Wednesday, March 31, 2010
UNIVERSAL BETTING ON LOWER PRICES TO BOOST CD SALES
NEW YORK (Billboard) - Universal Music Group (UMG) is embarking on one of the most ambitious efforts yet to boost U.S. CD sales, with the test of a new pricing structure designed to sell most new releases by current artists at $10 or less at retail.
The major's "Velocity" pricing program responds to the continuing plunge in CD sales, taking aim at brick-and-mortar retail stores that have scaled back on floor space dedicated to music. The pricing adjustments will also bring CD prices more in line with what consumers pay for digital albums at online retailers like iTunes and Amazon.
"We think it will really bring new life into the physical format," Universal Music Group Distribution chairman/CEO Jim Urie says.
Universal, which accounts for 28.7 percent of year-to-date U.S. album sales, according to Nielsen SoundScan, will cut UMG's main wholesale price point of $10.35 to about $7.50 or less for front-line releases, which are generally by established current artists. It's also breaking with prevailing industry practice by putting suggested retail prices on CDs, ranging from $6 to $10.
UMG is betting that it can offset the loss in revenue per CD with increased sales volume and the rollout of greater numbers of higher-priced, higher-margin deluxe editions of albums. The new CD pricing structure could also spur UMG imprints to find ways to reduce CD costs, such as embracing less elaborate packaging on standard single CD releases or placing fewer songs on albums in order to reduce mechanical royalty payments to songwriters.
Most new releases will carry the new price points, although there will be the occasional exception, UMG sources say. The Velocity program will begin in the second quarter and run through most of the year. Sources say the first titles to be released under Velocity are expected to include new albums by Godsmack, Game and Taio Cruz.
RETAIL REACTION
Retailers should respond well to the new price points, given that many of them were already pricing many new releases at $10 and absorbing the loss to generate foot traffic to their stores.
But their enthusiasm may be tempered by the narrower profit margins expected under the new pricing structure. According to sources, front-line UMG releases will carry a 25 percent profit margin, down sharply from the customary 35 percent. That means CDs with a suggested list price of $10 would wholesale for $7.50, those with a $9 list for $6.75 and so on.
The move may not go over well with retailers that buy from wholesalers and already reap a narrower margin than those that buy direct from labels. And merchants accustomed to having free rein in setting retail prices may chafe at the suggested list prices. Meanwhile, UMG artists and their managers may grumble about the pricing initiative, since royalty payments, usually a percentage of sales, will be calculated based on the lower price points.
"We are happy to see that a major music vendor has made a decision to lower its price substantially," Bob Higgins, chairman/CEO of retail operator Trans World Entertainment, says, "because it's what the customer wants today, and (because lower pricing is needed) if we are going to see a viable CD business continue."
Similarly, Newbury Comics CEO Mike Dreese says he gives the initiative "two thumbs up," but adds that the industry still needs the other major labels and independents to make similar reductions in front-line pricing to boost overall CD sales.
Merchants have long clamored that lower pricing alone would prolong the life of the CD, sales of which are down 15.4 percent in the United States so far this year from the same period in 2009, according to SoundScan. With retail Sunday circulars and the home page of Apple's iTunes store touting hit titles at $9.99, it became conventional wisdom among merchants that $10 was the magic price point that would induce consumers to buy more CDs.
UMG was the first major to cut wholesale CD prices when it initiated its JumpStart pricing program in 2003. The other majors initially condemned the move, but eventually began reducing prices on their own catalog titles. Such initiatives have brought wholesale prices down to the $6-$8 range for midline and full-priced titles. Front-line pricing, however, remains a mixed bag, with UMG's main wholesale price point at $10.35, Sony's at $10.50, EMI's at $12.04, and Warner Music Group's at $12.05.
Last year, Trans World enlisted the participation of UMG, Sony and EMI in a pricing experiment to sell every CD for $9.99, an initiative that it has extended to more than 100 of its stores.
"Things are not going to get better for CD sales unless the price point is addressed," a senior retail executive says. "One thing that the Trans World test shows for sure: $10 will drive sales and traffic."
Erykah Badu Explains Why She Chose To Go Nude
With all the hype about her new video, which I find to be an awesome expression of her artistic gifts, Erykah goes viral to explain her take on the video and what it meant for her, and why she chose to go nude.
"I was petrified while shooting this video ... but liberation began to set in. I conquered many fears in that few moments," Badu posted on Twitter on Sunday.
Families can be seen in the background. Badu said on Twitter that she prayed the children who were there wouldn't be "traumatized."
