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<title>Techdirt. Stories filed under &quot;merchandise&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;merchandise&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Thu, 31 Jan 2013 12:53:00 PST</pubDate>
<title>As Expected, ICE Seizes 313 Websites In Its Role As The NFL's Private Police Force</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130131/11563521841/as-expected-ice-seizes-313-websites-its-role-as-nfls-private-police-force.shtml</link>
<guid>http://www.techdirt.com/articles/20130131/11563521841/as-expected-ice-seizes-313-websites-its-role-as-nfls-private-police-force.shtml</guid>
<description><![CDATA[ Earlier this week, we <a href="http://www.techdirt.com/articles/20130129/10471821817/feds-seize-legit-49ers-merchandise-apparently-unconcerned-about-actual-fraud-ticket-sales.shtml">predicted</a> that either today or tomorrow, we'd hear about ICE and the DOJ once again seizing a bunch of websites... and here it is.  This morning, ICE announced that it had <a href="http://www.networkworld.com/news/2013/013113-super-bowl-bust-us-takes-266308.html?hpg1=bn" target="_blank">seized another 313 websites based on its highly questionable legal theory</a> concerning taking down websites without any adversarial hearing.  Of course, lately it's moved away from doing site seizures concerning websites that deal with content/copyright issues, and focused instead on those it claims are selling counterfeit merchandise.  Along those lines, ICE announced that it arrested a few people with counterfeit Super Bowl merchandise.
<br /><br />
Of course, this is all for show.  Waiting until just a couple days before the Super Bowl is pretty ridiculous, since if people were going to buy merch, <i>they already did so</i>.  This is just ICE, once again, generating headlines for the corporations it seems to think it represents.  As is his usual MO, ICE boss John Morton <a href="http://www.huffingtonpost.com/huff-wires/20130131/fbn-super-bowl-merchandise/?utm_hp_ref=media&#038;ir=media" target="_blank">talked up just how "successful" this operation was</a>, based on his own metrics, claiming "This just takes good old-fashioned police work, people getting out on the streets." 
<br /><br />
Funny, then, that he completely leaves out the parts where they <a href="http://www.techdirt.com/articles/20130129/10471821817/feds-seize-legit-49ers-merchandise-apparently-unconcerned-about-actual-fraud-ticket-sales.shtml">seized legitimate merchandise</a> and hassled the seller.  It appears that, sometimes, ICE just isn't very good at "good old-fashioned police work."  And that's especially true when it seems to be taking orders from big companies, rather than the public it is supposed to be protecting.<br /><br /><a href="http://www.techdirt.com/articles/20130131/11563521841/as-expected-ice-seizes-313-websites-its-role-as-nfls-private-police-force.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130131/11563521841/as-expected-ice-seizes-313-websites-its-role-as-nfls-private-police-force.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130131/11563521841/as-expected-ice-seizes-313-websites-its-role-as-nfls-private-police-force.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>government-overreach</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130131/11563521841</wfw:commentRss>
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<pubDate>Fri, 13 Apr 2012 17:41:00 PDT</pubDate>
<title>The Odd Future Approach: Give Away The Music, Sell Awesome Stuff</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/blog/casestudies/articles/20120411/11583818455/odd-future-approach-give-away-music-sell-awesome-stuff.shtml</link>
<guid>http://www.techdirt.com/blog/casestudies/articles/20120411/11583818455/odd-future-approach-give-away-music-sell-awesome-stuff.shtml</guid>
<description><![CDATA[ <p>The BBC has a great short video feature looking at Odd Future, the massively popular (and equally controversial) rap collective, and <a href="http://www.bbc.co.uk/news/technology-17678604" target="_blank">their merchandise-focused approach to the music business</a>. Odd Future has always been an interesting case study in music: their graphic content prevents them from getting much radio play, their career was started and built online, and they give away all their music (20 albums worth, at this point) for free. But they have been making money since the beginning by selling homemade merchandise directly to fans, offering lots of limited edition shirts and one-off products. Now they've combined that approach with their highly successful tours, by launching pop-up merch shops in every city before the show. They do meet-and-greets at the shop where they take photos and sign autographs. The fans love it&mdash;they were in Toronto recently, and the line for the pop-up shop stretched several blocks, and according to the BBC they are moving unique hand-made t-shirts at &pound;100 each.</p>

