Athens Theatre: Beauty & the Beast

If you live in DeLand, you do not have to travel to Orlando to see a professional theater production. You just have to go downtown to the Athens Theatre!

Local Theater has been prominent in the DeLand community for countless years. Year after year, the whole community gets involved in Community Theater. From Craig Uppercue's Youth Theater to the Sands Theater professional productions, the people of DeLand have been there giving their  support by either being behind the scenes, on the stage, or in the audience as spectators there to cheer on their friends and family. In small town America, DeLand has proven to support the arts.


Many have been fully involved in the Dance & Fine Arts Preparatory Academy's spring production of Beauty & the Beast including one of our close friends at Personal Best Gym who has volunteered his precious time to be part of our production playing the role of Gaston. Butch McCowen, a former Mr. Florida, is playing the handsome villain who will do anything to get Belle's hand in marriage. Mr. McCowen has been a great sport learning all the dance steps required to be a part of our show. All of us at Dance & Fine Arts thank him for his support!

This is Dance & Fine Arts Preparatory Academy's first full theatre production as one of the up and coming dance schools in the local community. Performing an adaptation of Disney's animated film "Beauty & the Beast", this classic musical love story is filled with timeless music, memorable characters, and remarkable dancing. Come join us for an unforgettable weekend, June 16th & 17th, featuring dancers of all ages. *Athens DeLand*

Tickets are on sale now for our production of Beauty & the Beast and are selling quickly. Please visit the Athens website Athens DeLand to purchase your tickets. There is also a link on our website Dance & Fine Arts to buy tickets. Unfortunately, we will not be selling tickets at Dance & Fine Arts or at Personal Best Gym. All tickets must be purchased through the Athens Theatre. 

All of our dancers have worked very hard all spring to put on a spectacular performance. Now lets fill those seats to show our support!

On Mother’s Day

If you are in the central Florida area on Mother’s Day, there are other options than just going to church and lunch or doing a BBQ in your backyard.

               There are many other options on Disney property including Downtown Disney, the Beach& Yacht Club, or Disney’s Boardwalk. Some Additional options include some more of Disney’s hotels. As a child, we use to spend Mother’s Day with my mother and her mother, my grandmother, and we use to walk around the Grand Floridian Hotel lobby, have lunch on the premises and walk the gardens afterward. If we were feeling overly ambitious, we would walk to the Cinderella themed wedding chapel to watch the bride and groom leave in the white pumpkin carriage.

Photo taken from The Disney Food Blog

               Without spending a dime in a Disney theme park, you can have a nice afternoon at Disney on Mother’s Day and enjoy the beautiful atmosphere. Many of the Disney hotels are the perfect place to bring you mother because they are filled with pretty flowers and happy people. The whole idea behind the Disney brand is to take its visitors out of reality and into a fantasyland.

               The Grand Floridian Hotel will remind you of scene from Mary Poppins or Hello Dolly. Clean lines and white accents, this Victorian style resort is a refreshing blast from the past of simpler times. Disney says it best:

               “Disney'sGrand Floridian Resort & Spa is a Victorian-style Disney Deluxe                       Resort distinguishedas the flagship hotel of Walt Disney World Resort and offering world-class dining, entertainment and luxurious accommodations in shores of SevenSeas Lagoon.”

               The Grand Floridian Hotel has several great restaurants like Victoria & Albert's, Narcoossee's, Citricos, and many more. 1900 Park Fare has Disney characters, including those from Alice in Wonderland and Marry Poppins, come in for both breakfast and lunch if you are looking for a more kid-friendly environment. BE AWARE: The Grand Floridian Hotel is Walt Disney’s World premiere resort and the price tag matches the prestige. Most of the restaurants are $30 plus. The Grand Floridian Café and Gasparilla Grill & Games are less expensive, but they are similar to the other restaurants you can find in your neighborhood. 

