WEBVTT 1 00:00:00.000 --> 00:00:10.000 Awesome. 2 00:00:10.000 --> 00:00:13.000 Awesome. 3 00:00:13.000 --> 00:00:16.000 Awesome. 4 00:00:16.000 --> 00:00:19.000 Let me do this. 5 00:00:19.000 --> 00:00:22.000 Gallery view for me. 6 00:00:22.000 --> 00:00:25.000 Just real curious. 7 00:00:25.000 --> 00:00:28.000 I want to make sure you guys are all getting the emails at night. 8 00:00:28.000 --> 00:00:31.000 If you have not seen the emails, 9 00:00:31.000 --> 00:00:34.000 everybody is getting them? 10 00:00:34.000 --> 00:00:37.000 Good. 11 00:00:37.000 --> 00:00:40.000 If for some reason you miss one, 12 00:00:40.000 --> 00:00:43.000 don't worry about it. 13 00:00:43.000 --> 00:00:46.000 The email I sent you on Friday will have all of them listed. 14 00:00:46.000 --> 00:00:49.000 You know how each day there has been another email 15 00:00:49.000 --> 00:00:52.000 that shows you a recording for today? 16 00:00:52.000 --> 00:00:55.000 Let's say you lost it. 17 00:00:55.000 --> 00:00:58.000 If you lose it, 18 00:00:58.000 --> 00:01:01.000 I will have every single link 19 00:01:01.000 --> 00:01:04.000 listed one-by-one. 20 00:01:04.000 --> 00:01:07.000 You will be absolutely fine. 21 00:01:07.000 --> 00:01:10.000 You don't have to worry about it. 22 00:01:10.000 --> 00:01:13.000 I will give it another minute or two 23 00:01:13.000 --> 00:01:16.000 for everybody to jump in. 24 00:01:16.000 --> 00:01:19.000 A lot of people jumped into VIP 25 00:01:19.000 --> 00:01:22.000 as we got started, 26 00:01:22.000 --> 00:01:25.000 but we will let you know in the next couple of days 27 00:01:25.000 --> 00:01:28.000 how you can invite more people. 28 00:01:28.000 --> 00:01:31.000 Absolutely. 29 00:01:31.000 --> 00:01:34.000 We will talk about that tomorrow as well. 30 00:01:34.000 --> 00:01:37.000 Let's see. 31 00:01:37.000 --> 00:01:40.000 I don't think 32 00:01:40.000 --> 00:01:43.000 . 33 00:01:43.000 --> 00:01:46.000 Was today easier to follow? 34 00:01:46.000 --> 00:01:49.000 Good. 35 00:01:49.000 --> 00:01:52.000 Copyright is not really a very difficult area. 36 00:01:52.000 --> 00:01:55.000 It is just an area 37 00:01:55.000 --> 00:01:58.000 where there are a lot of different areas 38 00:01:58.000 --> 00:02:01.000 that are protectable. 39 00:02:01.000 --> 00:02:04.000 There are a lot of things that are protectable by copyright. 40 00:02:04.000 --> 00:02:07.000 In trademarks, 41 00:02:07.000 --> 00:02:10.000 you typically think name, slogan, 42 00:02:10.000 --> 00:02:13.000 logo. 43 00:02:13.000 --> 00:02:16.000 There are not a lot of people out there that are creating 44 00:02:16.000 --> 00:02:19.000 . 45 00:02:19.000 --> 00:02:22.000 In the copyright world, 46 00:02:22.000 --> 00:02:25.000 there are a ton of people 47 00:02:25.000 --> 00:02:28.000 that are creating different artistic works. 48 00:02:28.000 --> 00:02:31.000 From sculptures to books, 49 00:02:31.000 --> 00:02:34.000 to computer code, 50 00:02:34.000 --> 00:02:37.000 to pictures, to paintings, 51 00:02:37.000 --> 00:02:40.000 to sound recordings, 52 00:02:40.000 --> 00:02:43.000 to dancing, to choreography. 53 00:02:43.000 --> 00:02:46.000 Peter, 54 00:02:46.000 --> 00:02:49.000 I had asked this question in the earlier chat. 55 00:02:49.000 --> 00:02:52.000 Where in an artwork 56 00:02:52.000 --> 00:02:55.000 would you put the copyright mark? 57 00:02:55.000 --> 00:02:58.000 You would not put it on a sculpture or painting. 58 00:02:58.000 --> 00:03:01.000 That is a great question. 59 00:03:01.000 --> 00:03:04.000 I find a lot of people do it in one or two ways. 60 00:03:04.000 --> 00:03:07.000 A lot of high-end people 61 00:03:07.000 --> 00:03:10.000 create a separate sticker 62 00:03:10.000 --> 00:03:13.000 . 63 00:03:13.000 --> 00:03:16.000 I have seen that a lot. 64 00:03:16.000 --> 00:03:19.000 Very high-end paintings, 65 00:03:19.000 --> 00:03:22.000 it is almost like a metallic-looking sticker. 66 00:03:22.000 --> 00:03:25.000 They put it on the back. 67 00:03:25.000 --> 00:03:28.000 You do not want to touch the face of your work. 68 00:03:28.000 --> 00:03:31.000 That is crazy. 69 00:03:31.000 --> 00:03:34.000 You can put your signature there. 70 00:03:34.000 --> 00:03:37.000 Even when people put their signature, 71 00:03:37.000 --> 00:03:40.000 if you put it on the back of your painting, 72 00:03:40.000 --> 00:03:43.000 that would be detrimental. 73 00:03:43.000 --> 00:03:46.000 I would put that notice on the back of the work 74 00:03:46.000 --> 00:03:49.000 or underneath the work. 75 00:03:49.000 --> 00:03:52.000 In a place where people can find it. 76 00:03:52.000 --> 00:03:55.000 That is what I would do. 77 00:03:55.000 --> 00:03:58.000 We want to place people on notice so they are aware 78 00:03:58.000 --> 00:04:01.000 of the legal rights. 79 00:04:01.000 --> 00:04:04.000 We do not want to mess with the original work. 80 00:04:04.000 --> 00:04:07.000 That is a great question. 81 00:04:07.000 --> 00:04:10.000 Samuel, 82 00:04:10.000 --> 00:04:13.000 how are you? 83 00:04:13.000 --> 00:04:16.000 I am doing well. 84 00:04:16.000 --> 00:04:19.000 I have a question for you. 85 00:04:19.000 --> 00:04:22.000 When I went to the copyright website, 86 00:04:22.000 --> 00:04:25.000 it showed you could copyright a database, 87 00:04:25.000 --> 00:04:28.000 which I never knew. 88 00:04:28.000 --> 00:04:31.000 Where would you put that copyright symbol? 89 00:04:31.000 --> 00:04:34.000 That is a great question. 90 00:04:34.000 --> 00:04:37.000 If you have an electronic database, 91 00:04:37.000 --> 00:04:40.000 do you know how, 92 00:04:40.000 --> 00:04:43.000 let me give you an example. 93 00:04:43.000 --> 00:04:46.000 Have you ever written code? 94 00:04:46.000 --> 00:04:49.000 Great. 95 00:04:49.000 --> 00:04:52.000 In a software app, 96 00:04:52.000 --> 00:04:55.000 you have on the graphical user interface, 97 00:04:55.000 --> 00:04:58.000 there is a notice somewhere that shows you 98 00:04:58.000 --> 00:05:01.000 how you are packaging the software. 99 00:05:00.000 --> 00:05:06.880 you'll see the copyright notice, right? So, for a database, you can place it within the script 100 00:05:06.880 --> 00:05:13.120 itself, but what people commonly do is they put it on, if this is a physical device, like I have a 101 00:05:14.560 --> 00:05:22.080 five terabyte device over here, right? So, on that, you can place it on there, but what people 102 00:05:22.080 --> 00:05:28.640 typically do is they'll put it within the code itself, like in the metadata, or they'll put it 103 00:05:28.640 --> 00:05:35.600 in something that's related to the code. Here's the thing, you don't want your notice to be hidden 104 00:05:35.600 --> 00:05:43.440 so nobody sees it, right? Because then you're not placing anybody on notice, right? So, if you're 105 00:05:43.440 --> 00:05:49.040 going to place people on notice, you want to get it in front of them. And so, typically, when you're 106 00:05:49.040 --> 00:05:56.800 looking at code, like if you're doing JavaScript, or you're doing HTML, or you're doing, you know, 107 00:05:56.800 --> 00:06:01.360 whatever it is, you'll see like metadata there, like you'll see something there that kind of 108 00:06:01.360 --> 00:06:06.960 talks about things like this. It'll say, you know, owned by blah, blah, blah, copyright, blah, blah, 109 00:06:06.960 --> 00:06:12.400 blah, it's all there right up front. So, that's typically what you'll have. In database situations, 110 00:06:12.400 --> 00:06:20.480 it's kind of been like that. It's not very often that people file copyrights just for a full 111 00:06:20.480 --> 00:06:25.200 database, you know, because think about this, what's the essence of the database? 112 00:06:26.880 --> 00:06:32.720 Like, where's the essence of the work? So, let's say there's a database that has 113 00:06:34.160 --> 00:06:42.720 two terabytes worth of data, right? And somebody copies three lines, is that copyright infringement? 114 00:06:43.600 --> 00:06:49.760 Because it's such a low percentage of the entire work, that one would argue, it's not really the 115 00:06:49.760 --> 00:06:56.640 essence. So, if somebody grabs, you know, it becomes difficult, like, you know, so this is 116 00:06:56.640 --> 00:07:00.640 what I tend to tell people, if you're dealing with code, if you're dealing with some kind of 117 00:07:00.640 --> 00:07:07.520 original work, find what's most important in that work, and file that separately. So, let's say in 118 00:07:08.320 --> 00:07:14.720 your 50 pages of code, these two pages are like the crux of it. This is like the core of it. I 119 00:07:14.720 --> 00:07:20.400 would file those two pages alone, so that nobody can touch those pages ever. Now, you can do, 120 00:07:20.400 --> 00:07:25.360 since it's only 65 bucks, you can file for the entire thing, and then those two pages alone, 121 00:07:25.360 --> 00:07:32.800 you can do that too. But the point is that if your work is so incredibly big, like a 5,000 page book, 122 00:07:33.760 --> 00:07:38.960 and somebody copies, let's say, three lines of it, and incorporates it into their work, 123 00:07:39.920 --> 00:07:43.440 it becomes difficult. I'm not saying you can't enforce it, I'm saying it becomes difficult to 124 00:07:43.440 --> 00:07:51.520 enforce it. You know, does that help? Yeah, it does, it does. Because typically, databases are, 125 00:07:51.520 --> 00:07:56.160 I don't really think of them as something copyrightable. It's like, it just contains the 126 00:07:56.720 --> 00:08:02.480 the result of work that's, you know, it's sort of like a byproduct, really, than the main thing. 127 00:08:02.480 --> 00:08:08.160 So, I'm just curious. Right. No, you're exactly right. So, it's like this massive amount of work 128 00:08:08.160 --> 00:08:12.960 has been placed in the one, you know, one area, and they're filing for that at once. And 129 00:08:13.680 --> 00:08:17.520 I don't tend to, I mean, I guess one of the reasons why you might do that is like, 130 00:08:17.520 --> 00:08:21.840 if you're going to end up in litigation, you want to say, look, the database that was copied, 131 00:08:21.840 --> 00:08:26.880 because you do have situations where people steal a database, you know, like, employee leaves, 132 00:08:26.880 --> 00:08:33.600 takes a pen drive out, you know, copies the entire database, you know, or takes one of these 133 00:08:34.320 --> 00:08:40.799 five terabyte, Western digital drives that you can fit literally in your pocket, 134 00:08:41.440 --> 00:08:46.160 and takes the database, and you could say, hey, that entire database is copyrighted. That's 135 00:08:46.160 --> 00:08:51.360 copyright infringement, right. So, that's something you could do. But what I tend to tell people is, 136 00:08:51.360 --> 00:08:55.040 find within that database, what's really important. And make sure you own that. 137 00:08:56.400 --> 00:09:04.800 Now, you could kind of as a an overcompensating way to to kind of cover everything or all your 138 00:09:04.800 --> 00:09:08.960 bases, you could file on the database itself. It's just, just becomes a little more difficult 139 00:09:08.960 --> 00:09:16.960 to enforce. That's all. I mean, it's better than nothing. But, but, you know, there's 500 140 00:09:17.040 --> 00:09:23.280 million documents in there, and somebody copied one line on one page. I'm like, that's going to 141 00:09:23.280 --> 00:09:31.600 be hard, hard to enforce. So, yeah, for that reason, I'd be careful about that. All right, 142 00:09:31.600 --> 00:09:37.680 I want to take a little bit of time here to go into the copyright side a little bit more here, 143 00:09:38.880 --> 00:09:41.120 just to make sure that people really get this. 144 00:09:41.280 --> 00:09:43.280 Share my screen. 