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Indian E-music – The right mix of Indian Vibes… » 2020 » January » 22


MORE NAMES FOR THE PHOENIX LIGHTS 2020 LINEUP

Delivered... Spacelab - Independent Music and Media | Scene | Wed 22 Jan 2020 9:30 pm
More names are rolling out this week, check for updates on the lineup!

This how-to for beginning VJs is probably… not ideally where you want to start

Delivered... Peter Kirn | Scene | Wed 22 Jan 2020 7:54 pm

VJ communities on social media today have been puzzling over a wiki on “How to Become a Popular Vj.” Get ready for the knowledge.

Some advice is just vague – “What is your favorite music?” “Make business cards.” And of course something about clip libraries

Then the technical advice is where things really go off the rails. Commercial software VDMX from Vidvox is described as “free.” (Maybe they pirated it?) And it comes with this peculiar warning:

“DO NOT wait the day of the show to learn to use it. And don’t pretend that you can learn to use it if you don’t have a projector. Learning to throw the image onto the large screen is different for every program and computer. “

Uh… what?

Then there’s a reference to “VGM cables.” (VGA? What?) Sure, could be a typo, except then it also points you to a “VGM adapter.” (I was going to make a joke here, but this acronym doesn’t stand for much in any context.)

Oddly enough, this article has 11 authors. All I can think is that someone maybe edited a reasonable wiki article as a joke?

In which case, uh – thanks for the distraction. Keep on editin’ here:

https://m.wikihow.com/Become-a-Popular-Vj

So, uh, I guess I should have some more Create Digital Motion articles real soon, huh, if this is the state of online knowledge? I mean, we’re not going to watch a YouTube video – even as a VJ.

Just get on behind that mixer and go.

Looks legit. Hey, did they install a light inside the speaker monitor there? Whoa. Dude.

Image credit – https://creativecommons.org/licenses/by-nc-sa/3.0/ – WikiHow.

The post This how-to for beginning VJs is probably… not ideally where you want to start appeared first on CDM Create Digital Music.

The month’s best mixes: mutating moods and club-ready wreckers

Delivered... Tayyab Amin | Scene | Wed 22 Jan 2020 5:11 pm

DJ Taj turns on the charm, Stellar OM Source hurtles towards revelation, while Elijah and Skilliam unveil a mix manifesto

Related: The best underground dance music of 2019

Continue reading...

CTM and Boiler Room Curator Opium Hum Chooses His ‘Ones to Watch’ for 2020

Delivered... whitney | Scene | Wed 22 Jan 2020 3:32 pm

There’s no question that some of the most dynamic artists that have emerged in recent years within electronic music hail from the far flung corners of the world. Considering the glowing praises circulating Nyege Nyege festival and its associated Hakuna Kulala artists in Uganda, as well as the cadre of progressive acts like Lechuga Zafiro and Linn da Quebrada holding it down in the global south...

Source

‘No Fiat 500 techno!’: why electronic music in Cork is popping off

Delivered... Colin Gannon | Scene | Wed 22 Jan 2020 1:22 pm

A crop of hyper-imaginative producers like Lighght, Ellll and those on the Flood label all emanate from Ireland’s ‘rebel city’ – but can it hold on to them?

“Messy in the best possible way,” says Cork producer Doubt of the epiphanic experience he had in 2015 at a warehouse rave in Manor House, north London. “It was really relaxed vibes. Security – although I didn’t see many – were sound, and there were heavy bangers all night. I’d never really experienced anything like that in Ireland.”

He was in London because of English producer NKC, one of the originators of the club sound known as hard drum, then just a Soundcloud tag. Doubt (real name Ollie McMorrow) and compatriots Tension (Dylan O’Mahony) and Syn (Reneé Griffin) set up their own label, Flood, a year after their hard drum rendezvous in London. After learning, experimenting and dawdling with friends in Cork, all it took was NKC’s raucous parties to dissolve their collective inhibition.

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“Come See Us At The Superb Owl” – Don’t Try This At Home!  2020 Update on Super Bowl Advertising and Promotions

Delivered... Mitchell Stabbe | Scene | Wed 22 Jan 2020 4:51 am

For several years, I have posted guidelines about engaging in or accepting advertising or promotions that directly or indirectly reference the Super Bowl without a license from the NFL (see, e.g. our articles here and here).  It’s that time of year again, so here is an updated version of my prior posts.

