WEBVTT 1 00:00:00.000 --> 00:00:11.540 The last time that we were on, we were talking about fair use, right, as a really tricky 2 00:00:11.540 --> 00:00:12.540 area. 3 00:00:12.540 --> 00:00:16.800 Like, very, very tricky, and we kind of broke down different elements of fair use. 4 00:00:16.800 --> 00:00:22.340 I want to start out now by just kind of giving an opportunity, if you guys have specific 5 00:00:22.340 --> 00:00:27.280 questions, to jump into answers of those specific questions. 6 00:00:27.280 --> 00:00:31.600 I have seen people posting questions. 7 00:00:31.600 --> 00:00:35.560 It's typically best, if you're going to post a question, to email it to me, too, because 8 00:00:35.560 --> 00:00:39.600 then it's all stored in the same location. 9 00:00:39.600 --> 00:00:47.640 So let me start out by just seeing if anybody has any specific questions, and then I'll 10 00:00:47.640 --> 00:00:50.480 jump in on the subject matter I was going to cover first. 11 00:00:50.480 --> 00:00:53.080 So anything that you guys are running into? 12 00:00:53.080 --> 00:00:54.080 Holly, do you have, yeah, go ahead. 13 00:00:54.080 --> 00:01:02.240 I'm not sure if I asked this before, but I just wondered if, for copyright, if, is 14 00:01:02.240 --> 00:01:05.200 it okay to talk about copyright right now? 15 00:01:05.200 --> 00:01:06.200 Is it okay, what? 16 00:01:06.200 --> 00:01:07.680 To talk about copyright right now? 17 00:01:07.680 --> 00:01:08.680 Yeah, of course, anything. 18 00:01:08.680 --> 00:01:10.400 This is a protection portal. 19 00:01:10.400 --> 00:01:11.440 It's your platform. 20 00:01:11.440 --> 00:01:12.920 So whatever you have a question on. 21 00:01:12.920 --> 00:01:14.800 I just realized I don't have my mic. 22 00:01:14.800 --> 00:01:15.800 Can you guys hear me okay? 23 00:01:15.800 --> 00:01:16.800 Yeah, we can hear you great. 24 00:01:16.800 --> 00:01:20.080 Okay, usually I have a different mic. 25 00:01:20.080 --> 00:01:26.880 I know that for, to obtain a federal copyright registration, you have to have it in fixed 26 00:01:26.880 --> 00:01:27.880 form. 27 00:01:27.880 --> 00:01:34.320 So I just wondered, does a song that's not written down in music, black and white, but 28 00:01:34.320 --> 00:01:38.880 is recorded on YouTube, like, does YouTube count as legitimate? 29 00:01:38.880 --> 00:01:47.800 Yeah, so you submit your recordings, there are different formats that can be utilized. 30 00:01:48.360 --> 00:01:52.480 Have you gone through the copyright site? 31 00:01:52.480 --> 00:01:54.280 Have you tried to file it on there? 32 00:01:54.280 --> 00:01:57.200 It actually tells you which formats are acceptable. 33 00:01:57.200 --> 00:01:58.200 Okay. 34 00:01:58.200 --> 00:01:59.200 Yeah. 35 00:01:59.200 --> 00:02:01.640 So let me share my screen real fast. 36 00:02:01.640 --> 00:02:07.960 If it was legitimate enough to not have it, like, a song that doesn't, because I don't 37 00:02:07.960 --> 00:02:08.960 know notes. 38 00:02:08.960 --> 00:02:09.960 Like, I don't know. 39 00:02:09.960 --> 00:02:12.120 I have lots and tons of songs, but I don't know notes. 40 00:02:12.120 --> 00:02:15.120 I don't know, like, music. 41 00:02:15.120 --> 00:02:21.800 So if it's just in an audio form on YouTube. 42 00:02:21.800 --> 00:02:22.840 There are. 43 00:02:22.840 --> 00:02:30.160 So if you're submitting, let's go over to registration, recordation, actually, let's 44 00:02:30.160 --> 00:02:31.560 do it easier way. 45 00:02:31.560 --> 00:02:34.640 Do it through here. 46 00:02:34.640 --> 00:02:38.800 You are going to be doing. 47 00:02:38.800 --> 00:02:41.720 Is it so there are videos you said? 48 00:02:41.720 --> 00:02:42.720 Songs. 49 00:02:42.720 --> 00:02:47.960 But are there songs like audio recordings or are they on? 50 00:02:47.960 --> 00:02:49.960 You said YouTube, right? 51 00:02:49.960 --> 00:02:50.960 Well. 52 00:02:50.960 --> 00:02:57.960 I don't have them like I have them on a voice recorder making dances to them. 53 00:02:57.960 --> 00:03:05.640 But if but if they're not attached with a dance and they're just a song and they're 54 00:03:05.640 --> 00:03:09.240 on YouTube as a record, I don't know, does it does it mean there's a difference? 55 00:03:09.360 --> 00:03:14.440 Yeah, there's a difference between if you're trying to protect the lyrics versus if you're 56 00:03:14.440 --> 00:03:19.480 trying to protect the audio, like because the lyrics themselves would be like a book, 57 00:03:19.480 --> 00:03:21.520 a publication, things like that. 58 00:03:21.520 --> 00:03:27.160 But then if you're trying to protect the audio, like the song that would be to be protected 59 00:03:27.160 --> 00:03:28.280 as an audio work. 60 00:03:28.280 --> 00:03:29.840 So they're kind of different. 61 00:03:29.840 --> 00:03:33.280 They're not they're not exactly the same. 62 00:03:33.280 --> 00:03:35.880 So it depends upon which one. 63 00:03:35.880 --> 00:03:37.400 And you can actually record both. 64 00:03:37.400 --> 00:03:38.400 Right. 65 00:03:38.480 --> 00:03:46.360 You can record the lyrics as a as some kind of published works, depending if you're actually 66 00:03:46.360 --> 00:03:52.320 publishing it, or you can actually see like here on the literary works. 67 00:03:52.320 --> 00:03:56.680 You can publish there's all sorts of things you can do, like there are things like books 68 00:03:56.680 --> 00:04:07.400 and but you could also use a short form, excuse me, any water. 69 00:04:07.400 --> 00:04:12.840 You can use this literary work form TX. 70 00:04:12.840 --> 00:04:15.720 And you can follow up for that. 71 00:04:15.720 --> 00:04:20.399 But what I would do is if you are going to let me just check something here real quick 72 00:04:20.399 --> 00:04:21.399 for you. 73 00:04:21.399 --> 00:04:25.280 It should be a short form TX in here. 74 00:04:25.280 --> 00:04:27.240 Short on literary works. 75 00:04:27.240 --> 00:04:30.360 Yep, it isn't here. 76 00:04:30.360 --> 00:04:31.680 Okay, good. 77 00:04:31.680 --> 00:04:32.680 All right. 78 00:04:32.680 --> 00:04:38.480 So when you go to file your application, you're going to see it, it'll list the format, like 79 00:04:38.480 --> 00:04:43.560 the different format types for you, right, you have to get into the app. 80 00:04:43.560 --> 00:04:50.760 So do you guys remember how what the USPTO website I taught you how to how to register 81 00:04:50.760 --> 00:04:51.760 for the site? 82 00:04:51.760 --> 00:04:54.080 You guys remember that? 83 00:04:54.080 --> 00:04:59.440 So I'll show you really quick in case everybody anybody's kind of wondering right now, you 84 00:05:00.000 --> 00:05:03.880 It's kind of similar for the copyright site. 85 00:05:03.880 --> 00:05:14.360 So if you go to uspto.gov here, you see on the top right here, my USPTO, you click on 86 00:05:14.360 --> 00:05:20.980 that, and then it says create a USPTO.gov account, okay? 87 00:05:20.980 --> 00:05:26.000 So you click on that, and now you go through, like, all sorts of stuff. 88 00:05:26.000 --> 00:05:33.360 It's going to ask you for a photocopy of your driver's license, your blood type, your first 89 00:05:33.360 --> 00:05:34.360 child. 90 00:05:34.360 --> 00:05:36.880 Like, it asks tons of questions, okay? 91 00:05:36.880 --> 00:05:44.240 Now similar for the copyright office, with the copyright office, you have to actually, 92 00:05:44.240 --> 00:06:00.520 when you go to do a filing, if I file on a, let's say a, let me try a performing arts. 93 00:06:00.520 --> 00:06:04.560 You see here where it says music on the performing arts? 94 00:06:04.560 --> 00:06:05.920 You see it on the screen? 95 00:06:05.920 --> 00:06:12.640 So you would click on performing arts, that's the kind of work that you're doing, and then 96 00:06:12.640 --> 00:06:20.800 you can file your application, register a work of the performing arts. 97 00:06:20.800 --> 00:06:26.640 And after you click on that, it starts to ask you all sorts of questions, and you've 98 00:06:26.640 --> 00:06:28.400 got to create an account. 99 00:06:28.400 --> 00:06:35.360 See if you're a new user, click here to register, let me open this, make it bigger, right here, 100 00:06:35.360 --> 00:06:36.680 you see here? 101 00:06:36.680 --> 00:06:39.480 If you're a new user, click here to register, okay? 102 00:06:39.800 --> 00:06:44.600 So you're going to click there, and then you're going to walk through, very similar to the 103 00:06:44.600 --> 00:06:50.440 USPTO, entering all your information, piece by piece by piece. 104 00:06:50.440 --> 00:07:00.520 So I'll just, let's see, Peter and Yemes, Unified Guide, user ID, this is user ID help. 105 00:07:00.520 --> 00:07:05.840 So you can create your own and your password, I mean, so it basically walks you through 106 00:07:05.840 --> 00:07:09.280 step-by-step everything that you need to create an account. 107 00:07:09.280 --> 00:07:11.480 Once you create an account, then you can go to file. 108 00:07:11.480 --> 00:07:15.840 Once you go to file, it's going to tell you the file type that's needed to upload. 109 00:07:15.840 --> 00:07:22.360 So you have to, on your side, what you need to do is decide, do you want to, do you want 110 00:07:22.360 --> 00:07:26.320 to go after just the words, or do you want to go after the video, or do you want to go 111 00:07:26.320 --> 00:07:27.320 after the audio? 112 00:07:27.320 --> 00:07:31.200 Those are three different things, okay? 113 00:07:31.200 --> 00:07:47.660 If you want the most powerful thing, the lyrics, if you own the lyrics, then regardless 114 00:07:47.660 --> 00:07:54.600 of somebody uses the lyrics in a video or a song, they infringe, right? 115 00:07:54.600 --> 00:07:58.400 So the most powerful thing would be to own the lyrics. 116 00:07:58.400 --> 00:08:06.280 Now, did you create like the, or are you creating like the musical background too, 117 00:08:06.280 --> 00:08:08.280 or just the words? 118 00:08:08.280 --> 00:08:09.280 So it's just the words, right? 119 00:08:09.280 --> 00:08:14.760 No, they're just like little melodies, little meditation melodies, simple little songs. 120 00:08:14.760 --> 00:08:15.760 All right. 121 00:08:15.760 --> 00:08:19.120 So when you say melodies, you mean words, or do you mean music? 122 00:08:19.120 --> 00:08:20.120 Yeah. 123 00:08:20.120 --> 00:08:22.360 Words, words to a melody. 124 00:08:22.360 --> 00:08:28.360 So what I would do is I would protect, this is not legal advice, all right? 