Interview with Jamie Wright

Jamie Wright
This afternoon I had a chance to chat over Skype with attorney Jamie Wright. Jamie is a general practitioner with an emphasis on entertainment and personal injury.

She initially got involved in entertainment because her LA-based firm had an entertainment practice, and friends kept asking her questions about entertainment contracts. They often asked questions like "does this provision sound fair?" or "am I giving too much of a percentage to this manager?" From there, she took the initiative to research entertainment law on her own. She told me Google is a great starting point to find out if you're being taken advantage of, but she also filled me in on a couple industry standards - managers get 20%, agents shouldn't get more than 15%.

I asked Jamie about common mistakes made by artists and content creators who post stuff online. She brought up copyright infringement, which was to be expected. She warned against reviewing music videos and including footage from the music video without written consent from the copyright owner, or reproducing information that someone else already owns. If I find that I want to use images or video that are not open domain for my channel, she encouraged me to use Google and web resources like Legal Zoom to find documents and advice on how to get permission to use someone else's content for commercial purposes.

But, much to my surprise, she said the biggest problem is defamation. It's one thing to state a negative opinion on the Internet, but if you make a statement that affects the individual's economic value or income, the blogger is likely to be considered legally liable. She advised me to always be mindful of the money – it’s all about the money, and if you’re making money you shouldn’t be or imposing on someone else’s rightful earnings, your more likely to leave yourself open to legal consequences.

Jamie Wright graduated from the University of California, Berkeley with a B.A. in Political Science, and is currently licensed to practice law in the State of California. She can be reached on her official website.

Jamie Wright’s Official Website.

The Importance of Contracts

I don’t think any aspect of the entertainment industry scares me more than the legal part. It’s simple enough to create work and then sell it, but in order to make the best work possible, you have to work with other people. And naturally, if you’re working with other people, you have to make agreements, and expect the other parties to stay true to those agreements. Unfortunately, it seems whenever I look up, I see such agreements falling apart.

Near the end of 2012, YouTube’s most famous star, Ray William Johnson announced he was leaving his network, Maker Studios. Eight months before his contract expiration, he was asked to renegotiate the terms of his contract. Maker wanted 40% of his Google Adsense revenue and 50% of the show’s intellectual property indefinitely. Eventually Maker said they would shut down the production of his album, leading to his decision to leave the company.

In 2009, three members of Korean pop group TVXQ began a feud with their label, SM Entertainment, and the lawsuit didn’t end until the end of 2012. The three members, now under a different label as JYJ, filed their case against SM because they felt their thirteen-year contract was a “slave contract.” Though Korean court allowed the three to continue activities, the Korean entertainment industry banned JYJ from public media appearances. As of November 2012, the two parties have reached a settlement and the JYJ ban is over.

It would appear that contract disputes in Korean pop are not unusual. Just this month, Block B filed a request to terminate their exclusive contract with their label, Stardom. Apparently, they’ve faced troubles similar to TVXQ’s. It’s reported that Stardom has failed to meet the obligations outlined in their contract, including but not limited to denying the group their fair pay. Since this story is brand new, hot off the press, there has not yet been anything close to a resolution.

Stories like the above are not unusual. Contracts must be taken very seriously and written very carefully. I plan to take very special care of the human relationships within my YouTube channel by preparing very structured, fair, clear, and sensitive contracts.

Ray William Johnson NOT Starting a Network

On November 26, New Media Rock Stars reported that Ray William Johnson was starting his own production studio. Though not partnering with Julian Smith as originally reported, the two will be collaborating on a variety of projects. This is the next chapter in the career of YouTube’s biggest star since he left the network, Maker Studios.

What got my attention about New Media Rockstar’s interview with Johnson was his straightforward response when asked whether or not he would be starting his own network:

“No. That route certainly isn’t for me. I don’t know everything there is to know about Youtube-based networks, but as far as I do know, there’s no good reason to ever sign your Youtube Adsense account over to a 3rd party. Ever. Period. Anything a Youtube-based network wants to do for you, they can accomplish without seizing control of your Adsense account. If you want production or managerial assistance, then partner with a production entity or manager and pay them a percentage of your expected revenue, but don’t sign your Adsense over to them. Furthermore, from a business perspective, there’s no long-term business plan in owning a collection of thousands of Youtube Adsense accounts. Again, I say this having somewhat limited knowledge of every single Youtube-based network out there. I know there are dozens of them (networks) at this point, and who knows, maybe some of them are doing great things.”

