Sunday, June 19, 2016

Ayesha Curry, Sponsors & Social Media

Game 6 of the 2016 NBA Finals had all the makings of a soap opera. You had a great storyline with the city of Cleveland having not won a sports championship in 52 years. You had the Golden State Warriors attempting to do what very few have done; repeat back-to-back NBA championships. You had Steph Curry, the reigning two time MVP of the NBA getting ejected from the game. As if that was not enough, you had Curry’s wife venting on social media. This led to ESPN’s Stephen A. Smith commenting on her tweets on ESPN’s First Take, which led to angry posts and blogs from women and men all over social media on Friday. As a crisis manager, the one thing I know that will keep me up at night, more than my phone ringing, will be social media. This relatively new piece of technology has a power that few people understand. Let’s start from the beginning:

Ayesha Curry, Steph’s Curry wife, started Thursday evening, game 6 of the NBA Finals, in frustration. She tweeted:

            10 mins til game time and the whole teams families are sitting here on the bus. They won’t let us in yet. Interesting tactic though. Again. Via Twitter @ayeshacurry

The game continues and Steph Curry gets ejected. Ayesha Curry returns to Twitter:
           
            I’ve lost all respect. Sorry this is absolutely rigged for money or ratings not sure which. I won’t be silent. Just saw it live sorry. Via Twitter @ayeshacurry

She deletes the tweet, but not before it’s retweeted over 1,000 times and screen captured. She returns to Twitter a third time and tweets:
           
            Police racial profiled my father and told him to remove credentials and tried to arrest him. It’s been a long night for me. I apologize Via Twitter @ayeshacurry

Immediately, I recognized that her tweets were going to pose a problem. My first thought was, she was posting from an emotional space. This is generally the root of all problems. Yes, it’s her account, yes she is her own individual and separate from her husband, but life in the public’s eye is not without consequences. My second thought went to his sponsors. How would they view the tweets? When players sign contracts to endorse products there is something called a “moral clause”, written into every agreement. Moral clauses are all written differently. In a 2015 podcast, Kelly Jones, senior counsel at Under Armour, defined moral clause:
           
            A contractual provision usually contained in the termination provision of a contract. It’s generally written that if the athlete commits an act that the company views as negatively impacting the brand, meaning, whatever the athlete did, the brand association with that athlete could be negatively perceived by consumers or the public. This clause allows the brand to terminate the contract Via SportsLawBiz

We do not know the contents of any of Steph Curry’s contracts therefore, we do not know the structure of his moral clauses. Moral clauses are purposely written with a vague and broad definition of what an athlete can do to cause a company to invoke the use of the moral clause. Companies purposely do that to maintain flexibility in termination. Knowing this, I was very against Ayesha Curry’s tweets. What if his clause includes postings from immediate family members? When your significant other holds a prominent position, that position becomes the “family business.” Everyone has to be mindful of his or her actions. I was then reminded of an email I had received from my niece’s high school requesting that the parents and guardians of students at her high school conduct themselves appropriately on social media. The email requested that we do not post negative comments about the teachers, other parents or other children of her high school. If a high school is making this request, what is an NBA organization or a major brand like Under Armour requesting?

The next day, ESPN’s Stephen A. Smith commented on Ayesha Curry’s actions and his comments started a social media firestorm for the rest of the day with many women using the term “sexist” and “misogynistic” to describe Smith. You can watch the full video here. Here is the part I DO agree with:

            …she stepped out of line. You are the wife of Steph Curry. What you do is a reflection on him. What you do is a reflection on the organization he works for. You have to be mindful of that. You can’t get caught up in your own individual emotions. Via First Take.

Smith made a great point that I do agree with. He made the point within the first :30 seconds. Sadly, he didn’t stop there, and proceeded to go on for more than four minutes, where his comments then turned sexist. He attempted to compare Ayesha Curry to Savannah James, LeBron James’ wife, and how she is not on social media nor in the public eye. I had no problem with that comparison. My issue was his use of 8 adjectives to describe the women. He used “beautiful” 3 times, “adorable”, “lovely”, “gorgeous”, “sensational” and “special”, when speaking about them. Their looks have nothing to do with their character and how they carry themselves. As a crisis manager, I cringed on both sides of this. Here is how I would have handled it.

I would tell Ayesha Curry to take a break from social media until the series is over. I would also advise her on best practices for social media, the first one being never post from an emotional space. Stop and think about what you want to post and what is the message you want to convey. Deleting posts in the internet age is useless. If you write it, stand by it, but think it through first. If you know it can be misinterpreted in anyway, do not post it. As for Stephen A. Smith, I would have him apologize on his social media platforms as well as First Take, and his Sirius/XM show for everything he said in regards to their looks. It was not needed. His point was valid, the manner in which he went about it was not. People are calling for his firing or suspension, but what will that accomplish? He is not the first, nor will he be the last man to bring a woman’s looks into a conversation. He, like most of the world, needs to be educated about that and this could be a teachable moment. Lastly, everyone needs to understand, learn and respect the power of social media.