               If you do not want to stop and have a full meal, you can have tea at the authentic English Tea room. After tea, there are options to rent paddle boats where you can sit and relax with your mom while paddling around near the shore. The spa is also a great option; however, it is currently closed due to renovations until the month of September of this year. Whatever you decide to do, this is a good alternative to your Mother’s Day plans without paying a hefty price for admission to one of Disney’s theme parks.    

Links used:

http://disneyworld.disney.go.com/resorts/grand-floridian-resort-and-spa/

http://travelwithkids.about.com/od/disneyworld/tp/Disney_World_vacations.htm

http://www.disneyfoodblog.com/2012/01/30/guest-review-grand-floridians-afternoon-tea-at-the-garden-view-lounge/

Business Plan

Taking advice from Bobby Flay and Steve Ells, judges on NBC's new show America's Next Great Restaurant, having a strong business concept is vitally important. The main concept of my business plan for my company, H. H. Horror, is to solely focus on the Halloween holiday. One of the strongest points that Ells made through his company is to focus on one thing and do it well.

Ells’ restaurant, Chipotle, focuses on burritos and they have some of the best burritos compared to the other Mexican oriented restaurants around. “For example, a bar-b-que jointneeds to remain focused on bar-b-que and not stray from the concept to grilledmeats.” It is important for consumers not to be confused on what is the purpose/product/service of your company.

Another important point to consider when starting a business is your logo. It needs to actually portray your product or service. Color and word combination needs to be clean, but it also needs to pop on digital and print marketing. Flay suggests that being too wordy with both your logo and company slogan will turn people off to what your company has to offer. It is a large market out there and your business needs to stand out.

Taking this into consideration and applying it to the nature of my company, I believe it is important to keep the image of horror, our company persona, nothing more than a shadowy figure.  With a Halloween focused business, it is important to illustrate to investors how your business will stand out compared to others and how consumers will remember you.

I believe the financial section of a business plan is the most important especially when taking into consideration the nature of my own business. I have to be able to prove to investors that a holiday oriented company can make enough profit within one season to support the company throughout the entire year.

Links used:

http://www.fastcompany.com/fast50_04/winners/ells.html

http://www.forbes.com/lists/2007/53/07celebrities_Bobby-Flay_LS13.html

http://www.huffingtonpost.com/2011/05/02/americas-next-great-restaurant-winner-soul-daddy_n_856324.html

Food with Integrity

Have you ever walked into a Chipotle Mexican Grill, Inc. around noon? You may see a scene similar to this one.  Chipotle filled with hungry workers and college students on their lunch break.

Steve Ells founded the company in 1993 as a small Mexican grill in Denver, Colorado. After working in Stars restaurant in San Francisco, he decided to try out his own food visions. In 17 years, Chipotle has not only expanded to over 1,000 restaurants, but also has strived to make good tasting food that comes from responsibly raised livestock and grown produce.  Ells has made it one of his goals to change the way American food is grown and raised.

To have good tasting food, it needs to come from people who care about their product. The entire concept behind the Chipotle brand is to have good tasting food that is affordable and time convenient. Ells states to achieve these goals “[he] meet with ranchers and farmers dedicated to raising livestock and growing produce using responsible, respectful, and sustainable techniques.” Ells has become a large influencer on working with local farmers to produce better food.

This concept has flourished into our local area influencing “gastropubs” in the Winter Park and Downtown Orlando. They too only use the finest ingredients that are grown and raised responsibly in the local area. You can even see the similarities in design between these restaurants and Chipotle.  The Ravenous Pig. The Rusty Spoon. 

Steve Ells’ calls it “food with integrity” which is what was the foundation of the success of Chipotle. Chipotle serves more naturally raised meats than any other company and pushes for more improvements in the food industry. Ells speaks of the importance of leadership and keeping the integrity of your brand as two good ways to make a business plan into a successful business. Ells was appointed Chairman in 2005 and is the Co-Chief Officer. He is also the largest share-holder of the company.

Links used:

http://people.forbes.com/profile/steve-ells/19160

http://www.chipotle.com/en-us/chipotle_story/steves_story/steves_story.aspx

http://www.rd.com/money/dreamers-chipotle-founder-steve-ells/

http://bpexpertviews.blogspot.com/

A little A&A: What's new in Downtown Disney?

