The Anthem 5K Fitness Classic is Feb. 23 in Louisville, Ky.
Last year’s winner, Edwin Kibichly of Kenya, ran a 14:09 (4:33 per mile). As a Christ follower, his Twitter profile reads, “Don’t give up on what God has called you to do. The end result is worth the pain.”
Galatians 6:9 reads, “Let us not grow weary in doing good for at the proper time we will reap a harvest if we do not give up.”
Remember, you can’t have a harvest without some rain!
Data and analytics pervades nearly aspect of our lives, especially in sports and media and more often now in entertainment.
The NHL now has smart pucks that track player use and engagement. In some sense a genius move because it does not require the player to wear anything that invades his privacy further like a wrist band or chip. The MLB and the Players Union are arguing over whether the lack of a fast-developing free agent market is because of collusion or analytics. The NBA is using cameras to track player data for analytics and recently introduced fan cameras that helps with marketing and analytics for a more engaging experience. For the 2018 season, the NFL introduced player data of opponents for analytics and competitive advantage purposes. The Massachusetts Institute of Technology (MIT) is having its Sloan Sports School of Management Conference this year on the MLS and their growing use of technology to track and analyze data to take an advantage over opponents on the pitch, in the board room, and in marketing and sales.
On the entertainment side, Legendary Entertainment, a Chinese-owned company is the quintessential modern example of analytics and movies. Legendary is using data-collection analytics to produce and market (e.g., sell) more films through the old and new four-quadrant models. IBM and Qubole are just two examples of the growing list of companies servicing the entertainment and media industries as they grow to trust and use data for analytics via social media, sales, and consumer interests.
The Esports/gaming and its growing billion dollar industry is kind of the marriage between entertainment, media, and sports through technology, data, and analytics. Social media drives traffic to live events, pomp, and circumstance, while gamers are the talent being paid by media and merchandise deals.
What does all of this change, numbers, data, information, and analytics mean? There are three important points to keep in mind.
1. Privacy
Approval has to be granted or the owner has to waive his rights to such data. This is done through contracts, licensing, and waiver forms. Before data may be collected, it must be agreed to be collected. Of course, in the legal terms, this could also mean an assumption of being filmed (think attending a sporting event/read the back of your ticket next time).
A broader issue, at least when it comes to the players, the athletes whom we watch and analyze, is HIPAA (the Health Insurance Portability and Accountability Act of 1996) that the United States Congress passed that provides data privacy and security provisions for safeguarding medical information. The players through their union generally approve such collection of private data about their bodies. Of course, many companies have gotten into trouble for collecting data without obtaining the proper approvals.
2. Usage
The players unions will continue to play an important role because as data becomes more readily available for analyzing it will indeed provide opportunities for placing a level of importance on such information. This means one company or team will prefer or use data differently for interpretation and implementation. Whether the entertainment unions will play a role in managing data is yet to be seen and even though more movie sales and television views are great for the bottom-line, data might also mean some movies and television shows are not made from the creatives based on data and analytics where actors and below the line talent are also out of work. Sounds a lot like Major League Baseball’s current dilemma.
3. Protection
The proverbial bag or Pandora’s Box has been opened with data and analytics. It is safe to say that information-collecting will continue to grow. Protection will play an important role in collecting, using, sharing, and analyzing data about people. The public, the studios, and the leagues are the gate-keepers. On the one hand, a hockey puck will say a skater has slowed a step or two and that will likely mean less money in a free agent year. However, on the other hand, it also allows people, executives, and businesses to make rational decisions based on what the data is telling them. Of course, the problem becomes what is more important, data or intangibles? The best analysts will use both, responsibly.
We live in an interesting time where data can seem like it is very important, however, it has and always will be more important on how we collect, use, and interpret data. Having data is not enough, analyzing determines outcomes and plans for company, league, and franchise action. Ethics will continue to play a role with intangibles that cannot be quantified, but qualified by data analytics.
With news that Major League Baseball is giving streaming rights to each of the individual 30 franchises, which is a full topic within itself when analyzing how baseball differs from the National Football League in local versus national contracts and distribution, it came to mind what it takes to produce a movie or television series. The process in sports with producing content for television whether on a linear or streaming platform is different from a movie or television show. With sports, the intellectual property (IP), copyrights and trademarks, are well accepted as owned by the team or league and distributors distribute that content after paying a licensing fee or purchasing the rights for a specified term from the team or league. Production is in the form of what talent (e.g., commentators) will present the content and where it will be broadcasted (e.g., platform(s)).
