Archive for Licensing & Intellectual Property
Video or Photo Documentary
We provide time lapse video, documentary and photography for Creative and Construction Projects.
There are many benefits to having a dedicated camera operator/photographer for your project:
1. You don’t lose time while stopping to document your work or project
2. You can move on to the next paid project (we can go back to get those all important “after” images)
3. Your photos and video look much more professional and steady
4. You will have documented evidence of your work for marketing, training, sales and use on your website
5. Few things are as dramatic for presenting job progress as a “time lapse” video
As executive producer and producer we have worked with many trades and business owners to document their work, edit it, and present it in ways that help them draw more attention to their talents (and the work they have ALREADY done).
Our services are affordable. We can handle heights, lighting and getting the right professional shot (under any circumstances).
We are even equipped to deliver broadcast quality production in the event you would like to have your own web-cast or broadcast television show (self-help, docu-drama or just for fun). We have narrators, hosts and animation capabilities as well (for that professional touch in communicating with a viewer, whether it is images, a great script or a smiling face).
MY OPINION: The best and easiest way to gain credibility as an authority in your field is to be depicted as one…in a video.
Mark Mahar
Give us a call and we can discuss your next project.
Phone A Friend
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Over the last decade, it has become normal for me to hear from my clients about once a week to discuss an idea, obstacle or need in their business.
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PERFECT FOR STARTUPS, INVENTORS, ARTISTS & DISTRESSED BUSINESSES – START NOW!
The #1 question I get asked is to solve a problem on a specific budget. I have yet to fail in charting a realistic course for success within a client’s budget. I can show you how to do things that many businesses spend ten times as much for (without half the insurance measures I show you how to include).
How many people can you call who know your industry well enough to give you an intelligent opinion?
How many of those people can you be completely honest with, share your REAL concerns, and receive unbiased confidential advice? I don’t SELL anything…I help business owners arrive at cost-saving conclusions for rescue, launch, efficiency, growth and sanity.
I make my living by providing unique creative solutions…and mapping routes to revenue. I don’t sell anything other than my brain (and you can rent it for the bargain basement price of $99/month). I expect you to cancel this subscription once we we figure out the best way for me to be available to you down the road. Until then, I’ve made it as affordable as possible to “try me”.
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Sad State – Advertising Industry
This is one example of how music and broadcast production is deteriorated by a slow take-over by technology savvy (but otherwise inept) “advertising and media” talent.
The Advertising industry is going to crap…for what I think are obvious reasons.
Maybe you’ll agree, maybe you won’t, but I happen to think the actual production solicitation I just received is absolutely priceless (blow off your holiday weekend to present an idiot who knows nothing about music your speculative rendition of their crappy lyrics…for scrutiny by a “huge” ny agency):
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[GREETING OMITTED]
Below is a special opportunity that we wanted to give you a heads up about. Just got the word about this project today, and need the music by 6:00 PM PDT on Saturday July 2nd, 2011. You can find this listing [COMPANY INFO OMITTED].
HUGE NY Ad Agency needs a SINGER/SONGWRITER SONG for a national NUTRITION/HEALTH BRAND’s TV COMMERCIAL. It’s estimated that this gig will pay $15-$25,000 up front, but the back will bring in more dollars–LOTS of national airplay coming down the pike. This is going to be a little complicated so read VERY carefully!
The TV spot features a male/female duet singing about taking your nutrition to the next level. It’s starts with a guy, playing guitar and he begins singing at 3 seconds into the spot. Ten seconds into the spot, he’s joined by a young woman who sings background vocals and plays tambourine. She becomes a one-woman band as she begins to ALSO play a kick drum and a keyboard–added in that order, and introduced one at a time.
All this needs to take place in 30 SECONDS, while they sing the lyrics below! The good news is that this is a DEMO, and the agency folks know the lyrics they’ve been handed by their client are on the fat side. Your job is to keep the CRITICAL parts of the lyric in tact, while cutting SOME fat to bring this song in at exactly 30 seconds. You can trim a “yeah, yeah, yeah” down to just one “yeah,” etc., but you MUST keep “Anthem” and “Go Nutrients” and as much of the original concept as possible and MOST of the lyric in tact. Quoting the Head Creative guy at the agency: “Write a great SONG with as much of the client’s lyrics as possible.” Easy, breezy, nothing to it, and bring it all home in 30 seconds!