Sunday, June 12, 2016

Best Practices in Marketing

I recently viewed a video posted on the Ad Club. In the video, the Vice Presidents of marketing for the Boston Bruins, the Boston Celtics and the Boston Red Sox were interviewed. It was a panel discussion about the best practices in marketing. There were two points that resonated with me; the emotional component in marketing a venue or a team and marketing to the different types of sports watchers.

Adam Grossman, SVP, Marketing and Brand Management for the Boston Red Sox and Fenway Sports Management, was asked to speak about the, “at home [sports] experience vs. the in stadium experience.” I found his comments about the emotional and historical component of Fenway Park very interesting. The park is the oldest park in Major League Baseball at 104 years old. It is that history that can not be duplicated at home or through technology, that brings fans to the stadium. Grossman stated, “the TV experience is so different from walking up and seeing the green of Fenway for the first time.” Fenway has the added benefit of being both a sports venue and a tourist attraction. Not many teams have the benefit of having a venue with a historical background. Most teams are trying to figure out how to market their team to the array of ages and tastes.

Matt Griffin, VP of Strategic Marketing and Business Operations for the Boston Celtics, was also on the panel and said it best when he said, “You have to know your fans and know how to customize that experience. You have 19,000 fans and 19,000 reasons why they are there.” You have the fan that attends a game, buys food from the concession stand, watches the game, and never takes their phone out of their pocket. You have the other fan that tends to be younger and may spend the entire game on their phone.  They may be uploading photos from the game, talking to other sports fans on social media or checking out their fantasy league. Teams have to customize the experience to the 2 different types of sports watchers in the venue, as well as customize the experience for the at home watcher. They have to make sure that the experiences remain the same.

When marketing a team, you have to have a multi level plan. You have to keep your current and loyal fan base engaged, you have to reach new and younger fans and you have to keep up with the latest trends in technology. Keeping these 3 things in mind will also help with selling the team to sponsors. When you have a gem like Fenway Park or Madison Square Garden, you have an added benefit to use and sell to both the sports fans and sponsors, a historical and emotional connection to that City.

Reference:





Sunday, May 8, 2016

Intellectual Property & The Law

Operating a crisis management firm will take many twists and turns and a variety of cases. Most clients seeking our services will deal with the dynamic of "right" versus "wrong". Unfortunately, it will not always be that simple. Right versus wrong will be decided under the law, not emotion. Here are 3 examples of such cases:

Jason Pierre-Paul of the New York Giants vs. Adam Schefter and ESPN. Pierre-Paul lost his index finger in an accident stemming from playing with fireworks. Four months prior to the accident, the New York Giants placed a $60 million franchise tag on Pierre-Paul, that he had not signed at the time of the accident. Schefter posted Pierre-Paul’s medical chart showing the amputated finger on his Twitter feed. Pierre-Paul is suing Schefter and ESPN for violating his privacy as well as the Florida medical privacy statute. At the heart of this issue is privacy. Did Schefter violate privacy laws by posting the photo? If I were advising Pierre-Paul, I would suggest that he conduct his own investigation as to how Schefter received the medical records and sue that person or the hospital. I would have suggested he do that before filing a lawsuit against ESPN and Schefter. I would not immediately have suggested suing ESPN. While he is suing under breach of privacy, there is a deeper ethical issue that can impact many more people. If someone affiliated with the hospital or doctor’s office is giving out patients' medical charts, that is a deeper and bigger issue in my opinion. The real question is, “What does Pierre-Paul want from ESPN?” Was he suing because he thought that once the accident happened the New York Giants were going to not only remove the franchise tag from him, but drop him as a player? The Giants not only kept him as a player, but after a bad season, signed him for another year. In my opinion, he may have thought his football career was over, and was trying to compensate for future lost wages by suing the massive media company. The question still needs to be answered, “What does Pierre-Paul want?”

Rentmeester vs. Nike, Inc. In 1984, Jacobus Rentmeester, a photographer, took a picture of North Carolina Tarheel superstar Michael Jordan for Life Magazine. The photo is of Jordan flying through the air on his way to the basketball hoop. During this time, Nike was negotiating an endorsement deal with Jordan. Nike reached out to Rentmeester during the negotiations to borrow the photo. Rentmeester loaned the photo to Nike for $150.00, under the condition that the photo not be used for “layout or any other duplication.” Months later, Nike used it again. It was considered breach of their agreement. Rentmeester and Nike, Inc. agreed to a 2 year limited license, allowing Nike to use it. They paid Rentmeester $15,000. Three years after the iconic photo was taken, Nike began using what is now known as the “Jumpman” logo on all of their merchandise, without compensation to Rentmeester. The issue is: Did Nike use the photo taken by Rentmeester to create the Jumpman logo? The next question is what action should Rentmeester take to rectify the situation? If Rentmeester sought my advice, my first question would be, “Did you copyright the photo?” My second question would be, “At what stage of this process did you involve a lawyer?” My third question to him would be, “Do you own the copyright on the photo or does Life magazine own it?” Copyright owners have the exclusive right to prepare derivative works based upon the copyrighted work. It is my opinion that something in the copyright process was not done correctly and that is the loophole that Nike found when they created the infamous Jumpman logo.   