In the film and television industry, the process is similar in the sense that the below points are still tackled by the property rights holders and interested partners (licensing or otherwise), but the difference is that sports content creates itself by being played. Meaning, athletes, teams, and leagues create the content by playing the sport, which is almost exclusively done live (think of sports as the improv of entertainment). In contrast, in the film and television industry a script (film) or pilot (television series) has to be created or adapted from a book or some other format (i.e., original or derivative works).
Producing entertainment and sports content can be complicated and difficult, the steps below lay out what is the general format of a properly structured production process for a film or television series.
Corporate Formation
The first step is setting up the Limited Liability Company (LLC), the preferred structure in entertainment because it gives the member(s) of the entity the tax benefits of a corporation, but without the corporate requirements of stock options, board meetings, and SEC filings and liabilities. The LLC is also fairly easy to set up and should be considering the fickleness of movie and television series-making when it comes to an idea becoming a successful money-making and award-winning expression.
Clearing the IP
Where something is being created, borrowed, or adapted, it needs to be cleared for use. Meaning, anytime something is written, the person or entity using it, unless creating an original idea without connection to something else, needs to clear its history for ownership and use. Has it been used, sold, licensed, etc.? Of course, nearly every idea is connected to something so making sure there is a clear line for using it properly and paying the proper licensing fee(s) is important. A legitimate studio will not consider teaming up on a project without proper clearances and they will most certainly run their own IP clearance process.
Creating the IP
There is a difference between an idea and an expression. An idea is generally not protected by copyright, where an expression can be. As an example, think of an inverted pyramid with the top and narrowest area pointed towards the ground and the widest part (the base) closest to the sky. At the bottom, there is an idea, which is simple and common (a man and woman fall in love), but ideas are not protected by copyright law without something more or a contract. As you move upwards towards the sky into the wider part of the pyramid adding more information, details, and a story, the idea becomes an expression. Expressions can be copyrightable and protected. Therefore, there is an incentive to create the IP (an expression) as opposed to shopping an idea that is generally unprotected. On the other hand, creating very specific IP may also limit protection to the script or pilot created.
Protecting the IP
Copyright is established once it is fixed in a tangible medium of expression (think writing your expression in a script or as a book). While filing for federal copyright protection has its legal (litigation) benefits, it is not required for establishing a copyright; filing is really more important for protecting a copyright, which of course is also important and something any studio, distributor, or streamer would want secured before entering into a production or distribution agreement for a film or television series.
Protection is done through copyright creation, protection (filing), contracts, and non-disclosure agreements (NDA). Another avenue of protection is through registering a script or pilot with a local or national union.
Shopping the IP
Once the corporate structure is established and the IP is cleared, created, and protected, it is time to shop (e.g., sell) the product for production and distribution. (Festivals can be a great driver of shopping and awards-recognition; like theatrical runs can rule the day for the Academy Awards). Without the previous steps, a project will not get to this stage and if it does, legal issues will most definitely follow and recovery for infringement will be difficult without copyright protection, a contract, or recovery based on an equitable remedy, quantum meruit, or reliance.
Shopping is where the three “R’s” of business apply: referrals, relationships, and reputation. With all three, one is much more likely to find a buyer for what they are selling, and for the creatives, a great story or personality will of course help and could be the driving force! The human factor cannot be forgotten.
Contracts and Money
Where the rubber meets the road, or the expression meets the paper or camera. Think, employment and management contracts with business, legal, and talent, with union issues and directives where applicable. Revenues and splits. Accounting and audits. Terms and conditions. Work-for-hire, ownership, and much more. These contracts and the money negotiations and agreements to follow could happen earlier or later on in the process, especially if talent is attached to a script (actor, director, or producer) through packaging or as individuals. This is where the talent team, the studio, and proper advice will help drive the production process in the right direction.
Although the above is not an extensive or exhaustive list on film and television production, nor should it be considered legal advice, possibly it could be a start to getting your content produced. The article also demonstrates the differences between sports and entertainment content production.
