Monday, October 24, 2011

ARE “WE READY?” ~ IT’S “MORE THAN A GAME!“


Songwriter, Mason Hall, filed a lawsuit against Lionsgate and Interscope LeBron LLC on Tuesday, September 6, 2011, in Georgia Federal Court stating he is the author of a copyright composition entitled, “We Ready.”  This alleged copyright infringement lawsuit against Lionsgate, et al is over a piece of music that was allegedly used without permission (a license) in a documentary entitled “More Than A Game”, which chronicles the rise to stardom of LeBron James beginning with his high school years in Ohio.  The original song that Hall wrote was performed by Archie Eversole.

According to Eriq Gardner, Hall is seeking an injunction to prevent further damage, which includes barring the distribution of the film by Lionsgate.  Additionally, he is requesting punitive damages and profits from the movie in excess of $1million, or the maximum statutory damages allowed for copyright infringement. (Hollywood Reporter, 2011)

Hall has an tough battle ahead to prove these allegations.  First, he has to prove that the song that was used in this documentary is the song he authoredAlthough the chant, We Ready”, used by LeBron and his teammates is similar, the song performed by YaBoy is clearly different. 
 

 

According to Ben Golliver, “YaBoy can definitely make a solid argument that his song was inspired by James and his team's actions rather than the Eversole song itself, considering he references the players in his lyrics. Perhaps most important: the beats in the two songs are different, the verse lyrics in YaBoy's version are totally new and the chorus, while very similar, isn't a word-for-word rip off.” (CBSSports.com, 2011)

Next, Hall would have to provide supporting evidence that he obtained a license from Steam to use their famous melody.  This is important to know because with the theory of “clean hands”, Hall could not sue for the infringement of two words if he did not obtain a license for the famous notes taken from Steam’s song, "Na Na Hey Hey Kiss Him Goodbye."



According to Glenn, because the phrase “We Ready” is a common vernacular of the English language, copyright law may not protect it. Even if the court should find that it is protected as a part of Hall’s song, the court may still decide that the phrase was so minimal (de minimis) in comparison to the entirety of the work that the average person could not know the original source of the phrase and therefore it would not be protected.  (Sports and Entertainment Law Blog,  2011)

I also believe the Georgia Federal Court will be faced with the task of balancing the scales when determining policy considerations for discouraging copyright infringements claims with the decision to grant copyright infringement claims because this could open the door to other possible frivolous, insignificant infringement claims, also known as the “slippery slope.”  On the other hand, this could have all been avoided if the legal team at Lionsgate would have done their “due diligence” by conducting a comprehensive search to determine whether the song was licensed by someone else and   paid to license the song, which would have been far less expensive than the costs associated with litigation, especially time and money.  If the case is ultimately dismissed, expenses will still be incurred to defend their position.

SOURCES




 

Thursday, October 20, 2011

JOHN LUCAS ~ "WINNING A DAY AT A TIME"