Photo taken by Lyndsay Fuller

Downtown Disney is always a hot spot to go for a fun afternoon or a nice evening with the family. There some new things to see if you have not been there recently.
Please Island is still slowly becoming more shops and themed restaurants like Disney had planned when they closed the 6 nightclubs in PI back in 2008. Many of these shops are similar to those you would find in a mall or outlet strip. Some of the shops include:

-Apricot Lane Boutique: which sells Vera Bradley, clothing, and more
-D-Street: an urban clothing store
-Harley-Davidson: which is not new, but has moved to the West Side
-Something Silver: an assortment of silver jewelry
-LittleMissMatched: a funky sock shop that requires you to mismatch your socks



Lego land has updated their installations outside of their store and has a new look inside. You should check it out. See images above and below.

Photo taken by Lyndsay Fuller

There are a lot of other updates currently going on in the Marketplace area. The most noticeable is the Rain Forest Cafe. They will be updating the Rain Forest Cafe design to attract more visitors into their store and restaurant. But no worries, this renovation has not shut the restaurant. You can still come on in and have drink or a bite to eat.

Spring activities include nightly street performances that begin at sundown. Also, do not forget to check out the main stage in front of World of Disney for daily performances from theater and dance troops across the nation. 

More information check out Downtown Disney.

A Choreographer's Showcase or A Professional Dance Recital

Photo taken by Lyndsay Fuller

Last night there was a combined performance with Orlando Ballet & Cirque du Soleil at the La Nouba Theater in the West Side Downtown Disney. Not marketed well, many had shown up for this exciting event. SO many had shown that the performance started 20 minutes late and the theater continued to fill after the first number had started. Robert Hill had joked that the "Disney Police" was called to control the riot.

Little A&A: City Walk Vs. Downtown Disney

Photo taken by Lyndsay Fuller.

Universal Studios Orlando has just opened the Hollywood Drive-In Golf in City Walk. City Walk is known for it hot nightclubs and themed restaurants, not necessarily for it’s “kid-friendly” activities. Compared to Downtown Disney’s the Market Place, what is left of Pleasure Island, and the West Side, how does City Walk size up against Disney’s entertainment hot spots? 

Disney made the decision in the summer of 2008 to shut down all of its six nightclubs in Pleasure Island. Rumors explained Disney had to make the area more “kid-friendly” because Pleasure Island was bringing in too rough of a crowd for Downtown Disney audiences. Filled with young adults, 21 years and up, Pleasure Island was extremely popular. 

A lot of my Disney friends, who were old enough to go, gave it raving reviews. Others reported Pleasure Island was so hot “that some in the industry have blamed it for accelerating the decline of the nightlife district in downtown Orlando during the 1990s.” As a teenager I could not wait to be 21 so that I could enjoy the entertainment available in Pleasure Island. 

Now, 4 years later, City Walk has replaced what Pleasure Island used to be. City Walk, which caters to a couples date night or a night out on the town with friends, is not what I would call "family-friendly." So why did they put in a mini golf course? I mean unless I misunderstood, and this mini golf course is geared for adults, it does not fit with the other attractions offered. But how often are you like “Hey, babe you want to get dressed up and go to dancing AND have a competitive golf game?” 

City Walk, other than the new mini golf, has not catered to family-friendly activities. The AMC theater has a full bar, most clubs are 21 years and up to get in, and most of the shops do not even sell toys. Compared to the Disney’s Marketplace, who has Characters in Flight, Once Upon a Toy, Bibbidi Bobbidi Boutique, and DisneyQuest, City Walk does not size up when discussing family-friendly activities like a put-put course. They should stick with what they know and take advantage of having the only theme park owned nightclubs in Orlando.  

City Walk Vs Downtown Disney? What do you think?

