WO2001022324A1

WO2001022324A1 - Method and apparatus for booking personal services using a computer

Info

Publication number: WO2001022324A1
Application number: PCT/US2000/025925
Authority: WO
Inventors: Gowon K. Snyder
Original assignee: Snyder Gowon K
Priority date: 1999-09-21
Filing date: 2000-09-21
Publication date: 2001-03-29
Also published as: AU7600200A

Abstract

A performance-seeker interface (104) is provided for persons looking for an artist, such as a musician, band, group or comedian. The performance-seeker interface is coupled to a server (102) that stores information related to available artists, including a recorded performance for each artist. In response to a request from the performance-seeker interface, a recorded performance by an artist is displayed, including an audio or audio and visual portion. The display of the recorded performance advantageously allows the performance seeker to perceive the subjective quality and character of the artist's performance. After perceiving or sampling a recorded performance, the performance seeker uses the performance-seeker interface to transmit a booking request to the server. The booking request includes a performance date, a performance place and a price. The server transmits the booking request to an artist interface (106) so that the artist may review the request. The artist uses the artist interface to transmit an acceptance or rejection to the booking request. The artist's response is transmitted to the performance-seeker interface. A monetary deposit is automatically secured from the performance seeker after an acceptance by the artist, effectively guaranteeing the performance seeker's ability to pay for the performance. Subsequent to confirmation from the performance seeker that the performer performed, the secured funds are transferred to the performer. The artist interface, server and performance-seeker interface are preferably coupled together via the Internet.

Description

METHOD AND APPARATUS FOR BOOKING PERSONAL SERVICES

USING A COMPUTER

FIELD OF THE INVENTION

The present invention relates generally to electronic commerce, and in particular, to a method and apparatus for booking services that have a perceptible qualitative feature affecting the desirability of the service. More specifically, the present invention relates to a method and apparatus for displaying a performance by a performer to facilitate an offer, acceptance, and payment for the performer to perform, for example, in a live performance.

BACKGROUND OF THE INVENTION Electronic commerce is quickly becoming a preferred medium for commercial transactions. Presently, all types of products and services are purchased using electronic commerce, for example, over the Internet. Products ranging from books and software to automobiles and homes are available for sale over the Internet. To a lesser extent, services are also available, including travel services, information services and other services. One primary advantage of electronic commerce is the ability to conveniently bring many buyers and sellers together, creating a global marketplace that is unparalleled. One consequence of this substantial market is the success of buyer-driven commerce. With buyer-driven commerce, buyers are able to determine the price at which they will purchase goods and services and sellers are able to maximize the price of their goods amongst a relatively larger market. U.S. Patent Number 5,794,207, issued to Walker et al., entitled Method and Apparatus for a Cryptographically Assisted Commercial Network System Designed to Facilitate Buyer-Driven Conditional Purchase Offers, describes a method and apparatus for bilateral buyer-driven commerce. Walker et al. discloses a system that accepts bids from potential purchasers and makes the bids available to potential sellers. If a potential seller finds a bid desirable, the seller may accept the bid and bind the bidder to a contract. Walker et al. is primarily concerned with the sale of goods such as airline tickets.

Buyer-driven and other electronic commerce has some shortcomings for the sale of services. In particular, where the services to be performed have a highly subjective quality, traditional electronic commerce may not sufficiently expose a potential purchaser to the quality and nature of the services, thereby inhibiting a potential purchaser's ability to make an informed decision regarding the services.

Presently, there are several web sites on the Internet that are capable of displaying audio and audiovisual performances of performers. These web sites include www.gigmasters.com, www.chicagogigs.com, and www.MP3.com. In some cases, the web site offers the capability to request that a performer perform on a certain date, time and for a certain price. For example, www.gigmasters.com offers a performance seeker the opportunity to fill in a form requesting a performer to perform. This form is then transformed into an email message that is transmitted to the performer. Further negotiations and exchanges between the performance seeker and the performer are handled without assistance from www.gigmasters.com. More specifically, the performer and performance seeker are free to negotiate price, terms of payment, etc. with each other. Though this may suffice for a number of transactions, there are shortcomings to this situation. In particular, the performer and performance seeker, who may not know each other's character, are at risk of non-performance by either party, for example, nonpayment, if a contract for a performance follows. For example, the performer may question whether the performance seeker will be able to pay for the performance. On the other hand, the performance seeker may be wary of giving the performer money in advance of the performance. Also, there is some inefficiency in merely exploring these possibilities.

