Manager vs. Agent

Entertainment managers versus agents; there’s a big difference.  In a nutshell, legal licensing separates the two services.  Talent agents specifically seek out gigs and employment for their clients.  Simple as that.  Agents job hunt.  You could consider them the Indeed.com of the unemployment world.

An entertainment manager’s mission is a lot more inclusive.  Managers keep the client happy and the client’s career on the straight and narrow.  Entertainment managers work very closely with agents to plan tours and appearances.  Take a national tour, for example.  The talent agent hunts out appearance opportunities and gigs that span from coast to coast.  For this same national tour, an entertainment manager will make certain that the tour is executed with ease and efficiency. 

It is not unusual for an entertainment manager to package a client.   In his post, Manager vs. Agent, Kamak Moo, Esq. explains the art of packaging to mean dual representation for projects.  MAD Management Group is a Christian entertainment management firm.  We manage events and the careers of Christian athletes and entertainers.  MAD Management Group represents one of the most sought after runway models to grace the stages of New York City.  Her name is Tanira “Catwalk Diva” Lindsay.  One of our products is the WIP the Runway Christian Fashion Show Experience.  The Catwalk Diva walks in every single one of WIP the Runway shows.  In this case, MAD Management Group packages this talent; (1) as management representation of the talent, and (2) matching the talent with the gig.

Entertainment managers approach their clients’ careers as if they are their own.  Over and above their professional roles and duties, managers serve as advisers, friends, and wildly trusted confidants.  The truth is that anyone can get an agent.  Agents come a dome a dozen.  Agents spend less time with their clients and more time with the agency.  There isn’t much time or attention invested in the client.  Managers—without question—invest more time into their clients.  Because of this vested interest, a manager’s roster is almost always smaller than an agents or agency’s roster.

In order to excel in either of these roles, you’ve got to have a love for the entertainment industry first.  The skills, knowledge, and strategic approach to entertainment management can be taught.   Understanding the entertainment industry and honing the passion for the love of brand management is an essential characteristic of a talent agent or entertainment manager.

Important Legal Stuff

A business plan is a business owner’s privileged and confidential original work.  Reverencing the intimacy of a business plan, I’d like to share some specific legal knowledge and how it generally applies to a business plan. 

In his podcast, An Overview of Intellectual Property Law, (2010) Stanley Sokoloff of Blakely, Sokoloff, Taylor, and Zafman, explains the importance of trademarks, copyrights, and patents.  He explains that trademarks are usually slogans, commercial origins and identifications.  These are words, symbols or slogans.  Sokoloff explains that copyrights are tools of artistic expression (books, painting, music, software, etc.).  Lastly, he explains the use of patents; both functional and design.  Both keep others from selling an original invention.  Sokoloff gives a fantastic example of the three intellectual properties side-by-side.  His example was explained through a television.  The TV’s trademark protection would apply to the TV’s brand.  The TV’s copyright would be associated with the shows or content of the shows that are aired on the TV.  The design patents would protect the physical invention and make-up of the TV.  Each intellectual property registration is essential to the make-up of a business plan as they individually protect the inventions, creativity, and distribution of the final product.    

Fair use.  The simplest term for permission being granted by the original creator to a user of the original work.  Simple, yes.  But often forgotten.  In Episode 32 of the Entertainment Law Update Podcast by Gordon Firemark (2012), Firemark discusses FunnyJunk vs. The Oatmeal.  Matthew Inman, creator of The Oatmeal (a website full of comics), filed suit against FunnyJunk (A public website where users upload funny madness) for infringement.  Inman says FunnyJunk didn’t have permission to use The Oatmeal’s comics.  Inman was right.  This case raised questions about fair use and was unique in showing how a heap of drawn-out-drama can be avoided simply by seeking permission to use copy-written work.    To protect intellectual property or gain any future restitution on potential infringement, it is recommended that original works be registered at the United States Copyright Office as part of a business plan.

A business plan absolutely must contain some degree of protection of original works and business creatives in a business plan.  There are different types of legal protection, though.  In Deciding Between Patent and Trade Secrets Protection (2009), Professor Andres Beckerman-Rodau explains that there are only certain subject matters that are eligible for patent protection.  Examples of these eligibilities are things like (1) a process or way of doing something, (2) machines, (3) a manufacture or modification of something (through human intervention), or (4) a composition of matter.  When building a business plan, it is important to identify which subject matter category your patent work falls under.  Early identification will make building a business model and writing a business plan clear and more concise. 

Christian Controversies

Christian entertainment.  The Law.  Two completely opposite ends of the spectrum.  Unfortunately, the two ends meet at times.  In order to know how to manage them, it is first important to understand what the Bible says about Believers suing other Believers.  There is a fine line between frivolous charges that prove principle, and legitimate efforts that defend intellectual property.  1 Corinthians 6 (New International Reader’s Version) tells us not to take Believers to court.  In a nutshell, the Apostle Paul uses this passage to warn Christians about potential defamation that can happen to the church through legal rodeos.  But what about instances in which Christians are not initiating the legal smack down? 

