It appears as though Lil Wayne may not be in the studio ‘rapping’ for a while. On Monday he appeared in a Manhattan criminal court to officially be sentenced for having a loaded gun on his tour bus. The incident happened in the summer of 2007.

Luckily for him, his one year sentence will be of a more elegant nature – apart from the rest of the prison population. If good behavior prevails, he may see parole after eight months.

Ironically this criminal sentence dawns on his rising career as rap icon, and recently ‘actor.’ The last year (2009) has proven quite lucrative for him with his tours grossing almost $42 million, supporting a wide variety of artists along the way. In addition, according to Billboard, in 2008, he earned $57.44 million personally.

As one of the ‘richest’ and most well known rappers and music artists in the world, this incarceration could cause not only a financial stress to him, but also groups that cover on tours and even the few that collaborate on albums. Lil Wayne is a catalyst and a transformational figure in the music industry; with him out expect some sort of ripple effect to follow.

We know he’ll be back, better than ever – expect ‘Tha Carter’ to be developing some new material in these next few months. However, what will the affect be on the entertainment and music industry while he’s away?

When the video game, Call of Duty: World at War first came out, all kinds of sales records were broken. Although some of the novelty of the game had worn off after the launch date of the title – as is true with most games – the sales were spurred by release of new maps that players could manipulate. Additionally, players of the game found out that, when the “Campaign” mode in the game was completed, a mini-game would be unlocked. That mini-game is called “Nazi Zombies”, and many of us are quite aware of its existence.

The inclusion of the new maps and the “Nazi Zombies” mini-game effectively prolonged the commercial viability of the game. Purchasers of Call of Duty were likely to at least try the mini-game, “Nazi Zombies”. Those people who tried the mini-game and liked it were potential purchasers of all the new maps that were released for it. Thus, the inclusion of the mini-game meant that at least some of the end users would download the extra maps.

For those of you who have not played “Nazi Zombies”, it is a first person shooter game set in the same place and time as the full version “Campaign” (ie World War II in the European and Pacific Theaters) of World at War.  In “Nazi Zombies”, players are placed within a bounded area and wave after wave of dead Nazis or Japanese soldiers turned zombies attack from the surrounding area. The players have to fend off the zombies with weapons from the “Campaign” mode which can be purchased using points earned while the player runs through the structure. The player earns points by injuring and killing zombies which can be used as money to purchase weapons and other items in the map.

The point of the inclusion of such mini-games with their full-version counterparts is that sales increase, whether those sales are of the full version game or are back-end sales. Some people (like me for example) have purchased copies of the game primarily for the “Nazi Zombie” mini-game, and then pay more to download the extra maps.  These back end sales are easier to make than new sales; if I sell you a video game for $60, you are more likely to buy a $10 map pack for that game than you are to buy another $60 game – you are already invested and are willing to improve upon that investment before you are willing to invest in something entirely new.

This is the major premise on which my proposed licensing system is based: the more “stuff” included with a video game that can be used to leverage more profit from the end users, the better. But, as of now, there is a limit on what types of “stuff” is included with video games.

Minor premise: If this “stuff” is released at intervals (rather than all at once) in such a way as to give end users piecemeal access, commercial viability of the game can be maximized. In the context of my example with World at War: the game was popular, so it sold well, but the popularity declined in time; the inclusion of Nazi Zombies helped stimulate the popularity, but popularity still declined over time; the inclusion of downloadable map-packs helped stimulate popularity as well, but when end users lose interest in the gameplay of a given video game, map packs only help marginally.

Thus, a typical owner of World at War purchases the game for $60, then coughs up even more money on the back end in order to get the slick new maps (required to play online). In other words, if the end user likes the “stuff” that comes with a video game, he or she is likely to buy all of the incidentals – the back end sales –  and he or she will be satisfied paying money for what is effectively a greater freedom in using the video game.

So, if another extra could be included with games like Call of Duty, wouldn’t commercial viability be further increased? And if commercial viability could be increased, while at the same time adding value from an end user’s perspective, why not release the extra? I believe that there is at least one kind of extra which may still be released – modifications, or mods.

Mods “can include new items, weapons, characters, enemies, models, textures, levels, story lines, music, and game modes.” Right now, mods are only created by developers – “Nazi Zombies” is such a developer created mod. But, back “in the day,” mods created by end users were abundant. In fact, one of the most popular first person shooters of all time, “Counterstrike,” was a mod created by an end user, but which later became a commercial developer-backed mod of the full version game of Half Life.