Links Used:
http://articles.orlandosentinel.com/2008-06-28/news/disney28_1_pleasure-island-downtown-disney-downtown-orlando

http://www.universalorlando.com/Nightlife/Citywalk-Nightlife.aspx

http://disneyworld.disney.go.com/destinations/downtown-disney/

http://www.orlandounited.com/forums/showthread.php?1207-CityWalk-vs-Downtown-Disney

New Mini Golf at City Walk: Hollywood Drive-in

http://www.universalorlando.com/Rides/New-Attractions-2012.aspx

Today was the grand opening of the two separate horror/science fiction themed mini golf courses: “The Haunting of Ghostly Green” and “Invaders from Planet Putt." Each course is 18 holes making the entire Universal Studios City Walk Mini Golf experience 36 holes. Each course is based upon horror and science fiction Drive-in movies from the 1950s era. This is how the course got its name: Hollywood Drive-In Golf.

You can play one or both holes:
One course- Adults (9+) $13.99
                     Children $11.99
Both courses-Adults (9+) $24.99
                      Children $20.99
Florida residents receive 10% off with proof of residency. For more information please see links below. (Universal Studios Orlando has not updated their City Walk page for today's grand opening).

Construction started last year to develop more activities in the City Walk area. Many of the attractions include restaurants, shops, clubs and bars. Unlike, Walt Disney World Resorts Orlando who have multiple mini-golf courses, this is Universal Studios Orlando's first attempt at creating an interactive golf course. As a fan of Disney's Fantasia themed mini golf course near the Swan and Dolphin Hotel, I have been anticipating this opening. It appears, while watching different aspects of the two courses, that there will be lights and sounds triggered by the golf ball movements. There are spaceships and a haunted house filled with cartoon aliens and ghouls. The characters are cute and fun. Perfect for children.

Links to related articles:
http://www.universalorlando.com/Rides/New-Attractions-2012.aspx

http://blogs.orlandosentinel.com/features_orlando/2011/05/universal-orlando-miniature-golf-courses-set-for-universal-citywalk.html

http://blogs.orlandosentinel.com/features_orlando/2012/03/universal-citywalk-hollywood-drive-in-golf-now-open.html

Did NASCAR make a good decision to change the date of the Daytona 500?

Photo taken by Lyndsay Fuller

The Daytona 500, also known as the Super Bowl of NASCAR, has always been on the Sunday of President’s Day weekend until this year. Fox Sports, who televises this race, had asked a favor of NASCAR to move the race so that it no longer followed Super Bowl weekend. This favor lead to the first time in 54 years that the race had to be postponed to the following day. Unfortunately for most fans who had traveled to Daytona to see the Great American Race were disappointed to see nothing but people in rain gear and raindrops the day of the race.

For 17 years, I have attended all of the Winston Cup, now the Sprint Cup series races at Daytona International Speedway including the Daytona 500, the Firecracker 400, now known as the Pepsi 400, and the Gatorade Duels. I have sat through the rain in my seat waiting for a race to start, but never have I been so frustrated with the series of events that unfolded last Sunday. Knowing that it was going to rain all day Sunday, NASCAR was extremely hesitant to call the race. Instead of allowing fans to be able to reschedule their Monday plans, NASCAR waited to make the final call to move the race to 12pm Monday. The race finally ran on Monday night at 7pm with 2 hour delay because of a jet-dryer accident in turn 3.

In a time were you can get all the information you need on your smartphone device, NASCAR should have utilized new technology to be able to communicate with their fans. People waiting for the rain to stop on both Sunday and Monday afternoon kept checking their weather channel app for the weather radar for the rain forecast in the immediate area. If the rain was the problem, how did NASCAR know more about the rain than the fans waiting in the stands? They probably didn't. Instead of fans interacting with NASCAR media, many listened to the radio. The most Internet media any of the fans received all weekend was from a Sprint Cup driver that was tweeting while under the red flag on Monday night. NASCAR needs to get up to date and evolve with advancing technology. Then maybe more people would tune in to watch the race on Sunday.

