident in March of 2009 just as TapouT was peaking in popularity. By this time Bobby Razak had established himself as the go-to guy when it came to MMA films. He has over 17 years of rare footage of fighters and fights from the early days up to today. While Bobby continues to focus on bringing the best MMA films to existence, he has also expanded to filming other action sports. His goal now is to be known as not only the best director in MMA but in all of actions sports.

He has never been busier than now!. He has 2 films that you can currently find on Netflix; Mexican Fighter (featuring current heavyweight champ Cain Velasquez), and The Striking Truth (with former champ George St. Pierre).

He has just finished ‘The History of MMA’,  ‘Mask’ and ‘Fallen Solider’.

 If you are an independent filmmaker, director or any kind of entertainment entrepreneur you will learn alot from this interview. Bobby is going to share with us his struggles, how he got to where he is today, give us some lessons learned, offer some great advice on how to make it on your own terms, and he is going to tell us why knowing the business side is so important to becoming successful in the entertainment Industry.

You can find additional information about Bobby and this interview below the video. So, lets rock!

Interview Highlights

(0:47) Bobby introduces himself and the type of directing work he does.

(1:17) Bobby explains what movie inspired him at a very young age to want to be a director.

( 1:54) Why Bruce Lee films spurred his interest in martial arts as a teenager.

(2:36) Bobby explains why in directing their is no one specific path to success.

(2:52) Why working hard and believing that you have the talent and the right skills is the most important combination for success.

(3:40) If you don’t have skill no amount of hard work is going to make you successful.

(4:20) Why understanding your business and building and keeping the right relationships is the key to success as a filmmaker and director.

(5:01) Striking the balance between artistic integrity and good business (making money).

(5:40) How picking the right up and comers to partner with at the right time can explode your career (in his case Mask from TapouT).

(6:32) He explains how he recently got signed by CAA after a screening of his film MASK.

(7:02) How his very first film ‘Rites of Passage’ first sparked interest from CAA almost 12 years ago but it never worked out back then.

(7:52) Find out how even in his death Charles “Mask” Lewis is still helping Bobby in his career and was pivotal to his signing with CAA.

(8:20) Bobby reveals that he loves stress and when things get extremely challenging is when he performs the best.

(8:34) What do Muhammad Ali, Ronda Rousey, Jordan Burroughs, Gabby Douglas and Steven Spielberg all have in common?

(9:48) How he was able to visualize himself as the best in the world even before he had done anything in his career or had any success.

(10:19) Why a Sports Illustrated article on him during the 20th year anniversary of MMA is what made him feel like he had finally made it.

(11:08) The difference between believing you are the best in your own mind and others actually recognizing you as the best.

(11:32) Bobby tell us some of the personal mantras he tries to live his life by.

(11:47) Bobby explains where he grew up and how his humble roots influences the way he thinks now.

(12:35) Why each person should really examine what makes them tick and how those answers will help them succeed.

(13:36) Bobby explains the importance of legacy and why he wants people to know about him a hundred years from now.

(13:47) Why money is not and should not be the only measure of success.

(13:53) How much money did Martin Luther King, Gandhi and Malcolm X have in their bank accounts when they died? Find out.

(14:33) His idea of success is not the amount of money you made in the world but the amount of impact you made on the world.

(14:52) Bobby gives a direct message to YOU the Lawyers Rock audience about passion, hard work and self limitations.

(16:20) Bobby tells us about his upcoming work including “Mask” about the life and death of TapouT founder Charles ‘Mask’ Lewis.  He just finished his first boxing film ‘Fallen Soldier’ about former champion Gerald McClellan.  He just started filming a movie financed by one of the wealthiest men in the world that he can’t reveal just yet. He makes about 30 commercials a year and will continue that.

(17:05) Bobby tells us his immediate and future goal is to prove why he is the number one action sports director in the world and why he is “a f*ck*ng genius”!