145 00:09:45.680 --> 00:09:49.920 There we go. Okay. And then I want to go through some real life practical examples, 146 00:09:49.920 --> 00:09:53.200 because people are probably trying to figure out, well, how does this 147 00:09:54.720 --> 00:09:59.280 work in real life? Like, where, where do you get the data? 148 00:10:00.000 --> 00:10:01.360 Do I have infringement issues? 149 00:10:01.360 --> 00:10:04.920 Where do I, how do I enforce rights? 150 00:10:04.920 --> 00:10:07.000 And so we'll talk a little bit about that too. 151 00:10:07.000 --> 00:10:09.080 I'm also gonna talk about cease and desist letters 152 00:10:09.080 --> 00:10:13.000 because I think people use them very aggressively 153 00:10:13.000 --> 00:10:15.580 and they don't realize they can end up in litigation. 154 00:10:15.580 --> 00:10:18.760 So I'm gonna talk about that a little bit 155 00:10:18.760 --> 00:10:20.620 but let's just kind of look at the site 156 00:10:20.620 --> 00:10:22.020 for a second together. 157 00:10:23.360 --> 00:10:27.080 So this page over here kind of talks 158 00:10:27.080 --> 00:10:29.140 about the registration portal itself. 159 00:10:30.160 --> 00:10:31.840 It tells you right off the bat, 160 00:10:31.840 --> 00:10:34.760 it says you may register up to 10 unpublished works 161 00:10:34.760 --> 00:10:37.800 on the same application, right? 162 00:10:37.800 --> 00:10:42.680 So you don't, actually, let me just continue here 163 00:10:42.680 --> 00:10:44.520 but you must select the new application 164 00:10:44.520 --> 00:10:46.920 for a group of unpublished works, okay. 165 00:10:46.920 --> 00:10:49.760 So I just wanna explain this part right here 166 00:10:49.760 --> 00:10:52.280 because this is a little confusing. 167 00:10:52.280 --> 00:10:57.280 So you can file, you can register 10 unpublished works 168 00:10:57.280 --> 00:11:00.440 in one application and it says, 169 00:11:00.440 --> 00:11:02.920 but you must select the new application 170 00:11:02.920 --> 00:11:05.660 for a group of unpublished works, right? 171 00:11:05.660 --> 00:11:07.300 So if you're doing an application 172 00:11:07.300 --> 00:11:09.480 for multiple unpublished works, 173 00:11:09.480 --> 00:11:11.520 you're not gonna select the normal application, 174 00:11:11.520 --> 00:11:14.000 you're gonna select the group, okay. 175 00:11:14.000 --> 00:11:15.640 So I just wanna highlight that 176 00:11:15.640 --> 00:11:18.560 because what people do is they start filling out 177 00:11:18.560 --> 00:11:22.080 the application in a lot of detail. 178 00:11:22.080 --> 00:11:23.920 They get to the point to submit and they say, 179 00:11:23.920 --> 00:11:25.480 well, how do I add the second work? 180 00:11:25.480 --> 00:11:27.020 And they did all that work 181 00:11:27.760 --> 00:11:30.060 and now they're like starting again. 182 00:11:30.060 --> 00:11:31.140 You don't need to do that. 183 00:11:31.140 --> 00:11:34.260 Like in the group of unpublished works, 184 00:11:34.260 --> 00:11:36.140 there are certain requirements that are there, 185 00:11:36.140 --> 00:11:37.980 one of which is that the same artist 186 00:11:37.980 --> 00:11:40.100 is associated with all of them. 187 00:11:40.100 --> 00:11:44.780 And so you don't need to re-enter for every single work, 188 00:11:44.780 --> 00:11:46.820 your name, your address, your blah, blah, blah, 189 00:11:46.820 --> 00:11:47.660 you shouldn't have to do that. 190 00:11:47.660 --> 00:11:49.460 If you find yourself writing that over and over, 191 00:11:49.460 --> 00:11:52.860 something's wrong, you've got the wrong application. 192 00:11:52.860 --> 00:11:55.460 So you shouldn't have to do for 10 different works, 193 00:11:56.460 --> 00:11:59.420 identify yourself 10 times, something's wrong with that. 194 00:11:59.420 --> 00:12:00.780 I wanna highlight that for you 195 00:12:00.780 --> 00:12:03.220 because a lot of people get that wrong, 196 00:12:05.020 --> 00:12:08.100 but that's okay, it's all in the learning process. 197 00:12:08.100 --> 00:12:12.820 The other part is in visual arts. 198 00:12:12.820 --> 00:12:14.960 I just wanna explain this in visual arts. 199 00:12:14.960 --> 00:12:17.060 How many people here are painters? 200 00:12:17.060 --> 00:12:18.100 Are there any painters here? 201 00:12:18.100 --> 00:12:21.340 Okay, great, there's a painters, multiple painters, okay. 202 00:12:21.340 --> 00:12:26.340 All right, so in the area of visual arts, 203 00:12:29.020 --> 00:12:32.140 okay, you see here it says examples of visual arts include, 204 00:12:32.140 --> 00:12:34.780 there it tells you exactly what's covered. 205 00:12:34.780 --> 00:12:37.820 Paintings, sculptures, photographs, 206 00:12:37.820 --> 00:12:39.540 those are the main areas. 207 00:12:39.540 --> 00:12:41.020 So if you're gonna do a painting, 208 00:12:41.020 --> 00:12:45.900 you're gonna file under a visual art category, okay? 209 00:12:45.900 --> 00:12:47.340 The reason why I'm showing you this 210 00:12:47.340 --> 00:12:48.740 is because a lot of people, 211 00:12:48.740 --> 00:12:50.600 what they do is they go over here. 212 00:12:52.340 --> 00:12:57.340 Let's see, I've seen people go into photographs 213 00:12:59.420 --> 00:13:02.300 and start filing a photograph application 214 00:13:02.300 --> 00:13:03.460 for their paintings. 215 00:13:03.460 --> 00:13:06.060 Even though you would think like paintings 216 00:13:06.060 --> 00:13:07.160 are different from photographs, 217 00:13:07.160 --> 00:13:08.660 people get that wrong all the time. 218 00:13:08.660 --> 00:13:10.880 And so I wanna make sure you don't go down that route 219 00:13:10.880 --> 00:13:14.020 of filling out a photographic application 220 00:13:14.020 --> 00:13:16.420 and then realize, oops, it doesn't belong there. 221 00:13:16.420 --> 00:13:21.420 It actually belongs under a visual art, okay? 222 00:13:23.780 --> 00:13:26.940 This other category here, other digital content. 223 00:13:28.800 --> 00:13:31.220 All right, this one, if you're doing NFTs 224 00:13:31.220 --> 00:13:32.860 and you're doing graphical works, 225 00:13:32.860 --> 00:13:35.860 you're probably gonna deal with this, okay? 226 00:13:35.860 --> 00:13:39.140 So these are other digital contents, okay? 227 00:13:39.140 --> 00:13:41.660 So there are people that actually create 228 00:13:42.860 --> 00:13:45.920 computer graphic works off of original works. 229 00:13:46.320 --> 00:13:48.280 My daughter deals in that area. 230 00:13:48.280 --> 00:13:49.360 A lot of people I know do, 231 00:13:49.360 --> 00:13:52.360 you're gonna be looking in this category as well. 232 00:13:52.360 --> 00:13:56.400 So just kind of look around in here and see what's covered. 233 00:13:57.720 --> 00:13:58.560 I just wanna take a second 234 00:13:58.560 --> 00:14:00.420 and kind of explain something here. 235 00:14:02.060 --> 00:14:05.080 If you're the artist on the original work 236 00:14:05.080 --> 00:14:06.780 and somebody takes the original work 237 00:14:06.780 --> 00:14:09.880 and then makes a computer rendered image of it, 238 00:14:09.880 --> 00:14:12.640 all right, that's a derivative work. 239 00:14:12.640 --> 00:14:13.800 They can't do that. 240 00:14:14.720 --> 00:14:18.320 So if you find out that someone's taking 241 00:14:18.320 --> 00:14:20.720 your original artistic work and they're doing something 242 00:14:20.720 --> 00:14:22.200 and putting it in another medium, 243 00:14:22.200 --> 00:14:26.280 or let's say you create a painting, all right? 244 00:14:26.280 --> 00:14:29.400 And you're at a conference 245 00:14:29.400 --> 00:14:33.080 and you create your painting during the conference 246 00:14:33.080 --> 00:14:34.480 and it's on display. 247 00:14:35.920 --> 00:14:38.920 Now, somebody tell me what happens. 248 00:14:38.920 --> 00:14:41.120 What do the people start doing? 249 00:14:41.120 --> 00:14:43.460 Type in the chat what people, yeah, exactly. 250 00:14:44.120 --> 00:14:45.900 They start taking pictures of it. 251 00:14:45.900 --> 00:14:47.860 And then they, what do they do after they take pictures 252 00:14:47.860 --> 00:14:49.140 of it? 253 00:14:49.140 --> 00:14:52.260 Put it on Facebook, on Instagram. 254 00:14:53.380 --> 00:14:56.420 You know, they use it as a background on their website. 255 00:14:56.420 --> 00:14:59.420 They use it, you know, they use it in TikTok. 256 00:14:59.420 --> 00:15:00.260 They use it in. 257 00:15:00.000 --> 00:15:03.640 Instagram, they use it all over the place. All of that is 258 00:15:03.640 --> 00:15:06.720 copyright infringement. Every single instance of that is 259 00:15:06.720 --> 00:15:10.920 copyright infringement. So I'm telling you this, not only to 260 00:15:11.360 --> 00:15:15.120 minimize, you're doing that, because it actually takes away 261 00:15:15.120 --> 00:15:18.920 from the funds that the original artists would make. Because now 262 00:15:18.920 --> 00:15:22.480 the artist is losing out. Like I know a number of artists who 263 00:15:22.480 --> 00:15:26.960 have come to me, practically in tears, because they're 264 00:15:26.960 --> 00:15:30.360 remarkably gifted, but they're making no money. And they say, 265 00:15:30.360 --> 00:15:32.840 I don't understand why am I making no money when I'm so good 266 00:15:32.840 --> 00:15:35.240 at what I do? And I said, Well, the reason why is you've given 267 00:15:35.240 --> 00:15:39.560 everything away from free. So if you're an artist, this is what I 268 00:15:39.560 --> 00:15:43.400 want you to start doing. If you're an artist, and you have a 269 00:15:43.400 --> 00:15:47.680 painting that you created, do not take high res pictures of 270 00:15:47.680 --> 00:15:54.240 your of your paintings. Use very low res, low DPI, low dots per 271 00:15:54.240 --> 00:16:01.440 inch. And then watermark the low DPI with a good program that 272 00:16:01.440 --> 00:16:08.640 cannot be reverse engineered. By doing that, your name, your 273 00:16:08.640 --> 00:16:11.960 label, whatever it is, your company is watermarked on there, 274 00:16:11.960 --> 00:16:15.720 the resolution is so low. So what happens is people can't 275 00:16:15.720 --> 00:16:21.520 just take your picture, and then go to the corner store and say, 276 00:16:21.520 --> 00:16:24.600 turn this into a painting for me, or turn this into a, you 277 00:16:24.600 --> 00:16:30.800 know, a, a larger picture for me. All right, I mean, I have 278 00:16:30.800 --> 00:16:35.320 right here a lion, and underneath the lion is a soldier 279 00:16:35.320 --> 00:16:39.160 on his knee with a sword and a shield, right? That's not the 280 00:16:39.160 --> 00:16:44.320 original work. I bought that from the original artists off of 281 00:16:44.320 --> 00:16:48.040 their website. But I don't have the right to now take a picture 282 00:16:48.040 --> 00:16:51.360 of that and make it a background on my website. Now, 283 00:16:51.360 --> 00:16:55.560 does that mean we all follow that? No, we violate the law all 284 00:16:55.560 --> 00:17:00.880 the time. I mean, look, I was a kid. I used to do DJing stuff. I 285 00:17:00.880 --> 00:17:04.200 used to create my own mixes. Every single one of them was 286 00:17:04.200 --> 00:17:08.760 copyright infringement. Every one of them. You know, I mean, 287 00:17:08.760 --> 00:17:11.880 so I did it all day long. And then what did I do? I sold the 288 00:17:11.880 --> 00:17:16.280 tapes. That's like mega comp copyright. Not only was I doing 289 00:17:16.280 --> 00:17:19.280 copyright infringement, I like doing triple, quadruple 290 00:17:19.280 --> 00:17:23.000 copyright infringement. So maybe this has been my repentance 291 