Photo taken from http://sports.yahoo.com/blogs/nascar-from-the-marbles/daytona-circus-not-even-counting-500-153608580.html

All of this was caused by rain clouds that just wouldn't go away, but also NASCAR's need to compete with other sporting events like the Super Bowl. NASCAR fans are going to watch the Daytona 500 regardless if the Super Bowl was the weekend before or the day before. The idea to market NASCAR's biggest race of the season for an additional week backfired. Because of the postponement of the race, this was the first race not to sell out in the history of the race.

Links:

http://www.daytonainternationalspeedway.com/Articles/2011/02/2012-Daytona-500.aspx 

http://sports.yahoo.com/blogs/nascar-from-the-marbles/daytona-circus-not-even-counting-500-153608580.html

Internet Marketing

            Theme Parks taking online surveys/suggestion is not a new concept; however, it is a valuable one. I do not know if you buy consumer goods from Macy’s or Coach. If you do, you may notice that you get a survey after every purchase you make from these stores. Coach actually sends you an email with the picture of the item(s) you bought and suggests other accessories that would “go well” with it. Other retailers, like JcPenny have redesigned their company to be more costumer-friendly to try and compete with stores like Macy’s and Dillard’s.

            Universal Studios, compared to other theme parks are extremely costumer friendly in that they send an email survey after every night your attend Halloween Horror Nights or attend a Mardi Gras concert to the ticket or annual pass holder to “see how they did?” in your opinion. This article I found discusses how survey, especially for theme parks, can give the owners a bird eye view of how people are experiencing their parks. Though this article is from 2004, and Internet marketing has changed since then, the same principles still apply:

            "Our guests offer an extremely important perspective that managers can use to inform their own thinking," said Mark Kupferman, Charlotte, NC-based vice president of research and interactive marketing at Paramount Parks. "It allows us to test assumptions before acting on them and it gives us the opportunity to be able to better understand the implications of the decisions that we make."

                  Universal Studios Orlando does not only do surveys by email, they also ask for costumer feedback in the park, especially at separately priced special events, and on their website. Their website actually has a plus sign graphic that spins and asks you for feedback while you are navigating through the site. 

            As someone who is interested in working for a theme park one day, I find it interesting that surveys or feedback is asked for at Walt Disney World owned theme parks, hotels, restaurants, entertainment, etc. I visit Disney owned property and I have never been asked to fill out an on-line survey. Asked about my stay in one of their hotels, absolutely; but not asked to fill out a survey or give feedback while in the parks. Why is that?

Related Links:

Theme Park Takes Online Suggestions to Heart - Direct Marketing News. (n.d.). Direct Marketing News. Retrieved February 29, 2012, from http://www.dmnews.com/theme-park-takes-online-suggestions-to-heart/article/85440/

Online Marketing and the Importance of User Experience | davewirsching.com. (n.d.). Marketing Coaching and Speaking at davewirsching.com. Retrieved February 29, 2012, from http://davewirsching.com/user-experience-matters-in-online-marketing/

Mardi Gras: Kelly Clarkson

Being a fan of the Mardi Gras concert series at Universal Studios Orlando, Kelly Clarkson’s performance last night left the audience something to be desired. Being present at her performance three years earlier, I was not as impressed by this year. Kelly Clarkson is one of Mardi Gras most well known artists playing in their concert series this spring.  From a marketing standpoint, it was important for her concert to be larger than life and draw in a large crowd. Though the park was crowded with females eager to see Kelly Clarkson play, I have seen other artists like Pitbull bring in a larger crowd.  I believe the first time I saw Clarkson live; she had something to prove to the audience. Back in the spring of 2009, Clarkson had stepped out of the limelight and the Mardi Gras concert was one of her first appearances in a while. Twenty pounds heavier, her performance was unexpected. I actually bought one of her albums the next day. This year I did not get the same feeling.