This could be accomplished in a number of ways. The rights holders of the video games could open up the source code for a fee – so called open source software, or the rights holders could merely allow owners of copies of the games to modify the gameplay, a la Half Life: Counterstrike – again for a fee. Either way, freeing up the end users rights to the video game’s code would create a community for any game that could be modified to create new gameplay. The developers, publishers, producers, and distributors of the game could charge a reasonable fee for freeing up rights to modify the game, and assuming the provision of greater rights gives the game more playability, the commercial viability of the full version game will be increased.

Allowing the end user of a video game to modify its content spurs creativity on behalf of video game fans. End users could modify games so that players could interact in different levels or maps, like in Duke Nukem 3-D. In fact, Duke Nukem 3-D came with a “build engine” that would allow users of the game to create their own maps, complete with new textures and 2-and-a-half-D “sprites”. New textures and characters can be added to a game. New game types, like those in “Counterstrike”, can be added. Weapon characteristics, character types, armor types, and any other configurable piece of code in the game is prospectively subject to a mod, like the PC game Tribes.

When each video game extra costs between $9 and $10 on the back end, selling twice as many due to something as simple as including an interesting mini-game or map pack is a lucrative prospect indeed (at least for the developers, publishers, producers, and distributors). Back end sales are also beneficial to end users to the extent that the video games are decent and the extras sold on the back end somehow improve upon this decency.

These days, rights holders can lock up their content pretty well. They have DRM and the DMCA and plenty of lawyers who do not care who they sue. But, what is the point with locking up the content of a video game that is losing its commercial viability merely because its content is locked up? If users were able to manipulate the code of a game, amateur creators would be allowed to hone their skills in creating modifications of existing games. All parties involved would be benefited; the developers, publishers, producers, and distributors all benefit from a longer commercial life of the video game, and end users benefit from increased playability of video games in which they invest.

Assuming such modifications are made during a time when commercial viability of the original is in decline, the market for the original is likely to be helped, rather than harmed.

The task of freeing up the rights to these video games could be accomplished by allowing users of whatever platform the video game is released on – XBOX 360, PS3, WII, or computer – to download a patch to free up the rights, or simply to download the source code of the game.

Let’s bring back the mods…

First, I think Seth is correct.  Obviously, or I wouldn’t be posting.  Right off, I’m thinking about whether I’m one of the “mass” group (those that ignore ads) or in the early adopter group (call me a laggard and we might have beef).

With few exceptions, I’m in the “mass” group.  Those exceptions are few because there’s only a few things I’m truly interested in or find extremely important. Sound familiar? I early adopted Google Chrome, for example, because I spend so much time on the web and was not happy with Firefox, let alone Explorer.  But for the most part, I’m in the mass group even in areas of interest such as music.  There’s just too much available NOT to apply a significant filter and just plain ignore most of what comes across my field of perception.

I was at Bonaroo several years ago.  It was fun, but I actually remember very little.  Substance-intake aside, I do remember a band that I didn’t stay to watch (I went to the Medeski, Martin, & Wood tent instead): The Flaming Lips.  Why did I remember?  Because everyone was talking about them and how crazy they were and that they jumped around in bunny suits.  This is just an anecdote that doesn’t prove Seth’s point.  My point is, The Flaming Lips achieved the first levels of marketing success–recognition and recall–just by being remarkably different and garnering the interest of a select group of early adopters.  (For those that haven’t heard of them, The Flaming Lips are not new; they’ve been  successful over the long term and are known for exceptionally bizarre live shows.)

I came across an interesting example in another area of entertainment with the guerrilla-advertising campaign for Dante’s Inferno, a video game based on the first part of a medieval epic novel in which a man descends through hell.  Their advertising campaign was most successful when it targeted the early-adopting and truly interested few: Video Game Bloggers! (there’s some fun stuff to read in this breakdown of the campaign)

Okay, so if this has piqued your interest to consider how this might help you, here’s my thoughts on the how:

The Agent

How are we and what we offer clients remarkable?  Across the way at SportsAgentBlog, we find a piece on the potentially damaging result of agents’ intuitive knowledge that remarkable is important to marketing.  However, the difference for those that promise big results and what Seth was talking about is to focus on whether the PRODUCT is remarkable (i.e. the agent and what he’s doing).  The RESULTS, which are the subject of so many false promises, are to be judged by the consumer/entertainer/client.