00:17:23.040 --> 00:17:28.359 becoming an IP attorney is making up for the years of 292 00:17:28.400 --> 00:17:33.480 infringement that I have done in being of service to people so 293 00:17:33.480 --> 00:17:37.360 that they don't have to happen to them. Right. So I'm telling 294 00:17:37.360 --> 00:17:41.280 you all this because I know that all of you artists work very 295 00:17:41.280 --> 00:17:46.040 hard at what you do. It takes time. There's a lot of passion 296 00:17:46.040 --> 00:17:51.160 behind it. And it's kind of heart wrenching when, you know, 297 00:17:51.160 --> 00:17:53.160 you create a certain work, and all of a sudden, it's all over 298 00:17:53.160 --> 00:17:57.120 the internet. And you didn't get a penny out of it. Like, how did 299 00:17:57.120 --> 00:17:59.960 that happen? Because of copyright, copyright law, you 300 00:17:59.960 --> 00:18:03.080 need to use copyright law. So now what you're going to do is, 301 00:18:03.240 --> 00:18:06.920 if you have a website where you're showing the images of 302 00:18:06.920 --> 00:18:09.720 your paintings, you're gonna have a copyright notice right 303 00:18:09.720 --> 00:18:14.280 there. You're gonna say right up front. Every image here is 304 00:18:14.280 --> 00:18:21.920 protected by under copyright law. All rights reserved. No 305 00:18:21.920 --> 00:18:26.480 rights to make derivative works make copies. None of them are 306 00:18:26.480 --> 00:18:32.120 provided. Any violation is infringement, like you'll make 307 00:18:32.120 --> 00:18:36.920 it very clear. Like when I post the videos for you, you notice 308 00:18:36.920 --> 00:18:41.520 in my in YouTube, there's a notice on there. I mean, people 309 00:18:41.520 --> 00:18:43.920 will be silly to actually download my material because 310 00:18:43.920 --> 00:18:46.120 that's copyright infringement. And I'm IP attorney. I mean, 311 00:18:46.120 --> 00:18:51.080 that just would be that's not smart. All right. So like, like 312 00:18:51.080 --> 00:18:55.200 you don't, you just anyways, I'll do a bit of that. This is 313 00:18:55.200 --> 00:18:58.760 not smart. So the same thing for you use your copyright notices, 314 00:18:59.480 --> 00:19:04.560 upload and load DPI, use the watermark. All right. Now one 315 00:19:04.560 --> 00:19:08.080 more thing. If you're going to show your paintings to an 316 00:19:08.080 --> 00:19:12.280 audience, put some kind of what I've seen a lot of people do is 317 00:19:12.280 --> 00:19:17.240 they put some kind of sign on the painting. So as to make it 318 00:19:17.240 --> 00:19:21.760 so people don't take pictures of it. Now, the problem with that, 319 00:19:21.760 --> 00:19:24.040 obviously, is that if you're using like scotch tape or 320 00:19:24.040 --> 00:19:27.440 something, then when somebody pulls it, it can damage your 321 00:19:27.440 --> 00:19:31.000 image. So I would not suggest that in any way, shape or form. 322 00:19:31.320 --> 00:19:34.280 I recently was at a conference where the artist was so 323 00:19:34.280 --> 00:19:38.960 desperate that she literally did that. Because everybody was just 324 00:19:38.960 --> 00:19:43.400 massively taking pictures and, and it was really bothering her. 325 00:19:43.400 --> 00:19:47.080 And so so for that reason, she did that. But you know what the 326 00:19:47.080 --> 00:19:50.480 people did? They moved the image, they moved the piece of 327 00:19:50.480 --> 00:19:54.840 paper, they took the pictures anyway. So you know, if you want 328 00:19:54.840 --> 00:19:58.680 to stop the stampede, make sure you don't provide something 329 00:19:58.680 --> 00:20:00.000 that's going to cause the stampede. 330 00:20:00.000 --> 00:20:07.360 I know I took some time on that, but the reason for that is because I just, I've seen what 331 00:20:07.360 --> 00:20:09.120 happens, the damage that happens out of it. 332 00:20:09.120 --> 00:20:14.820 Let me talk a little bit about software, software, the code is protectable by copyright. 333 00:20:14.820 --> 00:20:22.620 The functionality associated with the code is protectable by Samuel. 334 00:20:22.620 --> 00:20:29.520 The functionality of the software, boom, Samuel, tomorrow is Samuel day. 335 00:20:29.520 --> 00:20:30.520 It's going to be awesome. 336 00:20:30.520 --> 00:20:31.520 We're hitting patents. 337 00:20:31.520 --> 00:20:32.520 Come on. 338 00:20:32.520 --> 00:20:34.080 It's going to be so good. 339 00:20:34.080 --> 00:20:35.800 So we're going into patents tomorrow. 340 00:20:35.800 --> 00:20:38.100 We'll have some overview of other things too. 341 00:20:38.100 --> 00:20:42.400 So we're going to kind of combine copyright and trademark and patent and then finally 342 00:20:42.400 --> 00:20:46.880 day five on Friday, we're combining everything and we're going to go through that scenario 343 00:20:46.880 --> 00:20:52.280 and you're going to see how you actually know what every single area of law is associated 344 00:20:52.280 --> 00:20:53.280 with that scenario. 345 00:20:53.280 --> 00:20:56.080 Where on day one, you're kind of like, what, I don't understand. 346 00:20:56.080 --> 00:20:57.080 All right. 347 00:20:57.640 --> 00:21:10.240 Chris Patio, Patel, Patel, Chris Patel, hey Chris, it's Patel, Patel, it's way simpler. 348 00:21:10.240 --> 00:21:13.640 Like I get, I get Patel, what's up bro? 349 00:21:13.640 --> 00:21:22.080 Like for me, I get Neves, knives, Neves, Neives, and I'm like, it's Neves, it's Neves, it's 350 00:21:22.080 --> 00:21:23.080 so simple. 351 00:21:23.080 --> 00:21:25.320 All right, go ahead, what's your question? 352 00:21:25.320 --> 00:21:32.800 So the question is earlier you talked about dropping books in series, so shown intent. 353 00:21:32.800 --> 00:21:39.880 So I heard that problem, like from the author of JJ Virgin, she does like health stuff and 354 00:21:39.880 --> 00:21:45.240 the keto and she mentioned, I really wish I would have, I knew I was going to write 355 00:21:45.240 --> 00:21:46.800 more books. 356 00:21:46.800 --> 00:21:51.520 So how would it be best to like show intent for a series? 357 00:21:51.520 --> 00:21:54.680 Would it be best to drop the series right there? 358 00:21:54.680 --> 00:21:59.000 Or like, I guess that's my question. 359 00:21:59.000 --> 00:22:00.600 Yeah, that's a great question. 360 00:22:00.600 --> 00:22:05.760 I mean, part of it, part of the answer to what you're talking about is going to depend 361 00:22:05.760 --> 00:22:09.000 upon the publisher that you're working with, if you're using a publisher, because some 362 00:22:09.000 --> 00:22:12.320 publishers are going to want to advertise that there's a series and other ones want 363 00:22:12.320 --> 00:22:13.800 to use it as a surprise. 364 00:22:13.800 --> 00:22:16.960 So it depends on, you know, how you're doing this. 365 00:22:16.960 --> 00:22:20.840 If you're doing it yourself, then you might want to, you know, towards the end of the 366 00:22:20.840 --> 00:22:24.560 book allude to something else coming, right? 367 00:22:24.560 --> 00:22:26.160 So you can do that. 368 00:22:26.160 --> 00:22:30.560 But as far as the, as far as copyright law goes, you can, you know, you file them as 369 00:22:30.560 --> 00:22:35.200 individual books, as far as trademark law goes, once you get your second book, you could 370 00:22:35.200 --> 00:22:40.120 say it's a series and you could file for the title as a trademark application saying it 371 00:22:40.120 --> 00:22:44.480 is a series, look, I've got two books, boom, give me my trademark, right? 372 00:22:44.480 --> 00:22:46.720 So trademark law doesn't care. 373 00:22:46.720 --> 00:22:48.840 Copyright law doesn't care as much either. 374 00:22:48.840 --> 00:22:55.800 The rest of the part, as far as letting the public know about when, you know, the next 375 00:22:55.800 --> 00:23:02.920 version is going to come out, you got to be careful because in publishing you have what's 376 00:23:02.920 --> 00:23:05.480 called windows, right? 377 00:23:05.480 --> 00:23:07.920 So anybody who's an author will probably relate to this. 378 00:23:07.920 --> 00:23:09.240 There's this thing called windows. 379 00:23:09.240 --> 00:23:11.480 So I publish a book. 380 00:23:11.480 --> 00:23:13.440 Now I've gained a following. 381 00:23:13.440 --> 00:23:18.000 Now, since there's a following, I need to publish my next version within a certain amount 382 00:23:18.000 --> 00:23:19.220 of time. 383 00:23:19.220 --> 00:23:24.720 If I've made the public aware of a series and I don't deliver on that series within 384 00:23:24.720 --> 00:23:27.400 a certain amount of time, I'm going to lose interest. 385 00:23:27.400 --> 00:23:28.400 Okay. 386 00:23:28.400 --> 00:23:31.360 So this is why with certain publishers, they'll pay you for a series. 387 00:23:31.360 --> 00:23:35.920 Like I have a friend of mine who's paid, I think it was like 150,000 for four books, 388 00:23:35.920 --> 00:23:36.920 right? 389 00:23:36.920 --> 00:23:41.000 And so, but they're not like massive books, they're just kind of four books. 390 00:23:41.680 --> 00:23:47.760 But he has a schedule, like they told him, your mandatory schedule is, this is coming 391 00:23:47.760 --> 00:23:51.840 out at this date, this is coming on that date, this is coming on that date. 392 00:23:51.840 --> 00:23:56.320 And then within that, your first draft is due on this date, your second draft is due 393 00:23:56.320 --> 00:24:01.280 on that date, your editing is due on this date, the illustrations is due on that date, 394 00:24:01.280 --> 00:24:03.040 like it's very scheduled. 395 00:24:03.040 --> 00:24:10.960 Now that's not to mean, just to be real clear, it's not to mean that it works because artists, 396 00:24:10.960 --> 00:24:15.680 publishers, you know, writers, authors, they hit blocks, you know, like they hit these 397 00:24:15.680 --> 00:24:19.480 mental blocks where all of a sudden something's just not flowing. 398 00:24:19.480 --> 00:24:24.560 So then you've got to figure out, do I need to go back to the house that I was at, where 399 00:24:24.560 --> 00:24:28.680 I created the original work or where the experience happens so that I have that experience so 400 00:24:28.680 --> 00:24:31.200 now I can follow up? 401 00:24:31.200 --> 00:24:33.320 Or do I need to take some time off of this? 402 00:24:33.320 --> 00:24:34.840 Like they have to figure that out. 403 00:24:34.840 --> 00:24:41.560 So you've got to be careful when you work with a publisher on that schedule to see whether 404 00:24:41.560 --> 00:24:46.280 or not that is adjustable, or if they're going to decrease your compensation based on that. 405 00:24:46.280 --> 00:24:50.640 Because if they're going to decrease your compensation because you missed a date, that's 406 00:24:50.640 --> 00:24:55.800 a big problem because you're really subject to yourself. 407 00:24:55.800 --> 00:24:58.120 Like am I flowing? 408 00:24:58.120 --> 00:24:59.960 Like I can sit down and write a patent. 