The purpose of this Informational Interview with John Harding Lucas (Lucas) was to make contact with a sports industry professional and learn about his role and responsibilities. The secondary goal is to have an opportunity to establish a business relationship that may foster networking opportunities that could reap benefits now and in the future. I am very pleased that both objectives were successfully met.
Lucas is a retired, professional basketball athlete and coach. He is also the founder of John Lucas Enterprises, a network of drug treatment programs, especially for athletes, and owner and founder of John Lucas Basketball Resources based in Houston, TX.  It is nothing short of a miracle what Lucas has done with his life and in the lives of others.  From humble beginnings growing up in the 1960-70’s in Durham, NC, both parents were educators (principal and assistant principal) and very instrumental in shaping his academic foundation.  Additionally, while his parents worked tirelessly after school during the desegregation movement, Lucas was blessed when he was in elementary school to work with the high school coach at his father’s school who took an interest in his athletic development.
Unbeknownst to millions of his fans, amongst his numerous amateur and professional athletic accomplishments is the little known fact that he graduated Valedictorian of his senior class and earned his master’s degree in secondary education, which he received during his first year in the NBA.  This exceptional academic talent paired with his very rare athleticism in basketball, football and tennis, along with his very solid spiritual foundation are key components to the successes he has experienced in his lifetime.
Among the questions asked, “Why did you choose to attend the University of Maryland instead of University of North Carolina (Chapel Hill) or Duke University, he humbly stated that he had over 1,000 scholarship offers ranging from academic to athletics in basketball, football and tennis. Though he felt some pressure from mentors to attend an in-state college, however, he was entering college at a time when coaches felt that freshmen could not play sports during their first year of enrollment.  While the head coach at the University of Maryland, Charles Grice “Lefty” Driesell, had only heard about him and had never actually seen him play, Lucas was offered a starting position on the team.  This was the second time that a coach took a personal interest in his athletic development and worked unceasingly to help shape him into a star point guard and an All-American in both basketball and tennis.  Lucas states, “I had someone who believed in me and was willing to give me a chance.”
In describing his strengths and weaknesses, Lucas offers that his strengths in sports was having the capacity to make others better because as the point guard, he was the facilitator and had a lot of confidence in his teammates with an uncanny ability to get them to believe in themselves. Another strength he identified was obtained from watching his father who worked beyond eight-to-five each day through the late hours of the night.  Lucas came to believe that if you want to become better than others or yourself, you have to put in the extra time to be successful.  He professes, “Hard work is key to success.”
Paradoxically, Lucas states that the strength of his weakness is perfection.  He asks, “Who am I in competition with?” In competing with himself, he has found that due to the high standards he has set for himself, he will never measure up.  Because he is always under self-examination and self-scrutiny, he sometimes misses the fact that he has accomplished the task and continues to push harder, thereby, missing an important part of the journey.
This specific subject led us into a discussion about his toughest personal or business experiences, and how his leadership skills has prepared him for his career opportunities.  As a top point guard in the NBA from 1976 until the late 1980’s, he was the first NBA player to gain public attention by openly admitting his dependency on illegal drugs and alcohol and submitting to anti-drug and anti-alcohol treatment in order to remain in the NBA.  He entered a recovery program in 1986, which was the beginning of a long and painful recovery process, and he proudly affirms he has been sober for over 25 years.  This process would eventually restore his reputation, skills, and his credibility, and also enabled him to find his spiritual growth again.
At the age of 32 when his career as a professional athlete was coming to an end, he had to learn how to function as an adult and not as an adult athlete.  He learned that some of the skillsets that he was able to apply in his life as an athlete was not always applicable in his personal life, and he states, “playing sports is what I did and not who I was.”   After successfully completing the drug rehabilitation treatment, he started drug rehabilitation programs of his own and now has over 13 treatment centers in order to help other athletes reform their lives and quit addictive habits.  Additionally, according to Lucas, he was commissioned to write all the major drug policies for all major sports, and because of his knowledge and education, he has written a book entitled “Winning a Day At A Time”.  The book is about winning off the court.  Lucas has also written his own fitness programs for his treatment units, and created his own modalities without having to employ medical professionals.
He eventually returned to the NBA as a general manager, became the head coach of the Cleveland Cavaliers and was instrumental in drafting LeBron James.  He also has coached the San Antonio Spurs, the Philadelphia 76ers, was assistant coach of the Denver Nuggets for three years, and as recent as the 2009-10 NBA season, was an assistant coach for the Los Angeles Clippers under head coach Mike Dunleavy. 
When asked to describe one thing, if any, that he would change if he had to live his life over again, he responded adamantly, “Not one thing about my life would I change.” John Lucas states that for the longest time in his life by waiting on the next coaching opportunity, he rejected the gift and purpose that God has given him to be of service to others, but he has now fully accepted his gift and declares that his best coaching experience is being a life coach.  Starting with his own two sons, John Lucas III and Jai Lucas, he has successfully developed them both academically and athletically and prepared them for life in the pros.  John Lucas III is currently playing with the Chicago Bulls and his younger son, Jai Lucas, is playing internationally.  He states, “It was very important for me to give my own sons a part of the gift that I have been blessed with.”
He recommends that in order to leverage my career in the sports industry I should attend National Events and Expos, as well as network with people in the industry who are doing things that are of interest to me.  Additionally, he suggests another way to take my career to the next level is to develop a questionnaire for others to complete that will ultimately help me to understand what are the current needs in the industry and try to find the best way to address those needs.
In conclusion, this interview was very informative and was relative to the Sports Management and Operations objectives.  I have total admiration for his candidness and his ability to beat the odds.  The journey that he has taken in order to accomplish all that he has and to become the individual he is today is truly miraculous.  He does not hesitate to acknowledge and thank God for the Blessings and opportunities he has been afforded.  Lucas is highly regarded as one of the best resources for basketball training and development in the country.   Top NBA and collegiate players across the nation travel to Houston, TX during their off-season, especially during this lockout, to participate in his workouts and training sessions.
            I am hopeful that I will be awarded an internship with his organization and acquire some of the knowledge and skillsets that he possesses and utilizes daily as he has dedicated his life to helping others regain and maintain control of their lives.  Working with his organization will also be an opportunity for me to continue to develop my non-profit business plan that is centered on working with and developing athletic scholars for life during and after college.


