PLAYDIGM Entertainment Licensing & Branding

Better reserve your personal name on Facebook, My Space, Twitter and as many other social networks as you can.  If you haven’t registered a domain using your name, you better do it fast.  Why?

First, it makes it easier for your family and friends to locate you online.  It also is a way to establish a beach-head for your presence online.

Second, branding is big business and becoming even a semi-celebrity can make you money.  The more famous you become the more money you can earn.  The internet is able to generate revenue for you – just by being you.

Third, the more you cross pollinate the social media’s, the faster people will become aware you exist.  So start making a presence online as soon as possible if you intend to sell something internationally (services or products).

If you are lucky like me that there is only one person on this planet with your name, it makes it easier to stand out from the billions of others online.  However, when you are like Stephen King, you need to do something to establish yourself from the other Kings of the world.

Social media is one method to get the world’s attention and keep it.

When there is a breach of a Licensing Agreement this causes a conflict between the Licensor and Licensee.  Problems of this nature are usually due to the Licensee not living up to the full agreement in some way. Rarely is it the fault of the Licensor (who really just wants to earn income on their Property the Licensee wants to utilize.

If the Licensee is not able to correct the problem within an agreed upon time frame (usually stated in the Agreement), then a material breach has been  made and the Licensor may take legal action to either have the Licensee correct the breach or have the licensing contract terminated.

What needs to be done is ensure that in the licensing contract there are clauses that plainly state what consequences will happen if – a, b or c breach is not corrected within a clearly defined time period. This way it is evident to all parties involved what will happen and it helps judges overseeing court cases make good, quick decisions and fair compensation settlements during the legal process.

The other way to solve this matter is to have the Licensee agree that all the possible breaches, even minor ones, are considered total material breaches of the contract and to have the penalties and/or compensation defined for each breach clause. It is hard for either party to argue in court that they were not in a total breach if the phrase is stated plainly that it is (in every breach clause) and what exactly will happen if this breach is not corrected within the proper time limit.

Penalties for breach of a Licensing Agreement can range from immediate termination of the contract to financial penalties and other concessions that both parties need to agree to during the creation of the Licensing Agreement.

Of course, the best case scenario is to have both parties live up to the Licensing Agreement in full.  Some of the above could also be taken into consideration for almost any contract.

Sandford Tuey

Entertainment Licensing and Branding Specialist

info@Playdigm.com

For the next few posts I will be breaking down a general Licensing Agreement clause-by-clause and giving brief explanations on what it all means. For the beginning of this series of posts, start at the first one dated Sept 14, 2009 (scroll down).

This is the next clause in a Licensing contract:

6. SAMPLES AND QUALITY

6.1 The quality of the Products bearing the Licensor’s Property shall be at the least as high as the quality of other products produced by the Licensee. This shall include advertising, all promotional materials and other items that includes the Property and/or Trademarks and shall be in full conformance with the applicable laws and regulations.

6.2 A reasonable number (1-5) production samples will periodically be sent to Licensor to ensure quality control, and should Licensor require additional samples for any reason, Licensor may purchase such at Licensee’s cost (for sample purpose only).

6.3 The Licensee agrees that all Licensed Products and all Promotional material/Advertising shall contain appropriate legends, markings and/or notices as required from time to time by the Licensor, to give appropriate notice to the consuming public of the Licensor’s right, title and interest thereto. The Licensee agrees that unless otherwise expressly approved in writing by the Licensor each usage of their Trademark and Property shall be followed by either the TM or the Circle R Trade Mark Notice symbol, as appropriate, and initially the following legends shall appear at least once on each Licensed Product and on each piece of Promotional/Advertising material.

“Artwork and Product Copyright: (date) (Licensee name)(Product Title) Trade Mark and Logo are owned by (name of Licensee). The (Licensor name) and Logo are Trade Marks of (the name of Licensor).”

6.4 Upon commencement of manufacture, shipment and distribution of the Licensed Products and/or Promotional materials relating to said Licensed Products the Licensee shall submit, at its own cost, an addition five (5) samples of the Licensed Products and/or Promotional materials to the Licensor.