LINKS

Sports Illustrated Story – This is the SI article Bobby talks about in the interview

IMDB Profile – This is his IMDB with a history of his work

Charles ‘Mask’ Lewis – Bio page on TapouT founder Mask.

George Lucas – Link to interview with George Lucas

Vimeo – Link to his Vimeo page that has exclusive trailers and past works

Message from Bobby to Lawyers Rock Audience

Please feel free to ask me any questions and Ill do my best to answer.

The best way to reach out is on Twitter. Please include #lawyersrock so I know where the question is coming from.

Twitter @bobbyrazak  #lawyersrock

Hey this is Richard. I hope you enjoyed this interview and if you are filmmaker or director it helped you.

If there are any other entertainment entrepreneurs you are interested in learning more about please comment below and let me know!

Filed Under: Indie Films

Tips on Giving Great Media Interviews That No One Ever Tells You – With David Mitchell

February 18, 2014 by stefan

media interview tipsDo you ever notice that some people in the public eye give numerous interviews but still seem to always trip over their own tongue, fumble their words and use “um”, “ah” and “like” a lot?

On the other hand you will also see people in the entertainment industry who give clear, concise interviews and always seem to be right on point. It’s almost like the people who excel at interviews have been coached?

Well I’m telling you right now that from my experience most of the people who give great interviews have had some coaching or training in how to do just that!

When your in the Entertainment industry perception is everything! You don’t want to come off as a mumble mouth or people might not take you (or your client) seriously.

That is why in today’s interview I am talking to media coach David Mitchell of DAM Media Group. He is also the producer of Amalgamation Magazine, a industry quarterly magazine.

David helps people prepare for their interviews with the media (television, radio, online, etc.). That can include helping an artist, an actor, or an entertainment executive.

He is going to give us some good tips on how to prepare for interviews, what you should say…and probably more importantly what you should not say.

So lets get right to it. Here is the video of our chat with the full text underneath.

Richard

David, welcome to LawyersRock.com.  Lets jump right in. What does a media coach do?

David

Typically I get hired by publicists from the labels, managers, or attorneys. They usually call me in to assist their artist with interview preparation.

Whatever type of media, whether it is an interview for radio or TV or pre-interview or an online interview, I try to help them define their talking points, to get their message out, and to basically streamline that message within so many seconds or so many minutes; and to discuss their new album, film or some particular project that they are out there promoting at the time.

Richard

It sounds like you should be in high demand.  How you did you get your start?

David

Well, I actually question whether it is a high in demand career.  I don’t get nearly enough customers, and even some of my mentors don’t get nearly the amount of clients that they used to get.

I think at this stage of social media, people are trying to, I guess you can call it, “keeping it real”, they don’t want to get their artist too polished.  They don’t put in their budgets the type of development that they need.

I got into this, and I’ve been working for, Urban Network for 16 years and then I published my own magazine for the last 5 years.  I’ve done well over a thousand interviews, and I can really see the good interviews from the bad interviews. I thought, “hey I think I can come in here and help a few artists and maybe even some executives” and so I made a few calls to my contacts, and people are happy with the results.

Richard

And that is a perfect lead into my next question.  What are some common mistakes you see the artists making in interviews?

David

Wow! Common mistakes, I guess it depends on the artist.  Some artists tend to ramble.  You also get those artists that get those filler words, like “uh uh” and “you know what I’m saying”, and “like and like”, or the over gesture, or they don’t filter themselves during the interview, or they just lose track of their talking points.

Those are big things that we really try to concentrate, and narrow in on, when I am working with the artist.

Richard

What if you are in an interview and you get that “gotcha” question, or you just don’t want to talk about something?  What is a good way to address that?

David

Well one of the things I try to reinforce during my coaching is always be in the moment.  I know that is very Oprahesque, but listen closely to the questions that are being asked to you.

Try not to allow your mind to drift and when you do get those questions that you are asked that maybe you are uncomfortable with or that are not part of, lets say the agenda that was given prior to the interviewer by your publicist, I try to teach artists how to pivot, you know there are those pivot answers that you can give; that can kind of get you out of those uncomfortable questions.

