Turning Today’s Vision Into Tomorrow’s Reality

                                                                                           

 Going to New Heights

Watching the numbers:  A new Olympic event?  Are you up to train for the SEO Gold?

My name is  is William Patrick Gerardino.  I am the owner and operator of FractureCreations, CabaretSolstice Entertainments, and AcornWorkshops; three entities that live and operate by the creed the emerging artist can ‘turn today’s vision into tomorrow’s reality’.  I consider the first and most important rule of branding is transparency with integrity.  That requires truth.  And the truth is I am far from an expert in search engine optimization.  For that matter, I have much to learn about a multitude of areas in the entertainment industry.

Than why should you read this blog or seriously consider this blog if you are a fellow emerging artist?  Because I promise you that I will share what I have learned in the most accurate way and to the best of my ability.  What about what I don’t know?  Well, perhaps you may know and will help me along this wonderful journey.  Perhaps we can help each other.  The word of the day is ‘collaboration’.  Welcome to my world.  Now let’s get started!

Emerging artists should use every tool at their disposal in order to turn their vision into reality.  One of the most powerful tools at their disposal is the Internet.  But it is no easy ride.  It is a place to sell, a place to collaborate, and a place to launch careers.  It’s a tough game that requires patience and perseverance.  

Today’s topic is Search Engine Optimization otherwise known as SEO.   Essentially it is the arduous task of making nice with the likes of Google and Yahoo in return for website ranking.  Don’t worry about the terms.  After using them for a bit they’ll become part of your vocabulary.   But I already have made the first error in good blogging:  using too many words. 

This blog presents an analysis of two media companies who are strongly invested in the Summer Olympics: NBC and Oovoo.tv. 

The Summer Olympics is a grand time to take a close look at the demographic[1], psychographic, and geographic metrics for emerging talent who typically must develop on-line marketing strategies on a strict budget.  It is a recurring ritual that reveals much about the human condition.  The data that is gathered is mere data if the human condition is not considered as its context.  The notion of the spectacle brings out the subtleties of that human condition.

Let’s look at the metrics.  A long tail keyword search of ‘Summer Olympics’ on Google delivered a whopping 793 billion hits in 23 seconds.  The same keyword search on Facebook indicated 28,007 ‘like this’ and 8,481 ‘talking about this.’ Consider that these numbers developed in a mere two weeks or so prior to the opening of the Summer Olympics on July 27, 2012. 

Consider now recent report that Netflix who recently suffered a 25% loss in Summer Olympic streaming viewers.  What is the lesson here?  That clicks on websites does not necessarily target audience conversion.

The following offers an overview of Alexa’s  SEO metrics for NBC’s live Summer Olympics coverage.

An overview of Chart Analysis

The data collected by analytics tools typically uses the overall website activity for a given period of time as the median.  In the case of ‘search traffic’, the measurement is the percentage of total activity nationally and internationally distributed by date. 

Source:  http://www.alexa.com/siteinfo/nbcolympics.com

The peak traffic for NBC occurred on July 23 rising since July 2.  Opening ceremonies were on July 27^th.  The traffic begins diving on the 23^rd.  What happened? The key to understanding the implications of this data involves determining possible causes for rises and declines.  For instance, perhaps visitors to the site were first reviewing NBC’s coverage of events.  By the 23^rd they had accomplished this.  An article that will be reviewed in my upcoming blog claims that Netflix’s poor numbers were a consequence of NBC’s livestreaming events without cost to viewer.  This may or may not be the case.  However, it is common knowledge on Wall Street that Netflix has been having serious challenges with maintaining its market share of  the livestreaming media sector.

The chart below measures audience demographics and psychographics.  Here is a general explanation of how to interpret the data.  The bars to the left of the mid-range mean that this audience is underrepresented.  Bars to the right mean this group is overrepresented.  As the bar moves towards the median point this means that the audience visiting the site is proportional to overall Internet activity.

 Source:  http://www.alexa.com/siteinfo/nbcolympics.com.

The demographics suggest that individuals between 18-24 and 35-44 with some college, and viewing at their place of work are overrepresented. Graduate students either holding degrees or working on degrees are substantially underrepresented.    A look back at the 25-34 underrepresented age demographic would bear closer scrutiny since it would seem that individuals at this age demographic would represent the bulk of college students.  The activity is slightly dominated by females with males being slightly underrepresented.  Children demographics suggest their average audience click for this demographic is proportionate to total internet activity over a similar time period.  Interestingly the location or place where the activity occurs is at work while home and school being underrepresented.  One possible area of interest would be comparing and contrasting the age demographic with the location and gender demographic.  The college student or those holding college degrees also show strong activity.