————————————————————

Clause 6.1 ensures that the quality of the Products using the Licensor’s Property and Trademark shall be the same quality as other products designed and produced by the Licensee previously. This also includes advertising, all promotional materials (brochures, one sheets, etc…) and other items that includes the Property and/or Trademark and shall be in full conformance with the applicable laws and regulations. The Licensee should try not to have all their Licensed Products, Advertising and promotional materials requiring the written approval by the Licensor as this will cause delays in production of such products/materials. You can have a response time limit. where any materials sent to the Licensor by the Licensee for approval is automatically approved by the Licensor if no response if given within thirty days. This clause also puts the onus on the Licensee to conform to the laws of each company they market the Licensed Products into.

6.2 Allows the Licensor to receive a reasonable number, up to five production samples, that will be sent periodically to the Licensor to ensure quality, and if the Licensor requires additional samples for any reason, Licensor may buy such at Licensee’s production cost (for sample purpose only). This makes sure the Licensor can only purchase a limited number not for resale to any mass market, as this would limit the Licensee’s ability to make a profit from these type of sales into similar markets. It is best to come to an agreement on the price of these sample Licensed Products and the Licensee should try to build in a marginal profit.

6.3 states the Licensee agrees to make sure all Licensed Products and all Promotional material/Advertising they make will contain appropriate legends, markings and/or notices as required from time to time by the Licensor. This allows the consuming public to know that the Licensor owns, has right, title and interest in the Property and Trademark. The Licensee also agrees that if approved in writing by the Licensor each usage of their Trademark and Property shall be followed by either the TM notice or the Circle R Trade Mark Notice symbol, and they will appear at least once on each Licensed Product and on each piece of Promotional/Advertising material. The below is exactly the lay out that was required to be on each item.

“Artwork and Product Copyright (date) (Licensee name)(Product Title) Trade Mark and Logo are owned by the Licensee. The (Licensor name) and Logo are Trade Marks of the Licensor.”

6.4 Upon commencement of manufacture, shipment and distribution of the Licensed Products and/or Promotional materials relating to said Licensed Products the Licensee shall submit, at its own cost, an addition five (5) samples of the Licensed Products and/or Promotional materials to the Licensor. I recommend to send these items every time you do a new production run.

Next – Licensing Agreement #9 OWNERSHIP OF RIGHTS

===============================================

As most of you know, I am not a lawyer or an accountant and I recommend everyone seek their own legal counsel, accounting and tax advice in all contractual matters. I provide consulting which is detailed on the ‘services’ page of this website.

Hope this contract breakdown helps you understand the intricacies of a Licensing Agreement. Should you have any questions contact me at info@Playdigm.com – please put ‘Your name & Licensing’ in the subject line of your email.

Thank you.

Sandford Tuey

For the next few weeks I will be breaking down a general Licensing Agreement clause-by-clause and giving brief explanations on what it all means. For the beginning of this series of posts, start at the first one dated Sept 14, 2009 (scroll down). This is the next clause in a Licensing contract:

4. STATEMENT AND PAYMENTS

4.1 The Licensee shall provide the Licensor, within thirty (30) days after the end of each calendar quarter (the ‘Royalty Period) due March, June, September, December, a complete and accurate statement of it’s Net Sales of Licensed Products for the Royalty Period and Term. Said statement is to be certified as accurate by the Licensee and to include information as to the number, description and gross selling price of the Licensed Products, shipped, distributed and/or sold by the Licensee during the preceding Royalty Period, information as to discounts given and returns actually credited. Such statements shall be furnished to the Licensor whether or not any Licensed Products have been shipped, distributed and/or sold, and whether or not Actual Royalties have been earned during the proceding Royalty Period. Payment of Royalty shall accompany the statement.

4.2 The receipt and/or acceptance by the Licensor of any of the statements furnished or Royalties paid hereunder to the Licensor (or the cashing of any Royalty Checks paid hereunder), shall not preclude the Licensor from questioning the correctness thereof at any time and, in the event that any inconsistencies or mistakes are discovered in such statements or payment, they shall be rectified within thirty (30) days by the Licensee and the appropriate payment shall be made by the Licensee immediately.

4.3 All payments made hereunder shall be in United States currency drawn on a Canadian Bank US account, unless otherwise specifically agreed by both parties in writing.

———————————————————–

Paragraph 4.1 indicates that the Licensee agrees to submit to the Licensor accurate Statements and Payments regarding the products they have made (using the Property) which have been sold, shipped to clients and/or distributed. The statements and payment must be made withing thirty days after each calendar quarter (every three months plus one month for Licensor to receive statement) and if there are any errors, these will have to be corrected within a further thirty days of this being pointed out by either party.