125 00:08:29.320 --> 00:08:36.159 What I would do is I would protect, in my situation, I would actually protect the words 126 00:08:36.159 --> 00:08:42.159 because then if they use the words in a poem, they use them in a book, they use them in 127 00:08:42.159 --> 00:08:50.280 a video, they use them in standing on a corner, you know, and kind of building an audience 128 00:08:50.280 --> 00:08:56.360 and charging people to listen to it, whatever it is, that's all copyright infringement. 129 00:08:56.360 --> 00:08:57.360 That's the most powerful. 130 00:08:57.360 --> 00:09:02.400 Now, if you find that when you take that work, you're going to add some kind of audio 131 00:09:02.400 --> 00:09:06.920 component to it, meaning some kind of musical background, make sure whatever that musical 132 00:09:06.920 --> 00:09:15.480 background is, is something that is, does not belong to somebody else, right? 133 00:09:15.480 --> 00:09:19.120 I've dropped before, I don't know, you guys tell me if it would be helpful for you. 134 00:09:19.120 --> 00:09:27.000 If you think it would be helpful, I can drop more sources for royalty free music. 135 00:09:27.640 --> 00:09:28.640 Yeah, okay. 136 00:09:28.640 --> 00:09:30.960 I'll drop that more for you, okay? 137 00:09:30.960 --> 00:09:37.800 So these are sites where you can get royalty free music for your video background, right? 138 00:09:37.800 --> 00:09:44.560 So then like in my, there's actually one that I'm using right now that's really good. 139 00:09:44.560 --> 00:09:46.600 I mean, it's actually really, really good. 140 00:09:46.600 --> 00:09:51.880 It actually also has a site for grabbing intros to videos. 141 00:09:51.880 --> 00:09:56.640 So you know how before like the video itself starts with all the content, there's usually 142 00:09:56.680 --> 00:09:59.400 like that intro, right? 143 00:09:59.400 --> 00:10:00.040 So it's like kind of. 144 00:10:00.000 --> 00:10:04.280 some kind of animation or some kind of artistic thing 145 00:10:04.280 --> 00:10:07.640 happens on the screen and then the video starts, 146 00:10:07.640 --> 00:10:10.360 I've got a site that actually has tons of those 147 00:10:11.480 --> 00:10:13.840 and you can customize them for you. 148 00:10:13.840 --> 00:10:16.600 All right, so I'll drop that for you guys today also. 149 00:10:17.520 --> 00:10:21.320 It's a really good resource, okay? 150 00:10:21.320 --> 00:10:22.840 So you'll get your intro part 151 00:10:22.840 --> 00:10:26.320 that you can add into your videos for marketing purposes 152 00:10:26.320 --> 00:10:28.800 and then you can get your background music 153 00:10:28.800 --> 00:10:29.920 and throw those into it. 154 00:10:29.920 --> 00:10:31.960 So I'm not doing your videos for you, 155 00:10:31.960 --> 00:10:35.080 but I gave you the intro and I gave you the background music. 156 00:10:35.080 --> 00:10:37.000 You got to fill in the rest, okay? 157 00:10:37.000 --> 00:10:39.160 So does that help Holly? 158 00:10:39.160 --> 00:10:41.580 That's, so that's what you're going to do basically. 159 00:10:41.580 --> 00:10:45.680 You file under a literary work, you protect that. 160 00:10:46.760 --> 00:10:49.240 By doing that, you're not going to have to upload 161 00:10:50.200 --> 00:10:55.200 like an MPEG or a WAV file because it's a literary work. 162 00:10:55.200 --> 00:11:00.200 Okay, and that's going to be way more powerful. 163 00:11:01.640 --> 00:11:05.160 So Crystal, nope, you're that way. 164 00:11:05.160 --> 00:11:09.760 Crystal, there, now you moved, now you're there. 165 00:11:09.760 --> 00:11:12.200 You go, go ahead. 166 00:11:12.200 --> 00:11:13.440 I'm right here. 167 00:11:13.440 --> 00:11:15.720 So I think part of my question is in relation 168 00:11:15.720 --> 00:11:18.600 to what you just told Holly as well. 169 00:11:18.600 --> 00:11:21.720 So if somebody used those words, 170 00:11:21.720 --> 00:11:23.640 that's why it's more important to make sure 171 00:11:23.680 --> 00:11:24.600 that those videos are copyrighted 172 00:11:24.600 --> 00:11:27.400 because they use them in a poem, a book, a video, 173 00:11:27.400 --> 00:11:30.120 or on the corner is what you're saying. 174 00:11:30.120 --> 00:11:32.480 But that goes to the question that I actually put 175 00:11:32.480 --> 00:11:36.160 into the IP as an example that there's a huge blow up 176 00:11:36.160 --> 00:11:38.280 right now in the evangelical world 177 00:11:38.280 --> 00:11:41.040 about pastors plagiarizing from the pulpit 178 00:11:41.040 --> 00:11:43.720 of somebody else's works and books. 179 00:11:43.720 --> 00:11:46.680 And somebody finally brought it to the surface this week. 180 00:11:46.680 --> 00:11:50.640 They're all very frustrated with her who brought it out, 181 00:11:50.640 --> 00:11:52.920 Sheila Ray Gregory, but she's like, 182 00:11:52.960 --> 00:11:56.080 guys, this guy just plagiarized four different points 183 00:11:56.080 --> 00:11:59.120 from four different authors in the main realm. 184 00:11:59.120 --> 00:12:04.120 And I was asking what then are those authors opportunities 185 00:12:04.160 --> 00:12:06.320 to bring that to the forefront? 186 00:12:06.320 --> 00:12:09.320 Like, is there a claim that they make against that pastor 187 00:12:09.320 --> 00:12:10.960 who plagiarized that? 188 00:12:10.960 --> 00:12:13.840 Because if that sermon that he just gave 189 00:12:13.840 --> 00:12:17.800 then gets replicated, then gets put on the web, 190 00:12:17.800 --> 00:12:20.920 like now it's even deeper of a plagiarism piece. 191 00:12:20.920 --> 00:12:23.760 So what would they do in that case? 192 00:12:23.760 --> 00:12:25.280 You're so good at this, Crystal. 193 00:12:25.280 --> 00:12:30.280 I mean, honestly, you're like the dream student 194 00:12:31.880 --> 00:12:33.080 in law school, literally. 195 00:12:33.080 --> 00:12:35.200 Like you're like, well, I could see this implemented 196 00:12:35.200 --> 00:12:36.960 this way and then this happens and that happens. 197 00:12:36.960 --> 00:12:38.840 And you're like, she gets it, yes. 198 00:12:38.840 --> 00:12:41.960 So here's the issue is that the only one 199 00:12:41.960 --> 00:12:44.160 who has the right to make copies 200 00:12:44.160 --> 00:12:45.800 is a copyright owner, right? 201 00:12:45.800 --> 00:12:48.720 But the only one who has the right to make derivative works 202 00:12:48.720 --> 00:12:51.120 is a copyright owner also. 203 00:12:51.120 --> 00:12:55.880 So all these slight modifications to the original work, 204 00:12:55.880 --> 00:12:58.840 all of that stuff belongs to the copyright owner. 205 00:12:58.840 --> 00:13:03.120 Not to, and this area of the pulpit 206 00:13:03.120 --> 00:13:07.960 has been one of the biggest areas of copyright infringement 207 00:13:07.960 --> 00:13:10.640 and nobody's really done anything about it. 208 00:13:10.640 --> 00:13:13.080 They just kind of said, well, it's a pastor. 209 00:13:13.080 --> 00:13:14.200 It's like, well, no, 210 00:13:14.200 --> 00:13:18.280 because pastors are making tons of money off of their books, 211 00:13:18.280 --> 00:13:22.440 off of their videos, off of their workshops. 212 00:13:22.440 --> 00:13:24.760 So I'm not gonna name any names, 213 00:13:24.760 --> 00:13:27.640 but there's multi, multi, multimillionaire pastors 214 00:13:27.640 --> 00:13:28.480 out there. 215 00:13:28.480 --> 00:13:30.640 Now I'm not saying they shouldn't be multimillionaires. 216 00:13:30.640 --> 00:13:31.480 That's great. 217 00:13:31.480 --> 00:13:33.320 If they're using the gift that they have, 218 00:13:33.320 --> 00:13:36.080 look, our God is not a God of poverty, right? 219 00:13:36.080 --> 00:13:39.000 So by all means, let them make all the money they want, 220 00:13:39.000 --> 00:13:42.600 but they shouldn't be using your content to get there 221 00:13:42.600 --> 00:13:45.160 unless they are reaching out to you first and saying, 222 00:13:45.160 --> 00:13:47.600 hey, I'd like to use your content. 223 00:13:47.600 --> 00:13:49.360 Can I pay you a royalty? 224 00:13:49.360 --> 00:13:54.360 You know, per book or per, you know, or per whatever, 225 00:13:54.760 --> 00:13:57.400 you know, per contract or whatever case it may be, 226 00:13:57.400 --> 00:13:59.440 you should be getting compensated for that. 227 00:13:59.440 --> 00:14:01.360 So what do they do? 228 00:14:01.360 --> 00:14:05.720 If your material, let's say that you did a, 229 00:14:07.080 --> 00:14:08.720 let's say you did like this weekend, 230 00:14:08.720 --> 00:14:13.240 this weekend on Saturday, I'm going to be at my lake house. 231 00:14:13.240 --> 00:14:16.080 I'm gonna be doing a training on healing the sick, right? 232 00:14:16.080 --> 00:14:17.600 There are families coming 233 00:14:18.840 --> 00:14:21.960 that are going to be participating in this. 234 00:14:21.960 --> 00:14:25.560 So there's, I put it together for teenagers, 235 00:14:25.560 --> 00:14:28.080 but the requirement for the teenager to attend 236 00:14:28.080 --> 00:14:29.640 is for a parent to be there. 237 00:14:29.640 --> 00:14:31.320 Because I don't want parents going, 238 00:14:31.320 --> 00:14:32.680 what the heck is going on? 239 00:14:32.680 --> 00:14:34.760 What did you do to my kid, right? 240 00:14:34.760 --> 00:14:37.120 My kid's going around laying hands on people now, 241 00:14:37.120 --> 00:14:37.960 like, what is that? 242 00:14:37.960 --> 00:14:39.280 You know, so I said, 243 00:14:39.280 --> 00:14:40.960 the only way that the teenager can show up 244 00:14:40.960 --> 00:14:42.440 is if the parent's there. 245 00:14:42.440 --> 00:14:44.800 So this weekend, I'm gonna be doing that. 246 00:14:45.080 --> 00:14:48.680 We're going deep, like we're gonna be doing real training 247 00:14:48.680 --> 00:14:50.760 and people are gonna be healing the sick there 248 00:14:50.760 --> 00:14:53.560 on our patio, overlooking the lake, right? 249 00:14:53.560 --> 00:14:55.400 And food's gonna be provided, not just us, 250 00:14:55.400 --> 00:14:59.520 but the material I'm gonna be training on is deep. 251 00:14:59.520 --> 00:15:00.360 Now. 252 00:15:00.000 --> 00:15:02.800 Somebody could say, I want to take that recording 253 00:15:02.800 --> 00:15:04.200 and then turn it into a sermon. 254 00:15:04.200 --> 00:15:06.740 They could probably take what I'm going to teach this weekend 255 00:15:06.740 --> 00:15:09.120 and turn it into like 10 sermons. 256 00:15:09.120 --> 00:15:14.440 Because I'm going to be covering who we are, what Jesus did, 257 00:15:14.440 --> 00:15:15.600 and the calling. 258 00:15:15.600 --> 00:15:18.200 All three I'm going to be hitting. 