A History of Silly Lawsuits (Brought to you by the Entertainment Industry)

So the RIAA is really at it this time.

I don't blame them, on the one hand. Their constituency is the record companies. People are pirating records—STEALING! Some are doing it for fun,. others are doing it for profit. But the RIAA, and the MPAA have shown, time-after-time, that they don't understand the difference between letting the music get out there to cultivate the fan base (many of whom who will eventually buy the record anyway), and people genuinely stealing it, so that they can avoid paying for it. In the early '80s, during the advent of home video/VCRs, the MPAA was certain that home taping, and the new form of piracy now available to any TV watcher, would be the death of the movie industry. They couldn't have been more wrong.

Speaking of "Wrong", stealing is wrong! We know this. But prosecuting students, little old ladies, and others who not only don't have the means to pay outrageous fines, but who can easily play the "victim" card..that's just bad. They can't catch the travelling show that is most "services" that provide a conduit to illegally uploaded files. Not only do these services make it easy for people to download copyrighted material, but many of these "services" lead downloaders to viruses and other nasties that don't belong on anyone's computer.

When George Harrison was sued for copyright infringement / plagiarism, didn't the entire music community just...get a chuckle? George was a prolific, enormously talented composer. He knew the song ("He's So Fine"), acknowledged he knew the song at the time he wrote "My Sweet Lord". Did he steal it? I couldn't see how or why he'd want to. Do they share pitch and rhythm sequences in key parts of the respective songs? Yep. Could George have come up with that on his own? Definitely. Did "He's So Fine" pervade his consciousness enough to come out in one of his own compositions? Sure. Should he have had to pay for that? I don't think so. Doesn't matter. A judge ruled in favor of Bright Music (who owned the copyright to He's So Fine).

I view it as a subconscious version of Variations on a Theme. Many composers have purposely taken an existing melody (their own, or someone else's), and have written entire new compositions based on the original. What Harrison did could, at worst, be similar to a variations on a theme.

But he was a good sport and made an offer to settle the claim of infrigement/plagiarism. Of course, as in all things "big business", it got more complicated than George writing a check.

Intellectual property is an astoundingly important concept. Because we can claim copyright, we allow the great creators among us to be motivated and create new things for the world to enjoy. Intellectual property must be protected, but it must be protected intelligently. Publishers aren't as interested in the work as they are in the revenue that the property generates. Song pimps help the creative people to make a living. But to the publishers, one "girl"'s as good as the next—if they both make money. The "girls" who make the big money are generally treated better, and are defended more vigorously. Exploitation of intellectual property is fine. It's part of commerce, and hopefully, helps the composer, author, visual artist, or whoever, to sustain themselves, and to continue creating new works.

And so, the ridiculous lawsuits continue. More on them later. This post is very old and late.

Keeping the (Strike) Iron Hot:

Technology Tips for the Writers Guild to create /
maintain public awareness during the strike

Dear Writers:

I wholeheartedly support your cause, and would like to help.

In the first days of the strike, you chanted “1, 2, 3, 4, we just want to write some more.5, 6, 7, 8, Why won’t you negotiate?”.

Clever? Perhaps. On Message? Definitely! Effective? Maybe (at best).

Your job is to put words on paper. Getting those words out to the public isn’t your specialty–nor should it be. In fact, the people against whom the writers are striking are the ones with the Mega-megaphones that reach around the world. (I won't bother linking to them.)

As such, I am not surprised that the writers’ message isn’t getting out as much as it could be. Isn’t it ironic that the primary reason for the strike is that the studios and production companies aren’t willing to better compensate you for internet broadcasts of your work, and that you aren’t ALL using that astoundingly powerful (and practically free) medium to better broadcast your message?

(Wasn't that a hell of a long sentence just now?)

Not only is the internet likely to be the primary broadcast medium in the near future, but it’s going to continue to be a much more versatile means of getting a message out than television is. As many of you know, ANYONE can broadcast on the internet.