These statements are also to be certified as accurate, which translates to the Licensee guaranteeing they are true and that they are liable for any inaccuracy. Make sure there is at the least a thirty day correction period if mistakes are made to ensure you have time to fix them within this period or you could be paying interest and fines or possible legal costs and penalties in a future court case.

There is always a clause describing the information to be included with the statements, in this case it is to be the number of units sold, description (if the Licensee has multiple product types using the Property) and gross selling price of the Licensed Products (gross price is the complete full price each product costs a buyer), then the net price (the price of each product after agreed upon deductions), the date all Licensed Products are shipped, distributed and/or sold by the Licensee during the preceding Royalty Period. In this statement the Licensor also wants to know what kind of discounts were given to the Licensee’s clients and how many returned Licensed Products have been credited to the account.

Of course statements need to be sent to the Licensor, whether or not any Licensed Products have been shipped, distributed and/or sold and whether or not any Actual Royalties have been accrued during the preceding Royalty Period (every ninety days). Most importantly is that each Payment of Royalty must accompany the Statement the royalties were earned within.

4.2 Clearly states that when the Licensor receives and/or accepts the Licensee Statements or Royalties paid or has cashed any Royalty Checks, the Licensor can still question the correctness of all statements and payments at any time and, if there are inconsistencies or mistakes that are discovered in such statements or payment, the correct amount shall be fixed within thirty (30) days by the Licensee and the appropriate payment shall be made by the Licensee immediately.

Clause 4.3 is self evident. All payments made to the Licensor by the Licensee must be in American dollars and paid from a Canadian Bank using a US account, unless other methods are approved by both parties in writing. This was due to the fact that the Licensee (my company) is based in Canada and the American Automobile Association is base in the United States of America. Of course, the currency will usually be determined by the Licensor and the country the Licensee are located in.

Next – Licensing Agreement #7 Audit.

===============================================

As most of you know, I am not a lawyer or an accountant and I recommend everyone seek their own legal counsel and accounting advice in all contractual matters. I provide consulting which is detailed on the ‘services’ page of this website.

Hope this breakdown helps you understand the intricacies of a Licensing Agreement. Should you have any questions contact me at info@Playdigm.com – please put ‘Licensing’ in the subject line of your email.

Sandford Tuey

Before you attempt to raise money or fund a project you should do a Feasibility Study.  Add up the costs of development, production and marketing for the product(s) that will launch your brand. By ensuring first that your project is feasible and will make money, saves you from a lot of headaches in the future.

Creating a Feasibility Study is just good common sense.

I recommend Accountants. including Insurance Agents, Auditors, Financial advisers like Bankers and Lawyers to assist you in this matter. Always seek professional advice regarding any subject discussed in my blogs. These pro’s can analyze your business plan and help design a Feasibility Study that will assist you to decide if you should go forward with your project.

In short, take all the expenditures you believe will be needed to launch and secure a multi-media merchandising successful product and/or brand consumers will love to buy. This is done by working out all the costs associated with getting your product from the MIND TO THE MARKET.

Costs like: designing (artwork, graphic design, prototyping, engineering, logo creation, intellectual property protection, copyright, trademarks) and all other preproduction expenses you can think of.  Get price estimates from printers and manufacturers for the product(s) that will launch your brand and calculate how many units you will need to fill potential orders. Get an advertising agency or representative to provide a quote on the cost to make the public aware of your brand and products in the territories you intend to enter. Include all point-of-purchase displays, brochures, public relations, ad agencies (print/radio/television/internet and other forms of letting the public know you exist), cross promotion and sponsorships.  If expected, the cost of expanding your brand into a feature film, television show, video game or other medium. Consider translastion fees. Don’t forget to include the cost of operations, any taxes and a contingency fund of no less then ten percent of total funds (on average).

Then estimate the revenue projected from the sale of your products/media project and related brand revenue (sales, licenses, product placement and sponsorships) and subtract all these expenses. The difference will be the ‘Before Taxes Profit’. Contact your tax specialist or representative of the government to find out what you can deduct prior to taxes being assessed and to clarify the taxes you may have to pay and subtract this. The remaining (left over) amount is the true profit for your product/project.

After completing the breakdown of expenses for the entertainment licensing and branding project or product, and the profit is determined to be worth the time and effort, then it is time to raise the necessary funds to start the creation of your brand/product(s).

