The REAL World of Licensing . . . Artist Beware!

For as long as I have been in this industry, I have been amazed at how artists are treated as second class citizens by manufacturers/licensees, or as I like to say . . . mushrooms - tell them of the great things you will do for them, keep them in the dark, feed them crap, and they will just do what they are told to do. I cannot tell you how many times each day I strongly urge artists not to take deals, or negotiate better deals in order to look out for themselves, only to find that many do the deal anyway - giving up rights, forgoing copyright rules and regulations, and quite frankly, just get taken advantage of. I am equally surprised to discover how many manufacturers/licensees do this, even those who I have known for years and would never think this possible of them.

I often hear from artists that they have no choice - “I need to make money,” “No other company is stepping up to the plate,” “If I don’t do the deal, someone else will,” “ or the really sad excuse, “I trust them!” I appreciate and understand each of these positions, but urge every artist to stand up for their rights when it comes to their intellectual property. And YES, you have rights and can/should/must ask for them!

I read the attached article and was standing applauding while reading! Please have a look and take in every word, seriously look at your business, and take nothing for granted. Read every single word of any document you are asked to sign - you cannot simply say “I don’t understand legal documents.” You are running a business, your product is your intellectual property, and you MUST defend and fight for what is right. And, always, always, always have an intellectual property attorney review any document before signing. The return on your investment is so worth it! You do not want to have your work “stolen” or misused, you cannot let yourself be taken advantage of, and you cannot allow yourself to believe that the other party will “take care of you” or “never do anything that would be immoral.” Look at this article . . . would you think national retailers like Anthropologie or West Elm would do such a thing? Well . . . they, like so many others, DO!

Please feel free to reach out to me for any advice or counsel I can provide, or share the names of great intellectual property attorneys that understand your needs!

https://www.artsyshark.com/2015/05/05/im-sorry-what-did-you-sign/

A HUGE Nod To Gary Friedman and RH . . .

In the unbelievably fast paced world in which we live, where branding, content, marketing and customer acquisition are the buzzwords, and social media is the “golden chalice,” I am often frustrated in what appears to be more rhetoric than fact.  Companies talk of their brands and profess fan followings with changes only in their social media marketing campaigns while delivering the same old product and meaningless customer service.  Yes . . . there are companies that are revolutionizing their industries, but are they flash in the pans versus sustainable entities?  Have they developed a long term strategy geared towards sustainable growth, and more importantly, created customer “evangelists” who LOVE the brand, excited and thrilled by the product offering and not just the rhetoric

Whether you are a small one or two person company, or a large multimillion dollar enterprise, remember this . . . “everybody has a boat upon the ocean, but not everyone is sailing out to sea,” as is so beautifully written by singer/songwriter Kenny Loggins.  Has your boat set sail out to sea, and do you know what direction you are heading?  How are you making your mark, defining your brand, delighting your customer?

I cannot think of a better showcase for a company, brand and strategy direction than what has been, is and will be happening at RH (formerly “Restoration Hardware.”).  I can recall the days of going into those stores and being surprised by the hardware, mixed with the array of giftables throughout the store.  I confess to being one of those customers who bought those small items, but often wondered how a company could sustain themselves on such sales.  I even had a chance to interview with Restoration Hardware in the late 1990’s, and was politely tossed out when I questioned their merchandise, growth and business strategy.

Now here we are in 2016, and look at the masterful transformation of Restoration Hardware from those early stores to RH, a lifestyle enterprise I feel is beyond the word “retail.”  At the direction of Chairman and CEO Gary Friedman, RH defines itself in ways that every business can learn from – branding, positioning, experience, lifestyle, results over the course of years, giving tremendous “return on investment” to not only shareholders but to the end-use customer.

Check out his most recent video at http://ir.restorationhardware.com/phoenix.zhtml?c=79100&p=irol-irhome

I am admittedly a huge fan of TED Talks, and love to be inspired by the topics and great speakers available to me.  But . . . if you run a business, any business, and want to be inspired, challenged, educated and surprised, watch the videos Gary and team have produced that define who RH is.  They are in the form of quarterly result discussions, but for me, they are bold explorations, brand definers, culture creations, and advanced business courses.  Even when discussing mistakes and shortfalls, Gary puts context around strategy, decisions, and outcomes in a decisive manner; with results that support each of his statements experienced through courage of conviction!

http://ir.restorationhardware.com/phoenix.zhtml?c=79100&p=irol-videos

If you are squeamish and don’t desire to look at big picture thinking, DON”T watch these videos!  However, if you have any interest in growing your company, watch away and be prepared for some honest, yet extraordinary thinking, with words such as . . .

·      Radical change

·      Disruption of your strategy

·      Transformative

·      Blurred lines between physical and digital, home versus retail

·      Revolution versus slow evolution

·      Focus on the customer experience

·      Responsive to change

·      Courage of conviction

·      Destruction of your reality

·      And in the end . . . RESULTS!

 Whether or not you love the style of RH is inconsequential . . . whether or not you are a retailer or an artists doesn’t matter . . . whether or not you deem yourself a failure or a success is not important . . . the inspiration of these bold statements is in the way Gary defines the company and brand, shares strategy and conviction of purpose and direction, and showcases how those that adapt change as their reality will be the winners.  Clearly, the results of his vision are manifested in the numbers and growth of the company.  Oh . . .  by the way, all with no Facebook, Instagram, Pinterest or Twitter pages!

A learning lesson for all . . . !  Way to go Gary and RH team!

Authentic. Relatable. Relevant.

THE 3 MOST IMPORTANT THINGS TO THINK ABOUT WHEN IT COMES TO YOUR BRAND