REFERENCES   
Lucas, John H. (2011) Personal Informational Interview. Interview convened on October 12, 2011.
 

Friday, October 14, 2011

USA Basketball's Social Media Status




This presentation analyzes USA Basketball’s (USAB) use of social media network in comparison to the NBA and the US Olympic Team USA.  Virtually every business is into social media marketing.  Although they may not be receiving the best results, some are just happy to be on the circuit. This is not a good marketing strategy!

If your social media endeavor is not yielding tangible results or maximizing its fullest potential, it is time to take a second look at your social media presence in comparison to others, and ask yourself whether you are doing the right thing. Are you?  Let's take a look at this video to see where USAB stands in comparison to others. Enjoy!








Friday, October 7, 2011

Sports Still Draw Fans Despite Recession




The article, “Sports Still Draw Fans Despite Recession”, has highlighted some very intriguing details with regard to the survival of sports and franchises in a downturned economy.  In spite of unemployment rising dramatically, “many people are still spending at least some money on sports activities.”  According to Bain-Selbo, "Once you gain a taste for it, you want to see an event, and it's a relatively cheap thing to do." (Bain-Selbo, E. 2008)  It may be considered an extreme view, but it is believed that some fans are actually FAN-ADDICTS (fanatics). 
Although this belief helps to explain why ESPN and CBS television networks agreed to pay the Southeastern Conference (SEC) $3 billion to broadcast mainly football games over the next 15 years, this is a small factor in the prescription for curing the ails of the sports industry.   The only league that appears to be unaffected by the severe slump in the economy is pro football.  The NFL does not have as many worries as other leagues in the industry.  Economic strain is felt in other areas of the sports world such as the NASCAR races, Major League Baseball (MLB) games, college campus athletic employees, and collegiate sporting events. 
Additionally, not mentioned in this article is the affect the NBA lockout could have on the sports industry.  After the expiration of the Collective Bargaining Agreement (CBA) on June 30, 2011, the league imposed a lockout.  Since Friday, July 1, 2011, the matters in dispute between the Owners of the thirty NBA teams and the National Basketball Association Players Association (NBAPA/Union) players (Players) are sure to have some long-term detrimental consequences, specifically to the fans and the economy, if the impasse continues.
In an effort to incentivize fans to attend more sporting events and to stimulate economic activities, cities and states governments are directing a significant amount of public funds into professional sports venues.  The government hopes to recoup some of the expense by selling the naming rights of the facility. 
A perfect example is the new Amway Center facility in Orlando, Florida.  This new event center is an exceptional state-of-the art facility that has more amenities available to the fans.  The luxurious boxes has big leather chairs, lower level luxury and premium seating, reserve seating at the restaurant with buffet, a variety of restaurants (Asian, Mexican, etc.), a jungle gym activity area, picture taking opportunities, updated technology includes 1,100 screens, a HD (high definition) control room, 42’ tall scoreboard, and touch screens for ordering concessions or dining items. 
Although this is an increased opportunity to make more money with these amazing amenities available to the fans, some franchises are still operating at a loss.  Another idea that I believe would be an effective means of generating revenue is for franchises in the sports industry on both the collegiate and professional level to “take a bite of the apple” and partner with Apple.  With the recent passing of the former CEO, Steve Jobs, Apple has lost a visionary and creative genius.  The timing is "ripe" to partner with Apple, and further enhance the vision of Apple and generate more money for the sports industry by getting those fans in the stand.
There are millions of people who either have or desire to have an iPod, iPhone, iPad, iMac notebook computer, or iTunes gift card.  Leagues in the sports industry could appeal to the FAN-ADDICTS, who is also seemingly addicted to these items, and offer giveaways to a specified number of attendees or discounts to those who currently own one or more of these items.  As an additional incentive, the fans could use their iPhone to text a representative of the franchise with the hopes of possibly winning a designated Apple item or monetary gift.  The fan(s) will receive a text "YOU ARE THE WINNER" during the game; however, the recipient(s) MUST be present to win.     
       Other ideas for giveaways would be to Partner with the local utility company and lottery commission; or the BOGO theory, buy one, get one half-off on tickets or concession items.   Let’s not forget our seniors and grandparents.  One of these establishments could sponsor a “TAKE A CHILD OR GRANDCHILD TO THE GAME NIGHT” by offering ticket and concession packages with gift cards from places like local grocery store establishments, Massage Envy spa services or partnering with other local or national popular sporting goods chains and gyms.  
Click on my video for interesting "did you know" facts and benefits of Partnering with Apple.