Also remember why you are there in the first place, what is it that you are initially selling, I mean to discuss my album, film project or  next week’s game. Those are the things that we want to focus on, and I think that there are subtle ways in which you can pivot out of those uncomfortable questions or awkward moments. I teach artists how to do that.

Richard

It sounds like preparation is important.  What are some tips you can share with the audience that would help them prepare for an interview?

David

Well, I always tell artists you know, when that interview is being scheduled for you, ask your publicist or your manager, who am I speaking with, what kind of interview, is it a television interview, because that is going to be treated differently that if it were an online interview or a radio interview where you may spend you know 20 minutes on the phone talking to an audience, or you may spend 20 minutes in the actual studio talking to an audience and it becomes theater of the mind.

There are  just so many different facets to good interviewing and I really take this course that can last six to eight hours over 2 or sometimes 3 days depending on the attention span of the artist.

Richard

All great points David, thank you.  Well before you go, tell us a little bit more about yourself, how to get in contact with you, and how did you come up with that name “Amalgamation” for your magazine?

David

Well I chose a pricey word to name the magazine, amalgamation, meaning unification or blending many different elements and you can find me at amalgamationmag.com, it is a wonderful site, we ask people to come and visit us, I put out an actual printed magazine quarterly and this year I am partnering up with the Urban Network Digital to host a music conference, Back To Basics: The Music & Entertainment Summit 2014.

I was part of Urban Network for 16 years and we are bringing back the music entertainment so I am in.  It is going to be May 1st through the 4th at the Four Sheraton in San Diego, California.

Richard

Thank you David for the interview, very good information.

For more information on DAM Media Group and Amalgamation Magazine, follow this link.

What did you think of what David had to say? Do you think that we are headed towards a trend of people in the public eye “keeping it more real” and using media coaches less and less? Do you think the public prefers our celebrities unfiltered or does it open up a PR nightmare?

Look forward to your opinions, just add to the comment section below.

If you found value in this post I hope you will take a moment to share by clicking one of the social media buttons.

Cheers!

Filed Under: Entrepreneurs

How to Come Up With The Perfect Hollywood Pitch – With Stephanie Palmer

February 3, 2014 by stefan

 

Perfect Hollywood Pitch

In this blog post, I’m extremely happy to welcome Stephanie Palmer from GoodinaRoom.com to the Lawyers Rock website!

You have heard me talk about the importance of having a good pitch before but I wanted to bring a real expert on the subject to give you some more insight as to why it is so key to your projects success.

Stephanie is an expert at teaching people how to come up with the perfect Hollywood pitch before their big meeting with studio executives. So what qualifies her to teach this? I’m so glad you asked!

Stephanie is a former executive at MGM pictures and has listened to literally thousands of pitches from aspiring producers and writers. After being on the other side of the table for so many years she knows that often the pitch of an idea or concept is more important then the idea or concept itself to getting something greenlighted!

Stephanie has been involved in many great films like, Titanic, Legally Blonde and Enemy of the State, just to name a few. In 2005, Stephanie founded her consulting business GoodinaRoom to teach creative people how to pitch and sell their ideas. In 2008 she authored the book Good in A Room for that same purpose.

I had the pleasure of being introduced to Stephanie for the first time this January, and since then I’ve read alot of her stuff and quickly became a huge fan. She is one of the most genuine and authentic leaders in the entertainment information space that I know of, and within the first few minutes of this interview you’ll see just how great her information is and how sincere she is in trying to help creative people succeed.

With 2014 pitch season just around the corner, I wanted to bring Stephanie on the show to talk about how to really plan and come up with a great strategy for your pitch. And no surprise, Stephanie gives some of the best answers I’ve ever heard about these topics.

Enjoy the interview!

Richard:

Your expertise is in high demand in the entertainment industry.  What was your inspiration for coming up with your business?