Source:   http://www.alexa.com/siteinfo/oovoo.tv#

The emerging artist who understands how to reach such demographic charts holds a valuable tool in planning their strategy.  Here is an overview of my target groups most likely to generate convertible touchpoints.  My research tells me that a visit to my site (traffic) is substantially low.  My audience demographic based on similar companies tells me that my best chance to gain an audience is by focusing on the age group 25-44, with some college, no children, and a median salary of $35 to $40,000.  They typically live in shared housing situations and are located in urban areas.  My business marketing and distribution strategy is presently being adjusted to reach the maximum level of saturation on-line and in the real or organic world, as I like to call it.

I hope this writing has been of benefit to the reader and would now offer a challenge.  You will find Alexa’s data for Netflix at Alexa Netflix Data.  Additionally, the article reporting a significant 25% drop in Summer Olympics 2012 live streaming will be further discussed in my next blog.  See Netflix Traffic Plummets and read my next blog for more analysis.  Based on what has been discussed what is your analysis?  Ask yourself this:  How will I use this tool to my vision today into my reality tomorrow by understanding and interpreting the data from other entities?  I will make the same considerations and post another blog in three days.  I’d like to read your thoughts, observations, and opinions..  If you wish, you can leave subscribe to the site.

About The Author:  William Patrick Gerardino has worked in the field of entertainment professionally since 1970. Presently William Patrick Gerardino is owner and operator of CabaretSolstice Entertainments, FractureCreations, and AcornWorkshops.   (More) 

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[1] See http://wps.ablongman.com/ab_public_speaking_2/24/6223/1593259.cw/index.html for helpful definitions of these terms.

I am reading U.S. v. Paramont Picture, Inc. case and am reminded of a recent case I read regarding a group Apple et. al. v. Amazon books regarding price fixing and anti-trust.  In this case Amazon argued that Apple and others went into an arrangement where Amazon would be unable to maintain its discounted book price.  Apple argued that Amazon was also practicing business that violage anti-trust.  What strikes me interesting is that the Paramont case has a familiar ring to it in that a group of studios attempted to fix the price of consumer purchased tickets.

Here is a paragraph from this case:

"We start, of course, from the premise that so far as the Sherman Act is concerned, a price-fixing combination is illegal per se. United States v. Socony-Vacuum Oil Co., 310 U.S. 150 ; United States v. Masonite Corporation, supra. We recently held in United States v. United States Gypsum Co., 333 U.S. 364 , that even patentees could not regiment an entire industry by licenses containing price-fixing agreements. What was said there is adequate to bar defendants, through their horizontal conspiracy, from fixing prices for the exhibition of films in the movie industry. Certainly the rights of the copyright owner are no greater than those of the patenee."


As a wise man/woman once stated and restated, 'Nothing new under the sun'.


What do you think?


Source: Douglas.  Opinion.  (1964).  U.S. Supreme Court.  Retrieved July 8, 2012 from 
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=334&invol=131

Sound and Cogent Council from Louis Tertocha, Esq.:  The 3 P’s and 4 C’s

I would like to take the opportunity to thank Louis Tertocha for taking time out of his busy schedule to speak with me.  The trajectory of this conversation centered on important considerations for the emerging artist who is considering formalizing his business structure.  Specifically, we discussed legal and financial issues.  I trust this writing may prove of service to all who read it and welcome any comments, observations, and critiques that you may want to share. 

After my conversation with Mr. Tertocha he was kind enough to send me an email with yet more coaching for the emerging artists and entrepreneur.  I thought to myself at that first reading that despite the ease with which one can look at the world of entertainment and business with caution, there is still something magical about the experience.  When this people in this industry give that little bit extra the horizon is endless and the wonders waiting around each corner only increase.  And so Louis Tertocha is on point when he writes to me the following personal communication on June 13, 2012.  I have added my own observations to these as well: 

·         Persevere through the challenges and obstacles.  To my mind obstacles are merely opportunities revealed.  Obstacles provide the creative mind with the fuel to overcome.  If it were easy everyone would take this bizarre and beautiful journey.

·         Patience is a virtue, both with yourself and others.  Things usually don’t happen on your schedule.  The opportunities will reveal themselves if you watch, learn, listen, and adjust.

·         Professionalism is what you should always practice.  It is hard sometimes to maintain a cool posture when you are pursuing your vision.  Engage mind before speaking and writing.  Consider that every professional you deal with is also dedicated to their vision and so subject to the many frustrations that arise.  Cool down.  Assess the situation and then speak.  Take your lessons from Abraham Lincoln who always waited for a bit of time before sending out his mail or meeting with his generals and advisors.  Once the word is written or spoken it will never be entirely forgotten.  Hastiness can permanently damage you professional reputation—your branding will suffer.  Read those last four words over and over.  They are very important.