Now, about getting the word out:

The Writers Guild of America website (wga.org) offers some news, but...how does the average person know to go there?

For rates ranging from zero to 1/25th of a penny, the Writers Guild (and each of you)
could be sending e-mail newsletters to “push” your message out to te public,
draw them to the Guild’s website, and to other information sources.

“Opt-In” Newsletters have been a very effective way to PULL traffic in by PUSHing a message out.

For zero dollars, the writers you could include links to YouTube videos, and Picasa picture galleries inside those e-mail newsletters.You could link to the amazing content on sites like
The Late Night Writers On Strike site, YouTube, and Deadline Hollywood Daily.

Vertical Response gives an opportunity for those without a lot of money, but with a great cause, to get the word out. Vertical Response will also let you send a wide variety of mailings, get great reporting/statistics on how many people have seen, or opened your message, and allows you to really organize your lists effectively.

For zero dollars, you could EACH be creating a blog, displaying the kinds of writing talent that’s laying fallow. Blogs which mention The Writers Guild, the strike, or anything else related to your cause increase their visibility on the web in general, and on Google specifically.

The Guild held a rally on November 23rd. It was terrific. I had to go to the Writers Guild website to find out there had even been a rally. I went to YouTube, and sure enough, there were video excerpts from it.

How about raising money for the strike fund?
Paypal is a great conduit for contributions to the WGA strike fund! It’d allow anyone
who’s so inclined to contribute to the strike fund. Your blogs, newsletters, and links wherever you can get them, will bring in visibility and money!

There is a FANTASTIC site that David Letterman’s writers put together. It’s full of GREAT, original videos and writing, that’ll keep us HANKERING to see that great writing talent back on TV. In fact, seeing their fantastic work online may give the Letterman audience a whole new perspective on what they could expect from Letterman’s show.

Someone with the pseudonym WriterBoi created a Hip Hop Anthem for the strike.

Holly Hunter did a fabulous short called “Speechless”.

It clearly demonstrates what happens without the Writers Guild membership.

But we had to go SEARCHING for it. Publicizing something that fantastic is EASY.

You’re writers, and you’re doing a fantastic job putting together original content that gets the word out. But the word’s not going far enough! Since the studios aren’t distributing your content on TV and in movies, do it yourselves.
Some of you are doing it already. Do it more. It’s easy. All it takes is a webcam, free software, and an internet connection.


PetitionOnline.com can get your word out to
the masses, and demonstrate a show of support. (There’s already one petition to the studios, add another, or get signatures for the one that’s up there.)...Include a link to it in your blog, your newsletter.

Take your webcam and a laptop to the picket line. Most Apple notebooks of the past 3 or 4 years have built-in webcams. Stream events live! Lord knows that significantly less important things are being streamed live on the web. Some cell phones can even function as webcams.

If you want to communicate the numbers, to those who don’t understand how little the
writers want for their contribution, putting a little gadget on the website that multiplies the number of
streams/users by the pennies the writers are asking for, versus the studio’s income from those same streams might be an effective tool.

Striking blue collar workers have the same tools available that you do, but you, the writers have an astounding talent that can complement the medium so well. Demonstrate further how your talent can still be a powerful force without the networks.

My thoughts are with you.

STRIKE: Showbiz shows unity with the Writers Guild of America!

STRIKE!

The Writers Guild strike: The creative arts business is among the stranger ones in the world. Musicians, writers, and actors who went from labor to management in some aspect of "the business" can also be employees. In the world of society music/party music, a musician can be an employer (band leader) one day, and an employee for someone else the next. Such a musician may be a pianist who works weddings to pay the bills, but also has a jazz trio which doesn't have great commercial appeal. Perhaps a few nights a month, such a musician would prefer to accept less money, not take an engagement for a wedding, but rather, do something that fulfills his/her artistic need to play music that matters to them, rather than entertaining an audience of semi-drunk, less appreciative people who are really there for something other than the music.