259 00:15:18.200 --> 00:15:20.040 Because you can't follow the calling 260 00:15:20.040 --> 00:15:22.520 unless you understand who you are. 261 00:15:22.520 --> 00:15:25.560 If you get the, oh, here's the calling, it's like, great. 262 00:15:25.560 --> 00:15:26.440 So there's a calling. 263 00:15:26.440 --> 00:15:27.640 Who cares? 264 00:15:27.640 --> 00:15:28.920 It's like, no. 265 00:15:28.920 --> 00:15:31.840 It's like, no, you have to understand who you are first. 266 00:15:31.840 --> 00:15:34.440 If you understand who you are and then what he did, 267 00:15:34.440 --> 00:15:36.040 then you can follow with the calling. 268 00:15:36.040 --> 00:15:39.480 Otherwise, you think you're doing it, in which case 269 00:15:39.480 --> 00:15:40.520 nothing is accomplished. 270 00:15:40.520 --> 00:15:42.520 Anyways, I'm getting on the sidetrack here. 271 00:15:42.520 --> 00:15:45.640 But the whole point being, everything I'm going to teach 272 00:15:45.640 --> 00:15:48.320 could now be turned into 10 sermons. 273 00:15:48.320 --> 00:15:49.800 So what do pastors do? 274 00:15:49.800 --> 00:15:52.200 Pastors are looking for things every single week 275 00:15:52.200 --> 00:15:53.240 to bring forward. 276 00:15:53.240 --> 00:15:56.560 And they're grabbing material that belongs to other people. 277 00:15:56.600 --> 00:15:59.320 And then they are speaking it. 278 00:15:59.320 --> 00:16:03.800 If you speak it, that's copyright infringement. 279 00:16:03.800 --> 00:16:07.800 If you have videos of the sermon, 280 00:16:07.800 --> 00:16:09.920 that's copyright infringement. 281 00:16:09.920 --> 00:16:13.720 If there's a transcript of the service, 282 00:16:13.720 --> 00:16:15.240 that's copyright infringement. 283 00:16:15.240 --> 00:16:17.080 All those things are copyright infringement. 284 00:16:17.080 --> 00:16:18.480 So the question is, what do you do 285 00:16:18.480 --> 00:16:20.000 if somebody is grabbing your material 286 00:16:20.000 --> 00:16:22.360 and bringing it to the pulpit? 287 00:16:22.360 --> 00:16:24.720 What I would suggest is you communicate directly 288 00:16:24.720 --> 00:16:26.960 with the pastor yourself. 289 00:16:26.960 --> 00:16:29.640 I wouldn't go out there to the public 290 00:16:29.640 --> 00:16:33.520 and say such and such pastor stole my stuff. 291 00:16:33.520 --> 00:16:35.520 First thing I would do is I would honor them 292 00:16:35.520 --> 00:16:36.760 and I would reach out to them. 293 00:16:36.760 --> 00:16:39.200 They may not know what copyright law is, period. 294 00:16:39.200 --> 00:16:41.480 Most people don't. 295 00:16:41.480 --> 00:16:46.760 And so now that you go and you share with them, 296 00:16:46.760 --> 00:16:50.600 there should be something rectified immediately. 297 00:16:50.600 --> 00:16:52.480 I mean, I've had situations where 298 00:16:52.480 --> 00:16:55.040 I've been in a service at a place, 299 00:16:55.040 --> 00:16:58.080 pastor says something, it's not aligned with the word of God. 300 00:16:58.080 --> 00:17:00.120 I get so mad. 301 00:17:00.120 --> 00:17:01.800 I'm like, that's not what the word, 302 00:17:01.800 --> 00:17:03.760 don't call the Holy Spirit it. 303 00:17:03.760 --> 00:17:04.920 You can't call him it. 304 00:17:04.920 --> 00:17:06.240 He's a real person. 305 00:17:06.240 --> 00:17:08.359 Like I take a personal offense. 306 00:17:08.359 --> 00:17:11.119 Now I'm like looking up the scripture in the Bible 307 00:17:11.119 --> 00:17:12.240 and I'm like, there it is. 308 00:17:12.240 --> 00:17:15.119 Like he's a he, you can't call him an it. 309 00:17:15.119 --> 00:17:16.560 Like I'm getting all offended. 310 00:17:16.560 --> 00:17:18.960 I just missed the last 20 minutes of the service 311 00:17:18.960 --> 00:17:20.440 because I was trying to prove my point. 312 00:17:20.440 --> 00:17:21.520 You know what I mean? 313 00:17:21.560 --> 00:17:23.359 Don't get caught in that. 314 00:17:23.359 --> 00:17:25.760 Like that's copyright infringement, that's bad. 315 00:17:25.760 --> 00:17:28.920 Like don't, like just be at peace. 316 00:17:28.920 --> 00:17:30.720 And then I would send a communication directly 317 00:17:30.720 --> 00:17:35.680 to the pastor and say, hey, look, this is my material here. 318 00:17:35.680 --> 00:17:37.760 What you're doing here actually is infringing 319 00:17:37.760 --> 00:17:38.800 upon my copyright. 320 00:17:38.800 --> 00:17:42.160 Please remove it from your material, right? 321 00:17:42.160 --> 00:17:45.560 Now you see how, so somebody wrote the word plagiarism. 322 00:17:45.560 --> 00:17:47.760 Let me just mention something on plagiarism. 323 00:17:47.760 --> 00:17:58.440 I would be, there's a difference between plagiarism 324 00:17:58.440 --> 00:18:01.200 and copyright infringement, okay? 325 00:18:01.200 --> 00:18:04.120 It's often talked about together. 326 00:18:04.120 --> 00:18:06.000 They're not the same. 327 00:18:06.000 --> 00:18:08.560 Plagiarism is essentially like, you know, copying a lot 328 00:18:08.560 --> 00:18:10.160 of the words that are utilized. 329 00:18:10.160 --> 00:18:13.960 Copyright infringement, derivative works can, 330 00:18:13.960 --> 00:18:20.040 how do I explain this and not make it more confusing? 331 00:18:20.040 --> 00:18:21.280 Let's put it this way. 332 00:18:21.280 --> 00:18:26.760 Copyright infringement is broader than plagiarism, okay? 333 00:18:26.760 --> 00:18:28.240 So plagiarism, you're looking 334 00:18:28.240 --> 00:18:30.040 as every single word copied, right? 335 00:18:30.040 --> 00:18:32.800 Or as the majority of every single word copied. 336 00:18:32.800 --> 00:18:36.040 Copyright infringement's a little broader, okay? 337 00:18:36.040 --> 00:18:39.080 So like you're looking for the essence of the copyright, right? 338 00:18:39.080 --> 00:18:40.800 There's a 20-page book. 339 00:18:40.800 --> 00:18:43.200 They copied five pages. 340 00:18:43.240 --> 00:18:47.800 So five pages of the entire work was copied, 341 00:18:47.800 --> 00:18:49.560 not all of the material. 342 00:18:49.560 --> 00:18:51.320 Typically in plagiarism, you're looking to see 343 00:18:51.320 --> 00:18:52.800 if everything's copied, right? 344 00:18:52.800 --> 00:18:55.320 So copyright infringement is broader. 345 00:18:55.320 --> 00:18:57.440 So if you're trying to get somebody in this area, 346 00:18:57.440 --> 00:19:01.160 if you're trying to make a new agenda of going after pastors, 347 00:19:01.160 --> 00:19:03.600 which is the lesson for today, how to sue pastors, 348 00:19:03.600 --> 00:19:06.440 I'm just saying Crystal wants a new agenda for suing pastors. 349 00:19:06.440 --> 00:19:07.760 So I'm going to help her out. 350 00:19:07.760 --> 00:19:09.040 Oh, you don't? 351 00:19:09.040 --> 00:19:10.320 Oh, okay, my fault. 352 00:19:10.320 --> 00:19:14.520 So what I would say is I would go after them 353 00:19:14.520 --> 00:19:17.200 for copyright infringement, not plagiarism. 354 00:19:17.200 --> 00:19:18.960 Because when you mention the word plagiarism, 355 00:19:18.960 --> 00:19:20.640 what people think in their mind is, 356 00:19:20.640 --> 00:19:23.280 I'm not copying every word that you have. 357 00:19:23.280 --> 00:19:24.880 That's what they think of immediately. 358 00:19:24.880 --> 00:19:27.080 And so they think they don't infringe 359 00:19:27.080 --> 00:19:29.360 because they go, well, I didn't copy 360 00:19:29.360 --> 00:19:31.520 every single word in your book. 361 00:19:31.520 --> 00:19:33.280 You know, I just took two pages. 362 00:19:33.280 --> 00:19:34.520 That's not plagiarism. 363 00:19:34.520 --> 00:19:37.040 It's like, that's copyright infringement. 364 00:19:37.040 --> 00:19:39.760 So copyright infringement is broader. 365 00:19:39.760 --> 00:19:42.200 So I would send a communication to them. 366 00:19:42.200 --> 00:19:43.440 I would make it clear to them. 367 00:19:43.440 --> 00:19:44.960 The reason why you want to communicate with them 368 00:19:44.960 --> 00:19:46.880 is because you place them on notice. 369 00:19:46.880 --> 00:19:49.160 If you don't place them on notice, 370 00:19:49.160 --> 00:19:52.000 then you could never get damages, right? 371 00:19:52.000 --> 00:19:54.800 Because if somebody is infringing, 372 00:19:54.800 --> 00:19:56.520 it becomes very hard to get damages 373 00:19:56.520 --> 00:19:57.720 unless the other party knows 374 00:19:57.720 --> 00:19:59.800 that there's a potential of infringement. 375 00:20:00.000 --> 00:20:03.160 So for that reason, you send them the letter. 376 00:20:03.160 --> 00:20:04.460 Does that make sense? 377 00:20:05.520 --> 00:20:06.960 Yeah, okay. 378 00:20:06.960 --> 00:20:09.280 Was there a follow-up to that? 379 00:20:09.280 --> 00:20:13.360 I think so, but I'm not quite sure how to phrase it yet. 380 00:20:13.360 --> 00:20:16.440 I guess I'm more thinking in terms of 381 00:20:17.440 --> 00:20:20.320 if you produced a book to what you were doing 382 00:20:20.320 --> 00:20:23.380 this coming weekend, for example, okay? 383 00:20:23.380 --> 00:20:27.280 And I had a group of teenagers here in Colorado 384 00:20:27.280 --> 00:20:28.960 and I wanted to use your book 385 00:20:28.960 --> 00:20:32.360 as the basis of what we were going to study and teach. 386 00:20:32.360 --> 00:20:35.760 What would I need to do then to be able to do that well? 387 00:20:35.760 --> 00:20:38.320 You have to reach out to the author to do that. 388 00:20:38.320 --> 00:20:40.760 What a lot of people do is they try to argue 389 00:20:40.760 --> 00:20:43.400 that it's fair use and then they grab stuff 390 00:20:43.400 --> 00:20:45.320 and say educational purposes 391 00:20:45.320 --> 00:20:48.260 and they just start using the material of other people. 392 00:20:48.260 --> 00:20:51.200 The way that I see fair use really playing out 393 00:20:51.200 --> 00:20:54.920 is typically in like newsworthy events, right? 394 00:20:55.760 --> 00:21:00.440 So something happens in Massachusetts. 395 00:21:00.440 --> 00:21:02.260 I'm teaching a class today. 396 00:21:02.260 --> 00:21:03.920 It's in the newspaper. 397 00:21:03.920 --> 00:21:06.680 I take the picture of the newspaper, I show it to people 398 00:21:06.680 --> 00:21:09.080 and it's like, hey guys, this just happened. 399 00:21:09.080 --> 00:21:10.560 It's hot off the press. 