<p><center><object type="application/x-shockwave-flash" id="embeddedPlayer_17678604" data="http://emp.bbci.co.uk/emp/releases/worldwide/revisions/749603_749269_749444_3/749603_749269_749444_3_emp.swf" width="560" height="315" style="visibility: visible; "><param name="quality" value="high"></param><param name="wmode" value="default"></param><param name="allowFullScreen" value="true"></param><param name="allowScriptAccess" value="always"></param><param name="flashvars" value="embedReferer=&#038;embedPageUrl=http%3A%2F%2Fwww.bbc.co.uk%2Fnews%2Ftechnology-17678604&#038;uxHighlightColour=0xff0000&#038;domId=emp-17678604-38145&#038;playlist=http%3A%2F%2Fplaylists.bbc.co.uk%2Fnews%2Ftechnology-17678604A%2Fplaylist.sxml&#038;config=http%3A%2F%2Fwww.bbc.co.uk%2Fplayer%2Femp%2F2_0_39%2Fconfig%2Fdefault.xml&#038;fmtjDocURI=%2Fnews%2Ftechnology-17678604&#038;config_settings_showShareButton=true&#038;config_settings_autoPlay=true&#038;config_settings_showPopoutButton=false&#038;config_plugin_fmtjLiveStats_pageType=eav1&#038;config_plugin_fmtjLiveStats_edition=Domestic&#038;config_settings_showUpdatedInFooter=true&#038;holdingImage=http%3A%2F%2Fnews.bbcimg.co.uk%2Fmedia%2Fimages%2F59597000%2Fjpg%2F_59597973_jex_1375336_de16-1.jpg&#038;enable3G=true&#038;preroll=http%3A%2F%2Fad.doubleclick.net%2Fpfadx%2Fbbccom.live.site.news%2Fnews_technology_content%3Bslot%3Dpreroll%3Bsz%3D512x288%3Bsectn%3Dnews%3Bctype%3Dcontent%3Bnews%3Dtechnology%3Breferrer%3Dnonbbc%3Bdomain%3Dwww.bbc.co.uk%3Breferrer_domain%3D%3Brsi%3D%3Bheadline%3Donlinerappersprofitfrom'merch'%3Basset_type%3Dmedia_asset%3Bstory_id%3D17678604%3Bkeyword%3D%3Btile%3D1&#038;companions=slot%3Acompanion%7Csize%3A300x60%7Ctype%3Aadi%7CdomId%3Abbccom_companion_17678604%3Bslot%3Ampu%7Csize%3A300x250%7Ctype%3Aadi%7CdomId%3Abbccom_mpu%3B&#038;companion1Size=300x60&#038;companion1Type=adi&#038;companion1Id=bbccom_companion_17678604&#038;companion2Size=300x250&#038;companion2Type=adi&#038;companion2Id=bbccom_mpu&#038;mediatorHref=http%3A%2F%2Fopen.live.bbc.co.uk%2Fmediaselector%2F5%2Fselect%2Fversion%2F2.0%2Fmediaset%2Fjournalism-pc%2Fvpid%2F%7Bid%7D"></param></object></center></p>

<p>Tour merchandise has always been popular, but Odd Future takes it to the next level (though they're not the <a href="http://www.hypebot.com/hypebot/2012/01/odd-future-joins-the-pop-up-store-craze.html" target="_blank">only artists</a> to experiment with this kind of thing). Rather than just selling cheap t-shirts at a massive markup from a table in the venue, they turn it into a whole companion experience to the show, and offer merch that's actually one-of-a-kind. The Odd Future kids are naturals at connecting with fans, and this shows how they also combine that with a bundle of <a href="http://www.techdirt.com/articles/20100125/1631147893.shtml">different reasons to buy</a>. Well-known for shirking the establishment in every way imaginable, Odd Future doesn't seem to care too much about record sales, and they definitely don't care about piracy or competing with free&mdash;they've found a new way of doing things, and it's working.</p>

<p><em>Note: let's not turn this into a debate about the morality/merits of Odd Future's music. For that, head over to Tim Cushing's <a href="http://lostinthesound.com/2011/08/odd-future-my-daughter-and-the-art-of-button-pushing/" target="_blank">excellent post on Lost In The Sound</a>.</em></p><br /><br /><a href="http://www.techdirt.com/blog/casestudies/articles/20120411/11583818455/odd-future-approach-give-away-music-sell-awesome-stuff.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20120411/11583818455/odd-future-approach-give-away-music-sell-awesome-stuff.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20120411/11583818455/odd-future-approach-give-away-music-sell-awesome-stuff.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ofwgkta</slash:department>
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<item>
<pubDate>Wed, 10 Aug 2011 22:21:26 PDT</pubDate>
<title>Roscoe P. Coltrane Claims Warner Bros. Stiffed Him On Millions In Merch</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110808/16564615443/roscoe-p-coltrane-claims-warner-bros-stiffed-him-millions-merch.shtml</link>
<guid>http://www.techdirt.com/articles/20110808/16564615443/roscoe-p-coltrane-claims-warner-bros-stiffed-him-millions-merch.shtml</guid>