The Super Bowl means big bucks.  It is estimated that each of the three television networks that broadcasts the Super Bowl pays the NFL over $1 billion per year for the right to broadcast NFL games through 2022, including the right to broadcast the big game on a rotating basis once every three years.  The investment seems to pay off for the networks.  The Super Bowl broadcast alone generates hundreds of millions of dollars for the networks from advertisers.  In addition to the sums paid to have their commercials aired (reported to be approximately $5.6 million for a 30-second spot), many advertisers spend more than $1 million to produce each ad.  In addition, the NFL receives hundreds of millions of dollars from licensing the use of the SUPER BOWL trademark and logo.

Given the value of the Super Bowl franchise, it is not surprising that the NFL is extremely aggressive in protecting its golden goose from anything it views as unauthorized efforts to trade off the goodwill associated with the game.  Accordingly, with the coin toss almost upon us, advertisers must take special care before publishing ads or engaging in promotional activities that refer to the Super Bowl.  Broadcasters and news publishers have greater latitude than other businesses, but still need to be wary of engaging in activities that the NFL may view as trademark or copyright infringement.  (These risks also apply to other named sporting events, for example, making use of the terms “Final Four” or “March Madness” in connection with the upcoming NCAA Basketball Tournament – see, for instance, our articles here and here.)

Simply put, the NFL views any commercial activity that uses or refers to the “Super Bowl” to draw attention as a violation of its trademark rights.  Many of the activities challenged by the league undoubtedly deserve a yellow flag.  However, the NFL’s rule book defines trademark violations very broadly.  If anyone were willing to throw the red flag to challenge the league’s position, a review from the booth might reverse some of those calls, but seeking review of the NFL’s play may be risky, time-consuming, and expensive.

Advertising that Refers to the Super BowlUnder trademark law, use of a third party’s trademark is considered to be permissible “nominative fair use” if the use does not suggest a relationship between the advertiser and the trademark owner and the trademarked goods or services cannot be readily identified without using the trademark.  Nevertheless, the NFL objects to any unlicensed advertising that refers to the Super Bowl.  For example, the use in advertising of taglines such as “Stock Up for the Super Bowl” for beer or snacks or “Get the Best View of the Super Bowl” for big-screen TVs has routinely led to the prompt issuance of cease-and-desist letters.  The NFL may make a claim directly against the advertiser, as well as against a broadcaster or other news organization that publishes the ad.  As a result, many broadcasters may not with to accept advertising that specifically refers to the Super Bowl unless the advertiser first shows that it has NFL approval.

Other Marks: To overcome these problems, many advertisers now replace any reference to the “Super Bowl” with “The Big Game.” When advertisers commonly began using this tactic, NFL Properties tried to register THE BIG GAME as a trademark with the United States Patent and Trademark Office.  (The NFL also has federal trademark protection for “Super Sunday®,” “Gameday®,” “Back to Football®,” “1st and Goal®” and over a hundred other marks.)  Over twenty different parties threatened to oppose the application for THE BIG GAME and the NFL voluntarily abandoned the application.  We are not aware of any reported claims by the NFL against advertisers based upon the use of “The Big Game.”

Below are some examples of other activities that create a significant risk of an objection by the NFL:

“Super Bowl” Events or PartiesA bar or restaurant that has a public performance license to show television programs on their premises has the right to show the Super Bowl broadcast to its patrons, but if it uses the words “Super Bowl” in its advertising to attract customers, the league will object.  Similarly, a company should not be listed as the sponsor of a “Super Bowl” event or party.  And, under copyright law, a fee should not be charged to watch the game.

Famously, in 2007, the NFL sent a cease and desist letter to an Indiana church group that had used “Super Bowl” to describe a viewing party for the game and would charge $3.00 per person to cover the cost of snacks.  The NFL, however, will not object to a church viewing party for the Super Bowl if it is held in the church’s usual place of worship and no fee is charged for attending.  Churches can, however, request donations to help cover the cost of the event.  In addition, the league will not object to religious organizations that refer to their events as Super Bowl parties, provided that no NFL logos are used.

Sweepstakes or Giveaways (Naming or Prizes):  Promoters should avoid incorporating “Super Bowl” in the name of any sweepstakes or giveaway or as a prominent feature of their advertising.   Further, the NFL takes the position that game tickets cannot be offered as a prize or award.   In most situations, the “first sale” doctrine under trademark law provides that the buyer of goods may do whatever it wants with its purchase, including reselling it or giving it away.   Faced with this argument some years ago, the NFL (as well as the other sports leagues) now includes language on the back of tickets, prohibiting their use as part of a sweepstakes, giveaway or other promotion.   While some might argue that the purchaser of a ticket will not even see this language until after the purchase is completed and therefore the terms have not been agreed to and are not binding, this argument has not precluded sports leagues from bringing claims when broadcasters have tried to do unauthorized giveaways with tickets bought on the open market.   Tickets to an event are legally considered a license to attend the event, rather than a good that is sold, and therefore entry can be conditioned on any basis that does not violate public policy.   Given the actions we have seen taken by sports leagues in the past, we would caution against contests involving ticket giveaways unless authorized by the NFL.