Stephanie

It was a combination of frustration and seeing an opportunity. As an executive, I was confident in doing certain aspects of my job, like finding material and working with writers. But there were other aspects, like handling production problems and political infighting that I didn’t like. Some people thrive in competitive situations and in emergencies, and I suppose I handled myself in those areas well enough, but I wanted to focus on the parts of my job where I felt like I was making more of a difference.

Then, I had this moment where I realized just how far apart the words of creativity and commerce really are – they’re both necessary, but it’s hard to bridge the gap. Writers need to learn how to speak in the language of business potential, and executives need to learn how to nurture emerging creative pros who are, in some sense, grabbing lightning with their bare hands.

Richard:

– You mention five stages of a pitch meeting in your book. Could you you please list them for the audience?

Stephanie

In Stage 1, Rapport, you build rapport and warm up the room.

In Stage 2, Listening, you ask questions and listen to show respect.

In Stage 3, The Pitch, you deliver the prepared component of your pitch.

In Stage 4, Q & A, you deliver the “improvised” component of your pitch.

In Stage 5, The Close, you ask for one thing if necessary and leave on a good note.

Richard:

– What can a presenter do to prepare for a pitch meeting?

Stephanie:

If there was one thing a person should do before a pitch meeting, it would be to pitch on video and watch yourself. You can’t help but notice things that need improvement. As a second tip, after you’ve pitched on video and (it’s painful, I know) watched yourself, take a practice meeting. By that I mean, mimic the conditions of the actual meeting as much as you can.

Richard:

– What is the most common mistake you have seen presenters make in pitch meetings?

Stephanie:

Hyping their own ideas, typically by leading off by saying something like, “I’ve got this great idea….” or “This is a highly commercial concept with Oscar-winning potential….” In other words, they give themselves a compliment before starting the pitch. It’s as if you went to a restaurant, and when the server was putting a plate of food in front of you, he said, “This will be delicious and I’m sure you will enjoy it because it is AMAZING.” And if you’re sitting there, you’d be thinking, “Well, how about if I taste it and decide for myself?”

Richard:

– How long do you think a pitch should be?

Stephanie:

Well, to steal from Mark Twain, as short as it can possibly be, but no shorter. Blake Snyder once said that his favorite pitch was for the movie Blind Date. “She’s the perfect woman – until she has a drink.” A good pitch is like a good joke – it’s truthful, surprising, and there’s a moment where the listener “gets” it.

Richard:

– I’m sure you have seen a number of presenters stumble during their pitches. What have been some effective ways that presenters have recovered after a misstep. For example, if a presenter doesn’t know the answer to an executive’s questions.

Stephanie:

This seems really simple, but at the beginning of the meeting when you’re offered a bottle of water, take it. Then, if you stumble or need a second to collect yourself, take a sip. It’s an acceptable crutch we all use. Another good technique is just to rewind, apologize if necessary, and continue.

But really, it’s not about tactics here so much as the general level of confidence you have. If you know what you’re doing in the room, making a mistake is no big deal. You just roll right over it. But if you don’t know what you’re doing, then making a mistake can feel like the end of the world, and then to a certain extent, it is.

Richard:

– Do you think that visual aids are helpful or a distraction when pitching?

Stephanie:

For a director, or for a reality TV show producer, they can be necessary. A director needs to prove the validity of his or her creative vision, and a visual aid can help do that. For a reality TV producer, it’s required. But for a writer, I’m against it.

In the idea selection stage, pictures of your vision can work against you because they constrain the decision-maker’s imagination.

If you say, “a handsome man steering a boat down a river,” listeners supply the details that work best for them. If you show them a picture of Adrien Brody canoeing down the Amazon… you better hope that they love Adrien Brody and the notion of filming in South America.

I think it’s better to work in words and let the listeners imagine what works best for them.

Richard:

– What does someone do who has created the perfect 30-minute pitch, but, due to circumstances, is only given 3 minutes to pitch?