409 00:25:00.000 --> 00:25:03.520 in six hours, like there's not a lot of attorneys in the world 410 00:25:03.520 --> 00:25:07.680 that can do that. Okay, it's a very rare gift. But I've got to 411 00:25:07.680 --> 00:25:11.560 be in the mode. Because I've had times that I sat down 60 hours, 412 00:25:11.560 --> 00:25:14.320 and I can't write a patent, because I'm just not in the 413 00:25:14.320 --> 00:25:18.360 mode. It's not working. So for you, when you work with a 414 00:25:18.360 --> 00:25:21.000 publisher, and you have that schedule, and there's going to 415 00:25:21.000 --> 00:25:24.440 be a series, make sure there's some leeway for you and that 416 00:25:24.440 --> 00:25:28.280 your salary or your payment that you receive is not directly 417 00:25:28.280 --> 00:25:34.360 locked to an exact day. That may be hard to do. I just kind 418 00:25:34.360 --> 00:25:37.600 of warn you, it may be hard to do because publishers are 419 00:25:37.600 --> 00:25:41.520 thinking about marketing, they want to make their money back 420 00:25:41.520 --> 00:25:45.320 plus, right? So they know when they're going to hit the 421 00:25:45.320 --> 00:25:47.680 internet, when they're going to hit eBay, when they can hit 422 00:25:47.680 --> 00:25:51.040 Amazon, when they're going to hit, you know, whatever, when 423 00:25:51.040 --> 00:25:52.800 they're going to go to the bookstores, the few that 424 00:25:52.800 --> 00:25:56.240 actually exist anymore, right, they know they have that all 425 00:25:56.240 --> 00:26:02.640 scheduled. So just as a warning, in your legal language 426 00:26:02.640 --> 00:26:05.920 is determine whether or not your compensation is linked to a 427 00:26:05.920 --> 00:26:09.040 specific date. And if so, see if you can get some leeway. 428 00:26:09.400 --> 00:26:13.200 Because I've just seen too many times writers get these writer 429 00:26:13.200 --> 00:26:16.120 blocks, and they're not delivering. And now they're two 430 00:26:16.120 --> 00:26:18.800 weeks from the deadline, and they got like 300 pages to 431 00:26:18.800 --> 00:26:23.120 write, and they're freaking out. And I'm sorry, when you're 432 00:26:23.120 --> 00:26:28.000 freaking out, it's really hard to write. You're not in the 433 00:26:28.000 --> 00:26:30.840 mood, you're not in that mode. So does that help, Chris? 434 00:26:32.120 --> 00:26:35.240 Yeah, it was very helpful. I'm gonna be probably self 435 00:26:35.240 --> 00:26:39.840 publishing. So I think okay, so you're fine, then. Yeah, but it 436 00:26:39.840 --> 00:26:42.760 just kind of puts me in the right frame of just how I'm 437 00:26:42.760 --> 00:26:44.880 going to drop everything and just a little extras I'm going 438 00:26:44.880 --> 00:26:45.920 to put in there. So 439 00:26:46.480 --> 00:26:49.920 just make sure that since you're going to be self publishing, if 440 00:26:49.920 --> 00:26:52.560 you're referring to a series, that's that's very powerful for 441 00:26:52.560 --> 00:26:55.920 marketing purposes, right? And that you have a serious but 442 00:26:56.400 --> 00:27:01.760 remember that, that expectation has to be satisfied. Right? So 443 00:27:01.800 --> 00:27:05.400 one of the reasons why I don't announce, you know, my 444 00:27:05.400 --> 00:27:11.480 challenge in later in the year, five months beforehand, is 445 00:27:11.480 --> 00:27:13.360 because if I get somebody in that group five months 446 00:27:13.360 --> 00:27:15.680 beforehand, they're going to forget about everything by the 447 00:27:15.680 --> 00:27:18.240 time the challenge comes. I've got to put them into active 448 00:27:18.240 --> 00:27:22.520 campaigns and email after email after email and, and get them 449 00:27:22.560 --> 00:27:26.320 you know, to be excited about this again, and it becomes quite 450 00:27:26.320 --> 00:27:31.320 a bear for them and for me. Right. So for you, if you're 451 00:27:31.320 --> 00:27:34.680 building up that expectation, that next book should be coming 452 00:27:34.680 --> 00:27:39.040 out, like, if you can six to eight months, it should be out. 453 00:27:39.400 --> 00:27:42.040 You know, you shouldn't be three years, two years down the road, 454 00:27:42.080 --> 00:27:46.000 because that's not a series that's, you know, it's, it's a 455 00:27:46.000 --> 00:27:49.600 second book, but it's really like, a rebirth, you know, 456 00:27:50.600 --> 00:27:53.840 there's a series where you're like, bam, bam, now I want the 457 00:27:53.840 --> 00:27:56.960 next one, bam. Then there's like, Oh, yeah, do you remember 458 00:27:56.960 --> 00:27:59.400 that thing from a few years ago? Oh, yeah, I need to read that 459 00:27:59.400 --> 00:28:02.200 book to remember it. So I can get into the next book. That's 460 00:28:02.200 --> 00:28:03.120 very different. So 461 00:28:04.880 --> 00:28:05.560 Karen. 462 00:28:09.560 --> 00:28:10.480 Thank you. 463 00:28:10.880 --> 00:28:12.920 Hey, how are you? 464 00:28:13.160 --> 00:28:22.320 Good. Good. I have multiple copyrights. But I don't have 465 00:28:22.320 --> 00:28:26.440 any physical, you know, like hard copies. You know, like you 466 00:28:26.440 --> 00:28:29.120 said, there's like a certificate or a letter. I don't have any 467 00:28:29.120 --> 00:28:32.240 of that. So now it's making me wonder if I actually have the 468 00:28:32.240 --> 00:28:36.160 copyrights or if I've moved too many times and they didn't catch 469 00:28:36.160 --> 00:28:36.880 up with me. 470 00:28:37.080 --> 00:28:42.120 Well, what's let's, um, let's use an example. So you said you 471 00:28:42.120 --> 00:28:44.120 have multiple copyrights, but you don't have anything 472 00:28:44.120 --> 00:28:46.880 physical. Do you mean you filed for copyright with the copyright 473 00:28:46.880 --> 00:28:51.640 office and never got a document? Okay, gotcha. Perfect. So what I 474 00:28:51.640 --> 00:28:54.200 would do is I would call the copyright office. And I would 475 00:28:54.200 --> 00:29:00.440 say, Hey, hello, like, I need my certificate. Like, I'd like you 476 00:29:00.440 --> 00:29:04.720 to mail me my certificate. Now. I don't know if this happened or 477 00:29:04.720 --> 00:29:08.040 not, I would have to check with my paralegal. Maybe I'll check 478 00:29:08.040 --> 00:29:09.960 with her and I'll ask her and then I'll let you guys know 479 00:29:10.000 --> 00:29:15.280 tomorrow. Okay. The copyright office and the USPTO changed a 480 00:29:15.280 --> 00:29:19.200 number of things. They went like the USPTO went purely 481 00:29:19.200 --> 00:29:23.920 electronic, meaning they didn't mail stuff out anymore. Right? 482 00:29:23.920 --> 00:29:27.440 So with with COVID, they didn't want to deal with touching 483 00:29:27.480 --> 00:29:30.960 things and all the potential liabilities. And so they went 484 00:29:30.960 --> 00:29:36.040 purely electronic. So I'm not surprised to hear that you don't 485 00:29:36.040 --> 00:29:40.520 have a certificate. I think you can actually if I recall 486 00:29:40.520 --> 00:29:44.600 correctly, I believe you can actually when you file you 487 00:29:44.600 --> 00:29:47.560 automatically get one but I believe you have you may have to 488 00:29:47.560 --> 00:29:51.880 pay like a small fee to have them mail it to you now. Because 489 00:29:51.920 --> 00:29:56.640 of the whole COVID thing, they decided to shut things down. And 490 00:29:56.640 --> 00:29:59.360 so you would think they would do digital then. 491 00:30:00.000 --> 00:30:03.040 That would be so right. I mean, you should have a digital 492 00:30:03.040 --> 00:30:06.000 certificate of some sort. Let me talk to my paralegal. I'll talk 493 00:30:06.000 --> 00:30:08.920 to her and I'll ask her because she she takes care of a lot of 494 00:30:08.920 --> 00:30:14.160 those filings. And, and I'm kind of curious myself as to whether 495 00:30:14.160 --> 00:30:19.240 or not whether or not they went pure electronic, like the USPTO 496 00:30:19.280 --> 00:30:22.220 where you don't get, you know, we used to actually get these 497 00:30:22.240 --> 00:30:26.520 envelopes. Oh, my gosh, like, every Monday, we'd have dozens 498 00:30:26.520 --> 00:30:29.280 of these envelopes. Now you got to open them. And there's like 499 00:30:29.280 --> 00:30:31.840 20 pages of them. And it's an office action. And now you got 500 00:30:31.840 --> 00:30:35.240 to figure out which cases is associated with and then pull 501 00:30:35.240 --> 00:30:38.160 the file from the shelf. And then, and when you've got 502 00:30:38.160 --> 00:30:41.960 thousands of cases, that's a pain. So when they went 503 00:30:41.960 --> 00:30:46.720 electronic, oh, it's so perfect. Like my paralegals just love it. 504 00:30:46.720 --> 00:30:50.920 My administrative assistant loves it. They just go, they 505 00:30:50.920 --> 00:30:54.040 drag it over to the folder, let it go. And it's right there. And 506 00:30:54.040 --> 00:30:59.000 they're like, all done. So but in your situation of you, you 507 00:30:59.000 --> 00:31:02.000 should be able to have something that you can send to 508 00:31:02.000 --> 00:31:05.560 the other party, because you don't want to just send like 509 00:31:05.560 --> 00:31:09.400 your serial number. Right? Because that because you want 510 00:31:09.400 --> 00:31:11.520 them to be able to see it, you know, there's a much bigger 511 00:31:11.520 --> 00:31:14.960 effect. And along the lines of what you were saying there, let 512 00:31:14.960 --> 00:31:17.040 me just kind of talk for a second here about cease and 513 00:31:17.040 --> 00:31:19.640 desist. All right. Because this is really important for 514 00:31:19.640 --> 00:31:23.080 everybody to, to understand because I don't want anybody 515 00:31:23.080 --> 00:31:26.880 getting into trouble here. All right, cease and desist. Here's 516 00:31:26.880 --> 00:31:32.400 a big thing on cease and desist. Somebody infringes your 517 00:31:32.560 --> 00:31:36.920 copyright, or your trademark, or your patent, and you're mad. 518 00:31:37.440 --> 00:31:41.120 Right? Grr, I spent all this time and money working on this. 519 00:31:41.120 --> 00:31:45.320 Like, you can't do that. That's bad. I absolutely agree with 520 00:31:45.320 --> 00:31:47.960 you. It is bad. They can't do it. Absolutely. But here's the 521 00:31:47.960 --> 00:31:51.720 thing. If you send them a notice letter that says, you're 522 00:31:51.720 --> 00:31:54.880 committing patent infringement, I'm going to sue you unless you 523 00:31:54.880 --> 00:32:00.280 stop using this. They now are in this is why you need lawyers. 524 00:32:00.320 --> 00:32:03.000 Like, don't just go doing this on your own. Okay, talk to your 525 00:32:03.000 --> 00:32:09.440 attorneys. Okay. They now have a strong suspicion or expectation 526 00:32:09.480 --> 00:32:13.680 that you're going to sue them. All right. If a party believes 527 00:32:13.680 --> 00:32:17.960 that you are going to sue them, they can file what's called a 528 00:32:17.960 --> 00:32:24.200 declaratory judgment action against you. What that means is 529 00:32:24.360 --> 00:32:26.800 you are going to be the plaintiff, you are going to 530 00:32:26.800 --> 00:32:30.160 assert your rights against them. You just became the defendant. 