On that same note, most people who are showrunners in Hollywood were once staff writers somewhere. Most of them are still sensitive, creative people who feel for the writers, and believe the cause to be a worthy one. Essentially, you have management striking against other management.

But with this strike, the whole "management striking against other management" thing goes up a notch. Garry Marshall and Norman Lear came out for the writers! Norman Lear created All In The Family—perhaps the greatest sitcom of all time. He created and was the driving force behind MANY other sitcoms. He is a Hollywood giant. Once upon a time he was a staff writer for television shows too. He feels for the writers. That's one of the many things that makes showbusiness so amazing. Norman Lear is, by his actions, telling Rupert Murdoch that he (Murdoch) has no idea what it's like to put words in actors' mouths, be paid a pittance, get none of the credit, and be treated like dirt in comparison to the cast of the show. Without the writers, the cast would be nothing. Norman knows it at least as well as anyone else in Hollywood, and he's in a position of tremendous power. And yet HE comes out to support the writers. That's awesome.

Garry Marshall once wrote for The Dick Van Dyke Show. He conceived and directed episodes of Happy Days. He is now a major player in Hollywood also. He also directed many huge hit movies. Garry Marshall and Norman Lear bonded in support of the writers, and came out to one of the rallies. Now THAT is a show of unity.

On a Garry Marshall note, right after Robin Williams got famous for his role on Mork and Mindy, he would perform standup comedy for little or no money in "hole in the wall" clubs in California and elsewhere. He would frequently get calls from the audience asking for "Mork". He would respond to those calls by saying "No, no....Not doin' the Mork. That's why I come out here..to do something DIFFERENT." That would get tremendous applause from the audience.


Why are the writers striking? Without the writers there are no TV shows, no movies..in fact, not much of anything in commercial programming, really. Much of television production has come to a standstill in the past few weeks; movie production at the major studios is down to less than nothing; and all because the writers want a small taste of digital media sales of their intellectual property. The studios are losing millions right now, with no production going on.

And yet, late night TV show hosts SUPPORT THE WRITERS. Jay Leno, Conan O' Brien, and David Letterman were/are all writers. They understand and sympathize with the writers' demands for compensation. Leno and Letterman are contributing to the writers' strike funds, and are doing their part to ensuring the writers don't starve during the strike.

Jimmy Kimmel hosted a major awards show, and did so (semi) unscripted because he wasn't allowed to write for it. Jimmy is a member of the Writers Guild, and takes that membership seriously. Part of his job is to be funny, and look good on television. He chose to risk embarrassing himself in front of a huge audience rather than break the WGA strike. Because he's a professional, he was able to make the evening somewhat funny, but there were many presenters who couldn't do much more than read the names of the nominees, and subsequently read the winner's name.

The Daily Show with Jon Stewart requires fresh takes on the day's news (most) every Monday through Thursday. Jon's a very funny man, but there's no way he could possibly write every joke in 4 monologues a week, AND bits they do within the show, AND prepare properly for interviews with his guests. It's just not possible.

So what happens? The Daily Show is in reruns now. This will be the 4th week of reruns. When the strike's over, Viacom will require a major marketing campaign just to tell the regular viewers that there'll be new episodes on the air. Advertising dollars, production costs, and so many other things contribute to major losses. I'm guessing the studios might be willing to give up a small taste of digital media sales, and acknowledge the writers' contribution to their multi-gazillion dollar industry, and put an end to everyone's losses.

Many famous actors have come out for the writers. The writers are doing a great job of conveying their message too. They send effective messages about both the reasoning behind their stance, and their feelings about the offers being put forth by the studios/producers. The actors know they'd be nowhere without great writing. Ray Romano (also a standup comic and writer), Matthew Perry, Lisa Kudrow, Rachel Griffiths, Elliot Gould, Rob Lowe and Kathy Griffin.

Even a few famous musicians came out to support the writers.

So where's government in all this? How will government affect the future of the internet? Some candidates clearly don't get it, or are in the pockets of media conglomerates. Others, like John Edwards, not only get it, but will advocate for those who need it.

