Does Systematization affect all indirectly?

With the recent six-jury decision in the case of Trayvon Martin and George Zimmerman, America’s systemic oppression and its unfair judicial systems have evoked global controversy. As is evident in much of the ongoing conversations, Dr. King’s precepts, that eloquently illuminate the theory of “interrelatedness,” are apropos to examine, relative to the state of affairs, in one of the world’s most esteemed countries. Capricious unjust afflictions have been continuously perpetrated against Africans, who were enslaved, forcibly brought here, placed in bondage, and unmercifully beaten until they bowed down in total submission, were stripped of everything, and were allowed to own nothing.  Although the posterities of these Africans were born in America, they are constantly being denied equal constitutional protections under the law in the year 2013.  

Heirs of the Africans who built this land from their blood, sweat and tears are being overtly and covertly attacked beyond reason; physiologically, psychologically, judicially, administratively, politically, economically, socially, and otherwise. Throughout all of history’s deplorable degradation, African-Americans have remained dignified and have made substantial strides in overcoming prejudicial barriers. As President Obama expresses in his impromptu speech, regarding the jury’s Zimmerman is innocent verdict, although things appear to be getting better with each generation, he somberly relates to the plight and emotions of African American people through association. Hannity attempted to impugn President Obama’s profound use of affiliation by disdainfully attacking the president with disparaging analogies.  The commentator recounts conversations where one of Dr. King’s speeches is perversely juxtaposed and contextually retched to support the annihilation of an unarmed young Black Man.  

Renowned author and prolific negotiator Roger Fisher, advocates using connectivity to advance negotiations. Similarly, Dr. King’s statement, “We are caught in an inescapable network of mutuality, tied in a single garment of destiny,” impels thought provoking calculated actions to rise above ‘numwittedness’ as advocated by some.  Intelligence is demonstrated when people unite to affect the pocketbooks of the perpetrators of inequity, while simultaneously protecting their family, friends, entourage and fans from potential attacks and casualties.  While people are entitled to their own opinions, The Highest Power, will inevitably address those who obstinately cling to obvious wrongs, as expressed by one of the jurors, who may eternally experience sleepless nights. 

Detroit Free Press. Retrieved July 28, 2013 from

http://www.freep.com/article/20130726/NEWS07/307260050

Roger Fisher Beyond Reason. Retrieved July 28, 2013 from

http://www.youtube.com/watch?v=LMJcY5psm_0

Msnbc. Morningjoe. Retrieved July 28, 2013 from

http://www.

If You “Own Your Power,” Can Industry Systematization be Circumvented?

In light of the recent trademark infringement case, Kelly-Brown v. Winfrey, “Own Your Power” has become a controversial phrase, and one that I must admit is having a positive impact in my life. As a result of this powerful command, I have begun to take control of my own power. Having been discouraged by the lack of response from industry professionals to various forms of telecommunications, I walked bodaciously into the law offices of one of the most distinguished entertainment attorneys in the industry. Humbly, I requested an interview to complete this industry blog post assignment for my Advanced Entertainment Law (AEL) course at Full Sail University. 

Fortunately, reviewing the Kelly-Brown v. Winfrey case sparked a fire that has me walking in my authority. My primary objective was to complete an interview with an entertainment industry attorney who could answer questions pertinent for building TrueVine Entertainment and proficiently developing emerging brands. Simone Kelly-Brown’s courageousness, demonstrated by standing up to one of the world’s most powerful talk-show hosts in the world, helped me begin to synthesize the wealth of knowledge gained throughout my life. Win or lose the case, this can only be a win-win situation for Kelly-Brown. Her boldness to defend her brand rather than yield to the shadow of mogul Winfrey, has gained her respect, and new admirers, including myself.

“Entering action with boldness has the magical effects of hiding our deficiencies” and eliminating obstacles (Greene, 2000). One hurdle to overcome, in achieving success in the entertainment industry, is getting to yes from vetted professionals who have answers to the many questions that can help neophytes make their presence known and grow their business. Boldness, courage, and confidence are impressive traits that can help you gain respect of the “gatekeepers” who protect access to those who can help you achieve your dreams.