531 00:32:31.280 --> 00:32:34.200 What they did was they filed a complaint against you with the 532 00:32:34.200 --> 00:32:38.400 court asking the court to render a decision saying that your case 533 00:32:38.440 --> 00:32:43.600 is garbage and should be thrown out. But now you just switch 534 00:32:43.640 --> 00:32:47.680 like you change positions. So now instead of being the 535 00:32:47.680 --> 00:32:50.480 plaintiff in front of the court appealing to the court saying 536 00:32:50.480 --> 00:32:55.920 your honor, such and such took this, here's my proof. You know, 537 00:32:55.920 --> 00:32:58.720 here's my document showing my certification on my 538 00:32:58.720 --> 00:33:04.200 registration. You now are on defense. Now the other party is 539 00:33:04.200 --> 00:33:06.760 going to the judge saying your honor such and such threatened 540 00:33:06.760 --> 00:33:09.640 me this way and they were going to file a lawsuit. So I filed a 541 00:33:09.640 --> 00:33:12.600 DJ action against them because they shouldn't have rights to 542 00:33:12.600 --> 00:33:15.640 that trademark anyway, because it's merely descriptive. It's 543 00:33:15.640 --> 00:33:19.440 just describing a red door. So how in the world did they get a 544 00:33:19.440 --> 00:33:23.400 trademark on a door that's red? Doesn't make sense. They never 545 00:33:23.400 --> 00:33:26.480 should have gotten that. So your honor, we're filing a declaratory 546 00:33:26.480 --> 00:33:29.800 judgment against them. Now you're the defendant in 547 00:33:29.800 --> 00:33:37.800 litigation. That's not fun. You don't want that. So for that 548 00:33:37.800 --> 00:33:42.480 reason, if you believe somebody is infringing, you're going to 549 00:33:42.480 --> 00:33:48.040 call an attorney. Okay, make sure to do diligence is done. 550 00:33:48.680 --> 00:33:51.520 Make sure they don't have a right before you. They don't 551 00:33:51.520 --> 00:33:56.880 have what's called a preemptive right. All right. Go back to the 552 00:33:56.880 --> 00:34:01.640 example I gave you in trademark law. In trademark law, I showed 553 00:34:01.640 --> 00:34:05.680 you that you could have a mom and pop shop using the name 554 00:34:05.680 --> 00:34:11.199 McDonald's for burgers. And all of a sudden this big company 555 00:34:11.199 --> 00:34:15.280 says, man, we should use the name McDonald's. All right, 556 00:34:15.440 --> 00:34:18.520 let's start using that. And they started using that and they get 557 00:34:18.520 --> 00:34:20.880 bigger and they get bigger and they get bigger. And they're 558 00:34:20.880 --> 00:34:24.440 using it all over and they file for federal registration for the 559 00:34:24.440 --> 00:34:28.440 trademark and they get it. Then they go back to the mom and pop 560 00:34:28.440 --> 00:34:31.920 shop. They say, hey, you're committing trademark 561 00:34:31.920 --> 00:34:35.920 infringement. Now imagine if they did that with a cease and 562 00:34:35.920 --> 00:34:41.239 desist letter. If you don't stop using the name McDonald's I'm 563 00:34:41.239 --> 00:34:46.120 going to sue you. What can the mom and pop shop do now? They've 564 00:34:46.120 --> 00:34:50.639 been using it more than one year prior to the other guys. McDonald's 565 00:34:50.639 --> 00:34:55.040 just came into their geographical region. You know, 566 00:34:55.040 --> 00:34:59.600 I'm in like Daytona, Florida, making my burgers McDonald's all 567 00:34:59.600 --> 00:35:00.040 of a sudden 568 00:35:00.000 --> 00:35:03.400 Excuse me, I've been using it for five years. 569 00:35:03.400 --> 00:35:04.640 You know what I can do? 570 00:35:04.640 --> 00:35:05.940 I can sue McDonald's. 571 00:35:07.040 --> 00:35:09.380 McDonald's is in my geographical region. 572 00:35:09.380 --> 00:35:13.360 Under common law, I have rights already for trademarks. 573 00:35:13.360 --> 00:35:17.320 McDonald's is infringing upon my rights. 574 00:35:17.320 --> 00:35:19.080 So now McDonald's who thought, 575 00:35:19.080 --> 00:35:20.600 hey, I'm gonna boss everybody around, 576 00:35:20.600 --> 00:35:22.560 now they're actually a defendant. 577 00:35:22.560 --> 00:35:25.500 That's an actual case that happened, what I just told you. 578 00:35:25.500 --> 00:35:26.720 That really did happen. 579 00:35:27.780 --> 00:35:29.640 Okay, it wasn't in that state, 580 00:35:29.660 --> 00:35:33.380 but there's a little mom and pop shop called McDonald's 581 00:35:34.860 --> 00:35:37.580 and McDonald's tried to go after them. 582 00:35:37.580 --> 00:35:38.420 Didn't work. 583 00:35:39.580 --> 00:35:42.020 So you gotta be careful when you're shooting out 584 00:35:42.020 --> 00:35:43.780 these missiles at other people saying, 585 00:35:43.780 --> 00:35:45.880 you're infringing, I'm gonna take you out. 586 00:35:45.880 --> 00:35:47.940 Make sure you're not infringing upon them 587 00:35:48.820 --> 00:35:50.300 because at the end of the day, 588 00:35:50.300 --> 00:35:51.580 you could end up in court 589 00:35:51.580 --> 00:35:54.220 because you're threatening people, right? 590 00:35:55.220 --> 00:35:56.700 So just be careful. 591 00:35:56.700 --> 00:35:57.780 I'm gonna call on Heather 592 00:35:57.800 --> 00:36:00.840 because Heather has not asked any questions before. 593 00:36:00.840 --> 00:36:03.720 So I'm gonna call on Heather first. 594 00:36:03.720 --> 00:36:04.800 Hey, how are you? 595 00:36:04.800 --> 00:36:05.640 Hi. 596 00:36:05.640 --> 00:36:07.000 Hi. 597 00:36:07.000 --> 00:36:07.960 Thank you so much. 598 00:36:07.960 --> 00:36:08.800 I appreciate it. 599 00:36:08.800 --> 00:36:10.880 It's really good to be a part of this call today. 600 00:36:10.880 --> 00:36:12.560 Thank you so much. 601 00:36:12.560 --> 00:36:13.820 I have a couple of questions, 602 00:36:13.820 --> 00:36:15.560 but I don't know how much time we have here. 603 00:36:15.560 --> 00:36:17.840 So I may have to ask the second one later 604 00:36:17.840 --> 00:36:22.400 because they're two kind of completely different. 605 00:36:22.400 --> 00:36:25.500 And you can tell me which one is more applicable to today. 606 00:36:25.500 --> 00:36:29.200 And just something that you said today 607 00:36:29.200 --> 00:36:31.680 triggered this actual thought. 608 00:36:31.680 --> 00:36:35.400 And I do have an investigator going on this already. 609 00:36:35.400 --> 00:36:40.400 I had an ex-husband who started an Instagram account on me 610 00:36:40.760 --> 00:36:43.780 and he was using it without my permission. 611 00:36:45.320 --> 00:36:47.140 What do you mean by on you? 612 00:36:47.140 --> 00:36:48.200 It's about you? 613 00:36:48.200 --> 00:36:49.020 Oh, yes. 614 00:36:49.020 --> 00:36:50.580 It was directly pictures of me. 615 00:36:52.560 --> 00:36:53.760 Yeah. 616 00:36:53.760 --> 00:36:54.680 Okay. 617 00:36:54.700 --> 00:36:55.540 So yeah. 618 00:36:55.540 --> 00:36:59.060 And I found out about it through a third party people 619 00:36:59.060 --> 00:37:00.740 that found the site. 620 00:37:00.740 --> 00:37:03.780 Were they pictures that you took or that he took? 621 00:37:03.780 --> 00:37:05.460 That he took. 622 00:37:05.460 --> 00:37:06.700 Okay. 623 00:37:06.700 --> 00:37:07.580 Yeah. 624 00:37:07.580 --> 00:37:12.020 And so I have no idea really exactly what was posted. 625 00:37:12.020 --> 00:37:15.380 I have found a couple of people that have found the site. 626 00:37:15.380 --> 00:37:17.860 So I'm going to be talking with them about that. 627 00:37:18.740 --> 00:37:21.420 One of the things that I had forgotten about actually 628 00:37:21.420 --> 00:37:24.880 was he did not, in doing this, 629 00:37:24.880 --> 00:37:29.280 he had not been careful 630 00:37:29.280 --> 00:37:31.400 with all of these copyright laws as well. 631 00:37:31.400 --> 00:37:32.240 Just a second. 632 00:37:33.560 --> 00:37:38.060 And I saw my picture on different people, 633 00:37:38.060 --> 00:37:40.440 on different advertising. 634 00:37:40.440 --> 00:37:42.440 And I was like, what is going on? 635 00:37:44.520 --> 00:37:45.360 Yeah. 636 00:37:45.360 --> 00:37:47.060 So there's a number of things. 637 00:37:48.600 --> 00:37:49.440 There's a number of things here. 638 00:37:49.440 --> 00:37:50.400 There's copyright issues, 639 00:37:50.400 --> 00:37:53.180 but there's also privacy law issues. 640 00:37:54.100 --> 00:37:55.180 So you want to, 641 00:37:55.180 --> 00:37:57.100 what I would do is I would reach out to an attorney 642 00:37:57.100 --> 00:37:58.740 who deals with privacy law. 643 00:37:58.740 --> 00:38:00.740 That's the first thing I would do. 644 00:38:00.740 --> 00:38:01.580 Okay. 645 00:38:01.580 --> 00:38:03.820 Because there's certain expectation of privacy, 646 00:38:03.820 --> 00:38:06.420 but then, so it depends upon what the form 647 00:38:06.420 --> 00:38:08.660 and what's the pictures taken. 648 00:38:08.660 --> 00:38:12.620 There's also, there's a whole number of things. 649 00:38:12.620 --> 00:38:15.660 Like if he's doing, this is not legal advice, 650 00:38:15.660 --> 00:38:16.500 just to be clear. 651 00:38:16.500 --> 00:38:17.320 I'm not giving you any advice. 652 00:38:17.320 --> 00:38:18.160 Yes, I understand. 653 00:38:19.140 --> 00:38:20.620 You're just pointing me in the right direction. 654 00:38:20.620 --> 00:38:21.460 And I appreciate that. 655 00:38:21.460 --> 00:38:22.280 I will join all of you. 656 00:38:22.280 --> 00:38:23.420 God knows I needed it. 657 00:38:23.420 --> 00:38:27.260 I didn't understand about how to protect myself for years. 658 00:38:27.260 --> 00:38:28.560 Yeah, I would look for an attorney 659 00:38:28.560 --> 00:38:29.820 who understands privacy law. 660 00:38:29.820 --> 00:38:30.820 That's the first thing I would do. 661 00:38:30.820 --> 00:38:31.660 Okay. 662 00:38:31.660 --> 00:38:32.480 That's a tort. 663 00:38:32.480 --> 00:38:34.300 They should be able to look up privacy law for you 664 00:38:34.300 --> 00:38:36.980 and give you some guidance on that. 665 00:38:36.980 --> 00:38:37.820 That's part one. 666 00:38:37.820 --> 00:38:39.260 If any of the images are yours, 667 00:38:39.260 --> 00:38:42.540 then obviously you can look at copyright issues, right? 668 00:38:42.540 --> 00:38:44.220 So if not, if they're of you, 669 00:38:44.220 --> 00:38:46.360 but were they pictures that you took 670 00:38:46.380 --> 00:38:49.700 where you own the rights, in which case, 671 00:38:49.700 --> 00:38:52.420 you know, if somebody, if I have my, 672 00:38:52.420 --> 00:38:53.740 like my camera here, right? 673 00:38:53.740 --> 00:38:56.220 So I've got a Samsung, 674 00:38:56.220 --> 00:39:00.020 I've got a Samsung S20 Ultra, right? 675 00:39:00.020 --> 00:39:01.860 It takes really good pictures. 676 00:39:01.860 --> 00:39:05.480 So if I take as an example, here's a picture. 677 00:39:07.260 --> 00:39:08.100 There you go. 678 00:39:08.100 --> 00:39:09.300 I don't know if you guys will be able to see it on here. 679 00:39:09.300 --> 00:39:10.220 There's a picture, right? 680 00:39:10.220 --> 00:39:11.060 That's a sunset. 681 00:39:11.060 --> 00:39:12.020 Oh, it's gorgeous. 682 00:39:12.020 --> 00:39:12.860 At my house, right? 683 00:39:12.860 --> 00:39:14.820 That's, it's just such a blessing. 684 00:39:14.820 --> 00:39:16.180 I love that picture, right? 685 00:39:17.000 --> 00:39:18.560 That's on my camera, okay? 686 00:39:18.560 --> 00:39:19.520 I took that picture, 687 00:39:19.520 --> 00:39:24.240 which means it's my copyrightable work, okay? 688 00:39:24.240 --> 00:39:27.600 Now, if you took the picture and he takes your phone 689 00:39:27.600 --> 00:39:29.280 and then he goes and, you know, 690 00:39:29.280 --> 00:39:32.760 or whoever takes your phone and then starts distributing 691 00:39:32.760 --> 00:39:34.400 and doing stuff like that, 692 00:39:34.400 --> 00:39:35.720 they could be a copyright issue there 693 00:39:35.720 --> 00:39:39.960 because it's your work on your device, right? 694 00:39:39.960 --> 00:39:41.320 But if they took the picture, 695 00:39:41.320 --> 00:39:43.320 then I'd be looking at privacy law. 696 00:39:43.320 --> 00:39:45.280 I'd be looking into that issue. 697 00:39:45.300 --> 00:39:48.540 Then separately, if somebody's speaking negative things 698 00:39:48.540 --> 00:39:53.180 about me, you know, now you're looking at any spoken lies 699 00:39:53.180 --> 00:39:55.660 and how that's actually affecting you personally. 700 00:39:55.660 --> 00:39:58.700 Like, I'll just say myself, I use myself as an example. 