Musically, this SONG needs to be UPTEMPO, HIP and FUN, and in a Jason Mraz or Bruno Mars-like style of putting (vocal) doubles or triplets on top of half notes. That could give it a cool, fun, funky feel while helping you get most of the lyrics nailed in 30 seconds. Melodically, your song needs to sound like a HIT with a KILLER HOOK–it needs to be infectious, memorable and singable.
This product will likely generate a series of TV spots, so nailing THIS one COULD get you to the front of the line for others. If your DEMO is chosen to be presented to the agency and client, you’ll need to be able to make minor changes (if needed) on Monday, July 4th so the final version can be presented on Tuesday morning. If you’re not fully available Sunday (dinner time) through Monday (dinner time), please DO NOT submit for this listing! Welcome to the intensely fast-paced, whacky world of music for advertising!
Lyrics:
You take a multivitamin every day
But you want to add a little something (hey hey hey)
So you reach for new [OMITTED] from [OMITTED]
Can I get a funky beat on the bass drum
Take Omega 3 to help your heart
Helps your eyes and brain too…so state of the art
Probiotic for when your system feels out of whack.
Immunity? No problemo! And support that digestive tract. (Uh-huh.)
Fruit & Veggie has antioxidants galore!
Will make you glow for the one you adore. (Grrrrr)
Get on up, throw your hands in the air.
Take your nutrition next level, Start a love affair!! (Yeah yeah yeah.)
Broadcast Quality is needed, even though they may ultimately use NY session singers for the vocals. You must own or control 100% of the Master and Composition rights. If you are chosen, the AD AGENCY will contact you DIRECTLY. The agency is not sure at this time if this will be a Work for Hire deal or exactly what form the deal structure will ultimately take. Bottom line, it will certainly be in line with whatever the Industry Standard would be in a situation like this. This is a HUGE agency, and they’re not in the habit of risking their reputation by cheating musicians–it’s not like they’re a record label – LOL!! Please submit one to three songs online or per CD, include lyrics. All submissions will be screened on a YES/NO BASIS. NO CRITIQUES FROM [OMITTED]. Submissions must be received no later than SATURDAY, JULY 2nd, 2011 at 6:00 pm (PDT). [COMPANY OMITTED]
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NOTE: I’m still laughing…and somebody is gonna get $25k to produce this piece of crap. A “HUGE” NY agency is actually charging money for this (and I could probably do a self-perpetuating national campaign for your business for what this one spot is costing to have customers laugh at a product and an artist). Sad state of affairs indeed.
Just thought it was worth sharing.
Off-Shore Companies
Why are larger U.S. Corporations moving off-shore?
Simple – the COST: Migrating off-shore results in a ”Net Tax & Maintenance” cost of 20-22% Net Income Burden…as opposed to the highest corporate tax rate in the world (35% U.S). As not all corporations qualify for government handouts (in the the form of tax incentives) and many lack the administrative infrastructure to lobby or apply for these subsidies, the simple alternative is to level the cost of doing business with one simple word, “geography”.
Are you considering establishing an off-shore enterprise?
At a 22% Net Burden, this still may not be the most favorable solution for some small companies (because the federal tax code may have more favorable advantages if you “qualify” for the ever-growing list of things that Congress sees fit to exempt from the tax code). Congress has what some would call a bad habit of attempting to “steer” business towards their intended centralized design for a consumer economy and your cost of eligibility may be less than the cost of migrating.
Another consideration to keep in mind is that once income is abroad it typically must stay abroad (for tax compliance). Measuring compliance against an Owner’s compensation plan/exit strategy, there may be additional considerations to increase Owner’s W2/Personal taxable income (adding personal tax liability or averting that new liability with added personal retirement infrastructure). There is an inherent cost of establishing or protecting income reported through W2 as opposed to Scheduled earnings. That is a good conversation for your tax professional.
