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The PunkLawyer Blog August 2010 - The PunkLawyer Blog

Archive for August, 2010

So You Want to Be A Rock Band Network Star?

Wednesday, August 25th, 2010

Yesterday I had the opportunity to tour the film department at the University of Central Florida and meet some of the faculty.  I enjoyed seeing some of the new technology the students are using, it’s amazing how small the cameras and sound recording devices are getting.  I didn’t get a chance to get over to their downtown facility, hopefully the next time I’m up there I will get to check out the sound stage and motion capture facility.  After all of the writing and speaking I have been doing about music video games and avatars, I would totally be up for trying out one of those motion capture suits just to see what it’s like.  I know, I’m a nerd, it happens.

Speaking of music video games, this week has brought the release of the set list for Rock Band 3, as well as the announcement of Rock Band Network 2.0.  Harmonix and MTV Games have made some improvements to the Rock Band Network experience, you can read more about the changes here. From the time table released, it looks like new software for submitting tracks to RBN2 will be available starting in October, with song submissions starting early next year and tracks becoming available in the first quarter of 2011.  I know there was quite a bit of excitement about the initial launch of Rock Band Network, I imagine there will be more of the same as the release of Rock Band 3 and the launch of RBN2 get closer, as well as questions as to how to get in on the action.  So if you’re an act interested in getting your tracks on Rock Band Network, what do you need to do?

First of all, you need to check on the status of the copyrights to your track.  A song has two copyrights: one in the underlying composition and one in the sound recording.  In order to submit content to Rock Band Network, you need to either own the rights to both the composition and sound recording, or get permission from the label or publisher who has the rights.  Also, Rock Band Network does not accept covers, or songs with samples, so stay with original tracks.  Keeping tracks clean is a good idea too.

Next, you need to decide if you want to try authoring the tracks yourself or have an authoring company do it for you.  If you’re good with recording technology, it might be simpler to try authoring it yourself.  But be warned, it can be time consuming- the estimated time to author one track for RBN is 40 man hours.  You will need the Reaper and Magma software, as well as an XBox 360, a Gold Level XBox Live Membership, and a Creators Club membership to complete the process.  For more details read up on what’s involved here.  Harmonix is also putting on a series of Rock Band Network authoring training sessions and networking events around the country, check it out here.  If you want to go the authoring company route, shop around.  There are differences in pricing and deals, TuneCore initially was charging $999 to author a song for submission to RBN, though they are now charging $2,500 for authoring a song.  Other companies like RockGamer Studios charge by the minute for authoring.  Also look at if the authoring deal calls for the company to get a percentage of your sales of the track.  Once the track is authored and submitted to Rock Band Network, it must then go through peer review and receive a certain amount of positive feedback before it is made available for purchase.   Once the track is made available for purchase, acts receive 30 percent of the track sales.  The prices range from $1-3, so you can do the math as to how that works depending on the price.  It seems like a great way to get exposure for your music.  If you have tracks up on RBN, how is it going?  What do you think?  I’d be interested to hear from you.

Happy birthday!

Saturday, August 21st, 2010

Friday marks an important milestone here in PunkLawyer land, it marks one year since I started my practice.  Not sure if it’s a birthday or an anniversary for the business, but I’m proud to have made it to this point.  It’s been a crazy year at times trying to get a business up and running, but when it gets down to it and I get to practice entertainment law for my clients, I love it.  Negotiating content licenses in this fast changing technological and entertainment environment has been fascinating and has brought me to really think outside the box.  It’s not just knowing what the technology does and can do, but also figuring out if those possibilities match with how the client wants his or her content used.  It’s a tough road, but at the end of the day I’m living my dream, helping clients manage the potential minefields of entertainment and hopefully make a living doing what they love.  As some of my law school classmates like to say, I practice ‘fun law,’ but for me I take it just as seriously as they would a criminal defense case.  So thanks to those who I have met this year, who offered advice, helped me out, and of course thanks to my clients.  I look forward to meeting more of my readers and Twitter followers in the future, it’s been fun getting to know a lot of you online.