I found it very enlightening to hear him say this. His point leaves me further pondering, what is the point of a network? He said things that I’ve found myself thinking. It feels like it’s just seizing your Adsense account over for no good reason. That is, if you already have branding features, as I do. But is it a scam?

I have always thought that it’s important to look at networks with a keen business eye, not just as a ticket to YouTube glory. With YouTube partnership, you can take the full profit of your videos without giving anything up to a third-party network. If you are giving a cut to a network, it’s as simple as making sure you are paying for something that you want. What is the network providing you, and is it worth the percentage?

But Johnson brought something to my attention that I hadn’t put into the equation, and that is that there’s no need to hand over your Adsense account to pay for a service. Anything that a network offers you, you can get without handing over the keys to your Adsense car. What is the point of handing your account to a network when you can buy your own music licenses, hire your own manager, hire your own graphic designer, or buy your own ads? It may seem seductive to have all these services lumped in with one network contract, but would they really be at the quality you prefer, and how much control would you be giving up of your own YouTube career?

I’ve heard many good things about networks, and many bad, but this has really given me a lot to think about.

Mike De Trana

Last week, by some crazy luck, I got to make a cameo appearance for popular YouTube channel, YOMYOMF. The video in question was produced by talent manager Mike De Trana, who was gracious enough to sit and chat with me for this little blog in return for my spontaneous, last-minute help.

Mike De Trana originally moved to LA to be a director, but quickly learned he was going to need to make some money before he was fifty. "I was good, but I wasn't good enough." He started his career as an intern for Joel Silver, which eventually led to him working for an agency. Eventually he grew a strong client base outside of the agency, leading him to starting his own business. When he left the agency, he had around five clients. Today, he has around forty. As far as his directing goal is concerned, for now, he's happy helping put together other people's projects. He gets a lot of joy out of putting out projects that others may not have believed in, and cited Nerdist show "Tournament of the Nerds" as one of his favorite accomplishments.

When choosing people to manage, he says he looks for people who are hungry but have also been through the system. He says that in the beginning he used to sign anyone he believed in, but unfortunately, it's too difficult to convince others to believe in someone who hasn't really worked before.

He believes the web is the future, and it's going to evolve the way cable did in the 80's. He concurs with the commonly-held opinion that guest spots and consistency are vital to success on the web. Still, he says there's nothing wrong with dabbling in multiple mediums.

He gave me his insights about following trends versus being totally original. He recommends going into a genre or theme that people are familiar with, but putting your own spin on it and defining your brand.

He also told me not to be afraid of being bold when marketing my channel to blogs or nurturing industry contacts. He said even if you might rub someone the wrong way, there's no need to stress, because they'll probably get over it quickly.

"I don't think being good is good enough," says DeTrana. "I think you have to be the best!"

I give Mike De Trana my most humble thanks for taking the time to share his perspectives and insights with me.

Contract Negotiations

In the past couple years, YouTube has changed a great deal. There was a time when it was a free for all, and anyone who had some content could slap it online and show the world. The abundance of content (much of which being illegal) forced YouTube to adjust the intense pressure on its engines. This led to the partner program. In April, when everyone had the power to be a partner, the age of networks officially began.

Now, networks can offer creators things that YouTube no longer can, such as music licensing, protection (from things like click-bombing), and promotion. Naturally, all these things come at a price, so networks are constantly looking for content creators to sign. Now, more than ever, it has become vital for content creators to learn how to protect themselves.

For this reason, I poked around online for advice about contract negotiations. First, I listened to “Business English Pod :: Learn Business English Online.” The two episodes I listened to focused on a staged negotiation between a business owner, Sam, and a representative of a vehicle leasing company, Larry. The first podcast focused on the art of seeking concessions – how do you make sure that your interests are protected? In order for Sam to protect his interests, which in this case was not being charged too much for mileage, he referenced objective criteria by pointing out a competing company that gave him a better deal. This kind of objective criteria was sewn into a careful use of language that was more based in suggestions than demands. This is an address of the “people problem,” which is that people have emotions that play a part in negotiations.

