Tuesday, November 27, 2012

Deal or No Deal: The ugly side of entertainment


Growing up, I have always wanted to be a director and producer of my own production company. Not only because I love seeing my creations come to life, but just like many other people, I thought that being in the entertainment industry was only supposed to be fun and entertaining.  After taking many courses in regards to the business side of entertainment, I have come to the realization that being in the entertainment industry it is very important to know what is going on.  Especially when it comes to the legal aspects. This week, I will be discussing three legal controversies that I have found to be very interesting.

DLT Entertainment vs. David Adjmi

In July of 2012 DLT Entertainment filed a lawsuit against David Adjmi, who wrote and directed the play 3C. This production has several similarities to the popular 70’s hit show Three’s Company.  DLT Entertainment is the company that owns the rights to Three’s Company sent David Adjmi a cease and desist letter, claiming that the play is an act of copyright infringement. The letter also stated: “the play is a satirical work, and like all parody, should be recognized as protected speech under the First Amendment.”

I feel as though David Adjmi deserved receiving a cease and desist letter from DLT Entertainment. For one, the name of the play 3C can cause a lot of confusion. Before reading in detail of this case I was very confused. I thought that the play 3C was Three’s Company on stage. Having the name 3C as the title of the play could have very well meant apartment 3 C. But here again, there is more confusion and a lot of similarity to the sitcom, because the show took place in an apartment.  As a future playwright and filmmaker I would not want to have to deal with something of this nature. Only because if I am the original creator of a play, television show or film, I would not want someone to come along and try to make something that I created out to be their own.

Carol Burnett is sued by Bob Barner Associates

Filed on November 21st, 2012, Bob Barner Associates sued actress Carol Burnett. Bob Barner Associates helped Carol Burnett create many of her productions including her hit show The Carol Burnett Show. Bob Barner Associates caught wind that Carol Burnett’s productions were being released on DVD without compensation to their firm. Bob Barner Associates claim to be co-owners of the productions.

Bob Barner Associates in my opinion should be compensated for being co-owners of The Carol Burnett Show. Bob Barner Associates claimed that they are listed as co-owners of the copyrights to The Carol Burnett Show in the credits. If this is true, then this could be proof that Bob Barner Associates is entitled to a share of the revenue.



Forest Park Pictures pitched a television show idea to USA Networks. Four years later, USA Networks used the ideas that were pitched to them without the consent of Forest Park Pictures. The show that was aired was very similar to the concept that Forest Park Pictures presented to USA Networks with the exception of the title of the show. The title that Forest Park Pictures used was House Call. The title that USA networks used was Royal Pains. Even though the title’s were different, the concept that Forest Park Pictures pitched to USA networks were the exact same. Forest Park Pictures sued for a breach of contract.

In my opinion, Forest Park Pictures should have sued USA Networks for copyright infringement instead of a breach of contract. The contract between Forest Park Pictures and USA Networks was not a written contract. It was however an implied contract.

In closing, we writers and creators must be extra careful when pitching an idea, or even sharing an idea. Even large multi-million dollar stations such as the USA Network will be tempted to act without integrity.

Friday, November 9, 2012

I'm an artist. Do I really need a manager?


In my last post, I had the opportunity to interview my friend Yolonda Jay to ask her a few questions about being an artist manager. As an up and coming play and screen writer I wanted to get an artist's perspective, in regards to having an artist manager. This week, I had the opportunity to ask those questions of my friend Comedian Marcus Harvey .Marcus Harvey is also a host and an actor. He is currently on tour with the rapper Nas, as his luxury barber. Marcus has also signed a contract to tour several college campuses for 19 days, and will be showcased in 18 shows, with the APCA  and  NACA.

MAJ: As an artist, how do you feel that having a manager has helped you as opposed to not having one?

MH: Well, right now my wife Khrystina is my manager. It has helped me to allow her to be the bad guy for me. She is the one that takes care of anything business related, such as reaching out to past clients and responding to e-mails, bookings and making sure my web presence is up to par. She does this so I can focus more on my craft.

MAJ : Do you feel as though you have had more success as an artist with a manager?

MH: I do feel that having a manager has given me more success. People that you work with tend to look at you more as a professional.  Having a manager, causes those with whom you are working with to take you more seriously as an artist, instead of looking at you like they are you’re their friend.  Sometimes people don’t take comedians seriously, as they do “regular artists”. The gigs that I have booked are solely based off of relationships, instead of notoriety. Within the next few years, I will more than likely book gigs based off of relationships that I have formed. I feel as though an artist manager should have a bigger vision than the artist does. Unfortunately, I have worked with a manager where it didn’t work out that way. They thought that the work that I did, was going to be their hustle. Some managers are over-achievers, or don’t do their job as a manager well.  I think that an artist manager should be more of a middleman for the artist.


MAJ: Do you think your career would be different, if you did not have an artist manager?

MH: Yes, I do feel as though my career would be different. Having my wife Khrystina as a manger is a good thing for me. Not only is she sweet, she is also stern and very thorough all at the same time.  As my manager, she see’s what needs to be done before I see it. She also makes sure that I am focused on writing jokes and not on doing the dirty work. She also lets those who want to book me know that before anything goes forward, that a deposit must first be paid. So if I didn’t have her as my manager, my career would not be a little different because I would be the one doing all the dirty work.



MAJ: As an artist with some experience, why would you recommend other up and coming artists, to possibly consider having an artist manager?

MH: I wouldn’t necessarily recommend an up and coming artist to have a manager until someone approaches you. The artist should start off doing things on their own, so they know what to expect. An artist really doesn’t need a manager until they feel as though they cannot do certain things for themselves. For instance, when an artist becomes overwhelmed with auditions, and bookings, that is when I feel like an artist needs someone to manage them. When an artist does decide to use a manager, the artist must make sure that the manager they chose is someone who will build them up. Also the artist should make sure the manager they chose is very thorough, persistent, and will not take no for an answer.


MAJ : You made a mention as to having a web presence. Why is it important as an artist to have a web presence?

MH: When you have multiple resources about your self on the web, people can make their decisions about you quickly. People don’t realize the quality of their web presence. It really helps you out, and gives you a “dressing for your career.”