John and Elizabeth Edwards just cancelled an upcoming appearance on The View because he wanted to support the writers, and wouldn't cross a picket line. YAY, John!

So what does all this mean? The top of the Hollywood food chain doesn't want to give up 4 cents of internet back-end profits to the people who write the scripts which make everything in Hollywood move. Many people in positions of power support the writers. And yet, the strike's in its 4th week. There is one longer writers strike on record, from 1988. Most writers in Hollywood don't make much money. If their work product is the backbone of Hollywood, those at the top of the food chain ought to consider for a moment what happens when the writers think of themselves and their families, and tearfully put aside their craft, just to figure out how make a living wage.

Smarten Up, Conglomeratis! You have more than enough money to give the writers what they need.

My thoughts are with you great creative people.

Major Record Labels, Darwinism, and the Future of Intellectual Property

It's been over a month since my last post here. However, nothing has changed, and everything has changed in the world(s) of major purveyors of intellectual property. And with the Writers Guild on strike, it makes ya think (okay, it makes me think) about the whole intellectual property landscape, and how physical media are overvalued.

The short version: Intellectual Property is about what's in the mind(s) of its originator(s)! So many are concerned these days with the media on which the darn things are sold. The physical forms by which some entrepreneurs choose to sell intellectual property are but one means of capitalizing on it. Even those who focus on the digital transmission of music, lyrics, screenplays, and whatever else, are often myopic in their view.

Sorry, I'm full of big words and complex sentence structures today.

Let's review what's gone on in the past 6 weeks or so.

1. Radiohead has released their current album without the backing of a record company. They've made some money, and are sufficiently tired of the record companies' b.s., that they've decided to sell their album directly, and to make it available via their website for download (or purchase of physical media). That's pretty impressive. What's even more radical about Radiohead's move is that they are charging on a "pay what you wish" scale. When a friend first told me about it, I didn't believe it, so I downloaded it for free. I'm not a Radiohead fan, but I'm sure a fan of their marketing tactics.



2. The RIAA sued an individual for file-sharing/downloading music illegally. They were probably mistaken in going after the one they sued. No one could prove that the alleged file-sharer was even the one who did the deed. But before we get into the analysis of this event, let's continue with the next one.
3. Madonna has signed a $120 million record deal. The deal is not with a major record company, but rather, with Live Nation—a concert promoter and ticket sales outfit. She walked away from Warner Brothers, when they wouldn't "step up" with a viable offer. Warner was the first major label to sign her.
4. The Writers Guild of America is on strike right now. The only issue they have with movie and television studios is back end profits on digital media sales. Everyone there is being somewhat forward-thinking in their understanding that there's real money in selling and broadcasting over the internet.

There's some commonality in the lessons we can learn from these recent events. There are hundreds of others which made the news this year, and in recent prior years, from which we can learn similar lessons.

How about these for starters?

- Myopia has little to do with your personal collection of hallucinogens. (Okay, that was an awful pun). There are many ways in which someone who could have profited from the above-mentioned events, chose to lose money, because they had tunnel-vision about how they sell intellectual property, and/or how the profits should be divided.

- Profit centers change. Some are so stuck to the old models /their old ideas about how to make money, and/or what makes money, that they eschew change, in favor of their "old faithful". This is nothing new.

Blacksmiths aren't making quite as good a living these days as they did before cars were commercially available. Those who loved being blacksmiths, and learned their trade weren't about to give it up. They probably had to focus on different audiences. That's one way to stay in business.

When VCRs first came out, the MPAA was against them. They said that home taping and viewing would mean the end of movies and movie theaters. You tell me: How are movies doing today? :) G'ahead...tell me. Say it. They're making a dollar or two, aren't they? And DVD sales? Not bad, ay? The studios know where the money is. That leads to the next point...and the next post.

For most of us, "Record Deals" aren't much of a deal at all!

