Entertainment Law Podcasts

            Podcasts are a great way to keep abreast of current topics and news and learn about the subjects you are interested in.  I regularly listen to podcasts via Apple’s iTunes, where many shows may be found for free.  Today I will talk about two Entertainment Law podcasts that I like.

           

            Joe Escalante is a entertaining Entertainment Law reviewer.  His blog, Barely Legal is one of the more exciting and accessible regular Entertainment Law blogs.  I listened to the February 7, 2014 episode, which featured issues such as being able to sue the Red Hot Chili Peppers for going acoustic, whether Justin Beiber can be deported, a J.K. Rowlings defamation case, whether artwork made from a copyrighted trademark could be resold, and what type of entity your band should be.

            One of the things I learned is that in order for defamation to occur by a celebrity, actual malice must be shown as celebrities are talked about in many ways all the time.  Interestingly, this is not the case in the United Kingdom, and thus many defamation cases are filed in the UK rather than the Unites States.  However, the recent J. K. Rowlings defamation case led the courts to decide defamation law much more closely to what the United States courts have decided.

Another blog that I find interesting is Gordon Firemark and Tamara Bennett’s Entertainment Law Podcast.  I listened to episode 43: “No Copyright, Sherlock?” and episode 39: “Fair Use, etc.”

In episode 43, they discuss Faulkner Literary Rights Group’s copyright lawsuit against Sony Pictures Classic over the use of a Faulkner quote from “A Requiem for a Nun” in a Woody Allen film.  However, the lines are not identical and the line is only nine words.  The fair use test shows that it was deminimous, meaning that it is not detrimental to the work and is not damaging the marketplace for the original work.  Perhaps in opposition, it may have inspired people to actually read Faulkner.

In episode 39 one of the topics discussed is Paparrazzi.  Justin Bieber recently experienced having one of his crew hit by a car during Paparrazzi trying to take photographs of Bieber, and Bieber is now calling for stronger legislation regarding the topic.  California’s strong 2010 Paparrazzi law was struck down recently in the case of California vs. Rafe, which is now in appeal.  One of the issues is that it could include wedding photographers going into the street to get a better shot, etc.; thus the law may be too vague.  Hawaii’s new laws extend photography restrictions for privacy beyond celebrity into anyone having familial privacy and personal time.

I recommend these podcasts highly, and encourage you to check out podcasts on these topics and other topics that intrigue you.

Work Cited:

Barely Legal Entertainment Law Podcast 2-7-14

http://barelylegalradio.podbean.com/feed/

Entertainment Law Podcast Episode 43: No Copyright, Sherlock?

http://feeds2.feedburner.com/entertainmentlawupdate

Entertainment Law Podcast Episode 39: Fair Use, etc.

http://feeds2.feedburner.com/entertainmentlawupdate

Private music teacher accepting new students: winds, brass, voice

(Also posted at http://cleveland.craigslist.org/lss/4327744538.html )

I am a professional private music teacher with over two decades of experience. I give lessons on flute, clarinet, saxophone, oboe, bassoon, trumpet, french horn, trombone, tuba, ensemble conducting and classical and popular voice to students from ages 3 to 90. My studio is at Marrell Music Instrument Repair in Lakewood, Ohio. This means that sheet music, accessories, instruments and expert repair technicians are all accessible when you come to your lessons. Current rates are $18/half hour or $35/hour. Daytime, evening, and weekend lesson times are all available. Give me a call and let's set up a couple lessons to get you started.

My bio:

Brandyn Metzko, composer-conductor-teacher-musician, obtained his Bachelor's degree in music at Cleveland State University in 2006, where he studied flute with Sean Gabriel, voice with William Dempsey, and conducting with Betsy Burleigh. He is about to graduate with a Master of Science Degree in Entertainment Business at Full Sail University, and is now working on his Juris Doctorate with focus on Arts Industry copyright and contract law at Concord Law School.

Brandyn has had a thriving private teaching studio in Northeast Ohio, Central Florida, New York City, San Francisco and Los Angeles, preparing students for milestones ranging from Conservatory and Opera auditions to American Idol performances. His students study a variety of genres including Classical Music, Opera, Jazz, Baroque/Early Music and Popular/Broadway.