Every year, new products, projects and services are going to be needed. It’s just – which ones will catch on?  What will be a hit?  Which will end up a franchise tent-pole or not a success?

Which will your brand be?

=============================================

Orders for the FROM THE MIND TO THE MARKET – e-book will be available in 2009. Preorder now by contacting Info@Playdigm.com and for further information. (c) Tuey All Rights Reserved.

I was asked what the difference between Branding and Licensing is.

Here is the simple answer:

BRANDING is the method and strategies that help the public become aware of your product or service and to keep them interested, loyal and involved with your brand.

LICENSING is the system and work required to legally allow a person or company the right to use or produce your product or service.  Usually this is via a Licensing contract.

=================================================

Orders for the FROM THE MIND TO THE MARKET – ebook will be available in late 2009. Pre-order now by contacting  Info@Playdigm.com  and for further information. (c) Tuey All Rights Reserved.

Confidentiality Agreements (also known as a Non-Disclosure Agreement) can be signed prior to telling someone about your product, project, invention or other sensitive information is revealed to any one else. Confidentiality Agreements can not stop someone from taking your information or passing it onto others, but it will help in a court of law, should you need to use the legal system to stop the breach of such an agreement and be compensated for that breach. Without such a contract in place there is no protection.

So before telling someone about your great idea for a screenplay, novel, album, invention, product, or entertainment brand, ask yourself, “Will this person reveal my concept to someone else?” If the answer is a possible yes, then prior to disclosing anything, get them to sign a Confidentiality Agreement.

All this type of contract does is to ensure that the party you are revealing information to is obligated to keep it confidential. If they do not, then you have a legal position to be compensated.

However, basic contract structure needs to be understood before creating any agreement so I will attempt to do that and breakdown in layman’s terms, a Confidentiality Agreement’s basic clauses at the same time.

Confidentiality Agreement and Basic Contract Structure

Usually a contract opens with the standard confirmation date line.

Identify the legal name and address of the Discloser of the information and the Recepient of the information – Party A and Party B.

Then preamble like the following:

It is understood and agreed that the Discloser and the Recipient would like to exchange certain information that may be considered confidential. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree as follows:

1. The confidential information to be disclosed by Discloser under this Agreement (”Confidential Information”) can be described as and includes:

Technical and business information relating to Discloser’s proprietary ideas, patentable ideas, copyrights and/or trade secrets, existing and/or contemplated products and services, software, schematics, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.

In addition to the above, Confidential Information shall also include, and the Recipient shall have a duty to protect, other confidential and/or sensitive information which is (a) disclosed by Discloser in writing and marked as confidential (or with other similar designation) at the time of disclosure; and/or (b) disclosed by Discloser in any other manner and identified as confidential at the time of disclosure and is also summarized and designated as confidential in a written memorandum delivered to Recipient within thirty (30) days of the disclosure.

Recepient Party B is receiving the confidential information and must keep the revealed information secret and confidential and will not reveal it to anyone directly or indirectly, or to a any third party unless given permission by Discloser Party A in writing.

2. Recipient shall use the Confidential Information only for the purpose of evaluating potential business and investment relationships with Discloser. Or for purposes described in writing by the Owner of the Confidential Information.

3. Recipient shall limit disclosure of Confidential Information within its own organization to its directors, officers, partners, members and/or employees having a need to know and shall not disclose Confidential Information to any third party (whether an individual, corporation, or other entity) without the prior written consent of Discloser. Recipient shall have satisfied its obligations under this paragraph if it takes affirmative measures to ensure compliance with these confidentiality obligations by its employees, agents, consultants and others who are permitted access to or use of the Confidential Information who are also, held to this Agreement.

4. This Agreement imposes no obligation upon Recipient with respect to any Confidential Information (a) that was in Recipient’s possession before receipt from Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party not owing a duty of confidentiality to the Discloser; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of, Discloser; or (e) is independently developed by Recipient.

5. Discloser warrants that he/she has the right to make the disclosures under this Agreement.

6. This Agreement shall not be construed as creating, conveying, transferring, granting or conferring upon the Recipient any rights, license or authority in or to the information exchanged, except the limited right to use Confidential Information specified in paragraph 2. Furthermore and specifically, no license or conveyance of any intellectual property rights is granted or implied by this Agreement.