The buy-in is an emerging and growing one. Turner-owned platforms TNT and Bleacher Report (BR) B/R LIVE will be airing/streaming the Alliance of American Football (Alliance) games beginning in February 2019.
The NFL Network, CBS, and CBS-owned CBS Sports Network round out the Alliance partners for coverage of all 40 games between the League’s 8 teams over a 10-week regular season (compared to the 256 National Football League’s (NFL) regular season games between their 32 teams, over 17 weeks where each team gets a bye week). Presumably, as the Alliance grows in influence other broadcasters and streamers will join the Alliance, but for now will watch from the sidelines waiting to see viewership levels before committing to become a broadcaster and/or distributor of Alliance content. However, getting in on the ground floor, should the Alliance be as successful as its leaders think and hope it will be, the first believers may become the most successful and trusted. They would indeed have made a wise investment. One thing is certain, Alliance and other new league content will not be nearly as expensive to place advertisements, but then again as the viewership ratings grow so will the cost to do business.
There is also the reoccurring XFL and new Pacific Pro Football (PPF) leagues, which both begin play in 2020. The XFL will, like the Alliance, include 8 teams who play over a 10-week regular season with playoffs and take place in the winter and spring months so that it will not compete with the NFL’s schedule. The PPF will play 8 games between 4 teams during the summer months again under the same non-competition theory as described above. The PPF will only be played in the state of California, where the Alliance and XFL will have teams all over the country in strategic cities. Essentially, if all three new leagues are successful there will, at least for 2020, be football during every season of the year.
Charlie Ebersol, son of Dick Ebersol, is heading up the Alliance with Co-Founder Bill Polian. Dick Ebersol once helped launch the first XFL with Vince McMahon and is now on the Board of Directors for the competitor Alliance. McMahon has teamed up with Oliver Luck (father of Andrew Luck) to lead the new XFL. Super Bowl-winning Tom Brady’s agent Don Yee with Jamie Hemann and Ed McCaffrey head up the PPF.
What is different now? Is this the United States Football League (USFL) and former XFL all over again? Should fans, players, investors, broadcasters, and streamers alike be convinced that things have changed where upstarts can survive against the almighty NFL? Absolutely.
Three things show us as much.
First, the Alliance, PPF, and XFL all offer something different (a different season of the year than the NFL, avoidance of the one-and-done college rules with high school players getting to choose their destiny, less commercials, less replay, and less of the things that many American’s have complained about regarding the NFL).
Second, the Alliance, PPF, and XFL all do one thing above all else, they offer opportunity to prospects and essentially will serve as the much-needed minor league and development systems for the NFL.
Third, the NFL is already buying-in, at least with the Alliance as a broadcast partner through their NFL Network programming. History tells us that when upstart leagues challenge an existing league one of two things happen—they get swallowed up at least in part by the existing and more powerful league, or they fail. Major League Baseball through the American League and senior circuit National League, the American Basketball Association and National Basketball Association, show that when something good is created the more powerful entity will want a piece of the action as opposed to competing. Imagine the possibilities now where the NFL is already buying into at least one new entity, the Alliance.
It is possible to see the PPF becoming the G-League for the NFL (think high school and undrafted college graduates), while the Alliance becomes the next-level minor league feeder system (think more established players and veterans trying to make a run at glory), and the XFL as an alternative MFL (More Fun League) depending on what content McMahon and his team push. The XFL could also become like the Continental League via Branch Rickey that brought more professional baseball teams west of the Mississippi River. Meaning, if the XFL becomes a competitor brand, maybe some of its teams (if hosted in non-NFL cities) might be added to the NFL’s slate of teams.
Interestingly, where the Alliance has secured streaming-type partners and distributors for its games and content, the XFL is said to be in negotiations with more traditional players like ESPN and FOX Sports. On the other side, the PPF has secured a major apparel partner in Adidas, again pushing the theme of a developmental league by securing sponsorship dollars and inventory.
This next one is a long-shot, but imagine if CBS and Viacom teamed up again as one company and Netflix made a play to purchase Viacom since it is already working with Paramount, could Netflix then become the next streamer along with Disney-owned ESPN+, Hulu, and Amazon Prime to purchase sports content? Unlikely at this stage, but interesting to consider.