Therefore, a need exists for a method and apparatus for facilitating electronic commerce for services wherein the potential purchaser is informed of the subjective quality of the services available and wherein risk of non- performance or no payment is reduced. SUMMARY OF THE INVENTION In accordance with one aspect of the present invention, a method is provided for booking live performances by a performer. First, a previously recorded performance is displayed in response to an electronic request from a performance seeker. The recorded performance that is displayed preferably includes an audio portion and may also include a video portion. Next an electronic booking request is transmitted for a request to book the performer displayed in the recorded performance. The electronic booking request preferably includes data associated with the request including a date of performance, place of performance, offering fee for the performance and an indication of the type of occasion. The electronic booking request is transmitted to the performer or an agent of the performer for consideration of the request. The performer or an agent of the performer accepts or rejects the request and may provide additional information relating to the reason for rejecting the request, if applicable. The performer's response to the booking request is transmitted to the performance seeker with an indication of acceptance or rejection. Preferably, if the performer accepts the booking request, funds are secured from the performance seeker and held by a payment-clearing agent. Then, the performer is notified that funds are available to pay for the desired performance. After the performance is completed successfully, funds held by the payment-clearing agent are made available to the performer.

An apparatus in accordance with the invention facilitates the booking of live performances. The apparatus includes a network that couples a performance-seeker interface, an artist interface, and a server. The server, performance-seeker interface and the artist interface are all preferably computers with sufficient hardware and software for coupling to the network and interacting with each other. In particular, the performance-seeker interface permits a performance seeker to display a sample performance by the performer; transmit an electronic booking request for booking the performer for a performance on a certain day and time; and receives a response to the booking request from the performer. The artist interface allows an artist to receive electronic booking requests and transmit either an acceptance or rejection to the booking request. The server stores sample performances and facilitates the interactions described above, including securing payment, for the performance-seeker interface and the artist interface.

BRIEF DESCRIPTION OF THE DRAWINGS FIG. 1 is a block diagram of an apparatus for booking personal services in accordance with the present invention.

FIGS. 2A-B are a flow chart illustrating a method for booking personal services in accordance with the present invention.

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS FIG. 1 is a block diagram of an electronic commerce system 100 in accordance with the present invention. System 100 includes a server 102, a performance seeker-interface 104, an artist interface 106 and a network 108. Network 108 couples server 102, performance-seeker interface 104 and artist interface 106 together for interaction. Preferably, network 108 is the Internet and performance-seeker interface 104, artist interface 106 and server 102 are coupled to the Internet via telephone and data networks.

Server 102 is preferably a computer with large storage capacity. Server 102 stores a plurality of sample performances by performers. In the preferred embodiment, server 102 stores a plurality of audio performances and a plurality of audio and video performances. The audio performances and audio and video performances are preferably stored as digital data in a compressed digital format. Server 102 includes the necessary hardware and software for facilitating interaction with other devices on network 108. Performance-seeker interface 104 is preferably a computer. Performance-seeker interface 104 provides a means for interaction between a person seeking a live performance, hereinafter a performance seeker, and network 108 and the devices coupled to network 108. Performance-seeker interface 104 includes a means to display a sample performance stored on server 102. In the preferred embodiment, performance-seeker interface 104 includes a web browser for coupling to network 108 and interacting with an Internet interface on server 102. Preferably, performance-seeker interface 104 also includes an audio and video decoder for displaying an audio or audio and video performance.

Artist interface 106 provides a means for a performer or artist to be coupled to network 108 and hence, the other devices coupled to network 108. This facilitates booking services of the artist or performer in accordance with the present invention. Artist interface 106 is preferably a computer with an interface for connecting to network 108. In the preferred embodiment, artist interface 106 includes a web browser interface for connecting to the Internet and interacting with server 102 and other devices on network 108. Preferably, artist interface106 includes an interface for sending and receiving electronic mail.