Through prayer, faith and owing my power, I was blessed to gain the attention of Sandy Hart, who has 30 years experience working as an administrative assistant for one of the firm’s founding partners. When approaching the very first gatekeeper, the receptionist, I calmed my nervousness with a warm smile, and rather than answering her question, “do you have an appointment,” I redirected by responding, are you Liz, I spoke with you over the phone last week… “Building an affiliation” came very naturally, as the office was adorned with some of my favorite flowers and she was in a glowing motherly way (Fisher and Shapiro, 2005). 

Thank you to Beautiful Ms. Hart

on behalf of all neophyte

entertainment professional who

may find benefit from this post.

The receptionist personally went to the offices of the executive assistant, who came out to greet me and gave me a very compelling interview before leaving for lunch.  I was very encouraged when Ms. Hart pulled out the questions that I had sent previously by e-mail. With clerical business skills honed at a local business college, Ms. Hart had had several years of experience working for attorneys before joining the team of entertainment professionals at the entertainment law firm. She stressed the importance of professionalism, multi-tasking, documentation and working efficiently and effectively to produce “win-win” outcomes for everyone involved.  She corroborated many of the lessons learned throughout my studies, including the importance of networking, modeling successful people and using social media to build a fan base.

Ms. Hart emphasized that artists must be very proactive in their own career by availing themselves to every possible opportunity, including auditioning for local showcases sponsored by radio and television stations, as well as studios offering industry competitions. They must, “power through rejection,” avoid procrastination, constantly refine their skills and stay abreast of technology as well as other events and trends that affect the industry. Her best advice for artists to build a reputable team, in order of importance, is as follows:

1.     Develop convincing talent that makes you outshine your competition.

2.     Be knowledgeable about the industry and your plan.

3.     Conduct research to find opportunities.

4.     Always have business cards on hand with current information and headshots.

5.     Audition, apply to showcases and competitions

6.     Network at auditions, festivals and through social media.

7.     Get noticed by utilizing YouTube.

8.     Find an agent who is committed to your best interest, who has connections and who can present your plan.

Once an artist establishes an impressive fan base they will be better positioned to attract the attention of a manager or agent for representation. The hiring of an entertainment attorney is usually done when there are actual deals to be made and agreements on the table.  The search for an entertainment attorney can begin with industry referrals and continue with an Internet search and contacting the local Bar Association to see if they have a referral service.  Attorneys will generally have access to referral lists that can identify agents, publicists and additional resources to help the artist build a reputable team.

I began to immediately implement some of Ms. Hart’s suggestions into managing TrueVine artist Negus RA, by demanding that he put a music video up on YouTube immediately. This helped me to connect with the artist and gain a better understanding of his music. Although my preference is for love music, listening to THA INTRO helped me realize that this emerging artist has great potential to write cutting edge music for movies such as the box office hit White House Down. Save the President, a lot of people went home in “body-bags.” 

Allen, P. (2007). Artist management for the music business.  Elsevier Inc., MA

Fisher, R., Shapiro, D. (2005) Beyond reason: Using emotions as you negotiate. New York, The Penguin Group.

Greene, R. (2000). The 48 laws of power. New York. The Penguin Group.

Are Legal Woes for the Rich and Famous Rooted in Systematization?

Bureaucracies grounded in suppression, through actions and/or inactions that result in people suffering from scarce resources and unfair practices, have long been associated with the woes of the economically and socially deprived.  

Could similar systemic forces be the root cause of situations that lead to excessive litigation for many entertainment artists? 

We must remember that oppression of one is oppression for all.  In his Letter from a Birmingham jail, Dr. Martin Luther King, Jr., states the concept more eloquently as in the excerpt below:

Moreover, I am cognizant of the interrelatedness of all communities and states… Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial "outside agitator" idea.

The accuracy of Dr. King’s treatise manifests through the reactions and consequential realities that exist for those closest to the oppressed as well as through the onlookers of inequity. Our interdependencies can lead to encounters that may yield conflict. However, being draped in the cloak of togetherness thus bonded by truth, harmoniously resolving conflict based on prudence should be our primary goal. Commitment to practicing the fundamentals of positive productive negotiations that generate mutually beneficial returns when transacting entertainment management business will minimize potential litigation. 

The absence of these basic principals can cause dissention that spirals into legal liabilities, which cost substantial time, money and enormous opportunity costs. These factors weigh heavily on an artist’s career. Such can be witnessed from an examination of events that lead to the social, economic, legal, psychological and physiological demise of many artists historically.  Most recently notable among this vast group is Michael Jackson.