Brandyn helped to found the QUO Orchestra New York City in 2009, the Bay Area Rainbow Symphony in San Francisco in 2007 and the Blazing River Freedom Band in Cleveland in 2003, and has served on the board of the L/G Band Association as Membership Services Chair. Brandyn was Artistic Director of the Blazing River Freedom Band from 2003 until 2007, co-artistic director of the Queer Urban Orchestra in 2009-2010, and served as the Assistant Music Director with the Central Florida Sounds of Freedom Band.

Brandyn has also arranged countless works for concert band and chamber ensembles and has composed a number of original works. Brandyn's performance credits include solo and chamber works; studio recording; sacred, operatic, Broadway and popular vocal music; wind band, orchestral and flute choir ensemble work; and concert and marching band direction and performance. He resumed his post as Artistic Director of the Blazing River Freedom Band's concert band program in Winter 2012 and now records and composes from his home studio when he is not teaching or performing.

Read my blog at http://musicbrandyn.blogspot.com or visit me on Facebook at http://facebook.com/musicbrandyn

Copyright Infringement Cases in Recent News

Copyright infringement is a hot issue in the music industry today.  There are countless cases in which similarities between musical compositions can result in lawsuits.  I’m going to take a look at three recent issues as examples.

Robin Thick’s Blurred Lines is similar to Gaye’s “Got to Give it Up” and “Sexy Ways.”  However, the music is not sampled or copied exactly.  The case here is whether or not music inspired by other music is actually copyright infringement.  To date copyright law has been used to protect the expression of ideas but not necessarily the ideas themselves.  This case has the potential to change that.  (Forbes, 2013.)

In 2012, Alicia Keys faced a lawsuit because her song “Girl on Fire” included some couplets that were reminiscent of Eddie Holman’s classic, “Hey There, Lonely Girl.”  However, for it to be considered copying by sequence of notes, the sequence must be six or more notes in succession.  (Mann, 2012.) 

In 2009, Coldplay was accused by Santriani that their song “Viva La Vida” contained portions of Santriani’s instrumental work, “If I Could Fly.”  Coldplay argued that they did not know Santriani’s song and any similarities were coincidental.  Ultimately they settled out of court, perhaps indicating that there was replication between the two songs even if not resulting from intentional copying.

Forbes, Inc.   The Blurred Lines of Copyright Law.  August 20, 2013.  Accessed at http://www.forbes.com/sites/oliverherzfeld/2013/08/20/the-blurred-lines-of-copyright-law-robin-thicke-v-marvin-gayes-estate/ on Thursday, February 6, 2014.

Kafman, Gil.  Coldplay, Joe Satriani Settle Copyright Infringement Case.  MTV News.  September 16, 2009. Accessed at http://www.mtv.com/news/articles/1621614/coldplay-settle-with-joe-satriani.jhtml on Thursday, February 6, 2014.

Mann, Camille.  Alicia Keys Accused of Copyright Infringement for “Girl on Fire”.  CBS News.  December 19, 2012.  Accessed at http://www.cbsnews.com/news/alicia-keys-accused-of-copyright-infringement-for-girl-on-fire/ on Thursday, February 6, 2014.

New Work: Chaos Overcome

Check out my latest work available from my publisher!http://www.sheetmusicplus.com/title/chaos-overcome-digital-sheet-music/19934337 

Chaos Overcome by Brandyn Metzko. For Piano, Flute, Horn, Cello, Drums. 20th Century. Advanced. Set of Parts, Score. Published by Brandyn Metzko (S0.11545).

Chaos Overcome, commissioned by Michael Wiltse in Reno, Nevada is a piece about overcoming addiction and the joy of life.

Fixing a "fuzzy" woodwind/brass tone in beginners

In teaching beginning woodwind and brass students, I often come across the same basic problems in students’ playing. A lack of a good tone is common and here I give some solutions for remedying it.

The student should be sure they are using a correct embouchure. In brass students, this is often incorrect placement.  With the mouthpiece alone, have the student first make an “ah” shape with their throat.  Then, close the lips as if to say “mmm”.  Finally the student should allow air to puff through the lips making a “puh” sound.  This is the basic brass embouchure and articulation.

Often a fuzzy sound is a result of not enough air.  Using long tones can help this issue in the long run.  I often ask the student to play twice as loud to see if that makes a difference.  This makes the student naturally use more air and will help diagnose the problem.