Names of Programs: Even if a broadcaster is not with the network that carries the Super Bowl (this year, CBS), it may want to produce a television program about the game.  In years past, the NFL or a local team has challenged local broadcasters that include the name of a team in a weekly program dedicated to discussions about the team.  Thus, it would not be surprising if the NFL similarly objects to naming a pre-Super Bowl television program about the game if the program incorporates “Super Bowl” in the title.  (As discussed above, there is a strong argument that such naming constitutes permissible “nominative fair use.”)

Special Advertising: Newspapers and online news outlets frequently have a special “section” that is devoted to coverage of the Super Bowl.  The organization should be able to solicit advertising to accompany its stories, just as it does for any of its news reporting.  It would be risky, however, to have an advertiser “sponsor” the coverage, particularly if “Super Bowl” is part of the name of the section or used in the special advertising.

Disclaimers: A disclaimer such as, “Not an Official Sponsor of the Super Bowl” or “This Advertisement (or Event) Has Not Been Licensed or Authorized by the NFL” will not ward off a cease-and-desist letter.  Moreover, in the event of litigation, it is unlikely to provide a defense to a claim of infringement.  And, even if the defense were ultimately successful, the defendant would still incur significant attorneys’ fees and other litigation expenses.

Masked Advertisements: A broadcaster who accepts an advertisement wishing good luck to the players or congratulating the winning team, but does not expressly promote the advertiser’s goods or services, still runs a substantial risk.  In recent years, some businesses that have run “congratulatory” pieces in honor of some achievement by an individual athlete have been sued.  In one case, a jury rejected the defense that the business was engaged in protected non-commercial speech and awarded $8.9 million in damages.  Although this verdict was based on a violation of the athlete’s right of publicity, it would not be surprising to see a similar claim made by a sports league based on its trademark rights.

Don’t Get Cute  With tongue planted firmly in cheek, Stephen Colbert has poked fun at the NFL’s enforcement efforts by encouraging advertisers to use “Superb Owl” instead of “Super Bowl.”  Last year, an Arizona company tried to register “Superb Owl” as a mark for running events.”  It was presumably no coincidence that the Superb Owl race was scheduled to take place in Phoenix, where the Super Bowl was being held, on the same day as the game.  In addition, the company used the mark with slogans such as “Start Superb Owl Sunday Morning right with a football-themed tailgate party.  It should not have come as a surprise that the NFL opposed the application, which was ultimately withdrawn.  Other marks opposed by the NFL include “Superbowling Spectacular” for charitable bowling events, “Souper Bowl” for soups and “Supa Bowl” (“Supa” means “large” or “big” in Pidgin English) for restaurant services.  None became registered marks.

Risk Analysis: The policy underlying protection of trademarks is to protect consumers from deception and prevent customer confusion.  That said, is there a meaningful difference between, for example, an ad that invites consumers to “Stock up for the Super Bowl” as opposed to one that says, “Stock up for the Big Game”? Do they convey different messages? Is one more likely than the other to confuse consumers into believing that the product being advertised is sponsored by, endorsed by, or otherwise affiliated with the NFL? Probably not.

So, why is the NFL so aggressive? The answer almost certainly lies in the fact that “official sponsors” of the Super Bowl and other trademark licensees would not be willing to pony up the huge sums they pay if a competitor could freely use the “Super Bowl” trademark or the game to promote itself without also paying a license fee.  This risk is particularly high for those who have been promised exclusivity in a given category and the right to promote themselves as “The Official _____ of the Super Bowl.” Thus, the NFL has a huge incentive to prevent any advertising that may cross the line.  Aggressive enforcement also has a significant deterrent effect on businesses who might be tempted to engage in Super Bowl-related advertising or promotions.

These limitations apply to commercial uses of the NFL’s marks.  News organizations, however, have the right to use “Super Bowl” or other NFL marks in reporting on the game.  (If they could not, viewers, listeners or readers might find themselves very confused!)  That said, a news organization that wants press credentials for the game faces an additional risk if it accepts unauthorized Super Bowl-related advertising.  Although news organizations are not required to have permission to report on an event, as a practical matter, their ability to do so from inside the stadium will be hampered by a refusal by the NFL to issue press credentials.  (And, yes, we have seen professional sports leagues make such a threat.)

For these reasons, for most broadcasters and other news organizations, the better course is to be aware of and avoid any possible pitfalls, rather than run the risk of litigation.

 

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