FIGS. 2A-B are a flowchart illustrating a preferred method in accordance with the present invention. FIGS. 2A-B are described below with respect to the preferred embodiment shown in FIG. 1.

First, a performance seeker enters a request for a sample of a recorded performance by a performer (200). This is accomplished in the preferred embodiment by selecting a hypertext indication on performance- seeker interface104 while performance-seeker interface 104 is coupled to network 108 and server 102. Other suitable means of requesting a sample performance are well known in the art and are alternatively used, including making an electronic mail request for a sample performance or executing a program to request a sample performance.

In response to the request for the sample performance, the sample performance is displayed at performance-seeker interface 104 (202). In the preferred embodiment, this entails transmission of a digital stream of data representing an audio or audio and video performance stored on server 102 to performance-seeker interface 104. The transmission of the stream of data is alternatively done concurrently with the display of the performance or the stream of data may be transmitted completely before display of the performance is rendered. In any event, if the digital stream of data is compressed, the data is decompressed prior to display. The performance seeker preferably has the option to store the sample performance. The ability to receive a sample performance related to an artist or performer substantially enhances the viability of electronic commerce in booking live performances. This is due in part to the inability to determine the quality and nature of an artist's performance without the ability to sample the performance. By virtue of receiving a sample of the artist's personal services, the performance seeker is sufficiently informed to determine whether booking the performer, as in the case of a band, for example, is appropriate.

In addition to sampling or perceiving a display of a sample performance by the performer, in the preferred embodiment, the performance-seeker interface also displays other pertinent information relating to the artist or performer. In particular, the performance-seeker interface 104 displays identification information for the performer, a preferred geographical performance area, and in some cases a typical performance price.

If the performance seeker determines that the personal services of the performer are desired, the performance seeker enters a booking request at the performance-seeker interface 104 (204). The booking request is an offer to the artist or performer to perform on a certain date and time, at a certain place for a fee determined by the performance seeker. As an example, the performance seeker may need a performer for a wedding at a certain date and time. The performance seeker preferably completes a form displayed on performance-seeker interface 104 that is transmitted to server 102 and includes the necessary information for an artist to consider whether the booking request is desirable.

After the booking request is generated, the booking request is transmitted to the artist via artist interface 106 (206). This preferably entails the completion of a form that is transmitted to server 102 from performance- seeker interface 104, and the formation of an electronic mail message by server 102 addressed to the artist specified in the booking request. Artist interface 106 receives the electronic mail message and displays the message for the artist. The electronic mail message may include the specifics from the booking request, but preferably does not include contact information associated with the performance seeker. Contact information is reserved as a measure of protection for the performance seeker, artist and also for the protection of a service provider providing or brokering the booking service. As an alternative to receiving an e-mail message transmitting the booking request, the artist may periodically connect to server 102 via artist interface 106 to check for booking requests. After viewing the specifics of the booking request, the artist transmits an answer to the booking request to server 102 (208). The answer from the artist may be an acceptance or a rejection. Also, the artist may provide more specifics relating to a rejection including an indication that the artist is unavailable for the requested date or time; the entered performance price is too low; or the geographic region for the performance is out of the artist's desired performance region. Also, the artist may request that additional information about the proposed performance be supplied by the performance seeker.

The answer from the artist, including any request for additional information, is transmitted to the performance seeker (210). This preferably entails transmitting the answer from the artist interface 106 to the server 102, and then transmitting the message from the server 102 to the performance seeker interface 104. Most preferably, an e-mail message is sent from server 102 to performance-seeker interface 104. Alternatively, server 102 may directly couple to performance-seeker interface 104 via network 108 or performance-seeker interface 104 may poll server 102 for a response from the artist.

If the artist does not accept the booking request, then the performance seeker may attempt further booking requests resulting in repeating steps 204 through 210. Most preferably, if the artist does not wish further negotiations, an indication is included with the answer so that no additional attempts are made by a performance seeker to book the artist (213). For example, if the artist is booked for the dates requested by the performance seeker, then additional negotiations might not be appropriate. On the other hand, if the artist has rejected the booking request on the basis of the offering fee for the performance, additional negotiations may be warranted and desirable by both the performance seeker and the artist or performer (213).