This one's for you musicians out there! I was reading today's edition of Billboard online, and saw the most wonderful thing—a side-by-side summary of the Pop chart, the "Digital/Mobile" chart, and the "Heatseekers/Independent" chart! WOW!!! Even if advertisers dominate major entertainment industry publications, the "little guy" now has great potential for exposure. Twenty years ago that could NEVER have happened.

Case Study: Ingrid Michaelson

This week's #1 record (on Billboard's Independent chart) is by an artist named Ingrid Michaelson. I just got a small taste of it, and she can count me in as a new fan. We music fans now have a chance to learn about new music not put out by the consolidated major labels. All the really good music has a shot now.

You may ask: "Dana, how is all this possible?"...I said "You may ask"...So go ahead, ask. I'm waiting!....Okay, fine....I've asked for you.

The internet has been the greatest revolution for independent musicians since the phonograph! It is also helping independent authors and filmmakers to get an audience without "the majors" in their respective industries. Not only is Ingrid Michaelson's record listed, but also a bio, song list, a link to her website, and links to buy her music!!!!

You may now ask: "Dana, how do we get in on this goldmine?"...Now that you see how the "You may ask.." game is played, go ahead...Ask!

If you're an independent recording musician, you probably just want to write, or play, or make records, without having to mail a CD to a fan in Omaha who's just bought it from your website.

Ingrid, and thousands of independent musicians like her get it. They have signed up with fulfillment services like CD Baby , and their records are on iTunes.

(Note: Many artists want iTunes to sell their music. iTunes screens very carefully for submissions. They are, in effect, a record label, but they've been very fair in compensating the artists whose music they sell.)

Some independent musicians "Self produce". They use what resources they have available to make a record, and put out the best product they can. That might mean a basement studio, cover art by the bassist who is a graphic designer by day (till the band makes it), a nice duplication facility and printing shop like Lulu.com or VistaPrint respectively, and maybe borrowing a few bucks from Mom, Dad, or your stock portfolio. If you don't have the million dollar studio available to you, don't complain. Some of the greatest records of all time (including one referenced toward the bottom of this blog entry) were made with a 4 track tape recorder.

Many truly independent record labels serve niche markets, just like in the '60s. However, today these labels can produce high quality records for a relatively low budget; they can publicize in ways we were only dreaming of twenty years ago; and they can reach a worldwide audience for a fraction of a penny per new fan.

Once again..You may ask:

So what's so great about the majors?
They're rakin' in the dough, so they must be doin' somethin' right.

Major record labels, movie studios, and publishing companies all offer the same things to the artists they sign: publicity, distribution, and the kinds of resources that allow the artist to create, unhampered by minutiae. The prospect of having to promote the record on a "micro" level is frightening to an artist who's been signed to a major label. The record company will be setting up publicity tours that get to thousands, or hundreds of thousands of people at once. You can't be selling "onesy-twosey", or you'll lose money-money. (Not the song, just the moolah). Not that art is about commerce, mind you, but you do have to make a living, or you won't be able to keep a band together.

The majors take a huge cut of the artist's profits, they often find some way to steal (all or part of) the artist's publishing income, cashing in on the artist's desire to be heard by millions rather than by tens of thousands, and they negotiate most "first time" deals paying the artist a pittance. They also tell the artists stupid things like "We want hits!". Something tells me the artists already know that.

In short, the major labels and big publishing companies are the sadistic dominatrixes of the record industry. Sadistic Dominatrixes can be perfectly lovely, but their bent is to be in charge taking what they want and need. If you happen to get something out of it, bully for you! The nice dominatrixes are the ones who work with you, and fulfill a mutually beneficial fantasy..unless they're getting paid. If they're pros, they'll work toward only what you want, but will make it seem like they're in charge, because that's part of the customer's fantasy. The customer may say "Beat me, Mistress...Oh, yes..harder..now down a little to the left..Yes, that's it. Thank You, Mistress". Guess who's really in charge there.

That was a nice diversion, wasn't it? Most entertainment industry blogs don't venture (however briefly) into adult entertainment, do they?