In other news, I’ve been working to expand my skill set this week by attending a mediation certification training course.  If you’re not familiar with mediation, it is a form of what is called alternative dispute resolution, where parties can meet with a mediator to work to try and resolve their issues instead of going to court.  Mediation can be used in a variety of settings, from before a lawsuit has been filed to right before it is set to go to court, and in some instances can end up costing less than going to trial.  It also can be used in almost all areas of law, and can avoid having to discuss personal or embarrassing aspects of a dispute in open court before a judge and jury.  I’m excited to apply the skills I’ve learned not only in formal mediations, but also in informal dealings to help my clients work through disputes that may arise in the sometimes crazy world of entertainment.  Look for more on this topic, and if you have questions feel free to send them my way here, on e-mail or via Twitter.  Cheers, and have a great weekend!

Kids in Virtual Worlds, Vinyl and the Kitchen Sink

Tuesday, August 10th, 2010

So I was out most of last week in San Francisco at the American Bar Association Annual Meeting. It was great meeting, I do a lot of work for the Section of Intellectual Property Law, so having the opportunity to meet face to face with my colleagues to plan for the year was really helpful. I also got to catch some great programs on current issues in virtual worlds, licensing issues in entertainment law, and potential pitfalls for clients in social media. I also got to see the city a bit, and hang out with Lisa from Amp Magazine. It was so rad to hang with another punk rock girl, there certainly aren’t a ton of us in the scene. I had such a great time out there I almost didn’t want to come back, thank you San Fran.  I feel more alive than I have in a while, can’t wait to go back.

So speaking of virtual worlds and social media, for those of you here in Florida, I encourage you to come to Social Media Club Southwest Florida’s event Monday night. I will be speaking about tips for parents to help keep their kids safe in virtual worlds and social gaming, and a Sergeant from the Lee County Sheriff’s Office will be speaking on online safety for kids and parents. Here is a link with more information, please check it out and register if you can make it: http://www.smcswfl.org/events/august-16th-2010-kids-and-cyber-safety/. I know even some of you punk rockers have kids now, and keeping them safe online is important. Look for more on these and other issues here at the blog.

And also to follow up on the guys in Protagonist, Vinnie Fiorello and the Paper and Plastick gang are putting on a vinyl auction to help the guys try to recover the $22,000 in gear they lost. Please check it out and if you can, bid on some test pressings for a good cause. Here’s more from the Paper and Plastick crew on the auction:

A major ethos in the punk rock community is to rally around causes and help each other in one’s time of need. One instance of the scene supporting itself is when fans help their favorite bands get back on their feet by donating money after suffering the all-too-common gear theft. Boca Raton’s PROTAGONIST suffered a similar fate in June when $22,000 worth of gear was stolen from their trailer just outside of their hotel room, as they were about to enter the studio with Stephen Egerton(Descendents, ALL) to record a new album. In order to help one of its own, PAPER + PLASTICK RECORDS has established an eBayauction of 43 rare Paper + Plastick vinyl test-pressings, and will donate all proceeds to the band.
“When you’re a young band, you are scraping for everything. Any roadblocks, large or small, seem like they might be, and in some cases, can be the end of the road,” confides Paper + Plastick founder Vinnie Fiorello, who has experienced it all with his band Less Than Jake. “Having all of your gear and trailer stolen would fit in the “Uh oh we’re fucked” category of problems a band has to deal with, but in the face of that, Protagonist goes on. With no bitching, they just move forward, not defeated. This auction is my way of helping them keep moving forward.”

TIME IS RUNNING OUT SO PLACE YOUR BIDS AND SPREAD THE WORD Check it out here.

See below for full listing of test-pressings:
• A Wilhelm Scream – s/t
• Anti-Flag – Queens and Kings 7″
• Blacklist Royals – Semper Liberi
• Coffee Project – Moved On
• The Dopamines – Expect The Worst
• Farewell Continental – s/t
• Flatliners/Snips – split 7″
• Foundation – Chimborazo
• Frank Turner – The First Three Years
• fun – Aim and Ignite
• Greenland Is Melting – Our Hearts Are Gold, Our Hearts Are Blue
• Saint Alvia – Joxner
• Slackers – Lost and Found
• Spanish Gamble – It’s All Coming Down
• The Have Nots – Serf City USA
• The Riot Before – Rebellion
• The Swellers – Ups and Downsizing
• Tumbledown – s/t
• We Are The Union – Great Leaps Forward
• West Bound Train – Come and Get It