400 00:21:10.560 --> 00:21:15.000 I don't have the time to go to the newspaper and say, 401 00:21:15.000 --> 00:21:18.360 hey, can I get permission to show blah, blah, blah. 402 00:21:18.360 --> 00:21:21.520 But the other thing is I'm not making money off of it. 403 00:21:21.520 --> 00:21:24.840 Once you start making money off of taking something 404 00:21:25.660 --> 00:21:28.260 from someone else, you're walking down a bad path. 405 00:21:29.520 --> 00:21:32.240 So if what you're doing is purely teaching purposes, 406 00:21:32.240 --> 00:21:35.920 you're not making money off of it, it's like last second, 407 00:21:35.920 --> 00:21:39.600 it's newsworthy, it has to be released immediately 408 00:21:39.600 --> 00:21:43.080 because it's timely, those things tend to fall more 409 00:21:43.080 --> 00:21:48.080 into the educational realm and fair use. 410 00:21:48.160 --> 00:21:50.240 But fair use, again, it's an exception 411 00:21:50.240 --> 00:21:52.040 to copyright infringement. 412 00:21:52.080 --> 00:21:54.880 So you're starting out with a negative 413 00:21:54.880 --> 00:21:56.880 and now you're trying to save yourself 414 00:21:56.880 --> 00:21:58.000 by saying it's fair use. 415 00:21:58.000 --> 00:22:00.100 So just be really careful. 416 00:22:00.100 --> 00:22:03.720 Now, if you're thinking or somebody is thinking, 417 00:22:03.720 --> 00:22:07.320 oh man, like I saw this presentation, 418 00:22:07.320 --> 00:22:09.400 I wanna incorporate that into my materials, 419 00:22:09.400 --> 00:22:11.920 you need to reach out to the other party and say, 420 00:22:11.920 --> 00:22:15.760 hey, you have this here, I'd like to incorporate that 421 00:22:15.760 --> 00:22:18.400 into what I'm using, right? 422 00:22:18.400 --> 00:22:21.260 But here's something for you to remember. 423 00:22:21.260 --> 00:22:22.620 So be careful with this, 424 00:22:22.620 --> 00:22:24.620 but there's something for you to remember. 425 00:22:26.140 --> 00:22:30.120 The copyright owner does not own the general concept. 426 00:22:32.160 --> 00:22:35.620 They own what they wrote, they own what they spoke, 427 00:22:35.620 --> 00:22:38.420 they own the picture they took, 428 00:22:38.420 --> 00:22:41.420 they don't own the concept, okay? 429 00:22:41.420 --> 00:22:46.420 So let's say that in my training this weekend, 430 00:22:46.820 --> 00:22:50.180 I'm going through a certain sequence, right? 431 00:22:50.180 --> 00:22:52.940 I'm saying, first thing I'm gonna do 432 00:22:52.940 --> 00:22:55.380 is I'm gonna teach you about who you are. 433 00:22:55.380 --> 00:22:57.620 Second thing I'm gonna teach you about is what Jesus did. 434 00:22:57.620 --> 00:22:59.060 Third thing I'm gonna do is I'm gonna teach you 435 00:22:59.060 --> 00:23:01.120 about the calling. 436 00:23:01.120 --> 00:23:04.220 Well, let's say you say, you know what? 437 00:23:04.220 --> 00:23:08.600 This week, next weekend at church, I'm gonna do a sermon 438 00:23:08.600 --> 00:23:11.180 and I'm gonna talk about who you are. 439 00:23:11.180 --> 00:23:12.760 And then I'm gonna talk about what Jesus did. 440 00:23:12.760 --> 00:23:16.020 Then I'm gonna talk about the calling. 441 00:23:16.020 --> 00:23:20.380 I can't stop you, because that's a concept. 442 00:23:20.380 --> 00:23:23.420 That's not a writing, right? 443 00:23:23.420 --> 00:23:24.540 There's nothing written there. 444 00:23:24.540 --> 00:23:28.460 Now, if you try to copy my materials, 445 00:23:28.460 --> 00:23:29.640 that's copyright infringement 446 00:23:29.640 --> 00:23:32.180 because that's an embodiment of my idea. 447 00:23:32.180 --> 00:23:36.620 It's a writing, it's a video or it's an audio 448 00:23:36.620 --> 00:23:40.020 or it's a transcript, like that's an embodiment. 449 00:23:40.020 --> 00:23:42.640 That's a physical, tangible embodiment, 450 00:23:42.640 --> 00:23:45.740 either in the physical realm or in the computer realm, okay? 451 00:23:46.620 --> 00:23:49.620 You can't do that, that's copyright infringement. 452 00:23:49.620 --> 00:23:52.140 But you most certainly can say, 453 00:23:52.140 --> 00:23:53.940 Peter, you don't own the concept. 454 00:23:53.940 --> 00:23:57.260 Like you can't say I own the concept 455 00:23:57.260 --> 00:24:00.020 of these three things coming together. 456 00:24:00.020 --> 00:24:02.660 And I realized that those three things together 457 00:24:02.660 --> 00:24:05.540 are a powerful combination, so I'm gonna use them. 458 00:24:05.540 --> 00:24:07.900 You can't stop me, all right? 459 00:24:07.900 --> 00:24:11.800 So now you understand the difficulty as a coach 460 00:24:12.700 --> 00:24:15.980 because coaches come out with a unique process 461 00:24:16.820 --> 00:24:19.340 and they know if you do these five steps sequentially 462 00:24:19.340 --> 00:24:22.160 in this order, it's extremely valuable. 463 00:24:22.160 --> 00:24:24.940 But you can't protect the five steps, the order, 464 00:24:24.940 --> 00:24:28.900 unless it's a patent, like it would have to be a method. 465 00:24:28.900 --> 00:24:31.340 And if it's not protectable by method patent, 466 00:24:32.580 --> 00:24:37.580 then you're trying to protect your embodiments of the idea. 467 00:24:39.300 --> 00:24:42.260 Because an idea, the title that I have, 468 00:24:42.260 --> 00:24:46.180 Protect Your Idea, is actually intentional 469 00:24:46.180 --> 00:24:49.120 because it literally is impossible to protect an idea. 470 00:24:50.500 --> 00:24:53.780 So what should happen as people are going 471 00:24:53.780 --> 00:24:56.020 through this challenge, they should go, hold it. 472 00:24:57.460 --> 00:24:59.500 You really can't protect an idea, can you? 473 00:25:00.000 --> 00:25:04.200 amorphous glob, like I can't grab onto that. It's like, hold 474 00:25:04.200 --> 00:25:06.720 it, this, the title of this thing in and of itself is 475 00:25:06.720 --> 00:25:10.140 intriguing. Like, I need to get in there and see what these guys 476 00:25:10.140 --> 00:25:12.680 are talking about. Because you really can't protect, quote 477 00:25:12.680 --> 00:25:14.880 unquote, an idea, you can protect the embodiments of the 478 00:25:14.880 --> 00:25:20.040 idea, not the, not the, the thought. Right? And ideas are 479 00:25:20.040 --> 00:25:24.320 thoughts. So it's, it's embodying the idea that becomes 480 00:25:24.320 --> 00:25:27.280 important. So in your situation, if you're a coach, and you have 481 00:25:27.280 --> 00:25:30.560 this five step program, you're protecting your flow charts, 482 00:25:30.560 --> 00:25:32.920 you're protecting your books, you're protecting your manuals, 483 00:25:32.920 --> 00:25:35.560 you're protecting your videos, you're protecting your audio. 484 00:25:36.000 --> 00:25:39.040 Right? But if somebody says, boy, those five steps are great, 485 00:25:39.040 --> 00:25:41.860 I'm going to incorporate them into my practice. As long as 486 00:25:41.860 --> 00:25:45.320 they're not copying your content, or your materials. If 487 00:25:45.320 --> 00:25:49.040 you don't have a patent, you can't stop them. That's why it 488 00:25:49.040 --> 00:25:53.480 becomes really important as a coach to realize that our value 489 00:25:54.320 --> 00:26:00.360 increases if we find the best way to get what we have into 490 00:26:00.360 --> 00:26:04.640 somebody else's hands. Right? What I mean by that is, I've got 491 00:26:04.640 --> 00:26:08.600 the best flowchart to make you understand what I'm teaching. 492 00:26:09.360 --> 00:26:14.840 Anybody who wants to use my, my system is going to want that 493 00:26:14.840 --> 00:26:19.600 flowchart. I own the flowchart. Therefore, to use my system 494 00:26:19.600 --> 00:26:22.720 effectively, you can't use my flowchart. So there's a higher 495 00:26:22.720 --> 00:26:26.680 demand for me. Because I own the copyright for my flowchart. 496 00:26:26.860 --> 00:26:31.240 You see, that's why as a coach, you have to figure out what is 497 00:26:31.240 --> 00:26:36.960 the best way for me to embody my idea. And then own that. Then 498 00:26:36.960 --> 00:26:40.920 other people that are trying to kind of cap capture what you do 499 00:26:41.240 --> 00:26:43.960 are not going to be able to do it as fast as effectively as you 500 00:26:44.320 --> 00:26:48.000 because you've mastered the embodiment of it. If I can teach 501 00:26:48.000 --> 00:26:50.200 you and train you all day long, but if I don't give you 502 00:26:50.200 --> 00:26:52.840 something physical to grasp onto, it can become very 503 00:26:52.840 --> 00:26:58.160 difficult. Right? There's a confirmation. Wow, that was 504 00:26:58.160 --> 00:27:03.040 really helpful. You know, that in and of itself, extremely 505 00:27:03.040 --> 00:27:06.360 valuable guys like that. That's a golden nugget right there. You 506 00:27:06.360 --> 00:27:08.640 can be the best coach in the world. But if you don't find a 507 00:27:08.640 --> 00:27:11.640 way to put that thing into some kind of embodiment for somebody 508 00:27:11.640 --> 00:27:16.120 to grab onto and to use it when they're not next to you. You're 509 00:27:16.120 --> 00:27:21.400 basically good at speaking. Right? And you're good at 510 00:27:21.400 --> 00:27:23.760 making people feel good in the moment. But you also want to 511 00:27:23.760 --> 00:27:26.360 give them something. You know, that form that I gave you on 512 00:27:26.360 --> 00:27:30.600 day one, that has all these different embodiments of ideas, 513 00:27:30.640 --> 00:27:33.920 and you just go straight up. And oh, that's a trademark. That's 514 00:27:33.920 --> 00:27:37.600 a trade secret. That's a patent. That's a copyright. Everybody 515 00:27:37.600 --> 00:27:41.240 wants that form. People are literally like trying to get 516 00:27:41.240 --> 00:27:44.640 that form from people that are in the challenge. And I've 517 00:27:44.640 --> 00:27:48.600 forbidden it. I said, Look, if I find out that one copy, a 518 00:27:48.600 --> 00:27:54.320 single copy of my form is extended to other members. 519 00:27:54.600 --> 00:27:56.760 That's copyright infringement. And I'm going after those 520 00:27:56.760 --> 00:28:01.520 people. Because I have to protect what I'm releasing. 521 00:28:01.720 --> 00:28:05.080 Because if somebody else modifies that, like, why is that 522 00:28:05.080 --> 00:28:07.280 important? You might think, well, Peter, why is that so 523 00:28:07.280 --> 00:28:10.280 important? Now I'm starting to talk like Pedro. Well, Pedro, 524 00:28:10.280 --> 00:28:12.600 why is this so important? So yeah, I'm like, Peter, why is 525 00:28:12.600 --> 00:28:15.760 that so important? Okay, let me tell you why it's important. If 526 00:28:15.760 --> 00:28:22.000 somebody puts the word sculpture under patents, you now make a 527 00:28:22.000 --> 00:28:25.240 huge mistake thinking that you can protect your sculptures on 528 00:28:25.240 --> 00:28:27.520 their patents, and you're looking at the statutory bars 529 00:28:27.520 --> 00:28:30.440 for sculptures, and you don't think anything's protectable 530 00:28:30.440 --> 00:28:34.080 right now. So you've asked the fact that they have modified 531 00:28:34.080 --> 00:28:40.840 what I created, has has been detrimental to the public. 