The Client

How are our clients and what they offer remarkable?  I think this is an area where agents can start to contribute much more value to clients.  The old saw is that artists don’t want to sell out and adhere their art to the “business realities” espoused by agents, producers, et al.  The revelation based on fringe sales is that it’s not about selling out or buying in, but pushing the art to the extreme and striving for perfection.   And if that artistic extreme incorporates neo-strange oddness ala The Flaming Lips bunny suits, that’s cool because they are remarkably different.

The Target

Lastly, we need to consider our clients’ clients; i.e. the consumer.  Who are the select few early adopters that care so much that they’ll spread the word and make your clients’ product successful?  For music, I am patting myself on the back some because I’ve written about this in earlier pieces: DJs that actually put shows together (unlike many U.S. terrestrial-radio DJs) are a perfect example.  For actors and many others, we realize there are folks between the artist and the end-consumer.  A film actress needs to self herself to a director before an audience of film-buffs can give the thumbs up and spread the word.  However, applying Seth Godin’s thought, we can see some other opportunities, such as focusing on getting exposure with film societies and (again) bloggers devoted to serious acting.

That said, there’s an implied point in Seth’s talk that will be very important to your client.  While “safe” is risky (because it’s near-guaranteed failure/mediocrity), “risky” is still risky–i.e. your client’s remarkable will not necessarily match-up with enough folks (or the right kind of folks) to proliferate via word-of-mouth or reach enough folks to make money.  In other words, the counsel we agents might find ourselves providing would-be entertainers is:

Commit all the way and make your art remarkable.  If that doesn’t grab people , then we’ll have the opportunity to reinvent ourselves and give it another go.

I’ve been watching as many videos over at TED recently as my spare time allows.  TED, for the uninitiated, is a gathering (in person) and collection of mostly videos (on the web) by some exceptional people doing and thinking some exceptional things.

Take a look… I’ll wait.  Okay, here are the Cliffs Notes:

• The standard mass marketing approach is wrong because there are too many choices and people don’t have time.  The “mass” (the middle of the bell curve between early adopters and laggards) are really good at ignoring and often consider advertisement an annoyance.
• Successful marketing targets the products to a select few who really care about it then spread the word.   Example?  At the time, Steve Jobs was giving his talks to 50,000 nerds and the iPod was about 1-year old.  In the video there is also a staggering Pearl Jam example.
• “Safe” is risky.  Average products for average people is now risky.
• “Being very good is one of the worst things you can possibly do.”  It is boring.

So here’s the part where we need to think how to apply this as agents.  I’ll post my thoughts in Part II.  In the meantime, what’d you think?

She hasn’t been reached for comment, as she has apparently fled the scene on foot.

This incident is one of many over the last few years, including an altercation with a housekeeper in 2007, where she pled guilty to a misdemeanor. This list of run-ins is exhaustive.

Since beginning in modeling, she has been credited in films such as Miami Rhapsody and Ali G Indahouse, as well as the television show Ugly Betty, among the few.

Some personal advice, do as to others as you would want done to you – courtesy of civility and common sense.

This was the first Australian trial to be covered on Twitter – demonstrating the enormity of the case.

The case was important because it set a legal precedent as to what ISPs are required to do to prevent customers from downloading movies and other content illegally.

In a 200 page judgment, Justice Cowdroy held that the evidence established that iiNet had done no more than provide an Internet service to its users. It was found that the ISP provided a legitimate communication facility which was neither intended nor designed to infringe copyright.

The studios claimed that the ISP was liable for authorizing copyright infringement because it failed to warn offending customers when repeatedly notified of the infringements by the studios. The studios had hired an online investigatory firm to intercept BitTorrent traffic and record instances of iiNet users downloading pirated movies.

This decision appears to be consistent with the theory of secondary copyright liability developed in the US case of Sony v Universal: the lack of control over the system meant that iiNet had no legal responsibility over its users, despite knowledge that some users were infringing copyright.

As far as Australia goes, this case proves that if you provide facilities that assist in infringement but you do not have control and do not act in bad faith, you will not be liable for secondary copyright infringement.