701 00:39:58.700 --> 00:39:59.940 I don't, cause I'm not. 702 00:40:00.800 --> 00:40:03.720 Yeah, I don't want to kind of like, say that I'm giving you 703 00:40:03.720 --> 00:40:07.800 legal advice on this. I'll use myself as the example. Okay. So 704 00:40:08.000 --> 00:40:12.960 somebody takes my phone, takes my pictures, post my pictures in 705 00:40:12.960 --> 00:40:15.840 a certain derogatory way. The way I'm going to look at this is 706 00:40:15.840 --> 00:40:18.920 I'm going to say number one was my fault on my phone. That's 707 00:40:18.920 --> 00:40:24.000 potential copyright issues. Number two, were those pictures, 708 00:40:24.020 --> 00:40:27.840 you know, if they were taken by them, in a privacy set in a 709 00:40:27.840 --> 00:40:30.420 private setting where I had an expectation of privacy, that's 710 00:40:30.420 --> 00:40:34.320 another issue. Separate from that, are they putting me in a 711 00:40:34.320 --> 00:40:36.920 false light that's having a detrimental effect on me 712 00:40:36.920 --> 00:40:42.400 personally? I mean, my job, like meaning like my, you know, my 713 00:40:42.400 --> 00:40:45.920 family members, my kids, my whatever, right? So there's 714 00:40:45.960 --> 00:40:49.280 spoken lies, and then there's written lies. Written lies are 715 00:40:49.280 --> 00:40:53.640 called libel. Spoken lies are called slander. Right? So I'd be 716 00:40:53.640 --> 00:40:56.400 looking for myself, I'd be looking in the area of like 717 00:40:56.400 --> 00:40:59.600 libel, you know, because there's that they've written 718 00:40:59.600 --> 00:41:02.280 lies, or they put them in a false light, all these things, 719 00:41:02.280 --> 00:41:05.360 a good attorney should look at all these things, put them all 720 00:41:05.360 --> 00:41:08.360 together, create a package and set a nasty ground to this 721 00:41:08.920 --> 00:41:14.320 wonderful individual. They cut it out, and pull everything off 722 00:41:14.360 --> 00:41:19.840 now. Now, if these things, if these things were like I was in 723 00:41:19.840 --> 00:41:22.480 public settings, when people just took pictures of me, I 724 00:41:22.480 --> 00:41:25.760 can't do anything about that public setting. You know, it's 725 00:41:25.760 --> 00:41:28.200 just it's just, I can't do anything. But if they're saying 726 00:41:28.200 --> 00:41:30.280 lies about me, and it's affecting me, then I might have 727 00:41:30.280 --> 00:41:31.280 something that's actionable. 728 00:41:32.000 --> 00:41:35.240 Well, actually, it was done while we were married. And it 729 00:41:35.240 --> 00:41:39.360 wasn't derogatory. He was using it to build a following, which 730 00:41:39.360 --> 00:41:44.120 he got it over 100,000. And then he was making money popular. 731 00:41:44.800 --> 00:41:48.040 Yeah, I was. I was at one point, 732 00:41:48.480 --> 00:41:50.680 what I would say for you, honestly, though, is talk to an 733 00:41:50.680 --> 00:41:53.640 attorney, because they need to look at your exact scenario. And 734 00:41:53.640 --> 00:41:58.360 they need to see he took it. Okay, thank you. So you're 735 00:41:58.360 --> 00:42:00.760 saying that it was your site, and he took your site? 736 00:42:01.520 --> 00:42:06.600 No, he created it. He created locked me from viewing it. And 737 00:42:06.600 --> 00:42:08.840 then in the divorce, he took it. 738 00:42:10.680 --> 00:42:14.480 Yeah, attorney, attorney, but when you talk to the attorney, 739 00:42:14.480 --> 00:42:17.960 ask them, do you understand privacy law? Do you understand 740 00:42:17.960 --> 00:42:21.520 liable? They don't understand what those words mean. So thank 741 00:42:21.520 --> 00:42:26.480 you very much. Have a nice day. Okay, that's, that's it. You 742 00:42:26.480 --> 00:42:29.360 need privacy law and you need liable. They need to understand 743 00:42:29.360 --> 00:42:32.760 how those things work. They don't get it. Then, you know, 744 00:42:32.840 --> 00:42:35.400 they're not gonna, those are kind of nuances that are really 745 00:42:35.400 --> 00:42:38.000 help you out a lot. Jenny, I don't think I've answered a 746 00:42:38.000 --> 00:42:40.040 question for you. Does that help you out, Heather? 747 00:42:40.200 --> 00:42:41.760 Yes, thank you so much. 748 00:42:41.800 --> 00:42:44.800 Absolutely. I hope things work out for you. 749 00:42:45.360 --> 00:42:46.000 I'll let you know. 750 00:42:46.280 --> 00:42:49.640 I love your like how energetic and you know, happy you are just 751 00:42:50.160 --> 00:42:53.640 thank you. Absolutely. Jenny, I don't think I've answered a 752 00:42:53.640 --> 00:42:54.480 question for you before. 753 00:42:54.520 --> 00:42:59.840 Okay. Hey, Peter. One late person to another. I'm pretty 754 00:42:59.840 --> 00:43:00.480 slight girl. 755 00:43:00.880 --> 00:43:05.560 Oh my god. Yes. Yes. I saw your email. Yes. So you're posting. 756 00:43:05.560 --> 00:43:06.440 Yeah. Yeah. 757 00:43:06.920 --> 00:43:11.840 Yes. Yes. So I wrote this book as a personal memory memorabilia, 758 00:43:12.080 --> 00:43:14.720 which later I just thought it was going to be for the family. 759 00:43:14.720 --> 00:43:19.480 But I decided to publish it. I self published. Okay. On 760 00:43:19.800 --> 00:43:24.640 the Amazon money. And so I it's getting a little more popular. 761 00:43:24.680 --> 00:43:28.280 I'm starting to have more of a following of women who decided 762 00:43:28.280 --> 00:43:31.720 that they wanted to have a t shirt this year. And I thought 763 00:43:31.720 --> 00:43:34.880 it was gonna be simple. And it really wasn't because I showed 764 00:43:34.880 --> 00:43:37.640 this book to one of the local stores. And then pretty quick, 765 00:43:37.640 --> 00:43:41.000 they had a t shirt out saying they didn't have pre slate girl 766 00:43:41.000 --> 00:43:47.280 exactly, but it was really close. And so they use Lake Life 767 00:43:47.280 --> 00:43:53.280 girl. Yeah, yeah. Okay. So I don't know. And you're what is 768 00:43:53.280 --> 00:43:58.600 yours? Again? priest like girl. Yeah. Okay. I don't think 769 00:43:58.600 --> 00:44:01.120 anybody would ever be able to own rights to late girl in 770 00:44:01.120 --> 00:44:03.400 general. So it really is the rest of it that's going to be 771 00:44:03.400 --> 00:44:08.360 important. I know late girl has been established like in 2004. 772 00:44:08.360 --> 00:44:11.600 And they have really popular. In fact, I'm wearing their 773 00:44:11.600 --> 00:44:16.320 sweatshirt right now. But I wasn't sure if priest like girl 774 00:44:16.320 --> 00:44:20.360 was a generic term because of location or if that was 775 00:44:20.360 --> 00:44:24.560 something that I I'm putting a TM on my t shirt just so that it 776 00:44:24.560 --> 00:44:28.640 stops people because it's intellectual property in that 777 00:44:28.640 --> 00:44:34.720 it's it's aligned with this this book. Yeah. Yeah. So what's your 778 00:44:34.720 --> 00:44:39.600 question? So my question is, I wasn't sure if I had any way to 779 00:44:39.600 --> 00:44:44.680 really talk to them. And and if my trademarks that I have on my 780 00:44:44.680 --> 00:44:49.120 second page of coffee, I mean, my copyright of 2019 have would 781 00:44:49.120 --> 00:44:51.400 have would have protected me in any way. 782 00:44:54.720 --> 00:44:58.080 Let's address the first one of what you said, which is 783 00:45:00.000 --> 00:45:01.780 contacting another party where you think 784 00:45:01.780 --> 00:45:03.620 that you may potentially need rights from them. 785 00:45:03.620 --> 00:45:05.300 Let me just kind of talk about that in general. 786 00:45:05.300 --> 00:45:06.140 Okay. 787 00:45:06.140 --> 00:45:09.180 Okay, because that's actually a really important issue 788 00:45:09.180 --> 00:45:11.720 that's going to pertain to everybody here. 789 00:45:11.720 --> 00:45:15.420 So let's say you do a trademark search, right? 790 00:45:15.420 --> 00:45:17.100 Or you do a patent search. 791 00:45:17.100 --> 00:45:18.900 Patent search is actually a better example 792 00:45:18.900 --> 00:45:22.860 because it's more common that people will license patents 793 00:45:22.860 --> 00:45:23.700 than trademarks. 794 00:45:23.700 --> 00:45:26.900 Trademarks, to license a trademark, 795 00:45:26.900 --> 00:45:29.540 you have to monitor the use. 796 00:45:29.540 --> 00:45:31.180 You have to make sure that the goodwill 797 00:45:31.180 --> 00:45:33.100 is lined up with the way that you do it. 798 00:45:33.100 --> 00:45:36.540 So meaning, like, if you have the trademark for Nike, 799 00:45:36.540 --> 00:45:38.900 somebody, and somebody gets the license 800 00:45:38.900 --> 00:45:40.220 and then they use it for bowling balls, 801 00:45:40.220 --> 00:45:41.820 they're not really related to sneakers. 802 00:45:41.820 --> 00:45:43.900 So that's a problem. 803 00:45:43.900 --> 00:45:46.340 They have to use it on similar goods. 804 00:45:46.340 --> 00:45:49.500 It needs to be maintained, the quality the same, 805 00:45:49.500 --> 00:45:51.060 costs right around the same. 806 00:45:51.060 --> 00:45:53.660 So there's no confusion in the public side. 807 00:45:53.660 --> 00:45:57.620 So let's say you do a search and in your search, 808 00:45:57.620 --> 00:46:01.300 you find somebody owns a trademark 809 00:46:01.300 --> 00:46:03.740 that's very similar to what you want to use. 810 00:46:03.740 --> 00:46:06.260 So you say to yourself, man, you know, 811 00:46:09.100 --> 00:46:10.580 I want to use that trademark, right? 812 00:46:10.580 --> 00:46:11.820 Like I've been using, 813 00:46:11.820 --> 00:46:14.140 let's say I've been using for four years 814 00:46:14.140 --> 00:46:17.500 and now I want to go out there 815 00:46:17.500 --> 00:46:19.820 and file a federal registration. 816 00:46:19.820 --> 00:46:22.600 And so I do a search and I find out, oh my gosh, 817 00:46:22.600 --> 00:46:25.580 that exact name is owned by somebody else. 818 00:46:25.580 --> 00:46:28.420 You got to do an assessment at that point. 819 00:46:28.420 --> 00:46:31.980 You got to determine, and I call, when I call this person, 820 00:46:31.980 --> 00:46:32.980 is that person going to go, 821 00:46:32.980 --> 00:46:35.480 thank you for telling me that you now owe me money. 822 00:46:37.300 --> 00:46:39.320 Not everybody has a good heart. 823 00:46:39.320 --> 00:46:42.220 I'm just making it clear, okay? 824 00:46:42.220 --> 00:46:45.860 Not everybody says, oh, what a welcome opportunity. 825 00:46:45.860 --> 00:46:47.240 Maybe we can work together 826 00:46:47.240 --> 00:46:49.500 and enter into the market together. 827 00:46:49.500 --> 00:46:52.940 Some people are just like, get off my lawn. 828 00:46:52.940 --> 00:46:55.620 Like, take your dog, get off my lawn. 829 00:46:55.620 --> 00:46:58.140 Like, don't even come close to my lawn, right? 830 00:46:58.140 --> 00:47:00.140 There are people like that. 831 00:47:00.140 --> 00:47:01.620 Now there's other people that say, 832 00:47:01.620 --> 00:47:04.920 leave your dog and get off my lawn, all right? 833 00:47:04.920 --> 00:47:07.300 And that unfortunately happens. 834 00:47:07.300 --> 00:47:12.020 It's mean, it's nasty, but that's what can happen 835 00:47:12.020 --> 00:47:13.940 if you don't understand what you're doing 836 00:47:13.940 --> 00:47:16.220 when you call another person to ask them 837 00:47:16.220 --> 00:47:17.680 whether or not you can obtain rights 838 00:47:17.680 --> 00:47:19.600 to what they provide, all right? 839 00:47:19.600 --> 00:47:20.980 So one thing that I would do 840 00:47:20.980 --> 00:47:24.340 before I ever call another party and say, 841 00:47:24.340 --> 00:47:27.780 hey, I noticed that you had these rights 842 00:47:27.780 --> 00:47:31.000 for quite some time and guess what? 843 00:47:31.000 --> 00:47:32.940 I've been using them for the last four years. 844 00:47:32.940 --> 00:47:34.900 Like, I wouldn't do that. 845 00:47:34.900 --> 00:47:36.540 I wouldn't go down that route. 846 00:47:36.540 --> 00:47:39.220 The first thing I would do is I do some research 847 00:47:39.220 --> 00:47:40.580 on the company to see if they're using 848 00:47:40.580 --> 00:47:42.420 that trademark aggressively. 