As one who is greatly inspired by my cyber-mentor, who is living with retinopathy, the case of Cariou vs. Prince is currently relevant to a gift I personally created from the protected work of another artist. Motivated through my studies, I commissioned an artist months ago to create a very special gift. The artist was unable to deliver the gift; therefore, I was inspired to create a unique gift that could be seen through the eyes of my online mentor. Studying the impact of the case has eased my concerns about transforming another’s work without obtaining express permission. This case confirms that newly transformed artwork would be protected under the doctrines of fair use if it is distinctly different and transformative.

Two weeks prior to Stevland Morris’ birthday and a few weeks before the seventh year anniversary of his mother’s transition, I witnessed an interview in which my life-long hero appeared distraught about the potential for nuclear war to arise. Realizing that this time of the year could be stressful for him, particularly coupled with his inability to, like Dr. King, live outside of the realm of festering world discord, I felt a deep need to deliver a gift that would uplift him and let him experience the return of love and joy that he shares through his music and never-ending good deeds.  According to the doctrines of fair use, because my artistic concept is not only uniquely different, it has the purpose of transforming the Rotell etched pencil drawing for the sighted into the Searles & Allen creative artistic form for the blind and visually impaired to see, therefore it should be protected under the fair use doctrine. In the case of Cariou vs. Prince, the lower court ruled in favor of Cariou on the basis that Prince’s works were not transformative because he did not comment on the original works of Cariou.  This decision was unanimously reversed on appeal with three judges consenting that comment on original works is not prerequisite to demonstrating transformative use.

          Would Black Jesus on the right qualify for the fair use defense to copyright infringement?

Searles & Allen
Black Jesus
for the Visually Impaired

Rotell
Black Jesus
Original Print

My interpretation of fair use is clear; on the other hand, the decision in the Kelly-Brown v. Winfrey case where a U.S. Court of Appeals overturned Oprah Winfrey’s victory in a New Jersey district court arising out of trademark-infringement allegations is perplexing. “The First Amendment prevents a trademark owner from using trademark law to limit public discourse (Butler 108).” Winfrey’s legal team argued this defense, however, on appeal the judge stated that Winfrey’s argument was inadequate for supporting the fair use defense. 

The most heartbreaking case in current history that could affect my business plan is the kind of perpetual litigation that tormented Michael Jackson and which now plagues his mother, Katherine Jackson  as well as his children, who filed a wrongful death suit against the promoter and producer of the concert that resulted in the entertainer’s fatality.  Anschutz Entertainment Group (AEG) is accused of being negligent in hiring Dr. Conrad Murray without conducting a background check.  Julee Milham, former Chair of the entertainment Art and Sports Law section of the Florida Bar and a guest lecturer for a Full Sail University class, highly emphasized the importance of conducting investigative research on all people that will be interacting with artists in her top advice for Advanced Entertainment Law students aspiring to become artist managers.

AEG’s accusations of extortion by the Jackson’s, in my opinion, represents shameless debauchery and the epitome of humiliation to the Jackson’s, their friends, loved ones, and loyal fans.  Apparently throughout the life of this ancestral Prince of Peace, systems of greed resulting in the exploitation of some major artists has plagued Michael Jackson’s soul as the true extortionists thrive from the pain of his genius, even onto his transition.

As a TrueVine Entertainment Product and Artist Executive, it is my goal to utilize the knowledge gained through the research conducted herein for the purpose of providing clients with strategies that limit liability and to conduct sagacious business interactions that protect intellectual property.  We will protect artists from burnout as well as conduct background and security checks on everyone having contact with our artists.   

Butler, Joy R. The Permission Seeker's Guide Through The Legal Jungle: Clearing Copyrights, Trademarks And Other Rights For Entertainment And Media Productions. VitalSource Technologies/MBS, 062007. <vbk:MBS1001866#page(108)>.

Can Blind Faith Negotiations Obviate the Evil of Systematization?

Unfortunately, co-author of the texts used to teach Negotiation and Deal-Making (NDM) skills at Full Sail University, Roger Fisher, transcended this lifetime on August 25, 2012 at the age of 90. Fisher co authored the book “Getting to Yes: Negotiating Agreement Without Giving In” with William Ury and Bruce Patton and the book, “Get what you want: Improve Your Relationships:Beyond Reason Using Emotions as you Negotiate.” Fisher advanced the theory of talking to those whom some may consider terrorist- minded human beings. He used the principles of listening to ascertain the concerns of Iran’s Ayatollah during the 1981 hostage crisis. Fisher says, “[One] can learn more by listening than by judging from a distance.” In an effort to access the root of the dissension between countries, he advocates that a President should use second level people to initiate negotiations.