The video begins with a 1963 radio broadcast describing Kennedy turning onto Elm Street. Badu is then shown in a parked car. Then she walks toward Elm Street while taking her clothes off.
Badu said on Twitter that she could hear people yelling things at her but she kept going. People were yelling things such as "This is a public place," "You ought to be ashamed," and "Put your clothes on," she said.
She said the people caught in the background were trying to ignore her as she shed the last of her clothing -- except for one man who grabbed her clothes.
In the video, she falls to the ground at the spot where Kennedy was shot.
The blood at the end of the video spells out "groupthink."
Comments from a poster on a popular social networking site stated this:
I think this is a song/video as her comeback to people that have lambasted her for her lifestyle. After her third child by a third baby daddy and her revealing that she doesn't have a man... she have menzzzzz, a lot of people came down really hard on her. Her way of saying yes, I'm different but I'm not hurting anyone so please don't try to hurt me... I need you. As she says, "my kids are fine, my kids' fathers are fine, all the men in my life are fine and we all get alone and care for each other so what's the problem?"
The end of the song... character assassination... people are killing her with their character assassination of her. But she should know when you deviate from "the norm" especially if you're in the public eye, you will get shot at. But then again, is it so much from the norm? Many women out there with 3, 4, 5 and more children with just as many baby daddies. Al least she can afford hers and apparently all the baby daddies are around.
I hope that this expression brings more real true artists o the spotlight. There are so many good artists out there, but due to the rise of Southern rap, radio and media has to cater to those artists to stay afloat. It's a shame that artists like Badu have to fight for exposure and record sales.
Last night she performed on Jimmie Kimmel live, and although "Window Seat" is hot, the other song she performed, "Healer", reminded me of Parliament Funkadelic.
Tuesday, March 30, 2010
2010 ENTERTAINMENT INDUSTRY EVENTS
April 9 - 11, French Quarter Festival, New Orleans, LA,
http://www.fqfi.org/
April 14 - 17, Indie University, Nashville, TN,
http://www.indieuniversity.com/
April 15 - 18, Launch Music Conference, Lancaster, PA,
http://www.launchmusicconference.com/
April 16 - 17, Dewey Beach Popfest,
Dewey Beach, DE,
http://www.deweybeachfest.com/
April 16 - 18, Lehigh Valley Music Conference, Bethlehem, PA,
http://www.communitylvmc.org/
April 19 - 23, School of Rock - Rock Star Boot Camp, Boston, MA,
http://www.schoolofrock.com/boston
April 22 - 24, Florida Music Festival and Conference, Orlando,
FL, http://floridamusicfestival.com/
April 22 - 24, ASCAP I Create Music Expo, Los Angeles, CA,
http://www.ascap.com/expo/
April 22 - 25, FTF Music Conference and Showcase, Kent, OH,
http://www.ftfmc.com/
April 23 - 25, New Orleans Jazz & Heritage Festival, New Orleans,
LA, http://www.nojazzfest.com/
April 24 - 25, The Green Expo and Music Fest, Fountain Valley,
CA, http://www.thegreenexpo.net/
April 26, Future of Money and Technology Summit, San Francisco,
CA, http://www.futureofmoney.com/
April 26 - 29, Billboard Latin Music Conference, Puerto Rico,
http://www.billboardevents.com/
April 29 - May 2, MerleFest, Wilkesboro, NC,
http://www.merlefest.org/
April 29 - May 2, New
Orleans Jazz & Heritage Festival, New
Orleans, LA, http://www.nojazzfest.com/
April 30 - May 1, High Tide Jamfest, Dewey Beach, DE,
http://www.deweybeachfest.com/
April 30 - May 1, Mother Hips Family Hipnic, Bug Sur, CA,
http://www.folkyeah.com/
April 30 - May 2, Beale Street Music Festival, Memphis, TN,
http://www.memphisinmay.org/music
May 1 - 2, Kindiefest Music Conference, Brooklyn, NY,
http://kindiefest.com/wordpress/
May 5 - 8, City Showcase, London, UK,
http://www.cityshowcase.co.uk/
May 8 - 9, Guitar Nation 2010, London, UK,
http://www.guitarnation2010.com/
May 9 - 10, Chickfest 2010, Dewey Beach, DE,
http://www.deweybeachfest.com/
May 13 - 15, Spring Music Festival, Hamilton, ON,
http://www.springmusicfestival.com/2010/home.htm
May 14 - 17, NARM Music Business Convention/Crash Course,
Chicago, IL, http://www.narm.com/events/2010-convention/
Gold Diggers: The Pussy Trap!!!!