Again, one thing is certain, this time around, the relationships between the Alliance, NFL, PPF, and XFL seems different and more collaborative. It is possible that the new and existing leagues realize that they need each other to survive. Apple and Microsoft anyone? Competitors need each other to stay sharp and to fight for the consumers attention, wants, and needs. In the end, competition brings a quest for innovation and change where everyone wins or at least the change arrives. Therefore, we should welcome the newcomers. Regardless, the Alliance, PPF, and XFL will push for recognition and acceptance.
Well, that was fast! Thursday morning, Kristaps Porzingis let the Knicks’ brass know he was frustrated with the direction of the team and by Thursday afternoon, he was a Knick no more. New York will bring back Dennis Smith Jr. and clear a bunch of salary in the deal by receiving the expiring contracts of DeAndre Jordan and Wesley Matthews, while sending Tim Hardaway Jr. and Courtney Lee to the Mavericks. The Knicks also get two, future, first-round picks from the Mavericks. Two years ago, the Knicks passed on Dennis Smith Jr.
The Mavericks look at Porzingis as the new Dirk as thy have similar skill sets. Porzingis has career averages of 17.8 points and 7.1 rebounds. The Mavs have given Luka Dončić a co-star to build around for the next decade. For the Knicks, it’s about creating cap room to chase two, maximum-salary, free agents this summer. The Knicks have close ties to Kevin Durant and Kyrie Irving as future Knicks. Severing the relationships with Porzingis was a must with a player who reportedly has been dissatisfied with the direction of the organization. He also would’ve turned free agents away with his attitude toward the team.
This is a huge gamble for the Mavs as Porzingis has been out for a year with an ACL injury. The Mavericks are currently 23-27, 12th in the Western Conference. As loaded as the West is, there’s almost no chance they’ll make the playoffs. Even if Porzingis returns this season, he and Dončić could be a dangerous tandem, but that’ll have to wait until next season. The West has been put on notice the Mavs look to return to the top of the mountain. This is the first piece of the NBA trade puzzle as Feb. 7 is approaching soon. Let the NBA trading war begin!
The Super Bowl’s nearly upon us. This is the game where stars are born and legacies are cemented. There’s Hall of Fame talent on both teams. Looking at both, the Rams look to have overall better talent while the Patriots, per usual, have the better scheme to beat anyone. In this match-up, will it be New England’s theme schemes or the talent and explosiveness of the Rams that’ll prevail? Or, maybe it will come down to the Sack Machine or the GOAT.
The player who will decide the game for the Rams is Aaron Donald, who might be the best defensive player of his generation. There have been a few interior defensive tackles who are pass-rushers, but Donald is dominant. He led the league with 20.5 sacks. His run support, while second to his pass rush ability, is still in the upper echelon of the league. Additionally, he can stop the run and pressure Brady and can do more to help deliver Los Angeles a victory than anyone.
“He’s pretty much unblockable,” Patriots head coach Bill Belichick said.
Donald will likely be named Defensive Player of the Year for the second, straight season. If the Rams win the big one, he could be one of the few defenders to be named Super Bowl MVP. He’s the most unstoppable force in Super Bowl LIII, and even if his numbers don’t show it, he’ll get double and triple-teamed to allow others to make plays.
One of the most hated men in football outside of Boston is quarterback Tom Brady. Ironically, he might just be the best player at his position in NFL history. There’s no doubt who will make the biggest impact to win the game for New England. Brady’s about to play in his ninth Super Bowl. He’s played half his professional career in February. The Patriots have leaned heavily on the run lately, but if the game comes down to Brady, we’ve seen this movie before.
While there are big names on the Rams defense, they didn’t play well as a unit ranking 19th with 358.6 yards allowed-per-game in the regular season. There simply isn’t a quarterback you’d rather have in a postseason game. Brady may have started to lose a step or two, but he’s undoubtedly one of the best to ever play the game. Rest assured he’ll shoulder the load for New England, but this is nothing new.
The NBA trade season is officially here and we’re now on The Brow watch. Speculation surrounding Anthony Davis’ future with the New Orleans Pelicans has been rumored all year.
Now, the clock has started ticking toward the Feb. 7th trade deadline. Davis’ agent, Rich Paul, has informed the Pelicans his client has no intention of signing a contract extension with them this summer and “wants to be traded to a team that allows him a chance to win consistently and compete for a championship.”