On clarinet and saxophone students, one should be sure the reed is the proper strength.  If little air is passing, the reed may be too hard.  If the tone is flat sounding, the reed may be too soft.  A 2 ½ reed strength is a good hardness to start with, though they should move up to a 3 as soon as their embouchure strength allows it.  One must also check that the reed is in good condition with no nicks or cracks, and that the reed is placed properly on the mouthpiece.  Even a small deviation in reed placement can affect sound negatively.  Ensure that enough but not too much of the mouthpiece is in the student’s mouth.  Saxophone players should have about half of the mouthpiece in their mouth.  Clarinet players should have less.

For flute students, check that the embouchure is centered and air is passing across the lip hole properly.  The student may want to “roll out” the head joint slightly— beginners tend to focus the air down into the head joint to ensure a sound coming out but this technique creates a hollow fuzzy tone. Rolling the head joint out allows for a more full tone as the air passes above the lip plate to cause greater resonance.

I hope you find these tips helpful, and if you have questions regarding this or other playing problems, don’t hesitate to contact me at webguybrandyn@gmail.com 

Programming Concert Repertory

Programming repertory for a community instrumental ensemble can be a challenge for new directors.  Here are some things you may want to think about as you begin to program your first concert sets.

Overall level: Many works are graded, meaning they have a number assigned to them based on their difficulty.  In the United States, a 1-5 scale is used, where 1 is absolute beginner bands/orchestras and 5 is collegiate wind ensembles/orchestras.  Understanding where your band/orchestra fits in is important.  If you program too many difficult pieces, your players may become frustrated and you may not have enough rehearsal time to cover all of the issues in the pieces.  if you program material that is too easy, your musicians may not grow significantly by rehearsing the pieces and may become bored.

Instrumentation: Did you program a beautiful piece at the right level only to discover later it requires six horn players to pull off or has a beautiful exposed English Horn solo and you have no English Horn player?  What percussion is required— do you own all of the instruments required to cover the percussion parts?  Do you have enough players?  These are important considerations.  Sometimes you can make alterations or adjustments to make a piece work or some of the parts will be doubles of others, but a quick browse through the score will help you to decide which are vital.

Contrast and Content: Having a theme can really tie the pieces together.  I’ve seen some very creative themes, such as “Gods and Monsters”, “Fire”, “Fairytale Endings”, etc.  However, ensure that your theme allows for enough contrast.  I once went to a concert of nothing but Sousa marches.  I love Sousa, but the marches all have the same form and structure, and stay in the same few keys.  The result was an hour and a half of monotony that bored the audience.  Also, be sure the music is accessible.  If your audience is a normal “popular” community band audience, don’t program an hour of twentieth-century avant-guard works.  

There is much more that can be said about repertory planning, but this gives you a few good basic guidelines.  Best of luck in writing your first concert programs!

Negotiation Interview

I had the pleasure of interviewing Jeff Sprague, who is a Trust Administrator at FirstMerit Bank. Negotiations are a regular part of his position.

Me:      When entering into negotiations, how do you prepare?  How do you make sure your research is done?

Jeff:    Do your research. Find out as much as you can about the other side. Start asking questions before not during the negotiations. When one feels well versed and confident then the research is complete.  It is always good to bounce things off of a partner to see if there is anything you are missing.

Me:      How do you avert the negotiations when the other party begins to try something shady?  How do you identify when this is happening, and how do you approach it with the other party?

Jeff:       One needs to determine when one will walk away. Always have an alternative plan. If it feels wrong it generally is. Don’t be afraid to walk suggest that you both think about the shady deal to confirm that it is shady.

Me:      What has been your most difficult negotiating experience to date? 

Jeff:    The most difficult tends to be one where the negotiating party was listening to another party trying to get the business of the negotiating party. Why? Overcoming that obstacle was a challenge in this case in particular due to the fact that they were in a different part of the country where pricing was different.

Me:      Do you have advice for people who may be new to negotiating?

Jeff:

1.     One of the most important things to remember is stop and listen.

2.     Do your homework

3.     Aim high and expect the best outcome.

4.     When you expect to do well it become self-fulfilling

Print Music on Sale!

Sheet Music makes a great gift!  And Buying Local is a great way to support your community during the holidays.  Did you know that you can buy any of my compositions in print at http://www.sheetmusicplus.com/search?Ntt=Brandyn+Metzko ?