<description><![CDATA[ There have been a number of lawsuits filed recently by former TV show stars claiming that the studios are cheating them out of downstream revenue as promised by their contracts.  Perhaps the most high profile one involved members from the cast of <i>Happy Days</i> <a href="http://www.hollywoodreporter.com/thr-esq/happy-days-cast-sues-cbs-179852" target="_blank">suing</a> for not getting a cut of home video and merch sales.  In that case, it appears CBS tried to buy off the actors with <a href="http://scoop.today.com/_news/2011/07/21/7133416-happy-days-cast-gets-paltry-payment-in-lawsuit-over-profits">a few thousand dollars</a>, rather than the millions they claim they're owed.  In another such lawsuit, James Best, the actor behind the famed Sheriff Roscoe P. Coltrane on <i>The Dukes of Hazzard</i>, is similarly claiming <a href="http://www.hollywoodreporter.com/thr-esq/dukes-hazzard-sheriff-sues-warner-218089" target="_blank">that Warner Bros. is stiffing him for millions</a> on merchandise:
<blockquote><i>
Best says his original contract with Warners entitled him to 5% of merchandising revenue from products that featured his identity, or 2.5% of total revenue for merchandise when other cast members were incorporated. The agreement purportedly covers not only the initial run on television, but also is said to give him "financial participation in spinoffs."
</i></blockquote>
Best claims he's been asking Warner for an accounting of merch sales for <i>22 years</i>, and finally got it in 2009.  However, he notes that the numbers provided to him do not match, at all, with the numbers that Warner Bros. has bragged about publicly concerning merch sales.  With all of these disputes, it's not entirely clear who's really right, though it does sound like contracts weren't always clearly written and, even worse, the studios have been dreadful at actually properly accounting for things.<br /><br /><a href="http://www.techdirt.com/articles/20110808/16564615443/roscoe-p-coltrane-claims-warner-bros-stiffed-him-millions-merch.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110808/16564615443/roscoe-p-coltrane-claims-warner-bros-stiffed-him-millions-merch.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110808/16564615443/roscoe-p-coltrane-claims-warner-bros-stiffed-him-millions-merch.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-he's-in-hot-pursuit</slash:department>
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<pubDate>Fri, 3 Apr 2009 13:40:00 PDT</pubDate>
<title>Bands That Take Selling Seriously</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090401/0254414339.shtml</link>
<guid>http://www.techdirt.com/articles/20090401/0254414339.shtml</guid>
<description><![CDATA[ We recently wrote about how bands are (successfully) experimenting with <a href="http://www.techdirt.com/articles/20090327/1547244281.shtml">different models</a> to sell more merchandise at shows, and Ian Rogers of Topspin (who I also -- finally -- got to meet at the Leadership Music Digital Summit) writes about two bands he recently saw who clearly understand the value of selling (and, as he notes, neither band is using Topspin, so he's not promoting his own partners here) by <a href="http://topspinmedia.com/2009/03/on-marketing-halestorm-and-chester-french/" target="_new">actually realizing that selling merchandise is part of their job</a>.  He describes how one band, Halestorm, was opening for another band, but rather than being just a typical opening band that fades into the background, they made sure that people knew about them, first by putting on a <i>great show</i> and then by making it clear that (a) they have affordable merchandise for sale and (b) the band itself will be hanging out with the crowd and wants to meet everyone.  From Ian's post:
<ul> 
<li>Lzzy starts solo with a guitar around her neck and a mic, just singing acapella.  Long notes, killer voice.  She has people cheering for her before the rest of the band even walks out on stage.  Before her voice gets hidden behind the rock, she lets 'em know she can sing and you can see people are impressed straight away.</li> 
<li>The rest of the band appears and they tear through a few songs.  It's straight-ahead rock, on the heavy side but ready for pop radio.  Everyone in the band is high-energy and engaging, even Lzzy's brother Arejay on drums is standing up for parts of the songs and just generally being a showman.  </li> 
<li>Mid-way through the set Lzzy announces they have a new record coming out in a few weeks but you can buy a pre-release of it now for $5 at the merch stand.  </li> 
<li>There's a drum solo-y part that doesn't go on long and ends with the entire band at the front of the stage playing drums and the crowd cheering as they go crazy with it.</li> 