7. Neither party has an obligation under this Agreement to purchase any service, goods, or intangibles from the other party. Discloser may, at its sole discretion, using its own information, offer such products and/or services for sale and modify them or discontinue sale at any time. Furthermore, both parties acknowledge and agree that the exchange of information under this Agreement shall not commit or bind either party to any present or future contractual relationship (except as specifically stated herein), nor shall the exchange of information be construed as an inducement to act or not to act in any given manner.

8. Neither party shall be liable to the other in any manner whatsoever for any decisions, obligations, costs or expenses incurred, changes in business practices, plans, organization, products, services, or otherwise, based on either party’s decision to use or rely on any information exchanged under this Agreement.

9. If there is a breach or threatened breach of any provision of this Agreement, it is agreed and understood that Discloser shall have adequate remedy in money or other damages and accordingly shall be entitled to injunctive relief; and Recepient agrees that such breach would cause Discloser considerable harm and financial loss, No specification in this Agreement of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of this Agreement.

10. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information and supersedes any prior agreements, understandings, or representations with respect thereto. Any addition or modification to this Agreement must be made in writing and signed by authorized representatives of both parties. This Agreement is made under and shall be construed according to the laws of the State of __________, U.S.A. In the event that this agreement is breached, any and all disputes must be settled in a court of competent jurisdiction in the State of __________, U.S.A.

11. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.

WHEREFORE, the parties acknowledge that they have read and understand this Agreement and voluntarily accept the duties and obligations set forth herein.

Recipient of Confidential Information:

Name (Print or Type):

Company:

Title:

Address:

City, State & Zip:

Signature:

Date:

Discloser of Confidential Information:

Name (Print of Type):

Company:

Title:

Address:

City, State & Zip:

Signature:

Date:

* The most important clauses are the ones referring to the Keeping confidential  the released information and that if the Recepient does not do so, then compensation and damages will be awarded to the Discloser. This is where the legal system will acknowledge that compensation should be allocated to Party A if a court case arises from the illegal transfer of the confidential information.

SIGNATURES of all the Parties to be involved in this Agreement are required to sign.  In some jurisdictions Witnesses are needed to confirm that those signing are truly the ones designated on the document. Check the territory you are signing the contract in to ensure that this is required or not.

Keep it as short as possible. No more than two pages. I have had people refuse to sign a Confidentiality Agreement longer than two pages because it tends to put a red flag up in their mind and some think it is not worth the hassle to hear an idea if they may accidentally talk about it.

I am not a lawyer but I have common sense. Some say, “If it is not in writing it don’t exist.” Even though oral agreements are binding contracts in most jurisdictions they can become a scenario of ‘she said – he said – no I did not’. So the clearer any deal is expressed in writing, the better for everyone. Especially you!

================================================

Orders for the FROM THE MIND TO THE MARKET – ebook will be available in late 2009. Preorder now by contacting Info@Playdigm.com and for further information. (c) Tuey All Rights Reserved.

What will be the next collectible craze?

That is the magic question every licensing and branding executive asks themselves. Research unveils that no one really knows what entertainment property or product the public will choose to watch/buy ‘repeatedly’ and collect everything associated with that brand. This is the holy grail of licensing and branding.

Why do some people collect running shoes, while others collect comics, or salt & pepper shakers, sport team jerseys and pretty much any type of merchandise their hearts desire. The source of a successful brand is a cross between individual personal taste and mass appeal, with a magic touch of hype.

Can advertising jump start a fad or fuel the collecting craze? Many marketing executives say ‘yes’. Ask any Ad agency that hocks products to the public and they will tell you that with the right mix of media it definitely will influences the interest and decision buying of the public. With enough money and repetition, they can design messages that will help brand a product or license. Quality mind-share.

Remember the buying frenzy of Cabbage Patch Kids (TM), Tickle Me Elmo (TM) or Pirates of the Caribbean (TM) related merchandise. I have never seen so many pirates as I have the past few Halloweens, all proclaiming they are ‘Jack Sparrow (TM).’ A good example of influencing the public interest and spreading the “I want to be associated with this” word of mouth popularity.

Sports teams spend a lot of cash to design new logos for their team jerseys, not just because they want their players to look cool while playing their sport but so that fans will gobble up their licensed merchandise. Marketing budgets ensure that these logos are prominent throughout the arenas and their team propaganda is disseminated via radio, television and print mediums to saturate their market territory and spread the word that wearing their team cap or jersey is the cool thing to do. Image is first and foremost to a collector.