Here are three controversies that have impacted the Christian entertainment industry:

Controversy #1:  The Talk of the Bourbon Night

Bars.  Strip clubs.  Liquor.  Cultural history.  This is a summary of New Orleans’ Bourbon Street.  It is the pulse of the city’s neighborhood, culture, and economic existence.  I’ve head these famous Mardi Gras blocks label the streets of the rebels.  Pretty soon, it may be illegal for evening evangelical escapades to happen in these streets ever again.  (Murashko, 2012)  The Christian Post (2012) recently reported the city of New Orleans has outlawed preaching at night on Bourbon Street.  (Murashko, 2012) 

Our duty as Believers is to spread the Gospel of Jesus Christ throughout all nations.  As citizens of this fine nation, the First Amendment of the United States Constitution (freedom of speech) aids us with this duty.  Even with this right, we are still obligated to serve with respect and order.  God is a gentleman and He never forces himself on anyone.  As we are created in His image, so should our actions also be.  Freedom of speech should be given.  (And in this case it should absolutely be honored.)  But the respect of the non-Believers must be earned.

Controversy #2:  Movies and Mayhem

Egypt claims seven United States Christians has insulted the prophet Muhammad in a movie that allegedly slams Islam.  (Menzie, 2012).  The Christian Post reports that ruthless protests have broken out in the Middle East and North African nations as a result of a Christian minister and a few Egyptian Christians blaspheming an idol and its nation’s religious beliefs.  (Menzie, 2012).

Contrary to popular belief, contemptuous commentary of any religion is not entertainment.  In fact, it’s shameful.  The unorthodox approach to educate and reveal the minister’s and Egyptian Christians’ version of the Middle Eastern truth was morally antagonizing and opposite Christianity.

Controversy #3:  Christian Concerts and the Radio

LMG Concerts, a Christian concert promoter filed a lawsuit against Salem Communications (responsible for much of Portland’s radio airwaves) for being greedy with the airwaves.  LMG accuses Salem Communications of “monopolizing” the airwaves and cutting LMG off from opportunities to have fare dibs at promoting concerts and Christian entertainment events.  (Althoff, 2012)

Anything that interferes with one working hard to earn their bread and butter is much more than a down right shame.  It’s a violation of one’s human rights.  Article 23 of The Universal Declaration of Human Rights argues that everyone has the right to earn money that is worthy of human dignity.  (United Nations, 2012) 

As Christian entertainment managers, our obligation extends past our commitments to our clients.  Our obligation rests, ultimately, with God.  Understanding and becoming good stewards of the laws that govern the territories we do business in is the first step to managing Christian entertainment justly.   

Co-Branding: The Big Picture

Co-Branding: The Big Picture

Christian Entertainment Branding 101

What is your brand?  Who tells you what your brand is?  Who manages your brand?  If you (as the artist, band, or entertainer) call yourself the “best ________ in the game”, will your followers grab ahold of that tag as your brand?  If only it were that easy…

Christian Entertainment Branding 101: you do not determine your brand.  Your followers determine your brand for you.  In his blog Personal Development for Smart People, Steve Pavlina explains the branding process as, “out of one’s control.”  Think about it.  You’re a Christian.  You perform “clean entertainment” with just enough edge to appeal to the secular industry.  Your goal is to set a trend that corrals Generation X into jumping aboard the movement of clean entertainment in hopes that you (as the Christian entertainer) will lead them to Christ.  You want the support of the Christian entertainment industry.  But what’s the problem?  You are capturing the attention of the secular industry.  Your “Christian act” has now branded you as a secular entertainer.  This artistic approach is not entirely wrong, though.  But if you’re attempting to have total support of Christian followers and the Christian entertainment sector, you’ll have to revisit what your main mission is and strategically set a plan on how to accomplish the mission.  Are you clearly spreading the message of Christ?

Phil Cooke wrote a blog entry called, The 10 Biggest Mistakes Made by Christians in Entertainment.  Wowsers, right?  I mean—get straight to the point, why don’t ya!  The entry is spot-on though.  Cooke doesn’t deny the Believer’s impact on the entertainment industry.    In fact, he completely supports my industry prospective that Christians have the duty of putting our personal thumbprints on the industry.  There should be no question that we are Believers with a deliberate attempt to shake the industry up.  Cooke’s concern, however, is the unprepared Christian that wants to make their mark on the industry.

Of the 10 mistakes Cooke addresses one that Christian entertainers habitually overlook: poor branding.  Cooke encourages Christian entertainers to know, understand, and comprehend the importance of branding.  It’ll either work for you or against you.  A brand is an influence.  Influences create perceptions.

At the end of the day, entertainers do not have the ability to create their brand.  Christian entertainers are no different.  They do, however, have total control over the way they influence their followers.  A film director cannot tell the viewer that the movie will be a great movie.  (No matter how much the director believes in their work.)  The viewer determines if the film was a good one, or not.  The director, can, however, direct the artistic aspect of the film and guide the actors to act with conviction.  Actors that act with certainty have the ability to influence viewers. 

An influenced follower can be the biggest mouthpiece for a Christian artist, band, or entertainment group.  How are you influencing your audience?  Are you clearly delivering the message you want your audience to leave with?  Are your followers now inspired to change?  How are you directing your brand?