One of Fisher's co-authors and colleagues, William Ury, corroborates his theory, referring to the second level team as "the third side" of a conflict. Ury defines the third side as, “us, the community, the friends, the allies, the family members, the neighbors.” Ury goes on to explain that the role of the third party is to help take conflicting parties to the “balcony… a metaphor for a place of perspective where we can keep our eyes on the prize.” We remind the parties of a conflict what is at stake and help them get to the 'balcony' in resolving the conflict. In his conclusion, Ury empowers us with the secret to peace, which is, “The Third Side.” He recounts an African Proverb, “When spider webs unite, they can halt even the Lion,” and analogizes that, “if we’re able to unite our third side webs of peace, we can even halt the lion of war.” Ury admits that in its simplicity, it is not easy to resolve conflicts involving the use of weapons of mass destruction; however, he avers that in his almost four decades of involvement of global negotiations, he has, "yet to see a conflict that cannot be transformed" utilizing the third party approach. He further invites us to consider taking the third side to assist in bringing the world a step closer to peace.

Stevland Morris, my cyber mentor, is so troubled by the tensions rising due to the threats being made by North Korean leader Kim Jong-un to wage nuclear war against the U.S. and its allies that he is requesting an invitation from President Obama to personally visit Jong-un as a third side to obviate the devastating “Evil” that would result from such an attack on humanity. In an interview with, Mesha McDaniel, Sir Stevland Morris expressed gratitude for the Divine Blessings of being the personification of Stevie Wonder, but he believes that the Creator also has a more Supreme Ordination for his life.

From the comments made during the Wonder and Hayes backstage interview at the Academy of Country Music Awards, I surmise that liken to Jesus and many of the great prophets that followed in His footsteps, Sir Stevland is an ambassador of love and peace, who is destined to use his music to help save the planet from self-destruction. There is no doubt in my mind that, just as the pied piper in the fable saved the town from being destroyed by rats with his pipe, Sir Stevland can use the Harmonica Man and his sultry pipes, to turn shouting threats of harm into singing songs of happiness; thus potentially saving the world through love and music.

However, for “Blind Faith Negotiations to obviate the evil of systematization," that could result in nuclear war, it will be necessary to organize a dynamic team to assists in accomplishing this task. As Stevie Wonder’s 'online graduate student' artist manager, I would say to President Obama, in considering your second-level or your third side negotiation team, “Please contract renowned and vetted negotiator, William Ury of the Harvard Negotiation Project to coach and accompany Sir Stevland, as well as myself to help conduct Stevie’s business affairs and to manage his diet, while I simultaneously make real-world connections to gain mastery of negotiation skills.” With a third party team, ordained by The Most High, that includes Stevland Morris, William Ury, and Queen Searles, among others; the United States of America will be blessed to have a balcony experience where we can all enjoy life more harmoniously on Higher Grounds.

Systematization Infiltration No - ‘Wonder Blunder’

In my initial Blog Post, I defined systematization as “the debilitating condition resulting from bureaucratic systems of operation that tend to impede and place limitations upon an individual and/or an organization’s ability to excel beyond the constraints of scarcity and surpass their highest expectations.” I further stated that “at some point throughout one’s career journey, they will likely encounter systematization.”  The effects of systematization have found its way into the University of Hawaii through a scam that has caused them embarrassment and the loss of over half a million dollars including the cost of cover-ups and investigations. Government officials required the university to publically reveal details related to what the media has termed, the “Stevie ‘Wonder Blunder’ Concert.” 

Infiltration and collusion between university employees and others posing as the business manager for Stevland Morris is no “wonder blunder.”  No duplicitous catchy title, with overtones that could lead reads to believe that Stevie Wonder or his management team could possibly be involved in such a fiasco, should be used to headline such vile transgressions.  As pointed out in the article, university officials did not exercise due diligence in checking the background of those impersonating Mr. Morris’ agents.  It is incomprehensible that a blatant conspiracy could be trivialized as a blunder, in other words mistake.  Any university clerk, secretary, or administrator could have easily contacted anyone at any of Mr. Morris’ establishments to confirm the name of his business manager.  It should be standard practice for any business professional to corroborate an event before disbursing funds.