            Clarkson, who currently has two hit singles, sang her most popular songs from her five albums and four cover songs including Skyscraper by Demi Lovato. Personally, I feel that if Clarkson was going to sing covers she should have considered singing a Whitney Houston song since Houston’s funeral was earlier that day. There was no mention of Whitney Houston during the 1.5 hours Clarkson played. Perhaps the band made the conscious decision to not recognize the events that took place earlier that day out of reverence for Houston’s family; however, there was an expectation amongst the crowd for Clarkson to sing a Whitney Houston song. I thought Clarkson has the talent to be able to do justice to one of Houston’s song like Jennifer Hudson had last Sunday at the Grammy’s.  Jennifer Hudson being another artist, like Clarkson, who has done extremely well with her music career after leaving American Idol.

            Clarkson was much more personably compared to when I saw her concert at Mardi Gras in 2009.  Though she did not tell jokes or childhood stories like other artists I have seen, instead she spoke about her music, her family, and her band members. She encouraged audience participation in almost all of her previous hits. She even gave one of her fans credit for suggestions to songs that have been successful. One fan, she stated suggested turning Never Again into a piano variation and now she plays on a regular basis. She pushed for more suggestions for her music to encourage growth. Mardi Gras Orlando was a stop on her new Stronger US Tour.

Links:

http://blogs.orlandosentinel.com/features_orlando/2011/12/universal-studios-kelly-clarkson-in-mardi-gras-2012-lineup.html 

http://www.orlandosentinel.com/entertainment/music/os-kelly-clarkson-orlando,0,7715407.story

A Little A&A

            I am a pass-holder to all of the theme parks in the Orlando area, except for LegoLand. Nothing personal, I just have not had the opportunity to make it out there to get the new lego experience. And as a student, I have always kept an eye on when is the best times to buy passes. What annual pass is the most reasonable to get to what park? Which park offers more special events like the Summer Concert Series or Shamu Rocks? Blackout dates, separate priced events, Florida resident discounts, etc.

            I have held the highest priced annual pass, Premier Pass, at Universal Studios Orlando until now. When I went to renew my annual pass this year to attend the Mardi Gras celebration at Universal Studios, I was shocked to find out it was $308 to renew my pass. To buy a Premier Pass without being an existing annual pass-holder is $349.99. Does that seem right? I thought there was a mistake on the renewal website so I called to find out. No mistake AND the discounted price of $308 included the “Florida resident discount.”

             I continued to research my options and discovered it was actually cheaper to buy the Preferred Pass as a new pass-holder than it was for me to renew my old pass that I have had for over 4 years. A Preferred Pass for annual pass-holders is $224.99. This annual pass includes no blackout dates, free parking, and discounts on merchandise and food. So I decided to downgrade to the Preferred Pass and give up “red carpet” premier benefits.

            When I downgraded I found out, that as a previous annual pass-holder, I could downgrade from a Premier to a Preferred for $170. SO here’s the math, it would cost me $138 dollars more to keep my benefits. Wouldn’t you downgrade?

            From a marketing standpoint, I think it is absurd for your “premier” annual pass-holders to have to renew for a price that is more expensive than the price of the lower preferred pass, which any person can buy without a previous relationship with Universal Studios Orlando.  Why would a premier annual pass-holder keep this pass? Is Universal trying to get rid of this premier pass? Or are they trying to make it so exclusive that no one wants to buy it? I would like to know.

What is coming to Orlando this spring?

January and February are usually slow months for the Orlando theme parks. According to Steve Kirn, even though many consumers splurged this past Holiday Season many are going to watch what they spend for the next couple of months. I assume many consumers have some catching up to do on their expenses.

Because of this, many theme parks start their Florida Resident passes right after their Holiday season in hopes of getting locals to visit the parks. These passes include Walt Disney World’s 3-day Wild Pass, Sea-world Orlando’s Fun Card, or Busch Gardens Tampa Bay’s Fun Card. Disney has given Florida Residents an option this season with their 4 month pass: Residents can pay $99 for 3-days or pay $125 for 4-days into any Walt Disney World’s theme parks.

Many parks will not see an increase in attendance until the Spring Break season. Since our summer weather starts around this time, our spring break season starts in March and can go until Easter sometimes even until Memorial Day weekend. So for Florida Residents, now is a good time to go. However, many may want to wait to see the new attractions coming to the parks this spring.