532 00:28:41.480 --> 00:28:46.000 Because it's not correct. See, when we receive ideas to be good 533 00:28:46.000 --> 00:28:48.960 stewards of those ideas, we have to make sure we maintain the 534 00:28:48.960 --> 00:28:53.360 authenticity of those ideas. That's vital. Because if you 535 00:28:53.360 --> 00:28:56.600 don't maintain the authenticity of it, people can get confused, 536 00:28:56.600 --> 00:28:59.760 they can get misguided. The enemy doesn't create anything. 537 00:29:00.040 --> 00:29:05.360 He's a counterfeiter. So what happens? God says lay hands on 538 00:29:05.360 --> 00:29:09.640 the sick, and they'll be healed, right? So what does the enemy do? 539 00:29:10.240 --> 00:29:12.800 Well, there's this energy transfer thing, and you get this 540 00:29:12.800 --> 00:29:16.520 new age technology stuff, or this new age industry thing, and 541 00:29:16.520 --> 00:29:19.960 like, I'm going to like move your like, there's these 542 00:29:19.960 --> 00:29:22.680 different zones in your body, and I'm going to move the energy 543 00:29:22.680 --> 00:29:25.880 from here into this zone, and that energy to that zone. I 544 00:29:25.880 --> 00:29:29.080 don't know who's telling me to do what I'm not even talking to 545 00:29:29.080 --> 00:29:32.600 Jesus or to God, I'm just gonna move things around because they 546 00:29:32.600 --> 00:29:36.600 feel right. So like your heart chakra, I'm going to move to 547 00:29:36.600 --> 00:29:40.240 your brain chakra to your belly chakra to this and like, you 548 00:29:40.240 --> 00:29:42.880 know, today, I think you're thinking through your belly too 549 00:29:42.880 --> 00:29:46.080 much. I'm going to move that up to your brain. That energy 550 00:29:46.080 --> 00:29:48.560 really needs to move up there. Now I'm not doubting that energy 551 00:29:48.560 --> 00:29:52.080 exists. I'm an electrical engineer. I know energy exists. 552 00:29:52.520 --> 00:29:55.880 I have zero doubt that energy exists. I can feel energy when 553 00:29:55.880 --> 00:29:58.920 I'm near people, because I'm a healer too. So I could put my 554 00:29:58.920 --> 00:29:59.840 hand near you and 555 00:30:00.000 --> 00:30:06.040 feel things. Okay. I know that. But who told you to move the 556 00:30:06.040 --> 00:30:10.480 energy from that's around the heart area into the belly? And 557 00:30:10.480 --> 00:30:14.880 who told you how much to move? And who told you like, the 558 00:30:14.880 --> 00:30:18.680 energy that's in the head needs to go near the throat? Like who? 559 00:30:19.120 --> 00:30:25.440 Who told you that? Like, like, who's guiding you? If God's not 560 00:30:25.440 --> 00:30:28.800 telling you what to do, you got a big problem. And I don't want 561 00:30:28.800 --> 00:30:33.120 you near me. Because you may be moving the quote unquote energy 562 00:30:33.120 --> 00:30:36.720 that's supposed to help my throat into my belly. And I get 563 00:30:36.720 --> 00:30:39.800 a bellyache. I don't know what the deal is. But the fact is, I 564 00:30:39.800 --> 00:30:44.000 work with Jesus, I lay hands, everything is healed. All right. 565 00:30:44.040 --> 00:30:46.440 And I don't even need to lay hands. That's a long answer to 566 00:30:46.440 --> 00:30:50.520 that question. Let me move on. So so the whole point being just 567 00:30:50.520 --> 00:30:54.560 so you understand, the whole point of this is you are 568 00:30:54.560 --> 00:30:58.600 creators, right? God is the creator, you are creators, you 569 00:30:58.600 --> 00:31:01.040 wonderfully and fearfully made in his image. So you are a 570 00:31:01.040 --> 00:31:05.360 creator as well. Okay? No, sir, that should be no surprise to 571 00:31:05.360 --> 00:31:09.200 that, that you're a creator. All right. So now you need to 572 00:31:09.200 --> 00:31:13.440 protect the creation, the things that you're creating. And the 573 00:31:13.440 --> 00:31:16.560 way to do that is to find the best embodiment of it that's 574 00:31:16.560 --> 00:31:19.960 most effective, that's more powerful, that have the most 575 00:31:19.960 --> 00:31:24.920 punch and most impact. So people will want you. That's your job. 576 00:31:25.480 --> 00:31:30.360 And that embodiment is protected bull by copyright law, or patent 577 00:31:30.360 --> 00:31:35.800 law, or trademark law. That's where IP comes in. Okay, that 578 00:31:35.800 --> 00:31:38.800 helpful. I know that was a long explanation. I just want to make 579 00:31:38.800 --> 00:31:40.960 sure that was helpful for everybody. So that's what you 580 00:31:40.960 --> 00:31:43.280 should be looking for as coaches. Bonnie, what's up? 581 00:31:43.600 --> 00:31:47.280 Mine's I kind of a similar area. So that's why I wanted to follow 582 00:31:47.280 --> 00:31:54.600 up with that. So working with women teaching two books from 583 00:31:54.600 --> 00:32:01.720 the same author. It's about in and I'm going to be I do it, you 584 00:32:01.720 --> 00:32:05.640 know, over weeks, and we use the book and read the book and all 585 00:32:05.640 --> 00:32:10.480 of that. It's now part of a program. And there were talking 586 00:32:10.480 --> 00:32:14.960 about copywriting the program and the program will get money 587 00:32:14.960 --> 00:32:20.920 in. So is what I'm doing using somebody else's book 588 00:32:20.920 --> 00:32:24.720 copyrightable? Number one, is it legal even to do that if 589 00:32:24.720 --> 00:32:27.200 they're getting money without talking to the author? 590 00:32:29.000 --> 00:32:33.520 Alright, so let me back up first. So you're going to be 591 00:32:33.520 --> 00:32:37.440 using content or let's say theoretically, someone is using 592 00:32:37.440 --> 00:32:40.920 content from a book. Yes. In their presentation. 593 00:32:41.200 --> 00:32:46.200 And like it's the whole eight, eight series of talks and 594 00:32:46.200 --> 00:32:46.600 training. 595 00:32:46.600 --> 00:32:49.440 There's a discussion that's taking place about a book. 596 00:32:49.600 --> 00:32:56.280 Yes. Okay. So this is a very interesting area. Because if you 597 00:32:56.280 --> 00:33:00.400 look, there's videos out there to talk about, like Microsoft 598 00:33:00.400 --> 00:33:03.960 Excel, and somebody does training on how to use 599 00:33:03.960 --> 00:33:09.080 Microsoft Excel, right. But they're not committing copyright 600 00:33:09.080 --> 00:33:11.160 infringement, right? Because they're not like, they're not 601 00:33:11.160 --> 00:33:15.000 sitting there reading the manual. They're talking about 602 00:33:15.000 --> 00:33:17.760 the manual, but they're not reading the manual. The 603 00:33:17.760 --> 00:33:22.120 difference between talking about the manual, and saying, 604 00:33:22.120 --> 00:33:24.280 you know, page one of this manual, there really isn't that 605 00:33:24.280 --> 00:33:28.920 great, it kind of talks about turning on your computer. And it 606 00:33:28.920 --> 00:33:31.440 says you should find the button in the front of your computer. 607 00:33:31.440 --> 00:33:33.760 But a lot of computers don't have buttons in the front 608 00:33:33.760 --> 00:33:37.800 anymore, they're on the top. And so that's kind of so kind of 609 00:33:37.800 --> 00:33:40.320 confusing. So that's just kind of talking about the manual, 610 00:33:40.320 --> 00:33:46.440 that's fine. But if I'm like, page one, turn on computer, find 611 00:33:46.440 --> 00:33:50.080 button in the front panel of computer, press the button. 612 00:33:50.320 --> 00:33:53.760 That's copyright infringement. Okay, I'm reading the language 613 00:33:53.800 --> 00:33:58.840 of the manual. Okay, word for word, right? Now, I've seen 614 00:33:58.840 --> 00:34:03.280 people doing something that is very interesting, which is, they 615 00:34:03.280 --> 00:34:07.800 have a book, and they're doing like a book study. Right? I see 616 00:34:07.800 --> 00:34:11.960 this all the time. Yeah. And the book study is, today, we're 617 00:34:11.960 --> 00:34:17.080 going to read chapter one, and talk about chapter one. The best 618 00:34:17.080 --> 00:34:20.000 way to do like book studies is to have people read the book on 619 00:34:20.000 --> 00:34:23.760 their own. Yeah, come together and talk about the book. Right? 620 00:34:24.280 --> 00:34:29.199 As opposed to chapter one, once upon a time, there was a girl 621 00:34:29.199 --> 00:34:31.960 named Dorothy and Dorothy, but like, that's copyright 622 00:34:31.960 --> 00:34:35.880 infringement. Okay. So that's, that's where we got to be 623 00:34:35.880 --> 00:34:40.199 careful. And if we're ever kind of really concerned, I mean, 624 00:34:40.199 --> 00:34:43.239 I've had situations where people have just reached out to 625 00:34:43.239 --> 00:34:46.679 the author and said, Hey, we're doing a book study on your book. 626 00:34:46.719 --> 00:34:49.400 We'd love to have you and here's the best thing. We'd love to 627 00:34:49.400 --> 00:34:53.440 have you as a guest. You know, we've got a group of 20 people. 628 00:34:54.280 --> 00:34:57.760 You know, it's not a major event, but we're not charging 629 00:34:57.760 --> 00:35:00.080 anything for it. We're doing a book study. We love your book. 630 00:35:00.000 --> 00:35:02.320 We all bought your book. 631 00:35:02.320 --> 00:35:03.880 So everybody has a copy of your book. 632 00:35:03.880 --> 00:35:06.060 We'd love you to come on day three 633 00:35:06.060 --> 00:35:08.120 to kind of give a little background 634 00:35:08.120 --> 00:35:11.640 about why you wrote the book and what you were thinking. 635 00:35:11.640 --> 00:35:14.080 And then in that communication, 636 00:35:14.080 --> 00:35:16.160 you know, this is how you lead with the cherry, right? 637 00:35:16.160 --> 00:35:19.160 It's like, it's like leading the meal with the dessert. 638 00:35:19.160 --> 00:35:20.400 It's like, you start out by that. 639 00:35:20.400 --> 00:35:21.220 Love your book. 640 00:35:21.220 --> 00:35:22.560 We all bought copies. 641 00:35:22.560 --> 00:35:23.980 That's what they want to hear. 642 00:35:23.980 --> 00:35:25.400 We all bought copies. 643 00:35:25.400 --> 00:35:27.760 Now they know that they made money off of you, right? 