Gene Goodsell is the Managing Director of an entertainment management firm (www.navitasmgmt.com) and law firm that specialises in media & entertainment law (http://www.navitaslegal.com/entertainment-law.php). Both firms are based in Sydney but have strong links to agencies, management firms and law firms in Los Angeles. Please contact Gene regarding any global media & entertainment issues.

Two that seem to be generating the most hype are the relationship of Reggie Bush and Kim Kardashian and the upcoming Anti-abortion commercial featuring Tim Tebow. Hollywood and politics aside, these two topics are quite interesting in themselves.

Earlier this week, in an interview with UsMagazine.com, Bruce Jenner, step-dad to Kim Kardashian, revealed that the family already has a Gold Medal (his) and an NBA Championship ring (Other step-daughter Khloe Kardashian’s husband, Lamar Odom), and was ready for a Super Bowl ring as well.

It’s hard to tell how Reggie Bush truly feels about this, but my instincts lead me to believe that it’s unnecessary pressure. After all, Reggie is the one that has to perform, and in the last three seasons, expectations have been sky high. The outcome on Sunday could deter his critics and potentially convince Saints management that their draft pick (and cash) was well invested.

Tebow will be the focus off the field, with his feature in a politically acclaimed conservative ad. Focus on the Family will fork out the cash to feature him in a 30-second commercial advocating against abortion. The Super Bowl ads are intended to amuse and mystify, but this one is doing just what it was intended, create controversy and awareness.

CBS has also come under fire for denying a gay dating-site from purchasing ad time during The Big Game. This begs the question: What is the bright-line for advertising?

Regardless, whether it’s half-time or in the through of the fourth quarter, expect plenty of cameos of the Kardasians as well as a ‘little’ Tebow.

It seems to be something out of The Maury Povich show, with Jay Leno and Conan O’Brien the centerpiece of the discussion, titled, “My coworker stole my show,” and the crowd, ever so angry, jeering at Leno for what many perceive to be an injustice (his “taking” from Conan).

Yeah. You be angry, fans, bloggers, and B- celebs, because Jay Leno only carried late night for almost two decades, holding the number one spot for a significant portion of that time (As of 2006, reports indicate The Tonight Show led late night for 11 straight seasons).

Conan had seven months, the wrong demographic, and no excuse for losing viewers. He tried and it just did not work out.

What befuddles me is the backlash of everyone familiar with the situation. In a recent sit-down with Oprah Winfrey, Leno acknowledged many of the nuances in the past few weeks relating to him, Conan O’Brien, and NBC.

Why should Leno step aside if he is getting big named guests, leading the late night trio, and pleasing the ratings hounds?

I just cannot comprehend how in an industry where ratings are everything and keeping it ‘hot’ is the new norm, that a network would find a plausible reason to “change it up.” That being said, NBC will likely see long-term fallout from this, as Conan will likely sign with another network next fall (FOX?).

Queensland is a northern state of Australia that is nicknamed the ‘Sunshine State’, due to its warm weather and tropical positioning. The region is surrounded by warm ocean waters and features the world-renowned Great Barrier Reef.

The new James Cameron film, Sanctum, joins the growing list of international productions being filmed in Queensland. For the filming of Sanctum, the water tank facility at Warner Roadshow Studios on the Gold Coast will be utilised. This is the largest of its kind in the Southern Hemisphere.

At the moment, there are over $52 million of Queensland Government supported film and television being shot in Queensland. Last year, production expenditures were approximately $160 million. This is a very good figure, considering that the world was in the throes of the Global Financial Crisis in 2009.

The British reality TV series ‘I’m a Celebrity, Get Me Out of Here’ was recently shot at locations around the Gold Coast and Stradbroke Island. Meanwhile, the major international production ‘The Chronicles of Narnia: Voyage of the Dawn Treader’ wrapped production at the end of last year.

Part of the Baz Luhrmann epic ‘Australia’ was shot in Queensland. Apart from the generous government incentives on offer, one of the main reasons for filming occurring in Queensland is the natural beauty of the Whitsundays (location of the Great Barrier Reef). Much of this region is characterised by turquoise water, palm trees and pristine white beaches.

For more information on shooting a film or TV production in Australia or the Asia-Pacific in general, please email me at ggoodsell@navitaslegal.com or call +61 (0) 488 139 921.