Some Love for Brass Players?

Wind and string players always have lots of "stuff" they want, but a brass player has only one wish:  to not frack.  Support a brass player's dreams and hopes today with a french kiss-- it improves flexibility and helps develop embouchure strength.  Plus, they need love.

What makes a great holiday gift? MUSIC!

What makes a great holiday gift?  MUSIC!  Consider commissioning composer Brandyn Metzko to write a musical selection for a loved one this holiday.  There’s no more personalized gift than music written just for him/her, and it’s a gift that is memorable for a lifetime.

Email me today for a quote.  Include some ideas about what you’d like, what instruments/voice you’d like me to write for, length, style, etc.

I write in a variety of genres.  For samples, see my SoundCloud profile at https://soundcloud.com/brandynn-equality or my professional facebook page at https://www.facebook.com/musicbrandyn

Brandyn Metzko, conductor/flute/clarinet/saxophone/vocalist, obtained his B.A in music at Cleveland State University in 2006, where he studied flute with Sean Gabriel, voice with William Dempsey, and conducting with Betsy Burleigh. He is working on his Master's Degree in Entertainment Business at Full Sail University, to be complete in mid-2014.

Brandyn has had a thriving private teaching studio in Cleveland, Central Florida, New York City, San Francisco and Los Angeles, preparing students for milestones ranging from Conservatory and Opera auditions to American Idol performances. he teaches voice, flute, piano, clarinet, saxophone, trumpet, French horn, trombone, violin, viola, conducting, music theory, composition and music history. His students study a variety of genres including Classical Music, Opera, Jazz, Baroque/Early Music and Popular/Broadway.

Brandyn helped to found the QUO Orchestra New York City in 2009, the Bay Area Rainbow Symphony in San Francisco in 2007 and the Blazing River Freedom Band in Cleveland in 2003, and has served on the board of the L/G Band Association as Membership Services Chair. Brandyn was artistic director of the Blazing River Freedom Band from 2003 until 2007, co-artistic director of the Queer Urban Orchestra in 2009-2010, and served as the Assistant Music Director with the Central Florida Sounds of Freedom Band. Brandyn has also arranged countless works for concert band and chamber ensembles and has composed a number of original works.  He resumed his post as Artistic Director of the Blazing River Freedom Band this winter, and now teaches winds and brass at Merill Music in Lakewood, Ohio.

Brandyn's performance credits include solo and chamber works; studio recording; sacred, operatic, Broadway and popular vocal music; wind band, orchestral and flute choir ensemble work; and concert and marching band direction and performance. He was an active member of the Space Coast Flute Symphony and currently  performs and teaches as a freelance musician throughout Northeast Ohio and composes from his hom emusic studio in Lakewood, Ohio.

Email me today or call (216) 387-0587 for a personalized quote on your original musical composition.

Interview with Robert Ziemba of Ziemba Talent Agency: Negotiation and Deal-Making in the Entertainment Industry

I recently had the pleasure of speaking with Robert Ziemba, president of Ziemba Talent Agency regarding negotiations in the entertainment industry.  Rob had some great things to say and some valuable information that I figured I would share publicly.

Me:      When entering into negotiations, how do you prepare?  How do you make sure your research is done?

Rob:    You must know the minimum pay rates, maximum hours working daily, etc.  Checking with the unions as well as finding comparable deals in the industry will help you to prepare for negotiations.

Me:      How do you avert the negotiations when the other party begins to try something shady?  How do you identify when this is happening, and how do you approach it with the other party?

Rob:    I think it is best to approach them directly about such dealings.  You should always be respectful, but inform them firmly that it is not appropriate. Use the opportunity to educate them about the minimums and legal requirements by law.  Then, I try to reframe the conversation in a more productive way. 

Me:      What has been your most difficult negotiating experience to date?  Why?

Rob:    That would be the International Tour of West Side Story—There were no union protections, so was difficult meeting their demands (14 shows a week with no understudy.)  Ultimately I was able to argue health and safety issues and educate them about the United States’ union rules which we used as a baseline and agreed that my client would not perform in more then 10 shows per week unless they were given a $10000 per show fee for extras.

Me:      Do you have advice for people going into the entertainment industry who may be new to negotiating?

Rob:    Law School would be very helpful.  Get all the legal knowledge you can early on and educate yourself about the legal aspects of the business.