If the booking request is accepted (212), then funds are secured from the performance seeker for the performance (214). In the preferred embodiment, included with the booking request is a method of payment indication. The payment indication preferably includes a credit card or bank account for the direct withdrawal of funds. Alternatively, the payment indicator is a check, money order or other form of monetary compensation. Most preferably, the funds from the performance seeker are not secured until there is an acceptance by the artist and the performance seeker is so notified that the artist has accepted the performance request. Once the artist accepts the booking request, the funds for the performance are secured via the method of payment without the performance seeker having an opportunity to withdraw the offer associated with the booking request. Most preferably, funds are secured and held by a payment-clearing agent, for example, ARTISTDISCOVERY.COM, of Chicago, Illinois. After funds are secured from the performance seeker (214), the artist receives verification that funds for the performance are available (216). This ensures for the artist that payment for the performance is available, and therefore, the artist may proceed with the performance without worry regarding the payment. Preferably, the verification for the artist that funds are available is sent from server 102 to artist interface 106 via any electronic mail transaction.

After funds are secured for the performance (214) and the artist receives verification that the funds are available (216), then contact information for both the artist and the performance seeker are exchanged (218). The withholding of contact information for the artist and the performance seeker provides a measure of security for both parties. However, after the offer of a booking and acceptance thereof by the artist, detail contact information such as a name, address, fax number, phone number, and e-mail address are exchanged.

By virtue of steps 200 through 218 described above, a performance seeker engages an artist or performer. This transaction is facilitated by system 100 in the manner described above to provide enhanced availability and efficiency in completing this transaction. More specifically, network 108 allows a performance seeker, through performance-seeker interface 104, to sample and then book a live performer. Conversely, an artist or performer, through server 102 and network 108 is marketed to an unlimited number of performance seekers in an unlimited number of geographical areas, without space and time restrictions. In addition to facilitating the transactions described in the above steps, a method and apparatus in accordance with the present invention also facilitates a secure transaction for payment of the artist by the performance seeker. In the preferred embodiment, when funds are secured from a performance seeker (214), the funds are not directly transmitted to the artist but are held by a payment-clearing agent. The payment-clearing agent effectively acts as an escrow, holding payment from the performance seeker until the artist completes the performance. After the artist successfully completes the performance, the payment-clearing agent releases funds as discussed further below.

Based on the booking request and subsequent acceptance, server 102 determines when the performance date has passed and when a predetermined period beyond the performance date has passed. In the preferred embodiment, 2 business days after the performance date has passed a determination is made of whether the performance seeker has indicated non-performance (222). In other words, there is a check to determine whether the performance was successfully completed at a period following the performance date. Most preferably, the performance seeker has the responsibility to notify server 102 if the performance is not completed successfully. If the performance seeker indicates that the performance did not occur, then the artist is contacted (224). The artist is contacted to verify the information from the performance seeker with regard to non-performance. If non-performance occurred through no fault of either party or as agreed by both parties, then the secured funds (214) are refunded (226). Otherwise, any dispute is resolved by the clearing agent and payments made in accordance with the resolution of the dispute. In some circumstances of non- performance, either the artist or the performance seeker is still charged a fee for the use of the server's resources.

If the performance seeker does not indicated to server 102 that there was non-performance within 2 business days after the agreed upon performance date, server 102 assumes there was performance. In this case, the artist is paid (228). Most preferably, the artist provides an account for the direct transfer of funds from the payment-clearing agent to the artist's account. Most preferably, the artist indicates to server 102 a bank account number and bank transit routing number to facilitate the direct electronic transfer of funds. In some circumstances, payment via a mailed check or money order from server 102 to the artist is necessary. The transaction is complete after the artist is paid (228) or after settlement of any dispute and the transfer of any refund in the case of non-performance (224, 226).

The present invention creates greater efficiency in an otherwise inefficient and "closed" segment of the services industry — performance booking. The present invention has wide applicability in the entertainment industry; however, other services in which the desirability of the service is impacted by the perceptible qualitative features of the service will benefit from the present invention. The present invention creates value for performers, the general public and the performance booking industry as discussed below.