  

Pay attention and do your research on what Louis calls the 4 C's

Copyright: Make sure all your Intellectual Property is properly copyrighted and trademarked prior to start up and/or roll out. The official copyright website is extremely helpful in providing the emerging artist with wealth of detailed information relevant to emerging talent and entrepreneurs. The SBA is also a good site that assists in many if not all areas of starting a new business. Their website is http://www.sba.gov/content/business-plan-executive-summary.

Cash: Where is the money coming from, how much is needed, what will it cost you, and how quickly will you have to pay it back? Consider how much you are personally able to invest. What is your comfort level? Understand that the first profits will typically be captured for the purposes of paying back any borrowed money. Consider this when agreeing to investment commitments.   Remember that you will need shelter, food, and cash to live during the financially challenges period of time for any emerging project.

Creative Control: As an artist and businessperson you want to maintain as much creative control as possible. If the investor offers to enter the business as a partner make sure that you have at least controlling interest (51% or more.

Credits: What is your current placement in the industry? If you are an emerging company then carefully consider what sort of promotion and marketing you will do to improve that status and—as importantly—how much will it cost.  The term ‘credits’ also brings the financial side of things to mine.  Check out your credit rating.  If it is good then make it better.  If it is poor then do everything legally possible to improve it.  Even if your credit rating is not the best, if you can show quantifiable improvement to the investors you will have at least done significant damage control.

And I would suggest a 5^th spoke to this wheel, another branch on the tree:  Branding.   I believe that by carefully considering and following the advice that Louis so generously offered me the never-ending process of branding with integrity will grow organically.  It’s about listening, learning, adapting, and—yes—sharing.

Read all you can about such areas as prospectus, budget creation and allocation, copyright and trademark law (including intellectual property) and security laws. A security lawyers paid legal advice is the wise move.

In regard to hiring a lawyer and/or accountant, begin with a fee based hourly arrangement. This could cost anywhere from $200 and up. There are some organizations that assist and advise with no fee. One such organization is Voluntary Lawyers for the Arts (VLA). They can be reached at http://www.vlany.org/. This organization offers a wide range of services to detailed to elaborate in this blog.  Louis reaffirmed what Ms. Cassie Willard told me.  Go to conferences and any workshops that can provide you guidance. 

When you have a solid and thorough business plan you are ready to start finding investors and lawyers. In regard to finding either lawyer or accountant who is willing to negotiate a discounted fee on their service in return for a ROI on your project once it is financially successful. This is not written in stone by any means. However, it is a possibility. What seems to be the general rule is that few if any professional lawyers or accountants—or any other team member for that matter—is going to work without some sort of up-front remuneration.

Mr. Tertocha suggested a reading of Mr. Donald Passman's book “All You Need to Know About the Music Business. This book is currently in its 6th edition. Both Mr. Tertocho and myself have read this book and recommend it for the emerging artist.  Specifically, we briefly discussed the first chapter of this book.  For more information about Mr. Passman please visit his official website at http://www.donpassman.com/.

Louis further suggests that emerging talent looking to start their business entity look carefully at 'all' aspects of a business structure. I would add to that by stating a good look at successful individuals and groups should be studied. In the research for my company (CabaretSolstice), I have studied the unique approaches of artists who have made good without benefit of a large label. In my opinion, the view from the mountaintop for big labels has been seriously challenged.  I suggest one consider the success of bands like Radiohead and Public Image Ltd.   With advice like the 'P's' and 'C's' of Louis Tertocha, perhaps a spirit of collaboration between the giants and the emerging entrepreneur may be on the horizon.  Louis demonstrated to me that knowledge is power.  Don’t dismiss anyone or any entity as non-essential.  Rather understand their position and their pain before you meet with them.

Mr. Louis Tertocha, Esq. discussed got me to thinking about the following.   The larger entities have still not found a working methodology to handle the various risks attached to Internet sales although they are making progress. Remember the three P’s.  You would want others to view you in this way.  So you must view others with the same. 

Piracy is well and alive and they seem to have met their share of unscrupulous sailors on these high and rough seas. Further, labels typically do not offer the same monetary and promotional support as they once did.  Financially conservative states of mind are typically organic to hard financial times.  The best way to negotiate with the larger entities is to understand and respect their concerns and let them know this in your conversations with them.  This means that money is tight and that if you want your share of the pie from the big labels you best do your research ahead of time.  Have a plan.

Why?  Large labels are reluctant to invest their money unless they are reasonably sure that the artist or band is truly committed to their personal goals and will show a good ROI. Further, they want to know that the emerging talent is going to be a 'team player.'  This may sound trite. Consider, however, that the Sex Pistols were signed to three different labels. All three assumed these four unique rough and ready personalities were got to 'join the team.' They couldn't have been more mistaken.  