Two Stories from which we can learn

Hello, Dolly!
Dolly Parton recounted how Elvis Presley wanted to record I Will Always Love You in 1973 or 1974. She got the call from Colonel Tom Parker—Elvis's manager. Colonel Tom told Dolly good news and bad news. The good news was Elvis LOVED the song, and wanted to record it. The bad news was that Elvis only recorded songs to which he owned half the publishing rights. Dolly politely declined Elvis's offer. In my estimation Dolly did the smart thing. She pointed out that Elvis recorded songs to which he owned half the publishing rights, which is why most of his songs are junk. (Dolly used a less polite word than "junk" to describe Elvis's catalog).

And look how BIG she won by having refused to give up her publishing! In 1992, The Bodyguard featured I Will Always Love You as its love theme. Whitney Houston performed it for the soundtrack of the movie, it was HUGE hit for Whitney. The song was nominated for an Oscar. And now, every American Idol wannabe who performs the song on TV is a cash cow for Dolly. Every time The Bodyguard is on HBO, and every time a 13 year old hackette (not as in Buddy Hackette (sic)) , thinking she's the next Beyoncé, gets on TV auditioning for the reality shows, the song makes money for Dolly and her publishing company! Yay, Dolly!

EMI got The Beatles for a song
The Beatles' first record deal with EMI in 1963 paid them (The Beatles) a pittance. The contract's term was from their 1963 releases With The Beatles (in the UK) and Meet The Beatles (in the US), until 1966.

In 1966, they were the biggest band in the world. To paraphrase the great comedian and author Jonathan Katz (best known for his groundbreaking animated series Dr. Katz, Professional Therapist, and his new hit radio show HEY WE'RE BACK!): To say The Beatles had a strong negotiating position in 1966, would be like saying that The Shining was a movie about writer's block.

In their second agreement with EMI, The Beatles had a much better record deal. Subsequent to 1966, they were compensated in pounds (or dollars, if you wish) per-record sold, and not shillings (or pennies for us Americans). But you have to be that big to make that happen with a company the size of EMI.

And the deal was even sweeter for The Beatles. Not only was their publishing left intact, but they'd decided to stop touring. September 1966 was their last live show (except for the performance on the rooftop featured in their movie/record Let It Be. I'm not aware of any musician working today who is so popular that they don't have to perform live to promote their records. From 1967 to 1970, The Beatles were a "studio band". And their first creation after having quit touring? Seargent Pepper's Lonely Hearts Club Band.


So what's the bottom line in all this? YOU CAN DO IT! Go make a record! Use the resources available to the independent musician. You may not have the big money Dolly Parton does. But keep workin' at it like this woman on the right is. The resources are MUCH easier to get to today than they were 20 years ago. Talent, ambition, and drive will take you a lot further than they used to. If you'd like to consider us as one of your trusted resources, write to me. I'd love to see if we can help you.

Helpin' you get to the gig.

So...some people "space", and some get to the gig. Different people work best with different tools to help them fulfill their obligations and appointments.

Among the many things that'll keep us on track are:

• Smartphones
• Contact Management Software
• E-mail reminders and text messages
• "Wake up call" services
  

Smartphones
These puppies usually have a rolodex, calendar, "to-do" list, e-mail, and many other handy-dandy features.
The Palm Treo

Palm has been developing handheld devices for over 15 years. They've gotten quite good at it, and have a versatile line of products. The Treo—Palm's Smartphone—probably has the most gadgety feel to it (of all the Palm products). It offers e-mail, web access, a rolodex, a calendar, and a to-do-lis. Many models have a (still and video) camera built in. The Treo has hundreds of optional features (many of them free). You can, if you wish have a Navigation system (for getting walking or driving directions to and from anywhere) for your Treo. You can turn it into a portable music-player, get an online restaurant guide for whatever town you're in, and many other things.

The Treo is far from the only player in the handheld game.