644 00:35:27.760 --> 00:35:28.600 Yeah, okay. 645 00:35:28.600 --> 00:35:32.080 Now the next thing is, okay, you all bought copies. 646 00:35:32.080 --> 00:35:35.600 Now we're gonna be discussing your book. 647 00:35:35.600 --> 00:35:36.880 And in discussing your book, 648 00:35:36.880 --> 00:35:38.840 we'd love for you to stop by on day three 649 00:35:38.840 --> 00:35:40.200 if you're available, 650 00:35:40.200 --> 00:35:42.400 just kind of talk about what was your inspiration 651 00:35:42.400 --> 00:35:43.280 in writing the book. 652 00:35:43.280 --> 00:35:45.320 And when they say no and say, okay, well, great. 653 00:35:45.320 --> 00:35:47.280 You know, just want to let you know 654 00:35:47.280 --> 00:35:48.320 that we were doing this. 655 00:35:48.320 --> 00:35:50.400 We just want to honor you. 656 00:35:50.400 --> 00:35:51.960 We thought it was a great book. 657 00:35:53.220 --> 00:35:55.520 And, you know, I would shoot them an email just saying, 658 00:35:55.520 --> 00:35:59.440 hey, just confirming that, you know, we spoke, 659 00:35:59.440 --> 00:36:02.440 we gave you the invitation if you wanted to stop by 660 00:36:02.440 --> 00:36:05.240 on day three in our book study. 661 00:36:05.240 --> 00:36:06.200 You know, thanks. 662 00:36:06.200 --> 00:36:07.680 You know, we all purchased your books 663 00:36:07.680 --> 00:36:08.840 and we think it's great. 664 00:36:08.840 --> 00:36:11.520 We're looking forward to discussing your book going forward. 665 00:36:11.520 --> 00:36:12.440 You know what I mean? 666 00:36:12.440 --> 00:36:15.200 That's pretty incredibly safe. 667 00:36:15.200 --> 00:36:19.160 Yeah, this program now will be, 668 00:36:19.160 --> 00:36:21.600 the ladies attending it will be charged money 669 00:36:21.600 --> 00:36:23.220 for the whole program. 670 00:36:23.220 --> 00:36:26.180 The book studies that are going to be happening 671 00:36:26.180 --> 00:36:28.900 are only part of the program. 672 00:36:28.900 --> 00:36:31.420 But, and in that book study, 673 00:36:31.420 --> 00:36:35.480 the idea has been to take like a sentence or a phrase. 674 00:36:35.480 --> 00:36:40.340 So you're giving credit to that part of the, 675 00:36:40.340 --> 00:36:41.800 that's from the book. 676 00:36:41.800 --> 00:36:44.620 And then the discussion is add on information 677 00:36:44.620 --> 00:36:46.580 developing that sentence. 678 00:36:46.580 --> 00:36:47.420 So. 679 00:36:47.420 --> 00:36:48.680 That's pretty interesting. 680 00:36:48.680 --> 00:36:49.520 Yeah. 681 00:36:49.520 --> 00:36:53.840 So that, with the fact that there would be money charged, 682 00:36:53.840 --> 00:36:54.680 is that a problem? 683 00:36:54.680 --> 00:36:58.040 I mean, the author is very well known. 684 00:36:58.040 --> 00:37:01.520 So it's not like a chat with the author is gonna happen. 685 00:37:01.520 --> 00:37:02.480 Yeah, right, right. 686 00:37:02.480 --> 00:37:04.160 And that happens too, right? 687 00:37:04.160 --> 00:37:06.480 So although you'd be surprised 688 00:37:06.480 --> 00:37:08.400 just how some of these guys 689 00:37:08.400 --> 00:37:09.640 would just make themselves available. 690 00:37:09.640 --> 00:37:11.400 I was amazed when I, 691 00:37:11.400 --> 00:37:13.520 one of my friends reached out to an author 692 00:37:13.520 --> 00:37:15.320 and the author was like, I'll be there. 693 00:37:15.320 --> 00:37:16.560 I was like, what? 694 00:37:16.560 --> 00:37:17.760 Are you serious? 695 00:37:17.760 --> 00:37:19.080 I was like, yep, they just showed up. 696 00:37:19.680 --> 00:37:20.520 So it's pretty amazing. 697 00:37:20.520 --> 00:37:22.720 But if what you're doing 698 00:37:22.720 --> 00:37:25.200 is you're taking one line of a book, 699 00:37:25.200 --> 00:37:26.480 if that's what I'm doing, 700 00:37:26.480 --> 00:37:28.200 and I'm taking one line of a book, 701 00:37:29.320 --> 00:37:32.320 and we're just kind of discussing what's in there 702 00:37:32.320 --> 00:37:34.100 and it's a training on that. 703 00:37:35.160 --> 00:37:36.720 I mean, copyright infringement comes down 704 00:37:36.720 --> 00:37:38.720 to the essence of the copyright, right? 705 00:37:38.720 --> 00:37:39.560 Yeah, okay. 706 00:37:39.560 --> 00:37:40.900 One line of a book, 707 00:37:40.900 --> 00:37:44.040 the chances of copyright infringement are pretty darn low. 708 00:37:44.040 --> 00:37:44.880 Okay. 709 00:37:44.880 --> 00:37:45.760 If it's one line, 710 00:37:45.760 --> 00:37:48.640 I'm not saying go do it or don't do it. 711 00:37:49.200 --> 00:37:51.360 I'm just saying it's pretty low 712 00:37:51.360 --> 00:37:56.160 if I'm taking one line of Macbeth. 713 00:37:56.160 --> 00:37:57.000 Yeah. 714 00:37:57.000 --> 00:37:58.680 Right, I'm taking the book Macbeth. 715 00:37:58.680 --> 00:38:01.360 We're all gonna discuss this line of Macbeth, 716 00:38:02.560 --> 00:38:07.320 0.000095 chance of copyright infringement. 717 00:38:07.320 --> 00:38:08.160 Yeah. 718 00:38:08.160 --> 00:38:11.640 Because we're just, 719 00:38:11.640 --> 00:38:13.360 we're working on that content, 720 00:38:13.360 --> 00:38:16.720 but we're not like speaking it out loud 721 00:38:16.720 --> 00:38:18.240 and making money based on that. 722 00:38:18.800 --> 00:38:19.640 That's good. 723 00:38:19.640 --> 00:38:21.560 It's pretty far detached. 724 00:38:21.560 --> 00:38:24.040 You know, so that's not, again, not legal advice. 725 00:38:24.040 --> 00:38:25.240 No, that's good. 726 00:38:25.240 --> 00:38:27.600 I have a question about a former English teacher 727 00:38:27.600 --> 00:38:29.160 for piles of years. 728 00:38:29.160 --> 00:38:34.160 If that pastor had credited and told the source of that- 729 00:38:34.320 --> 00:38:35.680 Doesn't matter. 730 00:38:35.680 --> 00:38:37.120 He still can't, 731 00:38:37.120 --> 00:38:39.340 he can't do a quote out of permission, 732 00:38:39.340 --> 00:38:41.520 without permission, publicly? 733 00:38:41.520 --> 00:38:42.440 People believe that, 734 00:38:42.440 --> 00:38:44.800 I don't know where that came from. 735 00:38:44.800 --> 00:38:45.800 People believe that, 736 00:38:45.800 --> 00:38:47.800 oh, I can commit copyright infringement, 737 00:38:48.400 --> 00:38:51.400 as long as I tell people it's okay. 738 00:38:51.400 --> 00:38:52.920 It's like, I mean, think about this. 739 00:38:52.920 --> 00:38:54.680 I break into a bank, 740 00:38:54.680 --> 00:38:56.400 I steal all the money, 741 00:38:56.400 --> 00:38:58.480 then I, you know, I kind of feel bad. 742 00:38:58.480 --> 00:39:00.520 So I publish an article the next day and say, 743 00:39:00.520 --> 00:39:03.760 I, Peter Nieves, stole the money. 744 00:39:03.760 --> 00:39:05.120 I just want to make sure everybody knows 745 00:39:05.120 --> 00:39:07.800 that I stole the money from Bank of America 746 00:39:07.800 --> 00:39:10.120 on the corner of Main Street and State Street, 747 00:39:10.120 --> 00:39:12.040 but we should be all set now 748 00:39:12.040 --> 00:39:14.000 because I've admitted it, 749 00:39:14.000 --> 00:39:15.160 everybody knows, 750 00:39:15.200 --> 00:39:19.240 and I've given credit for the $7 million that I stole. 751 00:39:19.240 --> 00:39:21.080 So we should be fine. 752 00:39:21.080 --> 00:39:22.040 Interesting. 753 00:39:22.040 --> 00:39:26.760 No, that giving credit does not remove infringement. 754 00:39:28.600 --> 00:39:31.360 In fact, what it does is it makes you a target. 755 00:39:31.360 --> 00:39:32.200 Yeah. 756 00:39:32.200 --> 00:39:33.040 Well, what should they do? 757 00:39:33.040 --> 00:39:34.880 Should they just say, read this book? 758 00:39:34.880 --> 00:39:36.360 I recommend you read this person's book 759 00:39:36.360 --> 00:39:39.280 because I got some good content out of it 760 00:39:39.280 --> 00:39:41.280 and I'm gonna talk to you more. 761 00:39:41.280 --> 00:39:42.120 They could do that, yeah. 762 00:39:42.120 --> 00:39:44.440 I mean, so there's the legal issue 763 00:39:44.440 --> 00:39:46.120 and then there's a practical issue, right? 764 00:39:46.120 --> 00:39:47.920 There's like real life. 765 00:39:47.920 --> 00:39:51.400 I mean, you can look at the black and white law, 766 00:39:51.400 --> 00:39:54.120 the letter of the law, 767 00:39:54.120 --> 00:39:55.880 and then you can also look and say, 768 00:39:55.880 --> 00:39:57.320 okay, what's practical here? 769 00:39:57.320 --> 00:40:00.080 Okay, so I'm gonna do a, I mean. 770 00:40:00.000 --> 00:40:02.980 Look at teaching in educational institutions. 771 00:40:02.980 --> 00:40:05.180 They assign books. 772 00:40:05.180 --> 00:40:07.040 The students now go read the books. 773 00:40:07.040 --> 00:40:08.400 And then they come in 774 00:40:08.400 --> 00:40:10.480 and they talk about different chapters of the book. 775 00:40:10.480 --> 00:40:13.000 And they talk about the language of the book. 776 00:40:13.000 --> 00:40:15.400 Like there's no copyright infringement issue there. 777 00:40:15.400 --> 00:40:17.280 Everybody has the book. 778 00:40:17.280 --> 00:40:20.320 Now people are paying the university, right? 779 00:40:20.320 --> 00:40:22.740 But what they're not doing is standing in the class 780 00:40:22.740 --> 00:40:25.480 and just reading the book every single day. 781 00:40:25.480 --> 00:40:28.080 That's, although there are some bad teachers that do that. 782 00:40:28.080 --> 00:40:30.440 They don't actually teach you Jack or Jill. 783 00:40:30.440 --> 00:40:32.960 They just keep reading all day, right? 784 00:40:32.960 --> 00:40:34.680 That's actually copyright infringement. 785 00:40:34.680 --> 00:40:35.960 So if you're ever in a class 786 00:40:35.960 --> 00:40:37.760 and that's all the teacher is doing, 787 00:40:37.760 --> 00:40:39.480 you can tell them, you need to cut this out. 788 00:40:39.480 --> 00:40:40.600 That's copyright infringement. 789 00:40:40.600 --> 00:40:43.440 I want you to do your job and teach me something instead. 790 00:40:44.720 --> 00:40:45.800 Let me see if- 791 00:40:45.800 --> 00:40:46.640 Thank you. 792 00:40:46.640 --> 00:40:47.600 You're so welcome. 793 00:40:47.600 --> 00:40:48.880 Yeah. 794 00:40:48.880 --> 00:40:50.720 Let me look at, 795 00:40:52.080 --> 00:40:53.240 where did Larissa go? 796 00:40:53.240 --> 00:40:54.400 Did she leave? 797 00:40:54.400 --> 00:40:56.220 Larissa, did you have a question? 798 00:40:56.220 --> 00:40:57.680 I thought she had a question. 799 00:40:59.080 --> 00:41:00.320 You got to unmute. 800 00:41:01.320 --> 00:41:02.160 Yeah, I did. 801 00:41:03.800 --> 00:41:06.800 It was so far back in the music realm. 