SERVING THE RIGHT MASTER:
I am personally an advocate for a 15% Corporate U.S. Tax and removal of all federal tax loophole/subsidies through a simplified tax code (the two must happen in tandem or there will continue to be losers on both sides of the job creation argument). There is a third argument of solvency but, candidly, “government spending” (more aptly, “restraint from spending”) is a discipline that can’t be cured by the tax code – that is a whole other topic. For the topic at hand, it is my personal opinion that legislators should not punish enterprise or pick who is and isn’t relevant in a free economy. Until such time as Federal Legislators enforce an environment that is friendly to job creators and doesn’t reward select companies for a central solution agenda, Mahar Enterprises, Inc. is happy to help less agile small companies legally move their corporate presence off-shore (or any other strategic alternative).
A simplified tax code would change corporate burdens (requiring the services of fewer accountants and lawyers) while increasing tax revenue to the Federal Government. I want to see it happen and I remain hopeful that all previously migrated corporations will return to their domestic roots. Until then, I have an obligation to my clients (and other countries have more realistic tax rates for relatively low cost of migration).
ASSET MIGRATION:
Some might aspouse the virtual fluidity with which “holding companies” can transfer their assets in this technological and patent-driven market (given that many holding companies are a “paper change”, rather than a physical operational relocation). I would point out, however, that the U.S. Patent and Trademark system is an important infrastructure to intellectual property holders, which provides a laundry list of protections (along with an abundance of practically “institional” legal precedent for domestic properties and rights-holders)…all of which may pose a higher migration risk to ”intellectual property holding companies” (Mahar Enterprises, Inc. included). We would be happy to do a cost/risk assessment in conjunction with your legal and accounting team to assess any impact that migration may have on your intellectual property, but the point here is not to sell ourselves – the point is “we highly recommend an indepth evaluation of your intellectual property” (even if you hire someone else, please do it before even entertaining an off-shore decision)…and to weigh those considerations against the alternative.
COMPLIANCE:
Depending on your resident state, off-shore corporate compliance requires a “real” office with human beings, duplicate equipment, a board room, payroll infrastructure (sometimes all payroll processed through the foreign entity) and in some cases “on-site executives” (legally empowered executive level management; CEO, VP and/or COO to be resident to the foreign corporate headquarters rather than the domestic market area).
Off-shore income reporting does not mean “hidden income”. Sheltering a corporation on foreign soil should only be entertained for legitimate enterprise, in order to achieve a lower (and compliant) liability than the alternative. If your intentions are to avoid reporting income, you won’t be in compliance with U.S. or State Law anyway. Two jurisdictions already monitor your compliance for fraud and liability (State & Federal), with a dizzying tax code and redundant regulations. Why compound this scrutiny and penalty by adding the jurisdiction of a third government entity? If you are breaking U.S. Law, it doesn’t matter where your company is “based”. Don’t be an idiot. If you are, however, seeking a legitimate option it may very well be the best option. Consult an accountant…then a lawyer. At that point you’ll be equipped to budget for a migration support system (like ours) or consider the alternatives with a keen eye on risk assessment and life-cycle.
CONSIDER THE ALTERNATIVE:
There are tax incentives that may exist outside your industry (as a simple line-item deduction). Some of these things simply require you to think “outside of the box”.
Example: Did you know that if you produce a documentary about your company or leadership (or industry), with the intent of packaging it for retail or distribution (as a “Movie” or “Production”) that you qualify for a tax credit in many states (in addition to Federal Tax Credits)? Do you have to advertise? What is your advertising budget?
In some cases, this single “line-item deduction” (no schedule) essentially becomes an advertisement (one that people could foreseeably PAY to view or that a Network pays you to air) can off-set your tax liability for less effort/expense than migrating your company off-shore. Not only does it feel more patriotic, but you have to advertise anyway. Why not turn your tax credit into a potential piece of intellectual property? (with a potential revenue after it serves it’s initial dual purpose of advertising and tax exemption)
Packaging affordable alternatives is what we do…and that one example obviously creates four tiers at which there exists potential recoupment of investment (Tax Exemption, Marketing Savings, Licensing, Retail – to say nothing of the proper presentation resulting in branding from a social responsibility standpoint). No smoke and mirrors. These and countless other creative domestic solutions are available right now, through Mahar Enterprises, Inc. as part of our proprietary “passive marketing strategy” and we would be pleased to offer you an assessment.