Apple has developed the much-hyped iPhone. The iPhone (pictured to the left, fingers not included) has all the features that most Treos have, and it includes Apple's iPod technology built right in. The iPod is widely considered to be the best portable music (and video) player available. So, those who really want their tunes with their personal organizing tool, might like the iPhone better than the Treo. The screen is quite clear, and there are many built-in features. Since it's new, there aren't quite as many "add-on" products for the iPhone yet. But you can bet they'll be out soon.

For those who care mostly about e-mail, there's Research In Motion's Blackberry.

There are many more handheld devices, but..you get the idea.

The little toys aren't the only answer. Maybe you just want your phone to be a phone. Okay. No problem. For you we have...

Contact Management Software
If you prefer to be at your computer to plan your day, and prefer to carry a list of what you're doing that day, there are many solutions for you. The most popular of these is known as contact management software or Contact Relationship Management software, if you care to use the industry term.

It'll keep track of your "rolodex", calendar, to-do list, and hopefully, a history of every "contact" you've had with clients, prospects, vendors, or your great aunt Tilly, if you wish.

If you wish to take your CRM on the road, most of them synchronize withSmartphones.

There are SO many examples of CRM tools, that we'd do a disservice to any one product by naming only a few here. We have our favorites, and help folks using PCs, Macs, or..nothing in particular to select the one that's best for them.

HERE is a key point, though, with selecting a CRM tool. If you are responsible for getting someone to wherever they have to be, but aren't necessarily in the same office as them, you should make sure you're using the same tool they are. We have been to MANY offices where the boss likes one calendar software, and the personal assistant who's new, uses the one that came with her computer. (Again, we won't name names. Contact me if you have questions.

We'll skip e-mail reminders and text messages for now. Let's explore a low-tech option.

Wake Up Call Services
Maybe you're a low tech person, and have enough devices in your life. Fair enough! Think about using a wake-up call service. They do MORE than 5 AM calls. They can be notified to call you 5 times a day if you need it, and the wake up call times can vary every day if you wish. Some have automated voicemail greetings/reminders, and others have actual humans ring you up.

Not sure how to go about setting it all up? Give us a call, send me a note.

Space—The Final Excuse...

Today I recalled a few of the stories performing artists have told me over the years about "getting to the gig".

My favorite, and the saddest of them is the following: Years ago, I was on a recording session with legendary guitarist Eric Gale. Eric told me one of his "Dude, I Spaced" stories...though in his story, he was a beneficiary of that too-often used sub-excuse.

A well-known jazz composer and bandleader (whom we won't name here), was contracted to play a concert tour in Japan. He was travelling with a rhythm section (that's guitar, keyboards, bass, and drums), and some horns (saxophones, trombones, trumpets, perhaps). When the bandleader arrived in Japan, he hooked up with all but one of the band members. The guitarist he'd originally hired hadn't shown up. The bandleader called the guitarist's home in New York, to find that the guitarist was not only still at home, but was high on cocaine. He had forgotten to go to Japan! Eric was called in at the last minute, went to Japan, and saved the tour.

Imagine you're responsible for hauling all the equipment necessary for your employees to do their time-sensitive job, you take a left on the highway instead of a right, wind up 60 miles off course, and two hours late. Chances are that someone (besides you) will be slightly annoyed at this "turn" of events.

It's safe to assume that most people who have made it to the higher echelons of showbusiness, have earned their status, in part, because they made it to "the gig" a large majority of the time. Whether it was a 6AM call on a movie set, a deadline for a manuscript, or a 4PM bar-mitzvah, the successful people generally do what it takes to ensure they are there to do their thing when their audience expects them to be there.

Woody Allen taught us that "90% of life is just showing up".

Comedian Barry Sobel told us one of the many differences between New York and L.A.. He said that "In New York, when you tell your friend 'I'll meet you at the movie theater at 10 o' clock', you meet them at the theater at 10 o' clock!'...In L.A., they might not show up at all! The next morning, you call them up, and they say 'Dude! I spaced!'...'Dude, I spaced' is an excuse in L.A.!!".