Stephanie:

That’s a good question because I think a lot of writers feel like they have this problem. The first step is to recognize that no one wants to hear a 30-min pitch. Most decisions are made within the first minute. That’s why a good pitch should kick off with a summary of the core story that’s 1-3 sentences long.

It’s like, if a writer has a feature script that’s 500 pages long, he or she needs to cut it down to 120. How? Well, the usual way. That is to say, by honing the story, focusing on the theme, eliminating non-essential elements – basically killing your darlings. It’s painful, but sometimes, that’s writing.

Richard:

– What have you found to be an effective way that presenters have ended pitch meeting?

Stephanie:

I think presenters just need to stay tuned in and the executive will typically end the meeting, but if a presenter needs to leave, I would just thank the exec for his or her time and be on your way.

Richard:

– and, what do you think is an effective way to follow up a pitch meeting?

Stephanie:

Send a thank you note within 24 hours, then if you haven’t heard anything, email a week after that, and if you still haven’t heard anything, call a week after that. The really important thing, however, is to have another project you’re working on. So while you may be waiting for 2-3 weeks for a phone call, you’re busy developing something new.

I hope you found this great information from Stephanie useful! I have talked in the past on this blog about how important a good, solid pitch is to the success of your project but Stephanie goes really deep into the details of what makes a good pitch.

If you want to find out more about how to pitch please visit her at her site -> goodinaroom.com

If you want to check out her excellent book and learn how to sell yourself to any audience, click on the image below.

good-in-a-room-pitch-book

What did you think of Stephanie’s interview? Is coming up with a great pitch something you have struggled with? Or have you reached that point in the process yet? Would love to hear your take on this.

Take care, Richard.

Filed Under: Reality TV

The Top 5 Legal Tips Entrepreneurs Need To Succeed

January 5, 2014 by stefan

Hello everyone! I’m excited to post my first article of 2014, and launch my newly branded site.

Over the past year I focused primarily on Reality TV, but I wanted to expand to cover more areas of the Entertainment Industry since I also receive many questions about the music business, indie films, branding, and entrepreneurship. If you want to find out more about what we will be blogging about you can go here.

So on to today’s post! Today’s post is for all entrepreneurs because pretty much anyone in Entertainment who doesn’t work in-house at a studio, network, or label is a true entrepreneur.

I have put together the Top 5 Legal Tips Entrepreneurs Need To Succeed so that you can start the year off right.

 

I hope you found this information helpful, please subscribe to my newsletter and leave me a comment to let me know.

If you would like more details please see the following written post below.

All the best, Richard.

The Top 5 Legal Tips Entrepreneurs Need To Succeed

I have worked with hundreds of entrepreneurs over the years and many of the same issues pop up over and over again. The tough part is that if they had known what to look for at the very beginning when starting their company or project they could have avoided many of these issues.

In this blog post and video I am going to give you my top five legal steps that I think every entrepreneur should take while in the start up phase of the business. If you follow these 5 steps you will probably avoid many major pitfalls that I have seen over the years…and likely save a lot on legal and accounting fees.

 

All right, so here is the list. Let do this backwards like a countdown since it is the New Year, Number 5.

 

5.  Always Use Written Contracts (Avoid Oral Contracts)

 You are running a business, so don’t depend on an oral contract to protect your interests.  I know people say, “aww but an oral contract is enforceable”.  Yes, it is, but try to prove an oral contract in court! Trust me when I tell you that it’s very hard.

So, I don’t care if it is an email or pieces of paper, you need to get everything down in writing so you have a “meeting of the minds” documented and can’t be sabotaged by someone’s selective memory.

Think about it from the standpoint of what position you want to be in if there is ever a dispute. If it comes to that, it means you have a disagreement and probably two different sets of facts. If it is just your word against another person’s word, then there is a lot left up to chance. On the other hand, if there is a written contract that states what you two agreed on, it will be much easier for a third party to see where each of you are coming from.

Again, even if it is just an email between parties detailing what you both agreed to, that is better than nothing!