802 00:41:08.200 --> 00:41:09.600 It was, we'd left it. 803 00:41:09.600 --> 00:41:11.240 You want to ask it or you're not? 804 00:41:12.280 --> 00:41:16.020 Well, it puts a pin in this conversation. 805 00:41:16.880 --> 00:41:19.280 I'm a musician and sometimes, you know, 806 00:41:19.280 --> 00:41:22.400 I record stuff and the singing or whatever comes up with it. 807 00:41:22.400 --> 00:41:25.280 Cause I flow and I really get something 808 00:41:25.280 --> 00:41:26.440 that sticks in there. 809 00:41:26.440 --> 00:41:29.360 And like, I kind of know the realm Holly's in, 810 00:41:29.360 --> 00:41:30.920 but I can't speak for her. 811 00:41:32.200 --> 00:41:34.600 And I hear what you say about the lyrics, 812 00:41:34.600 --> 00:41:39.600 but it made me think of like the whole Danella Ice thing. 813 00:41:40.520 --> 00:41:45.520 That music beat, that two seconds was worth millions. 814 00:41:47.040 --> 00:41:47.880 Yeah. 815 00:41:47.880 --> 00:41:51.520 So like, I don't, that makes me say like, 816 00:41:51.520 --> 00:41:54.480 the music is very important that, you know, 817 00:41:54.480 --> 00:41:55.320 if it's Holly or if it's- 818 00:41:55.760 --> 00:41:58.880 The question is like, when I asked Holly, 819 00:41:58.880 --> 00:42:01.840 I asked her, did she create the music or the words? 820 00:42:01.840 --> 00:42:03.080 She said the words. 821 00:42:03.080 --> 00:42:06.560 So she can't follow a copyright application for the music 822 00:42:06.560 --> 00:42:09.880 if she didn't do the musical background. 823 00:42:09.880 --> 00:42:11.400 Yeah, I heard her say both. 824 00:42:11.400 --> 00:42:13.680 Like this is her whole creation. 825 00:42:13.680 --> 00:42:14.520 Yeah. 826 00:42:14.520 --> 00:42:15.640 Hold on Larissa, hold on. 827 00:42:15.640 --> 00:42:16.840 Holly, are you there? 828 00:42:16.840 --> 00:42:18.120 Yes. 829 00:42:18.120 --> 00:42:21.000 Are you creating the musical part 830 00:42:21.000 --> 00:42:23.320 and the words or just the words? 831 00:42:23.320 --> 00:42:28.320 It's like, okay, sometimes it's just a melody to scripture. 832 00:42:28.600 --> 00:42:30.000 So the words I didn't make up 833 00:42:30.000 --> 00:42:33.080 and sometimes it's my own songs and melody together. 834 00:42:34.800 --> 00:42:36.600 Okay, I'll make it very clear. 835 00:42:36.600 --> 00:42:38.680 My own lyrics and my own melody, 836 00:42:38.680 --> 00:42:41.480 my own original melody and my own original lyrics. 837 00:42:41.480 --> 00:42:43.480 I just, I'll make it very clear. 838 00:42:43.480 --> 00:42:48.120 If it's the musical part, there's a copyright for that. 839 00:42:48.120 --> 00:42:51.880 If it's the lyric part, there's a copyright for that, okay? 840 00:42:51.880 --> 00:42:52.920 When you say melody, 841 00:42:52.920 --> 00:42:57.800 melody to me can be saying words with a certain tone, 842 00:42:57.800 --> 00:42:58.640 all right? 843 00:42:58.640 --> 00:43:02.720 So as opposed to like, what do you call it? 844 00:43:02.720 --> 00:43:03.960 Instruments. 845 00:43:03.960 --> 00:43:05.160 When you say the word melody, 846 00:43:05.160 --> 00:43:08.040 cause I hear people talking in a melodious way 847 00:43:08.040 --> 00:43:10.720 and they're not using any kind of instruments 848 00:43:10.720 --> 00:43:11.680 in the background. 849 00:43:11.680 --> 00:43:13.120 Exactly, that's what I mean. 850 00:43:13.120 --> 00:43:14.520 Only vocal. 851 00:43:14.520 --> 00:43:17.280 So it's all vocal with no, hold it. 852 00:43:17.280 --> 00:43:19.200 Larissa, this is her point. 853 00:43:19.200 --> 00:43:20.920 So let her finish, right? 854 00:43:21.360 --> 00:43:24.840 So if it's a melodious way of saying something, 855 00:43:24.840 --> 00:43:26.760 which is what Holly is saying 856 00:43:26.760 --> 00:43:29.840 with no instruments in the background, 857 00:43:29.840 --> 00:43:33.120 then what I would be doing is you can do multiple things. 858 00:43:33.120 --> 00:43:36.320 You can protect the words alone 859 00:43:36.320 --> 00:43:40.360 and you can protect that melodious way of doing it, 860 00:43:40.360 --> 00:43:42.920 which essentially is kind of like music, right? 861 00:43:42.920 --> 00:43:44.880 The tune, the tune of it. 862 00:43:44.880 --> 00:43:46.480 The tune, thank you, yeah. 863 00:43:46.480 --> 00:43:48.120 So you can use that for those, 864 00:43:48.120 --> 00:43:51.520 for those non-musically inclined individuals like myself 865 00:43:51.520 --> 00:43:54.360 who are not gifted like you and folks. 866 00:43:54.360 --> 00:43:57.800 So you can protect the melodious way of doing it 867 00:43:57.800 --> 00:43:59.960 as a musical work, 868 00:43:59.960 --> 00:44:04.120 but then you can protect the words alone as a, 869 00:44:06.000 --> 00:44:07.240 I told you earlier a few times. 870 00:44:07.240 --> 00:44:08.680 Literary, yeah. 871 00:44:08.680 --> 00:44:10.680 As a literary work, those would be the lyrics. 872 00:44:10.680 --> 00:44:13.640 All right, so now I'm gonna drop off of Holly 873 00:44:13.640 --> 00:44:14.840 and I'll go back to Larissa. 874 00:44:14.840 --> 00:44:17.680 So Larissa, talk about your situation. 875 00:44:17.680 --> 00:44:18.800 What's your question? 876 00:44:21.560 --> 00:44:22.760 Do you have a question? 877 00:44:26.120 --> 00:44:29.160 I think that that covers it. 878 00:44:29.160 --> 00:44:31.760 The voice, I mean, I was a music major. 879 00:44:31.760 --> 00:44:33.720 Your voice is an instrument. 880 00:44:34.640 --> 00:44:36.400 Awesome, you wanna go deep into, 881 00:44:36.400 --> 00:44:40.840 you wanna go deep into like the way I sound in music. 882 00:44:40.840 --> 00:44:41.680 Got it. 883 00:44:41.680 --> 00:44:42.520 It makes sense. 884 00:44:42.520 --> 00:44:43.480 Well, absolutely. 885 00:44:43.480 --> 00:44:44.800 Yeah, absolutely. 886 00:44:44.800 --> 00:44:45.840 You have a recording. 887 00:44:45.840 --> 00:44:47.000 Yeah, the recording. 888 00:44:47.280 --> 00:44:48.960 You're the copyright lawyer, 889 00:44:48.960 --> 00:44:50.880 but like how she puts it out there, 890 00:44:50.880 --> 00:44:53.680 cause like how many different ways can we sing hallelujah? 891 00:44:55.520 --> 00:44:56.360 As many people as there are. 892 00:44:56.360 --> 00:44:57.920 I think we've covered it though, right? 893 00:44:57.920 --> 00:45:00.280 We talked about the words in a literary. 894 00:45:00.000 --> 00:45:06.000 work. We've talked about it. If it's in a melodious way, then that can be filed as a musical work, 895 00:45:06.000 --> 00:45:11.280 right? But what you guys need to understand is that if there's instruments involved, 896 00:45:11.280 --> 00:45:15.520 that is a musical work. I don't care how you're saying it. If there's instruments, 897 00:45:15.520 --> 00:45:22.800 that is a musical work, period. People have played instruments to say words, 898 00:45:22.800 --> 00:45:31.280 literally. I've seen that, where they're saying words with instruments, okay? That's still a 899 00:45:31.280 --> 00:45:35.760 musical work. It's not a literary work, even if you're saying words with the instruments. 900 00:45:36.880 --> 00:45:41.280 Think of synthesizers. Think of other things like that. I don't want to go too deep into 901 00:45:41.280 --> 00:45:47.840 that part alone, because I know there's a lot of other stuff. Let me unpin, move that. 902 00:45:47.920 --> 00:45:50.800 All right. Who else had a question? Let's go to Helene. 903 00:45:53.200 --> 00:46:01.600 Hi. NASA sent me images about 30 years ago that I could combine with my own photography. 904 00:46:02.160 --> 00:46:07.840 At that point, I was under the impression, or they told me, but I can't find the documentation, 905 00:46:07.840 --> 00:46:14.480 that this was public domain, because we paid for it with our taxes. That was the exact phrase 906 00:46:14.480 --> 00:46:26.800 that I got from them. Now, when you read their site, they say they don't want their work, 907 00:46:26.800 --> 00:46:34.640 their images, even though it's from NASA, or the Hubble, or the James Webb Space Telescope, 908 00:46:35.280 --> 00:46:46.000 to be used in NFTs. Now, I've got all this stuff I'm ready to put out there as NFTs. 909 00:46:48.480 --> 00:46:54.880 They say, we would prefer that it not be used in NFTs. I think I posted that in the group, 910 00:46:54.880 --> 00:46:59.600 or maybe it was in an email for you. They said prefer, though. 911 00:46:59.600 --> 00:47:04.400 Something like that. We would rather you not use these in NFTs. 912 00:47:04.800 --> 00:47:07.680 They didn't say, you can't do it. They said, we prefer. 913 00:47:07.680 --> 00:47:13.200 Yeah. That's why I think I copy and pasted what they said when I asked them. 914 00:47:13.200 --> 00:47:16.160 This is why you guys want to email me the email. 915 00:47:16.160 --> 00:47:18.240 Okay. I can do that. 916 00:47:18.240 --> 00:47:20.240 Let me pull it up on the Facebook group. Hold on. 917 00:47:22.320 --> 00:47:28.640 Because when you guys email it to me, it goes directly into the directory. Let me look for 918 00:47:28.640 --> 00:47:31.200 your name. This is a while back. It wasn't- 919 00:47:31.200 --> 00:47:34.800 That's all right. I can look up your name very easily. There we go. 920 00:47:37.200 --> 00:47:38.560 I can see all the posts from you. 921 00:47:41.120 --> 00:47:41.620 Uh-oh. 922 00:47:43.600 --> 00:47:44.160 It's okay. 923 00:47:53.680 --> 00:47:58.080 I don't see it in here. If it's in the protection portal, it's not here. 924 00:47:58.720 --> 00:48:00.960 Uh, well- 925 00:48:00.960 --> 00:48:06.960 But in any case, what you're saying is originally they said these are public images. Now they're 926 00:48:06.960 --> 00:48:14.080 saying we prefer you don't use these images in NFTs, right? Technically, the party who actually 927 00:48:14.080 --> 00:48:20.400 made... All right. This begs a important question. What if somebody granted a license to somebody, 928 00:48:20.400 --> 00:48:25.760 and then they revoke it? Okay. What if somebody said, you know what? 929 00:48:28.080 --> 00:48:35.920 You can use these pictures, and then you perform an action based on that permission, 930 00:48:36.880 --> 00:48:41.040 but then later they revoke the permission, the agreement, right? 