AD has been connected to the Lakers since LeBron James signed. A lot of shine has faded from Los Angeles’ top prospects as they haven’t raised their game while James has been out with injury. Kyle Kuzma has played the most consistent basketball of the bunch. Kuzma has shown flashes of a future All-Star.
The Lakers last option is to include Kuzma. Adding Brandon Ingram beefs up the deal. While he has had an up and down season, many have compared him to KD. Next would be a decision between Josh Hart and Lonzo Ball. Maybe even a first round pick. The selection would be toward the bottom of the round if the Lakers have Davis and LeBron James under their belt.
The Lakers can play hardball, citing what Davis’ 2019-20 salary does to their offseason flexibility. Good luck getting the Pelicans to care! While everyone has been coming up with trade scenarios, the NBA has launched an investigation. “We commenced an investigation this morning upon reading the reports regarding Anthony Davis,” NBA spokesman Mike Bass said.
Ever since AD signed with Klutch Sports Group where LeBron is signed, the writing has been on the wall for some time. The Pelicans reached the playoffs twice in Davis’ first seven years, and they’re on pace to miss the postseason this season. Any team with LeBron James has a deep run into the playoffs on their mind. So now, we play the waiting game.
“Show me the money!” said actors Tom Cruise and Cuba Gooding Jr. in the iconic film Jerry Maguire. Like Cruise trying to convince client and wide receiver Rod Tidwell (played by Gooding Jr.) about seeing beyond the money, is gambling all about how much money is made? Or should we as a society also consider social responsibility when it comes to gambling?
Here are the three things that could go wrong with the normalization and standardization of state-sponsored gambling across these United States of America:
1. The Four “I’s” of Gambling: Integrity, Impropriety, Investigation, and Incarceration
Pete Rose and the MLB Hall of Fame. The Chicago Black Sox and the 1919 World Series. Michael Jordan, the NBA, and minor league baseball. Examples of gambling and sports gone wrong and why professional sports leagues resisted gambling for such a long time. The normalization of gambling as a game in sports is both a blessing and a curse. A blessing because it adds tax dollars and other revenues to the coffers, both to state and private entities, while simultaneously reducing the dreaded black market for gambling. Gambling is also a curse because it offends the traditional dividing line between gambling and sports. It becomes less and less likely that one can claim that their integrity and lack of an appearance of impropriety is intact where the leagues are collecting sponsorship dollars and engaging in partnership relationships with gambling houses.
State-sanctioned gambling also increases the likelihood of investigation by private and state entities alike with possible fines and incarceration as a result where violations have occurred.
2. Issues of Game and Sport
Gambling is in some sense a novelty. It was only allowed in three states prior to the Murphy decision by the Supreme Court in 2018. It was something people did in Las Vegas for fun, where the serious gambler made a career out of it, or something on the black market. While losing life and limb for gambling debts is something we mostly see in the movies, the vision for sports leagues, teams, and third-party vendors is to engage more people in their broadcast content by having people, fans or not, holding a stake in the outcome beyond personal favorites. It is like the funny GIF that shows the young boy being asked by his father how do you bet the Patriots to win the Super Bowl, but root for the Rams to win. When people put money down, they tend to care more about outcomes and that increases viewership and spending. Gambling was traditionally viewed as a game, while sports is a profession with unions and television contracts. That line has been blurred by the modern gambling-sports relationship that was helped by the U.S. Supreme Court as well as prior sponsorship deals with fantasy sports companies (who have become the gambling centers), broadcasting, and streaming of gambling tournaments.
3. Personal Debt & Responsibility
Money aside, debt and personal responsibility is and will be a major issue in America in general and especially when it comes with increased access to gambling. How can regulators, leagues, and legislators moderate good behavior? Can they legislate good behavior, good decision-making, and investments? A concern going forward is what effect the normalization and standardization of gambling in sport will have on fans, participants, the athletes, coaches, and the leagues. During ancient Greek and Roman times, laurel leaves were all the rage. The leaves were considered medicinal, hard to get, and a hallucinogenic. The government banned them from public consumption. No one cares about laurel leaves now. Normalization and standardization does that to things and ideas about things. However, the problem here is that increased access to gambling may indeed have actual consequences.