 

4.  Properly Categorize Workers (Independent Contractors Vs. Employees)

 Properly categorize your workers.  I know everybody wants to make everybody an independent contractor so they don’t have to pay taxes, but in reality if you have a contractor acting as an employee…then they are an EMPLOYEE. The law will come down on you hard if you miscategorize a worker, so it just makes sense to do it the right way from the start and avoid any problems.

I have seen a number of companies go out of business because they had miscategorized workers. The workers became disgruntled (with the help of an opportunistic attorney) and they won a Labor Board hearing, which classified the workers as employees and awarded missed meal time and overtime pay. If you have not been paying your workers properly, you will possibly also have to pay penalties, plus you are going to have to pay legal fees to defend against the law suit that you are probably going to lose.

Remember to keep this in mind with regards to interns as well. As Fox Search Light Pictures found out last year in an intern lawsuit that they lost in 2013, you have to be extremely careful about how you are using your interns. It is just not worth it to save a few bucks for the total devastation to your business that could possibly come later.

A very simple but inexpensive way you can help protect yourself from an employee lawsuit is by getting some really well written and comprehensive employee handbooks. If you have employee handbooks it does not necessarily mean an employee cannot bring a complaint against you but it is far less likely.

3.  Register Domain Names For Your Business (Names that Identify Your Business Brand)

 Register a few domain names that contain the name of your brand that you are trying to build.  There is nothing worse than building a brand and finding out that a cyber squatter has bought your name and plans to extort you for a large amount of money before he or she will turn it over.  Be proactive. Register and maintain those domain names early.

Most experts will advise entrepreneurs to not get ahead of themselves and spend to much money early on, but it becomes a cost/benefit analysis. Domain names are relatively inexpensive. You can register most available domain names for as low as $9.99 at places like GoDaddy.com

 

2.  Register Your Trademark

 A trademark is the legal basis of any brand, it basically is the logo or the name associated with the product or service you are offering. Registering your trademark protects you from having no recourse if someone uses a similar mark for the same product or service without your permission. Initially, protecting your brand may not be a big concern, but the point of all your work is to one day be successful and build a brand. When that happens then there will be people coming out of the woodwork trying to associate themselves with your brand.

For example, if you are a recording artist and are selling music, then your name would be in a certain class (likely Class 9 or 41) and you would register your trademark in that class. You don’t want to continuously do all that work to build your brand and have another artist come along and use a name that is similar to yours. You can’t stop people from doing bad things like this, but you can prepare your response if it does happen.

Also, note that there is a way that you can reserve your trademark while you are building your brand. That is a pretty smart way to start because initially you may not have the evidence needed to secure a trademark registration.

 

1.  Create an Entity

Drum roll please….The number one legal step I think you should consider when setting up a new business is to create an entity. That means forming a limited liability company (LLC) or incorporating (forming a corporation) for your business.

The main reason for this is that you want to keep things separate – ALWAYS keep your personal assets separate from your business assets!

Imagine someone sues you for a business matter and they end up winning a judgment against your business and you personally. They would be able to collect from your personal assets, like your bank accounts, home, car, etc. It’s one thing to lose business assets in a lawsuit, but its much more devastating if you lose personal assets. That could affect your personal and family life. You don’t want a judgment holder from a business lawsuit to be able to collect from your personal assets, and vice versa.

There are other valid reasons, like fundraising, worker issues, and tax benefits, but essentially the main reason why you setup an entity is to separate your personal and business lives.

So there you have it! If you would like a convenient PDF of my Top 5 Legal Tips For Entrepreneurs you can download that here.

 

 

Filed Under: Entrepreneurs

Documentary Filmmaker/Production Agreements

December 1, 2012 by stefan

ProdCounselPhoto

Our Filmmaker/Production Agreements, which includes the Documentary Filmmaker Package and the Reality TV, Digital Project, and Online Content Creator Package, will give you a great start at protecting your production. I have drafted the agreements in the packages based on my experience in the film and TV industry.