<li>During the last song Lzzy reminds them that they have their own merch stand upstairs and CDs for only $5.  She also says the whole band is going to be up there after their set and that she wants to meet everyone.  </li> 
<li>I head over to the merch stand after the show and watch their tour manager relieve the woman who runs the merch table so she can disappear into the crowd below with a box of CDs with "Halestorm CDs $5" written on it.  </li> 
<li>The merch stand is mobbed.  It's surrounded by people and they are selling merch literally as fast as their tour manager can manage.</li> 
<li>The band appears (after breaking down their own stage setup) and meets and talks to as many people as possible, while helping to sell their merch.</li> 
<li> 
Free stickers list their MySpace page, etc.  </li> 
</ul> 
As Ian notes: "I'm not worried about these guys at all.  Even if the record doesn't work at radio (it may) they're going to do just fine building their audience one show at a time."  The band is doing everything right.  They're using every opportunity to connect with fans, while <i>also</i> giving them a real reason to buy.  They're not waiting for their record label to get them on the radio or MTV.  They're doing everything they can to actually build up a rabid supporting fanbase from the bottom up.<br /><br /><a href="http://www.techdirt.com/articles/20090401/0254414339.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090401/0254414339.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090401/0254414339.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-forget-the-merch</slash:department>
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<pubDate>Wed, 1 Apr 2009 11:11:00 PDT</pubDate>
<title>Bands Take Pay What You Want To Merch... And It Works Great</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090327/1547244281.shtml</link>
<guid>http://www.techdirt.com/articles/20090327/1547244281.shtml</guid>
<description><![CDATA[ While at the Leadership Music Digital Summit last week, I got into a fantastic conversation with <a href="http://en.wikipedia.org/wiki/Dave_Allen_(producer/bassist)" target="_new">Dave Allen</a>, perhaps most well known for being in the hugely influential band <a href="http://en.wikipedia.org/wiki/Gang_of_Four_(band)"><i>Gang of Four</i></a>.  In fact, the reason I <a href="http://www.techdirt.com/articles/20090325/0933064249.shtml">missed</a> the panel discussion about ISPs teaming up with the RIAA was because the conversation with Dave was so fascinating.  I hope to talk to him some more in the future as well, but he's a musician (who now helps other musicians) who really seems to understand the new business models that are out there.
<br /><br />
Part of what we talked about concerned an experiment, where he convinced a few bands to <a href="http://www.pampelmoose.com/mspeaks/2009/02/how-bands-can-make-more-money-by-not-putting-a-price-on-a-cd" target="_new">stop offering set pricing on all of their merch</a>, and instead, told them to ask each buyer what they wanted to pay.  The bands that have tried this found that this made fans <i>much happier</i>.  Many fans paid more than list price (even when told the "recommended price") because they really wanted to support the band.  Other fans, who wouldn't have been able to afford the merch at the list price, came away much happier because they were able to afford stuff.  Those fans become committed lifelong fans who are much more willing to spend more money in the future as well.
<br /><br />
A few more bands have been taking Dave up on the challenge to try this model, and Ben Taylor (son of James Taylor and Carly Simon) recently tested it out and found that <a href="http://www.pampelmoose.com/mspeaks/2009/02/ben-taylor-on-tour-says-pay-what-you-want-for-my-cds-sells-more">he made a lot more money</a> doing things that way.
<blockquote><i>
We took in well over $1000 in CD sales, double what we would on an average night. We normally sell 3 Full Lengths at $15 each and an EP at $5.<br /><br />
We sold a total of 84 CD’s averaging almost $12 per CD!<br /><br />
Last night we were in Jackson Hole, the trend continued, proving another good night. Where we sold 48 CD’s and averaged almost $11 a CD.<br /><br />
We are moving more product than we normally would and in average making more than what our CD were to sell on iTunes or a record store.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20090327/1547244281.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090327/1547244281.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090327/1547244281.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>business-models-that-work</slash:department>
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