Mr. Morris is blessed to have astute managers such as Brett Steinberg and Rob Light, representatives of Creative Artists Agency (CAA), as gatekeepers of his business affairs.  Exactly how they became aware of the unauthorized concert was not disclosed.  However, they prevented Stevie Wonder fans from experiencing the pain of showing up for a fiasco that would have left everyone wondering how our hero could disappoint his lifelong fans. 

Principled Negotiations - Freedom from Arbitrary Systematization

Although I was unable to make timely inquiry and receive a response from Simon Cowell, the industry professional whom I would most like to interview relative to the topics detailed in the Full Sail University, Negotiating and Deal Making (NDM) course textbook, Getting to Yes…; I was able to gain valuable answers to most of my proposed questions. My first question, “Please elaborate on some of the primary ground rules that you establish in conducting negotiations and discuss how these rules assist in producing mutually beneficial agreements,” was practically addressed by Jake, host of The Voluntary Life.  In his podcast Jake references our course textbook, Getting to Yes and suggests some of the following very fundamental ground rules for conducting win-win negotiations:

1.     Write everything down.

a.     Organize a trusted system for keeping track of all correspondence pertaining to each negotiation project in one place, i.e., create folders or tags.

b.     Send an email after each discussion summarizing pertinent details of the negotiations and soliciting participatory communications and confirmation.

c.     Act as secretary to the negotiation process.

2.       Be explicit about standard terms from the onset of negotiations.

a.     When and how you expect to be paid.

b.     State how you want to conduct business succinctly.

c.     Stipulate how modifications will be handled.

3.     Limit Indemnity.

Following these primary rules will serve as pillars of freedom from subsequent confusion and disputes and will facilitate reaching agreements that result in achieving mutual pursuits of happiness between parties.

Associate Professor in the School of Communication Culture and Technology at George Town University, J P Singh, addresses my second question, “How do you effectively keep the negotiations focused on the issues rather than the positions of the people involved in the negotiations?” In The University of Oxford Podcast giving incite into JP Singh’s book, Negotiation and the Global Information Economy, Professor Singh stresses the importance of a diffusion of power and diplomacy as effective tools in adjusting positions so that mutual gains will result. Interestingly, Singh accounts for social interactions in changing positions and develops a philosophy of how and when interests are changed based on expanding social perceptions through interactions. He also focuses attention on negotiations being based on problem solving as mush as on strategy. Singh’s theories will help in my entertainment business by assisting me to remain confident and steadfast in my status relative to conducting negotiations with powerful negotiators.

The IDN Podcast with International Dispute Negotiation host Michael Mcllwrath, and mediation mogul, William Ury, Co-author of our course textbook, Getting to Yes… with William Fisher, superbly answers my third question, “Will you please give an example of a situation wherein you used objective third party criteria to reach a just agreement?” Absolutely intriguing mediation strategies by Ury provide compelling support for Mediation as an evolving attractive third party response to resolving conflicts based on fundamental ground rules that results in settlements by the “ballot rather than the bullet.” Ury identifies the basic principle of listening as one of the standard tools of negotiation necessary to the process of getting to the substantive interests of creating win-win constructive resolution and resolving negotiation impasse. The attention given by the host and Ury, to a situation wherein the larger community, those who surround the parties, became the objective third party criterion used to obtain fair resolutions is impressive.  It focused my attention on the importance of garnering community support from family communities, as well as, from online social communities while building the SunVine enterprise.

References

The Voluntary Life. Entrepreneurship Part 7: Negotiation. Retrieved March 7, 2013, from

       http://youtu.be/jWSGF7GR0FM.

University of Oxford Podcasts. Negotiation and the Global Information Economy. Retrieved

       March 6, 2013, from http://podcasts.ox.ac.uk/negotiation-and-global-information-economy-

       audio

IDN Podcast No. 101--William Ury on Negotiating Toward a Better World (Nov. 23), Retrieved  March 6, 2013, from http://www.cpradr.org/Resources/ALLCPRArticles/tabid/265/ID/736/IDN-Podcast-No-101-William-Ury-on-Negotiating-Toward-a-Better-World-Nov-23.aspx