In the past few years as entertainers abroad in every spectrum of entertainment, from movies, television to super star athletes, have been charged with rape, or accused of having mistresses outside of their marriages, there seems to be an underlying truth to all this madness as exposed by an entertainer with quite a past history himself.
Luther Campbell, the King of XXX Rap, wrote an article on this seething culture of super star entertainers who continue to be duped by gold diggers out for that ultimate score. Not intimating that all entertainers are innocent, but a large majority of them just fell for the "pussy trap" as Luke stated in an article he wrote for a local South Florida news zine, News Times.
In the article, Campbell wrote the following:
"I have to give credit to the Miami-Dade State Attorney's Office for dropping a domestic violence misdemeanor against Warren Sapp, who was arrested this past February 6 before the Super Bowl here in Miami. A woman he had been dating accused him of choking and pushing her, causing her to fall awkwardly. She claimed to be hurt so badly that she had to limp through the hotel lobby with an unknown man helping her.
Turns out she wasn't being honest. I read the assistant state prosecutor's close-out memo. Witnesses said she was "walking in high-heeled stilettos and acting in a jovial manner" as she left the Shore Club. The hotel's video surveillance backed up their accounts. Whatever happened in that hotel room, it didn't go down the way she described it. When the incident occurred, I came out in Sapp's defense. I also defended Michael Irvin, another ex-Hurricane who the same week was sued by a woman claiming he raped her. Charges were never pressed against him.
I defended both of them because I knew they were the real victims.
I've taken guys to the club to show them how it unfolds: A big-time professional athlete has his own VIP table. He's buying bottles left and right. A group of girls will parade back and forth until he invites them to join him. A girl will start talking to him, telling him she doesn't know anything about football or basketball or whatever sport he plays, how she is not a party girl. That's the one you have to be leery of because she will do the one-night stand and the next day expect more, like a relationship. And when the athlete tells her he is not interested, she hollers rape!
Then you have the gold diggers who have children with superstar athletes and use the kids as tools for revenge. Trust me — I know. I learned the hard way. I have kids with three different gold diggers. Those women are the worst. They go into family court and paint the father as the bad guy. Even if the dad is trying to play a role in his kid's life, the baby mama won't let it happen."
I have long said that a large majority of these entertainers fall for these women and become naive due to the "pussy factor". They think ahead to a sexual encounter, vice thinking ahead of the consequence of that encounter. As a professional disc jockey spinning in clubs, I have seen this behavior with my own eyes and have witnessed time and time again, entertainers falling right into these traps.
Possibly with incidents that have transpired these past few years, a star cornerback being suspended from the NFL, with a former star NFL quarterback being murdered in a love triangle, a current super star NFL Super Bowl quarterback being charged a second time with rape, and a world famous pro golfer falling out of the public's grace with his multiple mistresses coming out and exposing him, entertainers will start to wake up and be more careful. If not, then whatever happens is on them ultimately.
Friday, March 26, 2010
Prince Ordered to Pay Irish Promoter $3 Million
DUBLIN (AP) — A Dublin judge ordered U.S. pop singer Prince to pay $2.95 million to Irish concert promoters Friday for canceling a 2008 concert at the last minute.
High Court Justice Peter Kelly said he was making the total damages public because Prince has yet to pay anything to Dublin promoters MCD Productions Ltd. in their confidential settlement reached Feb. 26.
Kelly ruled that Prince had committed to perform in Dublin's 82,300-seat Croke Park in June 2008, but withdrew without explanation just days beforehand, after 55,000 tickets were sold. The 51-year-old Prince did not testify at last month's hearing.
Kelly said Friday his order was specifically against Prince, not his agents from the William Morris agency, who were absolved of liability. Prince's lawyer Paul Sreenan consented to the order.
MCD lawyer Maurice Collins said he might seek to pursue Prince using a more powerful European Enforcement Order if the performer didn't pay up soon.
MCD, Ireland's biggest concert organizers, said it had paid Prince half of his demanded $3 million fee up front, another $950,000 to book Croke Park for the night, advertised the concert aggressively and refunded all 55,000 tickets.
During last month's court hearing, William Morris agent Marc Geiger testified that he rarely spoke to Prince directly and found him one of his toughest clients to understand or nail down.
Geiger said he told Prince of the fury that the singer was causing MCD owner Denis Desmond during a rare face-to-face meeting in Los Angeles on June 3, 2008. He quoted
Thursday, March 25, 2010
Suge Knight Beats Rapper Yuk Mouth and Robs Him of His Jewelry!