Well, clearly the "Dude, I spaced!" people aren't ones we'd expect to see starring in a Broadway show, or playing concerts at arenas around the world. Typically, those who are successful show up on time, and rarely (if ever) "space".


Most of us are just hard-working people. If we have to go to Japan (or perhaps to downtown Kansas City) for work, we wouldn't be likely to forget that. In this day of so many things competing for our attention—advertisements everywhere, e-mail, podcasts, children, work deadlines, and...just the many distractions of day-to-day life in the "age of technology"—it's conceivable that even we might "space" on some important obligation or other. We might not forget to go to Japan, but..something that's time-sensitive might escape our attention once in a while.

How do we reduce the chances of missing an appointment, then?

There is an abundance of tools available to us today that will do everything from beep and buzz in our hands at a pre-set time, send us e-mail reminders well in advance of our appointments, pop up on our computer screens, and maybe even come to our door, ring our bell, and escort us out to whatever the "gig" of the moment is.

In the next post, we'll explore some of those options. Stay tuned. Write to me if you have questions.

(Introductory Post) I got those "Low tech profession in a high tech world blues"

So..here's another techie blog. Wonderful, right? Well, maybe you'll find something here that'll be useful to you. Whether you're in the arts and entertainment industries or not, you may find something here that you can use in your own work and play. If you do, drop me a note, or please post a comment on the blog.

Dragonfly Technologies is dedicated to serving the arts and entertainment—actors, authors, screenwriters, comedians, musicians of all sorts, dancers, general performers and all those who help the artists "get to the gig". The accountants, attorneys, personal assistants, managers, agents, and occasionally housekeepers of the creators and performers are a central part of making sure that the artist gets to the gig, and has more gigs to get to after the current one's over.

Performance and creative artistry are, at their core, very low tech. A standup comic uses his or her brain, body, and possibly a microphone, to evoke involuntary physical responses from another human being. Hopefully that involuntary physical response is laughter. All the comic really needs (unless that comic is Carrot Top or Gallagher) is their mind and their body to do their job. Richard Pryor did standup comedy from a wheelchair during his last years living with Multiple Sclerosis. Jonathan Katz still does great standup, as well as many other really funny things, and he too has MS. (More on Jonathan later).

Shakespeare wrote Hamlet without the aid of Final Draft. Actors were asking "To be, or not to be?" long before there were blowdryers, house lights, or instant-drying nail polish. Mozart wrote 41 symphonies without Finale. Does that mean we should all be luddites, and use only our raw talent to bring new creative works into the world? Of course not!

Johnny Carson said that the definition of an optimist is "an accordionist with a beeper". Today we might substitute cell-phone or Blackberry for "beeper", but you get the idea. In today's world, comedians have Blackberries. Every so often I receive last-minute instructions / requests for website updates for the headliner comics, or high-profile authors we serve. Those requests are usually along the lines of "It's 12:45. I'm going to be on CNBC at 2PM. Please make sure we put up A, B, C, and my whole January calendar on the site by 1:45.".

Although we have a great staff for that kind of thing, pulling off that kind of last minute update isn't always easy. But the instant communication became possible when the creative folks and his/her team use the right tools to collaborate on getting to the gig, and parlaying the current gig into the next one, the bigger one, the one that'll allow their agent to get a better computer.

We're there to make sure the creative artist has all the best technology tools to aid them in their process; that they use those tools as efficiently as possible; and that they get to the gig, publicize the current and upcoming ones, and can continue unencumbered in creating things that make the world better.

So..bottom line: Creative arts which are low tech can benefit from high tech tools to do low tech things. Those who assist performers, artists or writers should definitely make the best use possible of the tech tools, so that the creative artist can be left alone to do their thing. Lawyers, accountants, agents, managers, personal assistants, website developers and computer techs for the artist, should all be using the best tools possible to collaborate better toward serving the creative professional, and helping them to bring joy to the world.