Image and emotional attachment to a brand starts with the color palette chosen, the look or style of the logo of the team or entertainment property name. No one wants to look goofy when they don a team’s cap, or wave a banner in an arena or wear an item that does not invoke a feeling of being cool. That is why some team logos sell more than others.

Image and personal interest may drive the initial commitment in a brand but it does not make the licensed products collectible. Why do consumers purchase one brand over another (even if they are pretty much identical)? Quality.

Everybody wants to be popular. Nobody wants to be associated with wussies and wimps. So one of the keys to help your license is by getting celebrities and/or sports figures that are: a) already known and very popular but also have; b) the emotional image you want your brand to be associated with; and c) the magic touch of quality items that help the public decide to collect all things related to your brand. Lets address all of the above.

a) Which stars/celebrities or sports figures would be good for your brand? When Hip Hop clothing companies wanted to gain awareness for their fashion line, some paid Rappers to wear their clothes so followers of these stars would buy the items to look and be like their heroes. Depending on the street credibility of the star, determined the level of success of these products. Quality and popularity of the stars count.

b) You would not want something ‘not cool’ or give the wrong emotion to be associated with your brand. For example: if your license is a strong male superhero – allowing a Bra or Tampon company to use the name and likeness of your character would prove to be a wrong choice. It would be more appropriate to license companies and products that portray an image similar to the one your superhero already has. Products like certain sunglasses, energy drinks, sleek/fast vehicles and boy type toys. The kind of things that followers of similar brands already purchase.

For example: If your market audience is children from the age of 10 to 15, you would not try and market diapers or firearms to them. It is better to attract companies with products that are already selling their wares to the consumer group you want to entice.

c) Quality is the way you increase the collect-ability of your products? If the author of a novel signs his or her book they have written, readers believe the value of that item has increased because there are only a few with the writer’s signature on it. The fewer signed, the better for collectors.

If a hockey player signs a stick he used in a Stanley Cup final game it has a perceived increase in value over a stick he used in a regular season game. If this player autographs the stick, everyone would agree that the value has gone up, even more value is dependent on the popularity of that player. Perceived quality.

The more team mate signatures on that stick, the better the public will think this item is worth. That is why baseballs, footballs and hockey sticks signed by the whole sports team gain major attention and huge sales prices at auctions. Try and get all those people to sign something after the game is over or the season ends. Rarity enhances quality.

When we were exhibiting at the San Diego Comic-con, comic buyers would purchase my Galactic Gladiators comic books, posters, caps, mugs and original framed artwork. The savvy collectors would ask for signatures by the artist and creator because of the rarity of their autographs on these items together increased the value for each signed product. Even if the true monetary value increase is marginal, the perceived value rose due to the belief of the the fan in the brand.

I overheard one artist comment while autographing his graphic novel, “Put this in a safe place because if I am ever hit by a bus, it will be priceless.” The reason is that he will not be able to sign any more products if he is deceased and thereby the few products out there with his signature on them would dramatically increase their value in the public market. The media attention that is sure to follow the death of an artist/creator would increase interest from the public for everything he/she created. Media influences popularity and value of brands.

There are almost 7 billion people on our planet and if there is only one-of-a-kind made or only one signed copy out of thousands printed, then this would establish increased branding value.

Collectibles can be such a valuable tool in marketing and public relations. As a creator of content and product you should create collectibles by autographing a certain number for special followers of your brand. These few products will stand out from the other unsigned ones and provide the collector something to tell their friends about, which could lead to word of mouth advertising. The best form of free marketing.

When licensing your brand’s logo and character(s) name and likeness onto products, ensure they are quality products. I have seen several major brands allow their license to be placed on crappy products or products that just don’t fit the image or perceived concept of the brand. Don’t do this, as it is a sure way to destroy a brand which would require time and retooling/relaunching efforts that are very expensive and preventable by licensing only onto good quality items.

Never underestimate the value of collectors and their need to keep a complete set of whatever it is they are collecting. Do what you can to make your brand a collectors dream. That is what makes collections and those that collect, so rare and valuable.

=================================================

Orders for the FROM THE MIND TO THE MARKET – ebook will be available in 2009. Preorder now by contacting Info@Playdigm.com and for further information. (c) Tuey All Rights Reserved.