Regardless – Through any alternatives you might consider, there should be a sequence of qualifiers – Compliance, Cost, Savings, Life Cycle. Humbly, I would submit to you that the life cycle of foreign profits is “tax light” (foreign wealth accumulation – for tomorrow), whereas the life cycle of strategically executed profit is “tax neutral” (domestic economic agility – for today). You don’t have to be a uniquely qualified, lobby-backed or administratively savvy corporation to exert your inherent agility…you just have to be proactive and compliant (domestically or abroad – whichever the case may be).
“How” you use an asset or resource can be just as beneficial in reducing your liability as “where” you do business.
Simply put: Geography isn’t everything (it is just one thing).
CONSIDER THE SOURCE:
We do not offer legal or accounting advice. As either a partner in your migration effort or as a partner in your domestic strategic solution (passive marketing strategy or other proposed alternative), our role is to provide you with a compliant model – identifying any obstacles to achieving ”integrity” for your intended life-cycle (as advised by your legal and accounting team, in conjunction with our resources). Please seek legal and accounting advice prior to engaging our services.
We also have a “horse in the race”, as they say – we want your business. Our opinions on this topic are inherently biased. I personally believe that there is nothing immoral or unpatriotic about averting the blatantly selective tax grab that has been perpetrated by congress (and at the hands of lobbyists). If congress didn’t convolute the marketplace, dilute the natural order of supply and demand, attempt to buttress failing industries (and their failing leadership) or incentivize failure, U.S. Corporations would have no reason to pursue a more clear and predictable alternative. I’m a capitalist (just as my clients are). We are here to earn your business and we have a perspective.
Business is conducted aggressively when it can be forecast with even the smallest certainty (there will always be risk-takers who see a straight line through even the most dynamic conditions). Congress, however, has effectively fogged the eyeglass of many otherwise savvy and risk-willing corporate leaders…removing all sense of depth-perception from the marketplace. The maxim that “perception is reality” is only true for business in the sense that perception as view of the market is what drives business decisions (and business brings ideas into reality). Sometimes the importance of sequence (linear concept) gets lost with politicians (politics is inherently philosophical – consisting within a theoretical sphere of implications…not a mostly linear science as business is). Congress would have citizens believe that a social consciousness is what creates perception/reality. I would argue that social consiousness only impacts demand, whereas “supply” is a device of the business community. As congress pushes on one, the business community will continue to find ways to AFFORD the risk required to pull on the other (supplying an idea with it’s birth into reality by leveraging resources – leveraging risk).
As I type this, the Federal Government is half-way into the fiscal year without an approved budget, while adding to a record deficit and essentially debating the constitutionality of financial insolvency as the debt ceiling caps for a fourth time in as many years (if that doesn’t demonstrate an abandonment of linear thinking, sequence, and consequence, I don’t know what else to tell you). This is the hobgoblin of philosophy…just as the quest for agility is the hobgoblin of enterprise.
Corporate Migrations are a device of congress and a pragmatic risk assessment to many corporations. Politicians set the game. Corporations follow the rules. At Mahar Enterprises, Inc. we only work with clients who are interested in following the rule of law (and I personally still think this is the greatest nation in which to launch a business). It is because of our patriotic domestic interests that our focus on risk assessment and a life-cycle are weighted in ”domestic agility” …and drives the bias of our recommended services (it keeps JOBS and REVENUE domestic…while migration does have benefits for some, but not all, corporations).
Our/my perspective should not be the only perspective you seek in a consideration to “spend your way out of tax liability” (and I would point out that this statement feels counter-intuitive for a reason – listen to the little voice in your head).
Be proactive - exit strategy, life-cycle and domestic agility are far more important than lowering your tax burden (and you can design to achieve all of them with the appropriate strategy).
This is one opinion from one source. Thanks for visiting.
Mark Mahar,
President
ASCAP, BMI, etc…
…just quickly, because I get asked a lot:
Nightclubs, Artists and Web Designers need to know how to appropriately license the music they plan to use.
Artists who want to know the finer points of whether they should associate with a performance rights organization can ask questions below, or contact me. I will be eventually dedicating an entire portion of the forums to this topic.
BUYERS may have to deal with all of the organizations (or limit themselves to the “library” of one organization).