Since tourism in the Central Florida area has become such a large part of our economy, many theme parks are upgrading or replacing rides and attractions in hopes of bring more people into their park this spring/summer season. These expansions include:

Universal Studies recently closed their Jaws attraction over the Holiday Season. A Universal employee told me that the ride would be replaced with a King-Kong themed water attraction. I find this puzzling because the King-Kong ride was replaced by the Mummy roller coaster over 5 years ago. Why would they bring it back?

Other updates include an all-new 3D attraction based on the Universal Studios film Despicable Me. You can find Minions running around Universal’s Main Street trying to start mayhem. Also, Island of Adventure’s The Amazing Adventure’s of Spiderman 3D is being updated for a new high-definition experience.

The 20^th Anniversary of Universal Studios Orlando Mardi Gras parade and concert series commenced with the B-52’s starting off the celebration. Other performers include: Kelly Clarkson, B.o.B., and KC & the Sunshine Band. The celebration continues through April. 

Walt Disney World is ready to release Phase 1 of their newly expanded Fantasyland section of Magic Kingdom in May of 2012. This will include new attractions like Storybook Circus, Goofini Coaster, and dueling-Dumbo attractions. Phase 2 will be released later in 2012 and will include an Under the Sea attraction with Ariel and friends and the Be Our Guest Restaurant.

Sea-world Orlando will be releasing their state-of –the-art 3D/360 dome theater showcasing Turtle Trek. Discovery Cove will also open a new interactive Freshwater Oasis where you can come face-to-face with otters.

Links:

http://www.orlandosentinel.com/business/blog/tourism-central/os-orlando2012-developments-heres-whats-coming-in-2012-for-orlando-20120201,0,5276814.story

http://articles.orlandosentinel.com/2012-01-08/business/os-cfb-retail-0109-20120108_1_retail-vacancies-david-f-miller-center-dollar-stores

What's Trending? Analysis of three podcasts about current legal issues

            What’s Trending in 2012? According to Lawyer-to-Lawyer podcast, what we can see in 2012 is a social media trend usage increase like “posting on the wall” or messaging. These things are becoming evidence that can be used in court. According to this podcast, the more we use social media websites like Facebook or LinkedIn, the more evidence we are putting out on the web. Regardless if it is private, it is not privileged. A divorce attorney or an insurance lawyer can check your Facebook to track what you have been doing, discussing, etc. It is just like your child saying, “Mom, I was at Bobbie’s house last night studying calculus” and you going on his Facebook to discover he was at Cindy’s house party. Lawyers can do the same. It has been said over and over again, you have to be careful what you put on the Internet.

           Legal Blogging, Ethics, and First Amendment Rights. Lawyers also need to pay close attention to what they blog about: “Should Lawyers blog about their cases?” Even with client’s consent? Absolutely not. What would be the purpose sharing this information? Some lawyers are posting circumstances that relate to cases they are working on by using surnames and changing some of the details of the case. Even after listening to this podcast, I still do not see the need to post information about cases on the Internet. I understand that lawyers may discuss cases over dinner or at a bar like businessman discuss business deals; however, posting this type of information on the Internet in unethical.

            What you put on the Internet can include ideas or concepts that can be considered intellectual property. If you post an idea on Facebook and then someone else takes that idea and creates a popular U-Tube video or short film based on that idea, are you protected by IP laws? According to Gene Quinn, “there is no effective way to protect an idea.” Inside the American Invent Act, Peter Lando discusses with Mike Crosby the patent process and the changes that have been recently made to the process. The “post-grant review is a step in the right direction…hopeful it will be a low cost to review patents… and could be a success” Crosby stated.  This is one of the best ways to protect your idea, concept, invention, etc. but one needs to keep close attention to the changes that are currently happening.

            How does this relate to my business plan? I, along with others who are looking to start a new business, need to be aware of the legalities of blogging or posting our ideas on the Internet. Though blogging allows us to share ideas or concept like a think-tank, it also allows others (that you may or may not know) to gain access to an idea that may become profitable to you or your business. In a world where your business needs to have a strong Internet presence, your ideas do not need to be so exposed that another brand can make money off your unique idea or concept.