849 00:47:42.420 --> 00:47:44.020 If they are, chances are very low 850 00:47:44.020 --> 00:47:46.020 that they're going to license it to me, all right? 851 00:47:46.020 --> 00:47:47.380 If they're barely using it, 852 00:47:47.380 --> 00:47:49.220 then I might reach out to the other party and say, 853 00:47:49.220 --> 00:47:53.100 hey, I've got some interest in using this trademark 854 00:47:53.100 --> 00:47:55.460 or in using the technology of this patent. 855 00:47:55.460 --> 00:47:58.180 Is it possible to either get permission from you 856 00:47:58.180 --> 00:48:00.000 or to get a license from you? 857 00:48:00.000 --> 00:48:02.740 Because I noticed you have certain IP rights, right? 858 00:48:02.740 --> 00:48:04.260 I wouldn't go out there disclosing, 859 00:48:04.260 --> 00:48:06.340 hey, I've been using it for four years. 860 00:48:06.340 --> 00:48:08.580 Nope, would not say that. 861 00:48:08.580 --> 00:48:09.820 But here's the other thing. 862 00:48:09.820 --> 00:48:12.540 The second you reach out to the other party, 863 00:48:12.540 --> 00:48:13.740 they now know your name. 864 00:48:14.660 --> 00:48:17.020 They're now going to do research on you. 865 00:48:17.020 --> 00:48:19.460 So chances are very high they're going to find out 866 00:48:19.460 --> 00:48:24.060 what you're doing because you called them, right? 867 00:48:24.060 --> 00:48:27.100 So the second that you call them, 868 00:48:28.540 --> 00:48:32.100 it's not like a random, hi, 869 00:48:32.100 --> 00:48:34.700 your car warranty is about to expire. 870 00:48:34.700 --> 00:48:36.020 It's not one of those. 871 00:48:36.020 --> 00:48:39.140 It's like, this is a call you're going to listen to. 872 00:48:39.140 --> 00:48:41.900 And so because of that, they're going to do research on you. 873 00:48:41.900 --> 00:48:42.980 And if they do research on you, 874 00:48:42.980 --> 00:48:45.520 they may actually, they might sue you. 875 00:48:46.400 --> 00:48:50.480 So you need to do an assessment internally and say, okay, 876 00:48:50.480 --> 00:48:51.960 how long have I been using this? 877 00:48:51.960 --> 00:48:53.480 Oh, I've only been using it for a few months. 878 00:48:53.480 --> 00:48:55.760 Okay, well, if they get mad at me, 879 00:48:55.760 --> 00:48:58.240 damages are practically non-existent. 880 00:48:58.240 --> 00:49:01.240 Chances are very low that they're going to hire a lawyer 881 00:49:01.240 --> 00:49:02.160 to come after me 882 00:49:02.160 --> 00:49:04.480 because damages are practically non-existent. 883 00:49:04.480 --> 00:49:06.680 There's no money associated with this. 884 00:49:06.680 --> 00:49:09.240 So for that reason, I'm okay with calling them. 885 00:49:09.240 --> 00:49:10.920 But you need to do an analysis 886 00:49:10.920 --> 00:49:14.120 before you call another party and say to them, 887 00:49:14.120 --> 00:49:17.600 hey, I'm looking to license what you have. 888 00:49:17.600 --> 00:49:19.660 You need to figure out things 889 00:49:19.660 --> 00:49:21.000 before you make that phone call. 890 00:49:21.000 --> 00:49:22.400 Does that make sense, Jenny? 891 00:49:24.880 --> 00:49:26.320 It does. 892 00:49:26.320 --> 00:49:29.200 I think what, in the way it was, 893 00:49:29.200 --> 00:49:33.600 they saw what I had and they decided to use that, 894 00:49:33.600 --> 00:49:34.440 that kind of thing. 895 00:49:34.440 --> 00:49:37.280 So it wasn't, I've never seen it at the Lake before 896 00:49:37.280 --> 00:49:39.520 in that store that, you know, 897 00:49:39.520 --> 00:49:41.440 I haven't seen every t-shirt they've made either. 898 00:49:41.440 --> 00:49:42.880 So could have been there. 899 00:49:42.880 --> 00:49:44.720 What I would say is if you have a name 900 00:49:44.720 --> 00:49:46.480 that's kind of similar to another name 901 00:49:46.480 --> 00:49:47.760 that somebody else is using 902 00:49:47.760 --> 00:49:49.800 and there's a little concern 903 00:49:49.800 --> 00:49:52.000 towards trademark infringement, maybe, 904 00:49:52.000 --> 00:49:54.280 you know, you're like, oh, they're kind of close. 905 00:49:54.280 --> 00:49:56.800 I wonder if there's an issue here. 906 00:49:56.800 --> 00:49:59.400 The beauty of it is if you're both kind of like, 907 00:50:00.000 --> 00:50:02.920 Um, I think I will talk to this a little bit. 908 00:50:03.240 --> 00:50:07.640 If you're both kind of like cordial, like amicable and you're like, oh, 909 00:50:07.640 --> 00:50:11.120 I like the business you're doing. I'll support your business. You support mine. 910 00:50:11.120 --> 00:50:14.840 You know, we both can coexist. That's great. Um, that's beautiful. 911 00:50:14.920 --> 00:50:18.160 Make sure you get a written agreement. All right. 912 00:50:18.400 --> 00:50:19.560 Why did I say that? 913 00:50:20.160 --> 00:50:24.720 I have seen friends go at the throats of other friends when money comes 914 00:50:24.720 --> 00:50:27.000 involved. All right. 915 00:50:27.160 --> 00:50:31.720 I had a group of three individuals come into my office and the Boston office 916 00:50:32.280 --> 00:50:34.600 said, we wanted to start a company. 917 00:50:35.400 --> 00:50:37.560 One of them was an inventor on patents, 918 00:50:37.560 --> 00:50:41.360 which we're going to talk about tomorrow. Uh, and he was the brainiac. 919 00:50:41.520 --> 00:50:43.440 The other two was really good at marketing. 920 00:50:43.480 --> 00:50:47.280 And then the other one was really good at infrastructure and, um, and say, 921 00:50:47.280 --> 00:50:51.240 and sales and not sales and, um, um, manufacturing and stuff like that. 922 00:50:52.080 --> 00:50:54.040 So they made a good team. 923 00:50:54.680 --> 00:50:59.560 The inventor says, I want to keep the patents in my name, right? 924 00:51:00.120 --> 00:51:02.840 I red flagged it immediately. I said, guys, 925 00:51:03.480 --> 00:51:07.360 the one guy out of you three, your court, you're creating a corporation. 926 00:51:07.360 --> 00:51:12.040 You're having one guy of you three that owns all 927 00:51:12.040 --> 00:51:15.960 right to earn an interest to everything that the entire company depends upon. 928 00:51:16.600 --> 00:51:21.600 Bad idea, horrible idea. They're like, no, 929 00:51:21.600 --> 00:51:26.600 like we went to school together. Like, you know, we, we are best friends. 930 00:51:26.800 --> 00:51:30.800 Like, you know, I was like, I don't care. I don't care. You're best friends. 931 00:51:30.800 --> 00:51:33.400 She's like, I know their kids and their wives. And you know, 932 00:51:33.440 --> 00:51:38.840 we went to a barbecue. We went tuna fishing. I don't care that it 933 00:51:38.840 --> 00:51:42.040 doesn't there, there are no violence playing here for you. 934 00:51:42.640 --> 00:51:46.160 Because at the end of the day, when that company starts making 30 million, 935 00:51:46.160 --> 00:51:50.160 60 million, 70 million, that inventor is going to say, hold it. 936 00:51:51.920 --> 00:51:56.040 The entire background of this entire corporation came from my brain. 937 00:51:57.440 --> 00:51:59.640 Hold on a second. I should be paid more. 938 00:52:00.880 --> 00:52:02.400 And that's exactly what happened. 939 00:52:03.120 --> 00:52:07.920 That one individual Mark made a phone call to the other two and 940 00:52:07.920 --> 00:52:12.520 said, I'm leaving the value associated with my IP is so 941 00:52:12.520 --> 00:52:14.840 high and I own the patents. 942 00:52:14.880 --> 00:52:19.880 So I'm going to start another corporation with my IP and 943 00:52:19.880 --> 00:52:22.720 you guys can't use it anymore. Shut them down. 944 00:52:23.800 --> 00:52:27.720 So in your situation, Jenny, and I'm using this example for everybody, 945 00:52:27.760 --> 00:52:29.840 because some of you are just starting out, 946 00:52:29.840 --> 00:52:33.600 but some of you are growing like fast and God permitting, 947 00:52:33.600 --> 00:52:36.120 you'll continue to grow very fast. You know? I mean, 948 00:52:36.120 --> 00:52:38.360 I want you all to be highly successful. 949 00:52:38.720 --> 00:52:40.760 That's why I'm teaching you these things. 950 00:52:41.080 --> 00:52:45.960 So if you end up in a situation where another party is using 951 00:52:46.600 --> 00:52:49.640 a name and you're going to use a name and the party says, 952 00:52:50.080 --> 00:52:52.000 no, no, you're okay. You can use a name. 953 00:52:52.480 --> 00:52:56.880 You want to get a signed document. All right. 954 00:52:57.080 --> 00:53:01.480 Which is called a covenant not to sue. That's what it's called. 955 00:53:03.040 --> 00:53:05.880 It's called a covenant not to sue. Okay. 956 00:53:06.080 --> 00:53:08.360 It's essentially like a coexistence agreement, 957 00:53:08.720 --> 00:53:13.320 but the other party is not going to sue you. That is very important. 958 00:53:13.400 --> 00:53:18.440 That one document can save you an entire corporation. All right. 959 00:53:19.880 --> 00:53:23.560 So it was a really good opportunity to share that with you guys. 960 00:53:24.000 --> 00:53:28.440 So, yeah. So if they're okay with it and you're okay with it, you're like, 961 00:53:28.480 --> 00:53:30.520 oh, that's awesome. And there's another reason for it. 962 00:53:30.520 --> 00:53:33.720 It's not that they're just going to become some greedy idiots. 963 00:53:34.200 --> 00:53:38.120 What if they sell the company and somebody else buys the company? 964 00:53:38.160 --> 00:53:40.920 It's not the same nice people that you met. 965 00:53:41.400 --> 00:53:45.600 Now it's some other like young tycoon who came out of New York city, 966 00:53:45.600 --> 00:53:49.560 who's overly aggressive and says, why are you using that name? And you're like, 967 00:53:49.560 --> 00:53:53.400 oh, Alice and I had a really good agreement. He's like, I don't care. 968 00:53:54.960 --> 00:53:56.880 Like that's a violation of my trademark. 969 00:53:58.400 --> 00:54:02.560 And so now, or it's a violation of my copyright or whatever it is. Right. 970 00:54:02.880 --> 00:54:05.800 So amicable agreements are great, 971 00:54:05.800 --> 00:54:09.360 but get some kind of thing in writing to make sure they're not going to sue you. 972 00:54:09.960 --> 00:54:13.080 That's really important. Okay. Please. It's because I don't, 973 00:54:13.440 --> 00:54:16.240 I don't want you in a situation where you're calling me trying to get out of 974 00:54:16.800 --> 00:54:19.720 chaos, you know, and then it becomes difficult. 975 00:54:19.720 --> 00:54:23.000 Now there is an area of law called latches. I'm going to, 976 00:54:23.480 --> 00:54:27.040 I'm going to answer like maybe one or two questions and then we'll be done until 977 00:54:27.040 --> 00:54:31.640 tomorrow. So, um, there's a thing called latches. All right. 978 00:54:32.280 --> 00:54:33.600 Well, latches is, 979 00:54:34.160 --> 00:54:38.920 is if infringement has happened for like over five years going towards like that 980 00:54:38.920 --> 00:54:42.360 seven year mark, then, 981 00:54:42.400 --> 00:54:46.960 and the other party hasn't sued you, then the government says, well, hold it. 982 00:54:48.240 --> 00:54:51.800 If it's been more than seven years that you've been doing this thing and they've 983 00:54:51.800 --> 00:54:55.160 known about it, that's essentially the equivalent of permission. 984 00:54:57.080 --> 00:55:00.080 It's like, you've known about it. We've engaged. 