Okay. You have a product and a catchy name for it, protected by a registered Trademark and Copyright.

You should already be working on the packaging for your product, media, or whatever it is you want to produce.

For physical ancillary products (posters, books, toys, product merchandise). Make sure the Title is in a large enough font style that it can be seen in a store from twenty feet away or even if it is high on a shelf. Walk the aisles of retail outlets (I do miles every year) and notice how many packages catch your eye and how you skip those that don’t. Big titles are good and the lettering and coloring should make it stand out.

Titles must have ‘punch’ which can be achieved by highlighting letters with a complementary color border trim on an enhancing background. Check out Robert Ludlum’s Game Of Counter-Espionage and you will see what I mean.  I co-designed this book sized board game with Robert Ludlum directly (The Borne Identity series, Icarus Agenda). It was made to look like one of his hard cover books to attract his readers. This saved us time and money since we imitated layouts that Bantam-DoubleDay-Dell had already completed focus group tests to design and allocated funds to come up with.   If it isn’t broke…

Look at most novel covers and you will see what I mean. Keep it simple and show images/pictures that evoke emotion and cause curiosity from all viewers, no matter which country they live in.

The same goes for entertainment products (movies, video games, compact disks, digigital). A film and video game need the characters to click with a large audience (not just the target audience). This form of media needs to open big and have legs to see sequels made, which helps sell the ancillary licensed products. Focus the title as part of  the emotional images, yet keep it simple to read (more Baby Boomer’s eyes need larger print sizes).

Movies (ninety minute commercials) can translate into major market share and sales of  merchandise globally with the help of packaging. Choosing good looking talent, qualified producers and crews, great images used in commercials/trailers and posters that can be licensed onto  products supporting the brand, can produce more revenues than just the box office and DVD sales bring in. Everything is more interrelated than ever before.

Even music CD’s and posters, photographs and music videos should utilize the above recommendations. Brand the image and emotion to the band and its members, not just the songs. A perfect package is required to break a band’s sound.

Make your title and package enforce the emotion and theme of the entertainment product. Gain the media’s attention with angles that enhance the flavor of the press reporter’s message. Perfect packaging can only help!

=================================================

Orders for the FROM THE MIND TO THE MARKET – ebook will be available in 2009. Preorder now by contacting Info@Playdigm.com and for further information. (c) Tuey All Rights Reserved.

When I ask creators of entertainment product, "Who is your
target audience?"  Most would reply with consumers of a certain range,
say, 'children 4 to 12' or 'Males 14 and above'. 

I respond with, "Yes, that is your final public target audience
objective to have your product reach, but the REAL initial audience
are buyers of products like yours. Because if you can't convince
them to take your product, the public audience will never be
introduced to your entertainment project."

So, if the true audience for your projects or screenplays are the
producers, studio executives and their other advisers they surround
themselves with. You must ensure that they enjoy the story, packaging
and come to an agreement that the public viewing audience will enjoy
the entertainment product too.

This is true too for products that need to get a buyer to purchase
your product and put it on a shelf so that consumers have the chance
to see and buy it.  Sales representatives, wholesalers, distributors
and others in the chain of marketing.

When you come up with an idea, get opinions on it from the closest
person you know to the immediate buying audience (production crew,
agents, lower management at companies you would love to have read,
review and buy your product).  If they like it, they may hand it off
to someone they know in a better position to get it made.

I personally know of a writer who hands out his screenplays to who
ever will read them and on occasion, after several years, sometimes
someone in the industry becomes interested. Then it is revealed later
that a friend of a friend gave the script to someone else who liked
it and passed it to an assistant producer who handed it to a director
they knew, until finally it was optioned by a producer.  

In the end the story and writing quality drove the product towards
its REAL audience/market - someone who can make the entertainment
product.  So make sure you are writing for these readers.  

This selling draft will need to be directed to producers not the
viewing audience. The screenplay directed to the final target audience
the viewers, will be written from the original version that was sold.
Many rewrites will be done to ensure the end viewers will enjoy the
show.

So look at your entertainment vehicle (script/product) as two parts.
One draft is for selling the script to industry professionals and the
second is for the target public audience.  Kind of a two phase
approach.

Impress the buyers first is the key.

======================================================================

Orders for the FROM THE MIND TO THE MARKET – ebook will be available in 2009. Preorder now by contacting Info@Playdigm.com and for further information. (c) Tuey All Rights Reserved.