The second podcast focused on the “fine print.” Sam and Larry discussed warranty terms and response time for service. The podcast stressed that the contract should address specifics about who pays for what when, and who does what when. While in the first podcast, Sam addressed the people problem with suggestions, in this podcast, he addresses it by setting a positive tone with the phrase “I like where this is going.”

The third podcast I listened to was Salary Talk. Linda Babcock, a professor of economics who specializes in dispute resolution and negotiations, came on the show to discuss her book, Women Don't Ask: The High Cost of Avoiding Negotiation. In the discussion, some disturbing points from studies were brought up. For example, men are four times more likely to negotiate their salaries than women are. Also, 85% of men polled believed they determined their own worth, while 83% of women believed their worth was determined by their employer. Babcock said that women are more likely to be apprehensive about negotiations because of what culture taught them growing up, and they can alleviate that stress by being properly prepared before entering a situation in which they must negotiate.

When looking into networks for my content, I will keep all of the above in mind. I need to protect my interests while being willing to make concessions, and I need to maintain the position that I define the value of my work and my content.

My Chat with Andie Bolt

One of the most powerful moves that I've made since moving to Los Angeles to pursue my career in web entertainment was interning with the Fine Brothers on the web series, MyMusic. This incredible opportunity allowed me the chance to sit and chat with Andie Bolt, the show's executive producer.

What intrigued me the most about Andie was she not only has experience with one of my career goals, but all of them. She has produced web-based comedy, but also writes and performs in stand-up and sketch comedy shows.

After having been groomed her whole life for a softball scholarship, Andie decided to abandon that path in favor of a career in comedy. Once she got a taste of the industry, she realized quickly she wanted to produce her own content.

She learned how to make films at LACC, a good school for people who can't afford USC and want to make material on a budget. "I was just filming sketches I wrote." She started putting her videos on ad-supported sites like Revver. "I remember one time we got a check in a couple years for like five hundred dollars, and we were like, 'wow, that's so cool!'" This put Andie on the path to the world of online video.

From there, she got a job working for National Lampoon's Lemmings, where she did a live sketch show and streamed it online through National Lampoon's website. This sparked the interest of will.i.am, who hired Andie to create exclusive comedy content on his website. There were problems with isolating the content this way, as oppose to putting it on YouTube. "We did some really amazing stuff that no one ever saw."

Andie stresses the value of being on YouTube rather than trying to launch your content on your own video site. Many companies were really trying to host their own content, while Andie believed in putting videos on YouTube where they have easier access to audiences. This philosophy was shared by the Fine brothers, who she met creating video sketch content for the Upright Citizens Brigade theater. "The Fines were saying that before anybody."

Andie was drawn to YouTube because it was a place where she could learn and grow to reach her goals. "When I was a kid and I really wanted to get into comedy I really loved comedic movies. I had a beta tape that had Blazing Saddles and Young Frankenstein on it and I watched both of those over and over again." She appreciates the long-form story of television, but there's an iconic aspect to film, and the way we pass those to our children, that she is passionate about being a part of. "I want to be remembered. I want to leave something."

Andie has her fingers in a lot of different pies. "I really admire people who are like, 'I do this one thing, and I do it well.' Because sometimes I worry that I'm too spread out." I relate to this a great deal, and I asked her what her opinion was about the career direction of a person who dabbles in stand-up, improv sketch, and web. I've always had my concerns about taking on all three and how to budget my time accordingly, and I was excited to hear the perspective of someone who was doing it all successfully.

Andie compares having multiple interests and disciplines to looking at religions. Take the parts that inspire you, and leave the parts that don't. You may like the "being in the moment" aspect of improv, but you don't like performing in improv shows. "You can take the elements that you like and put them together." She also pointed out that sometimes what starts as a sketch concept is too simple to be stretched into three minutes and can be boiled down to one great stand-up joke. "Where can those jokes live? They can live in my stand-up."

When I expressed my fear about focusing on the wrong project or discipline and wasting time, she said, "so many people are afraid they're doing the wrong thing. I think if you really like what you're doing, that's the important thing." A comedian might feel like they have to do sketch if they want to do comedy, but Andie says if you hate it, you don't have to do it.

I used this chat as an opportunity to ask her direct questions about my own insecurities about myself and my own channel. My views are humble at best, and I'm often caught in analysis paralysis over the best way to develop my career and market my show. She was very candid about what I'm doing right and what I'm doing wrong.