985 00:55:00.000 --> 00:55:08.160 we've worked together and you haven't sued me yet now all of a sudden eight years into doing this 986 00:55:08.160 --> 00:55:12.640 so if they sell the company is the covenant not to sue still in hold it 987 00:55:14.880 --> 00:55:20.560 what does it say where's the chat my chat moved very fast right there that was a really good 988 00:55:20.560 --> 00:55:28.640 question and i want to see the question why can't i see the chat so if they sell the company 989 00:55:28.640 --> 00:55:34.560 is the covenant not to sue still enforceable yeah that's a great question so this is why 990 00:55:34.560 --> 00:55:40.720 you want the covenant not to sue attached to the company not to an individual so if 991 00:55:40.720 --> 00:55:47.600 if the company has the the asset and they sell the company to another 992 00:55:48.720 --> 00:55:51.280 then when they buy the company they're buying the company 993 00:55:52.240 --> 00:55:59.760 with all of the baggage they can't just all of a sudden say nah we're not going to obey any of the 994 00:55:59.760 --> 00:56:05.680 agreements like there's an agreement there with the company so that's something that it should 995 00:56:05.680 --> 00:56:10.800 extend are there situations where that might not happen yeah it's possible but most of the times 996 00:56:10.800 --> 00:56:16.800 it will extend all right let me does that help the okay what i just walked through so remember 997 00:56:16.800 --> 00:56:22.080 covenant not to sue i've also taught you about covenants not to compete and you already know 998 00:56:22.080 --> 00:56:27.840 about non-disclosure agreements okay use them effectively they're very powerful all right let 999 00:56:27.840 --> 00:56:34.800 me take one more question and then we'll close tomorrow we will go into more detail licia all 1000 00:56:34.800 --> 00:56:46.000 right we're gonna go with you go ahead go for it there we go um i'll be kind of quick um so i do a 1001 00:56:46.000 --> 00:56:54.640 lot of powerpoint presentations webinars speaking create programs like for organizations that's what 1002 00:56:54.640 --> 00:57:02.000 i'm going to be doing and so i'm assuming all that will go under copyright correct yeah but then any 1003 00:57:02.000 --> 00:57:07.360 of the logos that are on your material that could be trademarked any of the name you know if you 1004 00:57:07.360 --> 00:57:13.680 have like your if any of the materials that you're providing to others have have your entity name 1005 00:57:13.680 --> 00:57:21.280 that might be trademarked as well but predominantly copy like material that i'm going to give to 1006 00:57:21.280 --> 00:57:31.840 another party like write-ups powerpoints flow charts those are usually all going to fall under 1007 00:57:31.840 --> 00:57:41.200 copyright law so what about say i do a presentation i speak i'm in front of everybody i do a speaking 1008 00:57:41.200 --> 00:57:48.000 engagement and somebody records it and now they're putting it online do i have copyright 1009 00:57:48.000 --> 00:57:54.400 infringement that's copyright infringement so if i if that speech it's do i need to 1010 00:57:54.960 --> 00:58:00.320 copyright that particular speech like all right let me this is gonna this will be the last thing 1011 00:58:00.320 --> 00:58:04.640 i talk about today and then tomorrow obviously we'll go into more stuff okay what you just raised 1012 00:58:04.640 --> 00:58:10.800 is something really important here all right how many people here get paid for speaking engagements 1013 00:58:10.800 --> 00:58:18.000 anybody here there you go okay when you when you sign the agreement for the speaking agree 1014 00:58:18.000 --> 00:58:23.520 engagement you notice there's there's usually an agreement that you have to fill out or if you do 1015 00:58:23.520 --> 00:58:30.400 like a podcast they usually have you e-sign and click a form if it's if it's a professional podcast 1016 00:58:30.960 --> 00:58:35.840 they're usually going to have some kind of e-signing and some kind of form all right that's 1017 00:58:35.840 --> 00:58:42.080 just usually what they do the reason why is because they want to be able to do what they want 1018 00:58:42.800 --> 00:58:50.480 with the audio or with the video okay now if you're if you're working on somebody else's platform and 1019 00:58:50.480 --> 00:58:57.360 you're speaking technically it's their platform it's their material so if you got hired if i get 1020 00:58:57.360 --> 00:59:03.920 hired to go to 100x at the conference and i'm doing a presentation to everybody on trademark law 1021 00:59:04.880 --> 00:59:09.440 i'm saying hey guys i love absolutely love that you're doing your corporate formation and you 1022 00:59:09.440 --> 00:59:15.040 took advantage of the llc opportunity um here's the thing before you file in your llc is let's 1023 00:59:15.040 --> 00:59:19.200 make sure that you don't run into any potential issues with trademark infringement so let me teach 1024 00:59:19.200 --> 00:59:23.600 you a little bit about trademark search the different type of trademark searches blah blah 1025 00:59:23.600 --> 00:59:30.240 where am i i'm on their stage i was hired to be on their stage i was paid to be on their stage 1026 00:59:31.200 --> 00:59:39.840 so arguably what i'm saying belongs to them but you have to figure this out with the party 1027 00:59:42.080 --> 00:59:47.040 most people don't think about this stuff you will going forward okay you need to figure out 1028 00:59:47.840 --> 00:59:52.960 for the forum in which you're speaking who owns all right title and interest to the audio and to 1029 00:59:52.960 --> 00:59:59.760 the video you got to figure that out before you speak now as you come up and up and up as a speaker 1030 01:00:00.000 --> 01:00:07.000 You're not going to be in a situation where you're just kind of trying to figure that out, you're going to tell them what's going to happen. 1031 01:00:07.000 --> 01:00:14.000 You're going to say to them, hey, look, my fee for speaking is $10,000 for the hour. 1032 01:00:14.000 --> 01:00:19.000 All right. And on top of that, I own any of the audio and video rights. 1033 01:00:19.000 --> 01:00:27.000 I'm willing to give you a non-exclusive license to keep it as part of your package, like your video recording of the entire conference. 1034 01:00:27.000 --> 01:00:34.000 But you have no right to split out my portion and sell that for like $300 on the side. 1035 01:00:34.000 --> 01:00:37.000 You have no right to do that. That's my right. 1036 01:00:38.000 --> 01:00:42.000 You have to lay out those terms beforehand. 1037 01:00:42.000 --> 01:00:49.000 Because what most people do is they're so excited about the opportunity to speak that they go speak. 1038 01:00:49.000 --> 01:00:55.000 And then all of a sudden they find out, oops, I don't own anything. 1039 01:00:55.000 --> 01:01:04.000 Now what they're doing is they're asking the person whose platform they spoke on, can I get rights to the stuff that I just said? 1040 01:01:04.000 --> 01:01:08.000 And just to be clear, I've been there. I've done that. I still do that. 1041 01:01:08.000 --> 01:01:12.000 I've been on podcasts where I'm like, man, that was good. 1042 01:01:12.000 --> 01:01:15.000 Like, that was really good. I need a copy of that. 1043 01:01:15.000 --> 01:01:19.000 Right. Like, like God was moving, like things were changing. 1044 01:01:19.000 --> 01:01:21.000 People's lives are being transformed. 1045 01:01:21.000 --> 01:01:27.000 Whatever the case is, like business people are coming to, they're seeing the light and their lives are being transformed. 1046 01:01:27.000 --> 01:01:29.000 I need a copy of that. 1047 01:01:29.000 --> 01:01:34.000 I just had that happen with Josh, like Josh from he's with 100X now. 1048 01:01:34.000 --> 01:01:38.000 I did a podcast with him, was powerful. 1049 01:01:38.000 --> 01:01:44.000 So what did Ray and I do? Reached out to him and said, Josh, I know you own everything. 1050 01:01:44.000 --> 01:01:48.000 I need a copy of that, brother. Like, are you OK with that? 1051 01:01:48.000 --> 01:01:52.000 And he said, yeah, sure, Pete. No problem. Because he knows me. Right. 1052 01:01:52.000 --> 01:01:56.000 But that's stuff that you, Alicia, you got to think about that. 1053 01:01:56.000 --> 01:02:02.000 You got to think. All right. Who owns this forum? Who's recording this? 1054 01:02:02.000 --> 01:02:07.000 What if the audience makes a recording beforehand? Here's the thing. 1055 01:02:07.000 --> 01:02:11.000 Very hard to enforce. Very hard to enforce. All right. 1056 01:02:11.000 --> 01:02:15.000 I can't tell you how many conferences I've been at that I've recorded. 1057 01:02:15.000 --> 01:02:20.000 Was I supposed to do that? Nope. Did it anyway. 1058 01:02:20.000 --> 01:02:27.000 You know, so that's why sometimes when you have certain conferences, it tells you up front, no recording allowed. 1059 01:02:27.000 --> 01:02:31.000 You'll see that it'll actually be in the ticket that you purchase. 1060 01:02:31.000 --> 01:02:38.000 So as some of you actually start creating like big ticket conventions, conferences, 1061 01:02:38.000 --> 01:02:46.000 you may want to actually have that as a requirement, as a checkbox for people that are going to your event on your funnel, 1062 01:02:46.000 --> 01:02:51.000 have a checkbox where they can't check out until they check that box. 1063 01:02:51.000 --> 01:03:01.000 And the box says. I understand that I'll write title and interest to everything that's spoken here at this conference is owned by ABC Corporation. 1064 01:03:01.000 --> 01:03:08.000 I have no right to to audio record or video record any of the content. 1065 01:03:08.000 --> 01:03:14.000 Any such actions are strictly prohibitive and in violation of copyright law. 1066 01:03:14.000 --> 01:03:22.000 And will be enforced, period, like something like that. Now, the person goes, oh, these guys know what they're doing. 1067 01:03:22.000 --> 01:03:27.000 These guys get it. They're going to be taking that material and making clips and selling them on the side. 1068 01:03:27.000 --> 01:03:35.000 They get it. Does that help? Yes. Yeah. So just look at your agreements before you engage. 1069 01:03:35.000 --> 01:03:42.000 Very important. All right. All right. I'm going to close up today. We've got Connie, Axel, Krishna, Janine. 1070 01:03:42.000 --> 01:03:47.000 So tomorrow we're going to start out with you four. OK, we still have two more days together. 1071 01:03:47.000 --> 01:03:52.000 All right. So we'll jump into your questions then. Be sure to go live in the Facebook group. 1072 01:03:52.000 --> 01:03:58.000 I love how you're doing that. Again, it's great feedback for me. It's also helping other people. 1073 01:03:58.000 --> 01:04:05.000 The other part, it just makes great clips, quite frankly, like some of your clips are like really good. 1074 01:04:05.000 --> 01:04:10.000 And so I use that to actually train other people. I say, look, this is some of the stuff that we teach on. 1075 01:04:10.000 --> 01:04:15.000 And then the people go, oh, wow, there's a normal person who's applying it into their own life. 1076 01:04:15.000 --> 01:04:20.000 And it makes their life a lot easier. Larissa, I'm not taking any more questions. So what was your point? 1077 01:04:20.000 --> 01:04:27.000 You had your hand up. OK, you're good. 1078 01:04:27.000 --> 01:04:32.000 All right. So we'll we'll touch base after. I'm going to jump off. Larissa is going to close off. 1079 01:04:32.000 --> 01:04:39.000 I hope this is helping all of you. I'm like, I know I'm pouring a lot of stuff into you, but I'm trying to help you guys every scenario that you come into. 1080 01:04:39.000 --> 01:04:44.000 So bless all of you. I'm going to jump off. I'll let Larissa finish off and you guys have a great evening. 1081 01:04:44.000 --> 01:04:52.000 All right. Thanks, Peter. You're so welcome. Absolutely. Thank you. You're welcome. 1082 01:04:52.000 --> 01:04:54.000 Thank you so much.