            Referring back to Facebook posting, your online presence or brand goes beyond the workplace now. Just like how lawyers can use what you post on your Facebook wall as evidence, businesses can use the same information as a reason for not partnering or hiring your company or you. Your brand continues into your personal life more so than it has done in the past. It is important to keep it professional both on and off line.

Copyright infringement is a commonly used legal term in the entertainment industry. "Only the original, creative expressions of these ideas can be copyrighted" according to Baker v. Seldan, 101 U.S. 99, 25 L.Ed. 841 (1879) (Mickey Mouse -- A Truly Public Character, 1999). Only the expression of an idea is protected by copyright, not the idea itself. Many have done multiple films based on pirates; however, there is only one Jack Sparrow. Disney holds the rights to the expression of the Jack Sparrow character. This means that the idea behind the work or character is not protected, but how the idea is expressed is protected. Someone cannot use the Jack Sparrow character to sell rum unless specified by Disney.  Another instance where this occurs is when an image is significantly similar to another image or a melody is similar to another. This commonly occurs more often in the music and art industry.

            An owner of a copyright owns a “bundle” of rights that can be sold or distributed differently.  The rights include: the right to reproduce the work, deviation of the work, distribution of the work, public display rights, and public performance rights (Click & Copyright, 2011). There are some exceptions like public domain to an idea. For example, the story of sleeping beauty or beauty and the beast is public domain.

            There has been an ongoing legal battle between Walt Disney Co. and Stephen Slesinger, Inc. on the copyright rights to Winnie the Pooh. "Slesinger, a New York television and film producer, obtained the exclusive merchandising and other rights to the Pooh works from author A.A. Milne in 1930 and transferred them to Disney in 1961 in exchange for a regular royalty" (Thomason Reuters, 2009). Stephen Slesinger heirs claim royalty fees from Disney still thus beginning a lawsuit in 1991. A U.S. judge in Los Angeles dismissed remaining claims in 2009. This type of controversy occurs often especially with the copyright to characters like Winnie the Pooh. In this particular case, Disney stated that SSI did not verify the particular rights they owned when they transferred the rights to Walt Disney Co.

            Disney is a very large franchise that deals with copyright infringement quite often. Other companies have to be careful not to come near what they own or to express an image or idea in an inappropriate way. For example, I wanted to use for my business plan “we scare to show we care” but it was too similar to the Monsters Inc. slogan “we scare because we care.” Though the phrase is different, it still has the same play on words and meaning. For those who do not know, my business plan focuses on the Halloween holiday. We specialize in haunted houses and spooky costume design. 

            Another case that has been in the news recently is the new idea for a themed park in China based on the game World of Witchcraft (WoW). However, the argument is that the similarities between the game and the theme park are not close enough to claim a lawsuit. Elliot Papageorgiou claims it as an inventive way to supply the demand of a park such as this one (The Finical Times Limited, 2012). The same issue occurred in China this past September with a theme park based on the mobile game Angry Birds. I think there is a fine line as to what is too closely related and what is not; however, it appears China has had reoccurring issues with copyright laws. “Western critics complain that the country makes, at best, a half-hearted effort because it conflicts with China's development strategy” (CBSNEWS, 2011). I agree. Chinese companies can not be excluded from copyright laws and have the ability to take western ideas and express them any way they see fit. It encourages other companies to outsource to China to make a profit and avoid western copyright laws. If I can not make a haunted house based on Tim Burton’s a Nightmare Before Christmas neither can some company in China.

http://mobile.reuters.com/article/idUSTRE58S08G20090929?irpc=932

http://www.public.asu.edu/~dkarjala/publicdomain/Vanpelt-s99.html

http://www.ft.com/intl/cms/s/0/5b162972-b9f2-11e0-8171-00144feabdc0.html#axzz1iujfOyfQ

http://www.cbsnews.com/stories/2011/09/16/scitech/main20107294.shtml

http://www.clickandcopyright.com/copyright-now.aspx