It is not my intention to entirely disparage these large labels.  They play an important role in the distribution all art.  They are—after all—completely justified in wanting to show profits.   I simply mean to suggest that there should be some balance and compromise between the artist and the label based on thorough risk analysis.   Again, one thing the emerging artist can do to help this to happen is do their share of the planning and research, have a vision and be willing to pay the cost in making their vision a reality.

Keep up with the legal and business trends in the industry.  The emerging artist needs to understand this shifting dynamic and show serious commitment to their overall business structure and artistic goals that Mr. Tertocha shared with me.  Learn the 4 C’s and 3 P’s and let them guide you in your choices. 

Louis has shown me that while one must be careful about the industry, there am still the possibility of fruitful monetary and creative collaborations between the new boys and girls on the block and the big boys and girls.

Louis has also reaffirmed what I have been hearing from my professors and professionals at Full Sail University. Give something back, volunteer, stay in the discourse, listen, learn, and adjust. This industry is after all bit on the notion of creative collaboration. So why should these same ideals and concepts apply to the business end of things.

Again volunteering and showing a genuine interest in contributing your experience and time stands a good chance of paying off—not forgetting that a small part of altruism is good for the soul.  Louis offers his expertise to ambitious projects that focus on education.  I would encourage the reader to review one the Carnival Center For The Performing Art where Louis Tertocha has been General Counsel since 2007 (Adrienne).  I would encourage the reader to show an active interest in the ambitious project.

For more information regarding the Adrienne Arsht Center for the Performing Arts of Miami/Dade Country visit the official web page at (http://www.arshtcenter.org/).

Resources:

Adrienne Arsht Center For The Performing Arts Of Miami/Dade County.  (2007), Carnival Center For The Performing Arts Appoints 
Louis Tertocha General Counsel. (Press Release).  Retrieved from http://www.arshtcenter.org/_inc/press/releases/pressRelease.aspx?rid=10155.

US antitrust investigation probes Comcast, TimeWarner

http://www.philly.com/philly/blogs/inq-phillydeals/US-antitrust-investigation-probes-Comcast-TimeWarner-.html

"The Justice Department is conducting a wide-ranging antitrust investigation into whether cable companies are acting improperly to quash nascent competition from online video," writes the Journal, citing unnamed sources. 
"Justice Department officials" have "questioned Comcast Corp., Time Warner Cable Inc. and other cable companies about issues such as setting data caps and limits to the amount of data a subscriber can download each month." Spokespeople for the companies and Justice wouldn't comment.
"Iinvestigators are taking a particularly close look at the data caps that pay-TV providers like Comcast and AT&T Inc.  have used to deal with surging video traffic on the Internet...
"Internet video providers like Netflix have expressed concern that the limits are aimed at stopping consumers from dropping cable television and switching to online video providers. They also worry that cable companies will give priority to their own online video offering... Comcast fanned those fears in March, when it said that videos viewed on its own Xfinity app on Microsoft's Xbox wouldn't be counted against subscribers' data caps," unlike Netflix, whose boss, Reed Hastings, promptly "accused Comcast of trying to get around federal rules that prevent Internet providers from favoring their own content."

It's "reasonable to assume that Netflix is a principal mover of the DoJ probe," writes Craig Moffett, senior analyst at Bernstein Research in New York, in a report to clients. Netflix, which opposes usage-based pricing, asked for a similar investigation from the Federal Communciations Commission, which "declined," Moffett wrote. He thinks the government is likely to uphold usage-based pricing, though not usage caps.

"Be careful what you wish for," Moffett added: A federal probe could make the cable-Internet companies less likely, not more likely, to share video with Apple, Google YouTube, and other video providers.

Back to the Journal: "The Justice Department is examining whether Comcast's Xbox policy violated legal commitments made by the company in 2011 to secure antitrust approval for its takeover of NBCUniversal... Comcast has said it is complying with the terms of the settlement and isn't discriminating," though it has also suspended the data caps as it searches for other ways to get heavy video downloaders to pay extra. 
"Another issue that investigators have asked about is whether cable companies are acting anticompetitively by making viewers have a cable subscription before being able to access certain online programming... 
"The Justice Department also is investigating the contracts that programmers sign in order to be distributed on cable systems... [and] questioning whether there are legitimate business reasons for such terms or whether they are intended to stop programmers from experimenting with other forms of online distribution."

Source:  http://www.philly.com/philly/blogs/inq-phillydeals/US-antitrust-investigation-probes-Comcast-
TimeWarner-.html