Beyonce Knowles Carter vs. Feyonce, Inc. A company based in Texas trademarked the name “Feyonce.” The company used the trademark to create a fiancée inspired line of clothing and mugs. The mugs contain a popular line from Beyonce Knowles’ hit song “Single Ladies” using the line, “he put a ring on it.” Knowles is suing claiming “Feyonce” infringes on her trademarked name. I agree with Knowles. If the Texas based company was my client, I would suggest arbitration. I believe the case is unwinnable because of the combination of the name of the company and use of the song lyric. My reason for suggesting arbitration is in hopes that the Texas based company could enter a business partnership with Knowles and split the profits.


The 3 cases above deal with 3 different forms of legal liabilities, privacy, copyright and infringement.  While on the surface some of these cases do not seem fair, they deal with what is right under the law. When dealing with issues that involve one’s privacy or work they have created, those issues generate a lot of emotion. It is important to look at things from a legal perspective and not an emotional one. This perspective can save someone a lot of time and money.

Sunday, April 10, 2016

Fan Loyalty & Engagement

Everyone loves to support a winning team, but who supports the team when they are losing? The people who support their teams even when they are losing are called “loyal fans”. “During the good times and the bad, these fans are always there to show their support. Loyal fans contribute to an organization’s revenue. They pay for tickets to games, pay for parking at the venue, and pay for food at the venue all generating revenue, even when they are losing. Loyal fans are important to sports organizations because they “keep the lights on.” Teams are currently studying and coming up with new ways to increase fan loyalty and engagement.

Organizations are turning to technology to increase fan loyalty. A big issue at sport venues across the country is the lack of Wi-Fi access. People want to post video and/or post to their social media accounts showing what they are doing and where they are doing it. The new Sacramento Kings arena is scheduled to open in October 2016 and, "slated to be the techiest arena in the league.” Keeping the millennial in mind, the venue will be able to accommodate 500,000 snap chat posts per second. The Detroit Piston’s created a game day email that can be updated in real time every time you open it. Before the game, you can get real time stats on the players. During the game, when you have to go to the bathroom, and don’t want to walk away from the game, you can get real time score updates as you wait in line. The Detroit fans have responded favorably to the new email with 49% increased mobile engagement. For organizations trying to build more and keep their loyal fans in attendance, they must come up with creative ways to engage them before, during, and after the game.

There are various ways to engage fans. The Golden State Warriors have done a great job of engaging fans before the game. It is known that if you arrive to a Warriors game an hour and a half early, you will see Steph Curry put on a show with his 15 minute warm up routine. After his warm up, he takes the time to meet and greet with fans in the venue. This has spread from Warrior home games to road games as well. Allowing fans to watch the warm ups of their favorite team is something special to them, as it is not televised. Athletes taking the time to meet and greet with their fans is something special that money can’t buy. The gesture makes fans feel special. During the game, team's venues should be Wi-Fi accessible and able to handle the web traffic of the patrons. We live in a social media world. People want to document every aspect of what they are doing. After the game, some organizations produce small concerts with major artists to entertain fans. The Detroit Piston’s organization has a real time travel map to give you the quickest route in and out of the venue, so you can avoid sitting in long traffic lines and get home quickly.

Organizations go through winning and losing streaks. It is important that organizations keep their loyal fans engaged during both the good times and the bad times. Loyal fans tend to pass their habits on to their children. If you ask most people who their favorite team is and why, they will probably tell you that they grew up watching that team with their parent. You can almost say loyalty is hereditary. With this next generation of loyal fans, organizations must incorporate technology. The next generation rarely sits still. They are constantly multi tasking on their phones. If organizations do not give them the ability to use their phones at the venue, they could risk losing a generation of fans and risk losing money in attendance.

References:

Wagner, K. (2016, January 6). The Sacramento Kings are building the NBA’s techiest
            arena, a 21st century coliseum. Recode.net. Retrieved from

Wander, E. (2016, April 6). The Detroit Piston’s are sending emails that change
            every time fans check them. Adweek.com. Retrieved from 

Yi, J. (2011, January 25). The value of the loyal fan. SportsNetworker.com.