1. Opening Up a Heretofore "Closed" Marketplace

Currently, performance booking is a rather "closed" marketplace where transactions are most often conducted in a business-to-business format in which an agent (a booking agent) represents a performer. The booking agent negotiates transactions (performances) on behalf of a performer to perform typically at business establishments (e.g., club establishments, colleges and universities, fairs and festivals, weddings, special events, etc.). Usually, the agent takes a fee from the performer's performance fee for arranging such transactions. The current business model is "closed" in the sense that the common person is generally excluded from participating in the performance booking process because of their lack of a relationship with either a performer or a booking agent. Hence, many opportunities in which a performance may be appropriate are forgone because of this inefficiency. For example, John Smith is getting married. A live band may be appropriate to hire for the wedding reception or to perform at the wedding, however, John Smith doesn't know a band nor does he know a booking agent he can call to arrange such a transaction. Furthermore, John isn't interested in doing an exhaustive search for a band or a booking agent to book a band. As a matter of fact, John isn't even sure where he would begin such a search. Even if John did locate a booking agent, he would not have the benefit of immediately perceiving the quality of the band. He would have to rely on the "unbiased" opinion of the booking agent. The present invention "opens up" the performance booking process by enabling even the common person to book a performer for any occasion (e.g., a wedding, private party, etc.) and the ability to perceive the quality of the performer by sampling either an audible or visual performance by the prospective performer. The present invention also creates efficiency in the performance booking process by enabling the performance seeker to visit a single location (e.g., an Internet site) to find, listen to and book a performer as opposed to having to search for, find and call several booking agents in search of a performer. The present invention, hence, makes a heretofore business-to-business process more retail oriented in which everyone with a computer can easily book a performer.

2. Providing the Performer with Wide Market Exposure

The present invention will enable performers to get much wider exposure and potentially performance bookings in locations and markets that the performer would otherwise not have known about. The emergence and growth of the Internet has instantaneously increased the size and reach of several markets. Since the performer's performance will now be available electronically (e.g., on an Internet site), the number of people exposed to the performer will be much greater than previously possible. Increased exposure will translate into increased bookings because of the tremendous reach of electronic communications, especially the Internet. The exhibition of the performer on an electronic platform such as the Internet increases marketing efficiency for the performer because it will enable the artist to be exposed to prospective performance bookers that they would never have even known about. This is distinctly different than the current business model in which booking agents usually book their performers in well known and established venues that they have had previous relationships with (e.g., club establishments, colleges and universities, etc.). These establishments are known as "talent buyers" and represent only a fraction of the total market that has a need for a performer — the retail market is the other segment of the "talent buying market" and it is currently being under served. The present invention overcomes this market deficiency by allowing anyone with access to a computer the ability to book a performer. The present invention is economically more beneficial to the performer because it enables the performer the potential to get a greater volume of bookings since they are exhibited on an open platform (e.g., on the Internet) and can thus get performance booking request from virtually anyone in the world. The present invention does not constrain the artist to the established relationships of a booking agent or to known venues.

3. Maximizing Producer/Seller Surplus by Allowing the Performance Seekers to Enter the Price they Want to Pay the Performer

The present invention provides an optimal economic benefit to the performer by allowing the performance seeker to input the price they want to pay the performer. The performer then considers the offering price entered by the performance seeker and decides whether or not to accept the performance request. Such a commerce system is known as a buyer-driven commerce system and it seeks to maximize producer/seller surplus. Producer/Seller surplus is an economic principle in which a producer/seller receives a price above and beyond what their minimum acceptable price is, also known as the price floor. The price that they receive minus what their minimum acceptable price is (the price floor) is the amount of the producer surplus. For example, if a performer's (the seller) minimum acceptable performance price is $1000 and someone offers to pay the performer $1500 for a performance, then the producer/seller surplus is $500. By allowing the buyer (performance seeker) to enter the price they want to pay the seller (performer), a buyer-driven commerce system enables the seller to maximize their earnings because the performer will at least obtain their minimum acceptable price — the price floor — for providing their service. If the price floor is not reached the seller has the right obviously to reject the offer. If the price floor is exceeded — which is the goal of a buyer driven commerce system — then the performer would receive the surplus. In order for a buyer-driven commerce system to work, the seller (performer) must not reveal what their performance price is; instead they must allow the buyer (performance seeker) to enter the price they want to pay the seller. This is the preferred method of pricing associated with the present invention. Moreover, in this preferred embodiment, the ability of the buyer (performance seeker) to pay is confirmed in advance because funds are secured from the performance seeker before the performer performs.