Suge Knight is a wanted man after putting hands on Yukmouth last night! This dude just stays controversial everywhere he goes.
Sources say it all went down at around 10 PM at a Ralph’s supermarket in the San Fernando Valley. According to a law enforcement source, Suge and roughly 10 members of his posse allegedly beat up Yukmouth and then took $92,000 worth of jewelry from him.
Sources say Suge and his entourage are suspects and cops want to question them. It seems there also a previous misdemeanor warrant out for Suge’s arrest.
The industry will always be on notice as long as Suge continues to bounce around!
Wednesday, March 24, 2010
Online Distribution Issues For Independent Films
In today's fast-paced media marketplace, new delivery systems for entertainment are continually emerging. Traditionally, programming has been delivered in theaters and by television and more recently by videotape and then DVD.More recently, digital delivery methods have appeared and offer new means of exploitation such as satellite for theaters (a theatrical right) or homes through services such as DirectTV (a television right), digital videodisc (DVD) (a home right), the Internet, and such systems used to deliver online streaming or downloading services.
Direct digital distribution is beginning to surface as a major way of providing movies to audiences online. Films that cannot attract a theatrical release can certainly have a presence online. The film industry is following the music industry by using the Internet as a way to expose their content.
This platform is placing a huge dent in physical sales, as witnessed in plummeting sales figures the last quarter of 2009. Those companies that are choosing to not take advantage of the digital market that has exploded over the last decade are fooling themselves. More independents are becoming largely successful by keying in on the digital markets that have been launched globally.
Independents are typically readily adaptable to market conditions and are ideally positioned to take advantage of new and existing online distribution opportunities, just as they were able to take advantage of opportunities during the early years of home video. Once you have determined that the digital route is right for your product, here are some key issues to consider:
The Grant of Rights
It is no secret that newer online digital distribution entities are trying to build product libraries as assets by taking expansive rights for long periods of time. Do not be surprised if a newer, less well known online digital distributor hands you an agreement that grants it all rights in all media worldwide, not just digital, online or view-on-demand rights. Do not be quick to give away more rights than you should. Get yourself informed and know the costs and procedures involved in new digital delivery methods and you will be able to negotiate knowledgeably from a position of strength.
A good number of online distributors, and especially the more established ones, will agree to license only digital or online rights for a limited term and allow you to keep the copyright and all other rights in your product. You may wish to split digital rights between different distributors: those that license downloads, those that utilize a streaming method of exploitation or both methods, or those involved in traditional all-rights exploitation like theatrical, television and DVD, such as the major studios and independent distributors. It is important to perform traditional due diligence, including Uniform Commercial Code and related searches to find out as much as possible about the commercial health and reputation of your online distributor. Before you grant any additional rights to your digital distributor, make sure you retain as many rights as you can (e.g., your right to sell packaged DVDs and merchandising items online). Also try to negotiate a fair advance or at least a 70/30 split of the revenue in your favor.
Exclusivity
As the online distribution process matures, fewer distributors will ask for exclusive online exploitation, but some may try. Because the online programming market is still developing, and iTunes and Amazon certainly have had a head start, few true leaders with large market shares have yet to emerge, so it is risky to grant exclusivity. A safe philosophy is to grant a nonexclusive online license for a limited term. This will allow the market to continue to mature and you will be able to reassess your position after a relatively short window.
Territory
Online distributors may ask for worldwide rights. Since you may prefer to license international rights or specific territorial rights in a completely different manner, try to get the online distributor to limit the territory to the United States or the specific territory in which it is primarily doing business.
Licensing Period
Your license term for online exploitation will first depend on what other rights, if any, you have previously licensed. If you have no previous exploitation, at least try to limit the license period to 6 to 18 months so that you can reassess the online marketplace in short order. Keep your license periods as short as possible.
License Fee/Payment Terms/Audit
Many online startups will claim poverty because the market is still developing so obtaining an advance against royalties for an online license may be difficult, but not impossible. If an advance is not possible, ask for a large share of the gross revenues for downloads, streaming or other licenses (50-70% is obtainable), and try for a share of advertising revenues associated with viewing your product. In addition to an advance and royalties, consider asking for stock options, and the right to purchase stock at lower than market rates.Specify the minimum rates to be charged for downloads and viewings.
Cross-Links
Make sure you include a provision that requires cross-linking of the online distributor's site with your official website for your company or product. Try to retain the right to exhibit the product on your official site as well as the right to sell merchandise, videos and DVDs of your product from your own site.