At North Caroline and East Eager in Baltimore stands a non-denominational, “enthusiastic, charismatic” Pentecostal church.  Sunday evening, January 10^th, this center of soul was host to the Mad Genius Drums of–err, Bishop QP (Quincy Phillips) and his merry band of faithful minstrel magicians.  The gathering included:

• The Young Lions Connexion—Chris Funn (Bass), Allyn Johnson (Keys), and QP (Drums, Keys, Vocals);
• Samir Moulay (Guitar);
• Corey Baker (Bass);
• Quamon Fowler (Tenor Sax);
• Linea Boyd and Sabrina Wright (Vocals);
• Bryan Davis (Keys, Vocals);
• Cornell Shaw (?);
• Von Vargas (Emcee) with DJ SOP;
• Kathy Richardson (Spoken Word);
• Tim Green (Alto Sax);
• Lee Pearson II (Spoken Word);
• Tabitha Pearson (Vocals);
• Elevation—Adam Johnson (Bass), Mike Reed (Drums), and Kenny Shelton (Keys); and
• Micah Smith (Vocals).

I attended as a friend of the Bishop, a curious observer, and a lover of music.  However, in the standard model of networking this event was an excellent example of a means for an (prospective) agent to expand his knowledge of a local scene and parlay one relationship into many.

East Baltimore Deliverance Church’s neighborhood has a history of struggle—drugs, poverty, teen pregnancy, and crime are all on the rise according to locals.  Buildings and ex-apartments are ramshackle, the green is mostly gray-brown, and the church stands as a lamp’s light of hope a half block up from a mostly vacant strip mall.

The building creaks, thumps, and hums with the spirit of its people.  Downstairs there’s talk by teens of getting ‘the group’ back together if their soprano comes back from NYC.  She’s shy to sing in the presence of the others.  An impromptu “Lean on Me” fires up and, amidst the laughter, the ice breaks. When it does, the shy girl sings and it’s silken from the start. They know to break upstairs with at least 30 minutes to spare to ensure premium seating.

I’d arrived in the morning by train, bleary-eyed and thanking the cold bite in the air for the wake-up call.  It wasn’t long at Penn Station before QP arrived. He lives clean—no smoke or drink—but had been up late playing and so was a bit bleary-eyed too.

Through the years I’ve found myself guest in many homes. It’s something I’ve always been comfortable with and it’s always warming to be received kindly.

QP is not one for introductions and doesn’t have to. Grandma (the Apostle) and I connected immediately as I’m sure she’s accustomed to—the church’s matriarch and founder, the Apostle is clearly the Bishop’s charismatic lineage.  She and the many others I met over the course of the day were extraordinarily welcoming.

The evening featured many performers.  A few performances really hit home with me.

Elevation is a gospel collective cobbled together from years of world traveling with such gospel luminaries.  Their first song captured their presentation and caught me by surprise, starting with an extended mood-groove (not the kind I’m personally fond of but it was well-executed) and shifted into a rock-gospel drive that, though very different in sound had a similar effect as listening to Jimmie Hendrix and Stevie Ray Vaughn’s versions of Voodoo Child.

Kathy Richardson read a single (and thankfully) extended poem.  Now I’ve long-wanted and often tried to write a poem about music, about its effect both universal and personal, about its character and power.  There’s no longer any need.  Kathy, if you are reading, I would very much like to acquire a copy—preferably, of you reading it.

Quincy Phillips took the occasion to introduce some spiritually-influenced solo work. It was fantastic and not what one expects from ‘spiritually-influenced’ music.  With him on keys and vocals and Linea Boyd, Sabrina Wright, and Brian Davis singing backup, the audience was treated to something akin to Andre 3K’s piano-driven songs.  “Prototype” comes to mind.

The Young Lions Connexion means the Young Lions stand-ins on horns made the excellent even better.  Phillipine 4:13 and Shades of Joe (both compositions by members of the Connexion) captured the spiritual context of the night without a single word sung or spoken.

Lee Pearson is a big name in drums, having played with Roy Ayers, Roy Hargrove, and Lauren Hill, for example.  He delivered a surprising and powerful sermon directed at his fellow musicians but speaking to the universal pitfalls of pride and losing one’s sight of the Good.

Micah Smith … Wow, what an amazing voice he has and performer he is.  His songs were in a format most would easily recognize as gospel/soul, which provides an excellent showcase for his talents.  I’ll be looking him up for some time to come.

The Bishop said it opening the show and I agree: Baltimore has some of this Nation’s and by extension the world’s finest musicians.  I look forward to returning.