Since the market for booking services is rather "closed" and inefficient, pricing information for booking is not widely known especially among the general public. Therefore, the performer could potentially benefit from this market inefficiency by receiving performance offers well above their price floor, hence providing an economic benefit to the seller/performer. In addition, the performer is effectively guaranteed payment in the preferred embodiment of the invention.

As described above the present invention facilitates the booking of an artist for a performance. The artist may be a group, band, musician, solo vocalist, comedian, dancer or other artist. An apparatus in accordance with the invention provides unlimited exposure of artists to persons seeking artists, while simultaneously allowing, in a single medium, persons seeking artists to review the quality and character of the artists via audio or audiovisual sampling. The apparatus facilitates the exchange of consideration between the performer and performance seeker. The invention provides great efficiency to an otherwise cumbersome, haphazard and time-consuming process.

The invention being thus described, it will be evident that the same may be varied in many ways. Such variations are not to be regarded as a departure from the spirit and scope of the invention and all such modifications are intended to be included within the scope of the appended claims.

Claims

CLAIMS 1. A method for booking a live performance by a performer comprising the steps of:

A) displaying a performance in response to an electronic request from a performance seeker to receive a sample of the performance;

B) receiving an electronic booking request for a performer associated with the performance;

C) transmitting the electronic booking request for consideration by the performer; D) depositing a monetary deposit from the performance seeker with a payment-clearing agent;

E) receiving an answer to the booking request from the performer; and

F) transmitting the answer to the performance seeker.

2. The method of claim 1 wherein the performance comprises an audio portion or video portion.

3. The method of claim 1 wherein the performance seeker inputs the electronic request at a computer.

4. The method of claim 1 wherein the electronic booking request includes at least one of a performance date, a performance price, a location and a payment indicator.

5. The method of claim 4 wherein the payment indicator includes one of a credit card, debit card, check, cash or cash equivalent.

6. The method of claim 1 wherein the step of depositing the monetary deposit with a payment-clearing agent is made after the answer indicates acceptance from the performer.

7. The method of claim 6 wherein the monetary deposit is taken from the payment indicator.

8. The method of claim 7 further comprising the step of:

G) transmitting a balance due from the monetary deposit to the performer after receiving a verification of a completed engagement from the performance seeker.

9. The method of claim 8 wherein the step of transmitting the balance due further comprises electronically transferring the balance due to an account associated with the performer.

10. An apparatus for engaging performers comprising: a first computer with a performance-seeker interface; a second computer with an artist interface; a third computer; a first network coupling the first computer to the third computer; a second network coupling the second computer with the third computer; wherein the performance-seeker interface displays a recorded performance for a performer and transmits a booking request that includes an offer for the performer to performer to the third computer; wherein the third computer transmits the booking request to the artist interface and receives a response from the artist interface indicating acceptance or rejection of the offer; and wherein the third computer transmits the response from the artist interface to the performance-seeker interface.

11. The apparatus of claim 10 wherein the first network and the second network are an Internet network.

12. The apparatus of claim 11 wherein the performance-seeker interface comprises a web browser.

13. The apparatus of claim 12 wherein the artist interface comprises a web browser.

14. The apparatus of claim 13 wherein the offer comprises a performance date, a performance place, and a price.

15. The apparatus of claim 14 wherein the booking request includes a payment indicator.

16. The apparatus of claim 15 wherein the third computer secures a deposit based on the payment indicator if the response is an acceptance.

17. The apparatus of claim 16 wherein the booking request is transmitted to the artist interface by electronic mail.

18. The apparatus of claim 17 wherein the third computer transmits the response to the performance-seeker interface by electronic mail.

19. The apparatus of claim 18 wherein the deposit is held by a payment- clearing agent.