Whether you are an avid gambler or not, we as a society need to monitor its effects on the individual and the masses.
With the New York Yankees and Chicago Cubs considering developing their own or purchasing a larger ownership stake in a broadcast network, what should professional sports franchises look for when negotiating and launching a new product for consumers?
Here are the three things negotiators and developers should look for in constructing a deal.
1. Distribution Partner(s)
A distribution partner is a marriage of brands, content, and financing. If one aspect of the deal goes wrong, the entire production could be compromised. As an example, the Los Angeles Dodgers have struggled to distribute their broadcasts to its fans because their distribution partner (Spectrum) had a tough time licensing its rights to other platforms and distributors. The deal has struggled to distribute because it was based on non-contractual parties distributing content. Where a non-contractual party has the leverage to hurt a competitor, it is likely to do so and competitors indeed done just that with the Dodgers/Spectrum.
It should come as no surprise that professional sports teams like the Yankees and Cubs have sought to avoid relying on distributors that are not parties to its own contract(s) or becoming a distributor themselves. Therefore, finding the right distribution partner is all the more important to reaching viewers.
2. Innovative Capabilities
Streaming is a part of everyday life now. However, traditional television is still popular in many homes. Internet television, mobile viewing, and social media are also likely distribution partners today.
Camera view angels, audience engagement, augmented and virtual reality and graphics, and future capabilities not yet discovered or used can help build or harm a distribution deal. Often the copyright owners, creators, and professional sports teams want to hold more rights so that it can sell to more buyers (distributors). However, where the copyright owner controls/owns the distribution network, it can be innovative in its changing course while still controlling its product.
3. Content Control
If a copyright owner also controls/owns distribution, it can choose its commentators, production partners, and how/where the content is delivered. No wonder the Yankees, Cubs, Endeavor, and other content providers are more clearly pursuing distribution control as they are content creation and control. More responsibility comes with more control, but with the availability of non-traditional distribution (streaming, social media, etc.), content has become easier to distribute so owners/creators have become more willing forgo traditional partners for more control.
With football season well underway, here’s our review of this year’s roster of new NFL coaches.
The Browns have a bright future, a young roster and cap moves to be made. They have their franchise quarterback, a breakout running back and a young defense. The only downside to this job? Heightened expectations. The good news for Kitchens is he starts with a clean slate. The head coach and coordinators who started this season for the Browns are gone. Kitchens will surely get some time as head coach.
Bruce Arians, Tampa Bay Buccaneers
Arians is a very good coach with a huge personality and is the right choice to whip Tampa Bay and Jameis Winston into shape. The Bucs needed an adult in the room and they’ll finally get one. Hiring a young upstart head coach wasn’t going to fit what the Bucs were looking for. The team went out and made an offer good enough to pull Arians out of the announcers’ booth and back onto the field.
Kliff Kingsbury, Arizona Cardinals
Kingsbury needs a veteran defensive coordinator because his defenses at Texas Tech were terrible. He should also find someone who has a bit of NFL head coaching experience to help him out. The college and professional games are different. We have to mention by law Kingsbury went 35-40 as Texas Tech.
The Broncos need a QB. Since they aren’t set up for immediate success, that means Fangio is immediately on the chopping block. Elway has been putting his bad roster decision at the feet of his coaches for some time now. He’s already gone through four coaches and Fangio is the fifth during his tenure.
Green Bay turned to a Great Lakes native to replace Mike McCarthy, snagging former Saginaw Valley State quarterback LaFleur after one underwhelming season as the Titans’ offensive coordinator. He didn’t do much for a Tennessee club, who scored fewer points and won fewer total games with him in the fold than it did in 2017.
Flores spent his entire coaching career in New England, starting in 2004 as a scouting assistant and moving up to the club’s linebackers coach. The former Boston College linebacker has played a key role in elevating talented players in Foxborough, turning unwanted players like Kyle Van Noy and J.C. Jackson into above-average starters and pushing Stephon Gilmore to his All-Pro potential.
The Dolphins hired Gase in 2016 when “hot young offensive minds” were making splashes in coaching hires. They wanted him to turn Ryan Tannehill into a true franchise quarterback. Three seasons later, he’s now expected to turn Sam Darnold into that QB.
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