It is essential to know all of the potential areas that your project may encounter. One or more of the following can apply to any audiovisual production: structuring financing, executing script options or making acquisition deals, protecting intellectual property, reviewing screenplays for potential legal issues, clearing rights, drafting agreements for talent, crew, location, equipment, props, or other miscellaneous matters, reviewing rough cuts to identify potential legal issues, drafting opinion letters for errors and omissions insurance, negotiating distribution agreements, and monitoring contractual obligations.

I have served (IMDB) as legal counsel on projects for close to 20 years. Much of my experience has been servicing as Production Counsel to documentary filmmakers, reality TV producers, digital projects, and online content creators. I have also taught legal affairs to aspiring producers at New York Film Academy.

If you are looking for more information on the industry, check out some of our most popular film/tv-related posts. If a topic sounds interesting, take a look:

How To Register Your Script With The WGA

The Definitive Guide Independent Film Financing 

Your Guide To The Fair Use Doctrine

Jason Brubaker From Filmmaking Stuff Teaches You How To Make, Market And Sell Your Film

How to Come Up With The Perfect Hollywood Pitch – With Stephanie Palmer

TESTIMONIALS

What can I say about Richard other than he is an awesome guy and truly a pleasure to work with. I’ve known Richard for a few years and he is my “GUY TO TURN TO” for all things entertainment law. I’ve worked with him on reality tv show deals and other entertainment projects. He is one of the most honest and reliable lawyers I have ever had a chance to work with”

JasmineDiaz

– Jasmine Diaz – Celebrity Matchmaker/Show Broker

Filed Under: Featured

ENTREPRENEURS

December 1, 2012 by stefan

ENTREPRENEURS ROCK!

 

bigidea

 

 

 

 

 

 

 

 

 

We inform entrepreneurs about business need-to-know topics, such as forming an entity, copyright/trademark registration, securing domain names, fundraising, and handling contracts. Since this site focuses on entrepreneurs that operate in innovative industries, we put more of an emphasis on complex intellectual property issues, creative dealmaking, and addressing the ongoing effort of maintaining a vibrant digital presence.

The content on this site will discuss those unique issues – what I have seen work and how to avoid common pitfalls.

If you are looking to follow industry trends more frequently follow me on Twitter, YouTube, Linkedin and/or Facebook.

 

TESTIMONIALS

“I have worked in the entertainment industry for years and there is so much misinformation out there. Its nice to know I can count on Richard to give me the truth on what I need to know.”

MonicaBusby

– Monica Busby – eCommerce Entrepreneur (CEO/Founder of eCommerce Kids, LLC)

Filed Under: Featured

BRAND/SOCIAL MEDIA AGREEMENTS

December 1, 2012 by stefan

Your brand is the most important asset of your business, so it is critical that you memorialize your relationship with social media influencers in an agreement.

We have sold hundreds of agreement packages since our launch in 2015 and received rave reviews from purchasers. Our newly revised Brand/Social Media Agreement Package will help you properly engage social media influencers for campaigns, promote and place your products, create original content from your live streaming events, and protect your brand.

If you are interested in additional information on brand protection, check out some of our popular brand-related posts:

How To Protect Your Online Brand with UDRP Proceedings

Branding Expert Isha Edwards Shows You How To Build Your Entertainment Brand

Protecting Your Trademark In a TTAB Proceeding

How To Trademark Your Entertainment Name

 

TESTIMONIALS

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“There is nothing more important in business than having legal counsel that you can TRUST!

I’ve known Attorney Richard Jefferson since 2008 through mutual exchanges in the music industry. As a result of those exchanges, I retained his counsel for brand protection and trademark services. With each request, Attorney Jefferson demonstrated tact and provided accurate counsel to ensure success.

Attorney Jefferson is attentive and detailed in his approach. His insightful counsel is centered on saving clients time and money (long-term), which are two things entrepreneurs, managers, and leaders welcome and appreciate.”

Isha Edwards – Brand Marketing Consultant/Business Instructor, EPiC Measures, LLC

Filed Under: Featured

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