Residuals and Contingent Payments
Online distributors are not typically interested in getting involved with making any contingent payments to cast and talent or assuming any responsibility for residuals for the exploitation of your product online. Although this may be difficult, try to get the online distributor to assume the obligation to pay all current and future guild-mandated residuals for online exploitation payable to talent and other personnel who rendered services in connection with your picture. With respect to contingent compensation payments due to actors, directors, writers, musicians, producers and other talent, online distributors generally take the position that these are the producer's obligation.
No Sales Guarantees
The market for digital movie exhibition is still relatively new, and forecasting market potential is difficult if not impossible. With this in mind, you will typically find a clause that indicates that the online distributor has not made any guarantees, forecasts or other estimates, expressed or implied, with respect to the number of transactions, the revenue expected or the market share to be obtained from the digital exploitation of your movie. This sort of clause is typically non-negotiable.
As the computer-using and wireless hand-held segment of the entertainment consuming population continues to increase, as digital cable lines, DSL, wireless, satellite, and other systems continue to converge, and as delivery technology continues to improve, one can expect that delivery of motion pictures online or wirelessly will rapidly expand over the next few years. As the market matures, digital pricing, territorial limitations, development of an appropriate digital exploitation window, the issue of exclusivity and the appropriate license period will begin to stabilize and a set of even more specialized standard terms for online and wireless exploitation will emerge.
Monday, March 8, 2010
USTR Offers Answers To Some Thorny Questions On ACTA
USTR Offers Answers To Some Thorny Questions On ACTA
Posted using ShareThis
A letter from the United States government answering a variety of sticky questions about the controversial Anti-Counterfeiting Trade Agreement has been released online. The 28 January letter is addressed to Senator Ron Wyden (Democrat, Oregon) from US Trade Representative Ron Kirk.
The letter gives vague answers on the expansion of rights-holders’ ability to obtain information possessed by an alleged infringer related to the alleged infringement, and on whether ACTA parties would have to obey the Digital Millennium Copyright Act.
It also addresses questions about possible changes to US law, the definition of “counterfeit,” patent infringement injunctions, parallel trade, criminal penalties, dubious foreign patents, penalties for online service providers, the possibility of terminating internet services to repeat infringers, third-party liability for internet service providers, and inter-industry arrangements to reduce piracy risks.
The countries involved in the ACTA negotiations are: Australia, Canada, the European Union, Japan, Mexico, Morocco, New Zealand, Singapore, South Korea and Switzerland.
I am a supporter of controlling piracy, yet there are industries that depend a great deal on "street promotions" such as the Hip Hop mix tape circuit. There should be some control and restrictions for those that do blatantly pirate, but for those that legally are given intellectual property to promote within the infrastructure of their own career or business (dj, blogger, podcastor, marketing company, etc), I think there should be some leeway given for those few who are not trying to make a profit off it, except for advertisers on their digital media platforms. This could spell the end of the Hip Hop mix tape industry and those independent artists that use mix tapes as a vehicle for promotion.
Sunday, March 7, 2010
Mo'Nique Gives Best Performance In Acceptance Speech of Her Oscar Win
Yes it's been awhile, I had taken a hiatus, but now that Mo'Nique finally cleared that tremendous hurdle of winning the Academy Award for best supporting actress, I had to come share my opinion and talk about others that I've seen posted other places on the web.
It seems that overall consensus is that Mo'Nique pulled a Whoopee and snubbed the Oscars with her acceptance speech. I take it in a different light, because being in the business, and seeing so many African American dramas shut down even before taping commenced, it is not only an honor but a privilege to see yet one more African American woman take home Hollywood's most prestigious award. I am proud of her, and in awe of her at the same time. She could have gotten very egregious, but she kept her composure, and what seemed for some like an angry disposition, i took it as a show of strength to prevent herself from openly crying. She wore a blue dress and a gardenia flower to show her respect to Hattie McDaniel, who was the first African American to win an Oscar for her supporting role in "Gone With Wind".
I must admit though, that I never was a Mo'nique fan, but I do respect her body of work. I just hope that she unlike so many other African American women that have either won or been nominated, begin to get offers of roles befitting her Oscar win. This has not been the case in Hollywood thus far, with the best example of that being Halle Berry, who won a Best Actress Oscar in 2001, for her role in "Monster's Ball", , has yet to receive the type of roles in film that Meryl Streep, Sandra Bullock and others have been accustomed to being cast for.
At the end of her acceptance speech, the 44-year-old actress thanked her husband Sidney Hicks.
“To my amazing husband Sidney, thank you for showing me that sometimes you have to forego doing what’s popular in order to do what’s right,” Mo’nique said. “And baby, you were so right. God bless us all.”
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