PUBLISHERS & WRITERS can only be represented by one organization.
www.ascap.org (ASCAP; American Society of Composers, Authors & Poets)
www.bmi.com (BMI; Broadcast Music, Inc., as an answer to ASCAP)
www.sesac.com (SESAC; fastest growing…because it is the newest)
If you’re using music in your media, presentations, nightclub, website, and/or business (even for automated phone attendants), you’re supposed to have a license for the content. This is how songwriters and publisher get compensated for bringing music into the world.
We are happy to walk clients and artists through the process and equip them with what they need to know about licensing, for two reasons:
1. We’re a publisher and it is in our interest to keep things above board.
2. It is REALLY EASY to operate legally – and usually it inspires people with ways that THEY CAN PROFIT from the licensing dance.
As with all things – do it right the first time. It takes us about 30seconds to answer a question (and it saves you the headache of hearing from somebody’s lawyer).
Example: In order to use the original recording of the Cheers Theme Song for a promotion (for THE Cheers! Restaurant in Boston), I had to license the song rights from the artist. Licensing the actual recording used in the show came at a proposed cost of several thousand dollars (not attractive for a one-time promotion or simply for use on their website). Think about it though - They haven’t been using the song for over 3 decades because the second they did it represented a hit to their bottom-line. Or DOES IT?
Solution: After 20 minutes in the studio (recording a new/similar piano& vocal track), I licensed the mechanical rights for the original and handed them a track they could use. Their total cost ended up being $120…and they can do whatever they want with it now.
Seriously – One of the most recognizable brands in the country and they waited 30 years to add their most recognizable theme-song to a promotion. Knowledge is power. I’m happy to demystify this and many other topics for my clients (don’t wait 30yrs for a $120 solution).
Two things are owned when you hear a song on the radio:
1. Mechanical Rights (the words and music – as it would appear on a piece of sheet music) – extremly affordable
2. Master Recording (the owner of the actual audio recording that you hear) – not always affordable
- Mark
1 Day Film School
(utilizing licensing for retail products)
Prolific Film Industry Professional, Bobby Logan, teamed up with Image Icon Entertainment (with the support of Mahar Enterprises, Inc.) to create a valuable resource for emerging film-makers.
“Bobby Logan’s 1Day Film School” on 2 DVD’s is available at an amazingly low $99 [Buy It Now]
Here’s a small sample of the subjects covered in Bobby Logans’ 1 Day Film School DVD set:
Part 1 – “Creative Elements”
- Coming up with a clever, commercial idea
- The script – length, 3-act structure, re-writes
- What does the audience want? And how to give it to them
- What do distributors want? What elements are important?
- The genres that are always in demand
- How to direct/handle actors
Part 2 – “Technical Requirements”
- Crew positions
- Hiring the right crew – and at the right price
- Getting your film equipent – for little or no money
- How is it, you dom’thave to know a thing about technology
Part 3 – “Business”
- Shopping your completed film
- Dealing with distributors
- The politics of film festivals
- The business of casting – you need names to sell the film
- Producing a high-quality film on a shoestring budget
Educational DVD Credits:
Licensing - Mahar Enterprises, Inc. / Mark Mahar
Production, Editing, Artwork & Packaging - Image Icon Entertainment / James Benti / Jim Smith
Educational Content – Bobby Logan
Patent & Trademark Basics
I’ve created a place in the site to learn the basics of what constitutes “intellectual property”.
The short version is:
“Copyright” – you own it the second you write it down. It is a device of law (which is better protected when you actually claim your rights by writing “AUTHOR, Copyright, DATE”
“Trademark” – a word or phrase or symbol used in MARKETING. You can claim it’s yours with the word “TM” and you can legally apply to have the federal government say it’s yours (which allows you to legally use the “Registered Trademark” (R) symbol).
“Patent” – a legal document saying that you own the way an idea is APPLIED (idea = digging for gold in rivers [not patentable]; applied idea=panning for gold using a round disk after you dig up some dirt [patentable]). There’s more to it than that – but an idea is just an idea until it is “applied”.
“Trade Secret” – something you never, ever, ever, ever, ever disclose because if someone else knew how to do it they would be able to compete with you. You have this right because sometimes ideas can never be applied in a way that qualifies for a patent (like a recipe for instance)…but they are still uniqe ideas.
Want to know more? [Click here]