"You have to be your own salesman." She stressed the importance of believing in yourself, because if you don't, no one else will. "You are the only person who can help you." I asked her how I could possibly expect to garner interest with such few views, but she reminded me that views aren't the only thing a person can offer. "This is something that you've produced," she said, referring to my YouTube show. "You can point to a show that you've produced, that you've been able to sustain however long you end up sustaining it. 'Here's something I wrote, I produced, I put together a whole crew of people, I organized schedules, I was able to hit deadlines.' That's something that you have to offer." She also reminded me that the Dinz is my passion project, but I need to open myself up to the possibility of providing my skills to someone else's project.

I went into our conversation with a great deal of bitterness about my lack of attention from the audience I wanted. My audience is primarily 13-17 year old girls with an interest in pop culture, when I would rather target older audiences with an interest in social issues, current events, and applied philosophy. She warned me against focusing on the audience I want instead of the audience I have. "If you feel like that's the sense of humor you have, great, but don't cater it." She stressed I should do what I do and do it well, and let the audience be whoever they turn out to be.

She also addressed the frustrations I had about being on YouTube for two years without having an especially significant following. She put strong emphasis on being willing to wait for your big break. Most comedians who seem like overnight successes built up their skills for many years before getting attention. "I don't know Ricky Gervais," she said, "but I doubt he would trade in creating The Office to have been discovered when he was 25." She also pointed out, "you can't sprint a marathon." She told me to accept that I have entered a marathon, and even if I were to have a million subscribers today, that's only the first step to everything else I want to be doing. "You have to believe that you deserve that, and that you are that, and everything else will fall into place."

My conversation with Andie gave me a lot to think about. I left the conversation with a new perspective on who I am in this industry today and what lies ahead. I really do need to put more thought into the relationship between who I am and who I want to be, and the real reasons there is a difference between the two. Am I targeting the "wrong" audience because I'm not being true to myself in my content? Which is my priority - making changes to the channel to get major numbers now or waiting until my current content gets good numbers down the road? Is YouTube the end goal, or should I think of it as a pathway to bigger and better things? All that said, at the end of the day, it all boils down to her six simple words: "You just have to keep doing it."

Why PSY?

It has become a recurring question that may never have a straightforward answer: What makes a video go viral on YouTube?

PSY’s catchy “Gangnam Style” is an Internet sensation. He boasts the most “liked” video in YouTube’s history, and the only Korean-language song to reach number 1 on the iTunes chart. But why Gangnam Style?

Gangnam Style is not an unusual video, and to narrow down the field-of-view a bit, it’s certainly not unusual in Korean pop music. Colorful, amusing videos with catchy dance moves and slick music production are all staples of the genre.  Artists like G-Dragon and Girls’ Day have been putting out similar videos for years without even the slightest blip on the radar of Western pop culture. As far as the song is concerned, label-mates 2NE1 and Big Bang have released pop hits that are nearly identical in style. This is not to denounce PSY’s accomplishment, but to establish a premise for discussion.

There is only one distinctive quality that PSY possesses that is lost on all other similar Korean performers – Korean performers, rather notoriously, are ridiculously good-looking.

Picture for a moment a PSY that is handsome and chiseled. Would the video have been as much fun? Would the video have been as silly? The physical appearance of processed, mainstream-media performers is so off-the-charts that it rather crushes the ability of audiences to relate. Another problem with that reality is it creates an impression that good looks are a vital goal and are necessary for happiness. When PSY shows up, looking like an average Korean guy but shining as a beacon of pure happiness and reverie, this creates a beautiful, hopeful irony.

However, there are important gender and racial factors that I can’t help but notice, and they put a bad taste in my mouth. For one thing, Asian men are overlooked as sex symbols in American pop culture. Korean pop star Rain’s biggest claim to fame in American media was his joke feud with Stephen Colbert, not his oozing sex appeal as the star of Ninja Assassin. Korean pop titan Se7en’s attempt at the US market was completely ignored. Also, to focus on gender, Jenna Marbles has a huge push on YouTube because of her looks. It seems that, when it comes to YouTube, an average-looking man has a better shot, while a woman should be physically ideal.

This is just the tip of the iceberg in this discussion, but it’s something I’m going to keep an eye on from this point forward.