931 00:48:44.160 --> 00:48:49.520 This is a really dangerous area of the law, all right? Because there's a defense that I would 932 00:48:49.520 --> 00:48:54.240 have. If somebody did that, my defense would be, look, I performed specific actions based on your 933 00:48:54.320 --> 00:49:00.880 statements, and so now you're removing that permission that you gave me, and that's resulting 934 00:49:00.880 --> 00:49:06.000 in the infringement. That's basically like a bait and switch. It's like what used to be called 935 00:49:06.000 --> 00:49:12.640 submarine patents. I'm going to get a patent, then I refile it, then I wait till the patent's 936 00:49:12.640 --> 00:49:16.160 going to issue again, and I refile it, then I wait till the patent's going to issue again, 937 00:49:16.160 --> 00:49:21.200 and I refile it. Some people might go, well, why do you do that? Because the law used to be that 938 00:49:21.200 --> 00:49:28.320 a patent lasted for 17 years from issuance. They changed it to be 20 years from filing. 939 00:49:29.360 --> 00:49:33.760 So what people would do is they would wait till the patent's going to issue, and they'd refile it 940 00:49:33.760 --> 00:49:39.600 if a lot of people weren't doing what's in the patent yet. That was called a submarine patent 941 00:49:39.600 --> 00:49:44.720 because the patent did an issue. It was ready to come up for issuance. The patent office said it's 942 00:49:44.720 --> 00:49:51.280 allowed. I withdraw my allowance, and I refile it as a continuation, thereby maintaining the 943 00:49:51.280 --> 00:49:57.040 original filing date, and then I look when it's going to issue again, and I see, oh, Apple is 944 00:49:57.040 --> 00:50:00.080 starting to use this kind of technology. That means in a few years, they're going to get rid of 945 00:50:00.000 --> 00:50:01.860 They're really gonna use it a lot. 946 00:50:00.080 --> 00:50:00.080 947 00:50:01.860 --> 00:50:05.440 I'm gonna refile it again, have the same filing date. 948 00:50:05.440 --> 00:50:07.900 And then Apple's got like a lot of money into it. 949 00:50:07.900 --> 00:50:10.940 Now I let the patent issue and now I hit them. 950 00:50:10.940 --> 00:50:12.780 And the government said enough of that. 951 00:50:12.780 --> 00:50:14.140 That's called submarine patents. 952 00:50:14.140 --> 00:50:14.980 We're getting rid of it. 953 00:50:14.980 --> 00:50:16.720 You can't do it anymore. 954 00:50:16.720 --> 00:50:20.060 So they create, basically they changed the law 955 00:50:20.060 --> 00:50:22.340 and they said, now you have a patent 956 00:50:22.340 --> 00:50:24.980 for 17 years from issuance period. 957 00:50:24.980 --> 00:50:26.220 That's it. 958 00:50:26.220 --> 00:50:27.340 Okay, that's it. 959 00:50:27.340 --> 00:50:31.220 So in your situation, if the government, 960 00:50:31.220 --> 00:50:34.840 well, in a situation, if the government said, 961 00:50:36.360 --> 00:50:38.260 there's pictures here, anybody can use them 962 00:50:38.260 --> 00:50:41.460 for whatever purposes they want, right? 963 00:50:41.460 --> 00:50:42.940 But then the government came out and said, 964 00:50:42.940 --> 00:50:44.740 we prefer that you don't, 965 00:50:44.740 --> 00:50:48.660 the word prefer is very wishy-washy, all right? 966 00:50:48.660 --> 00:50:52.220 I mean, I don't really care what they prefer. 967 00:50:52.220 --> 00:50:55.780 I prefer not to pay taxes, okay? 968 00:50:55.780 --> 00:50:57.060 Tell the government that. 969 00:50:57.740 --> 00:50:59.940 I prefer not to pay taxes. 970 00:50:59.940 --> 00:51:02.380 That doesn't really do anything. 971 00:51:02.380 --> 00:51:03.700 I still have to pay taxes. 972 00:51:03.700 --> 00:51:07.820 So, you know, it's, the preference is different 973 00:51:07.820 --> 00:51:11.960 from them coming out saying it's in violation 974 00:51:11.960 --> 00:51:13.820 of our legal rights, right? 975 00:51:13.820 --> 00:51:15.440 That's very, very different. 976 00:51:16.340 --> 00:51:19.340 So I would be very, I would make sure you look 977 00:51:19.340 --> 00:51:21.360 at the message because under copyright law, 978 00:51:21.360 --> 00:51:23.660 the government owns it, period. 979 00:51:23.660 --> 00:51:26.200 If the government came out and made a public statement 980 00:51:26.200 --> 00:51:29.200 saying that anybody can use these, you know, 981 00:51:29.200 --> 00:51:31.600 these documents or these pictures, 982 00:51:31.600 --> 00:51:33.960 and you made actions based on that, 983 00:51:33.960 --> 00:51:36.700 and then they withdrew that permission, 984 00:51:36.700 --> 00:51:37.760 you could have a defense, 985 00:51:37.760 --> 00:51:40.640 but you're still walking into copyright infringement, right? 986 00:51:40.640 --> 00:51:43.000 But this sounds way more wishy-washy, 987 00:51:43.000 --> 00:51:45.280 like saying we prefer. 988 00:51:47.080 --> 00:51:51.500 Preference is different from you can't, right? 989 00:51:51.500 --> 00:51:53.480 So I'm not saying do it or don't do it. 990 00:51:53.480 --> 00:51:56.720 What I'm saying is read the fine print first 991 00:51:56.720 --> 00:51:58.760 and make sure as to what they're saying. 992 00:51:58.760 --> 00:51:59.900 I understand what they're saying, 993 00:51:59.900 --> 00:52:02.880 that they don't want you to make NFTs out of it. 994 00:52:02.880 --> 00:52:04.560 But in my experience, 995 00:52:04.560 --> 00:52:06.320 when the government doesn't want you to do something, 996 00:52:06.320 --> 00:52:07.340 they're very clear. 997 00:52:08.560 --> 00:52:12.380 They usually come out and say, yes, this, no, that, period. 998 00:52:12.380 --> 00:52:15.520 They're not like, we prefer that you don't, 999 00:52:15.520 --> 00:52:18.840 that that's kind of different. 1000 00:52:18.840 --> 00:52:22.720 So that's a very wishy-washy answer for you, sorry, but. 1001 00:52:22.720 --> 00:52:25.760 Yeah, I have a different image 1002 00:52:25.760 --> 00:52:28.500 that I've been told is copyright infringement, 1003 00:52:28.500 --> 00:52:30.480 but I don't think it is. 1004 00:52:30.480 --> 00:52:34.720 I took a Rubik's cube and I manipulated it 1005 00:52:34.720 --> 00:52:37.000 so that it looks like a checkerboard pattern 1006 00:52:37.000 --> 00:52:38.920 on all the sides. 1007 00:52:38.920 --> 00:52:41.000 And I took a photograph of that. 1008 00:52:41.000 --> 00:52:44.280 And I wanted to put that like on a T-shirt or something, 1009 00:52:44.280 --> 00:52:48.400 and the company said, that's copyright infringement. 1010 00:52:48.400 --> 00:52:49.960 Of what? 1011 00:52:49.960 --> 00:52:51.360 Of the Rubik's cube. 1012 00:52:53.720 --> 00:52:55.920 That didn't make sense to me. 1013 00:52:56.840 --> 00:52:59.200 Copyright infringement of the Rubik's cube. 1014 00:52:59.200 --> 00:53:01.520 Cause you took a picture of a Rubik's cube. 1015 00:53:01.520 --> 00:53:04.720 That was manipulated into a checkerboard pattern 1016 00:53:04.720 --> 00:53:05.800 on all sides. 1017 00:53:07.200 --> 00:53:09.560 That's a creative argument. 1018 00:53:09.560 --> 00:53:12.440 I mean, what they're essentially saying is 1019 00:53:12.440 --> 00:53:14.400 by manipulating the pieces, 1020 00:53:14.400 --> 00:53:17.680 they created a unique pattern and that unique pattern, 1021 00:53:17.680 --> 00:53:22.680 when they took that unique pattern itself is protectable. 1022 00:53:23.720 --> 00:53:26.560 That's a hard argument. 1023 00:53:27.720 --> 00:53:31.360 I could see it, but that's a very hard argument to win on. 1024 00:53:31.360 --> 00:53:33.800 Like really, really hard argument to win on. 1025 00:53:33.800 --> 00:53:36.200 Who was the party that said it was infringement? 1026 00:53:36.200 --> 00:53:37.040 Was it the Rubik's cube company? 1027 00:53:37.040 --> 00:53:38.160 It was years ago. 1028 00:53:38.160 --> 00:53:40.880 Cause a lot of my work is old. 1029 00:53:40.880 --> 00:53:42.600 Was it the Rubik's cube company or somebody else? 1030 00:53:42.600 --> 00:53:43.440 No, no. 1031 00:53:43.440 --> 00:53:44.720 It was the T-shirt company 1032 00:53:44.720 --> 00:53:49.520 or the company I wanted to put it on something. 1033 00:53:49.520 --> 00:53:51.680 I can't remember what it was at the time. 1034 00:53:52.680 --> 00:53:54.120 The T-shirt company told you 1035 00:53:54.120 --> 00:53:55.400 that you couldn't take the picture 1036 00:53:55.400 --> 00:53:57.560 because it was copyrighted. 1037 00:53:57.560 --> 00:53:59.280 They wouldn't print the picture for me 1038 00:53:59.280 --> 00:54:02.040 because they thought it was copyright infringement. 1039 00:54:02.040 --> 00:54:03.000 That's baloney. 1040 00:54:03.000 --> 00:54:05.280 If Rubik's cube came out to you and said, 1041 00:54:05.280 --> 00:54:07.160 I'll tell you this just for your own knowledge 1042 00:54:07.160 --> 00:54:08.680 in case anybody wants to know. 1043 00:54:09.640 --> 00:54:11.880 If Rubik's cube came out and said, 1044 00:54:11.880 --> 00:54:14.360 this is copyright infringement. 1045 00:54:14.360 --> 00:54:17.120 Then I would argue actually no, 1046 00:54:17.120 --> 00:54:21.160 because it's the embodiment of the functionality 1047 00:54:21.160 --> 00:54:22.800 of the device itself. 1048 00:54:23.920 --> 00:54:25.760 So I utilize the device 1049 00:54:25.760 --> 00:54:27.440 in the way it's supposed to be utilized. 1050 00:54:27.440 --> 00:54:29.000 And that's the pattern that came out. 1051 00:54:29.000 --> 00:54:31.080 And I took a picture of it, you know? 1052 00:54:31.080 --> 00:54:35.880 So by doing that, I created a new work. 1053 00:54:35.880 --> 00:54:37.280 You didn't create a new work. 1054 00:54:37.280 --> 00:54:38.400 I created a new work. 1055 00:54:38.400 --> 00:54:39.920 And then I took a picture of it. 1056 00:54:39.920 --> 00:54:44.800 And with my picture, that is a new embodiment of it. 1057 00:54:44.800 --> 00:54:46.960 So therefore that is copyrightable. 1058 00:54:47.000 --> 00:54:51.600 The result of moving your piece 1059 00:54:51.600 --> 00:54:53.320 is a result of functionality. 1060 00:54:53.320 --> 00:54:56.200 Functionality is not protectable in the copyright law. 1061 00:54:56.200 --> 00:54:58.040 Boom, that's what I would do. 1062 00:54:58.040 --> 00:55:00.200 I can see myself in the courtroom right now. 1063 00:55:00.000 --> 00:55:03.440 getting all pumped up. I'm like, no, that's functional. You can't 1064 00:55:03.440 --> 00:55:07.720 protect functionality. Now, they would argue there was a lamp 1065 00:55:07.720 --> 00:55:11.400 case. I'll end on this. And then I'll go to Mary. Mary's probably 1066 00:55:11.400 --> 00:55:15.960 like, what does this have to do with my question? Um, so there 1067 00:55:15.960 --> 00:55:20.400 was a case that was on a lampshade, right? It was a lamp 1068 00:55:20.400 --> 00:55:24.640 stand with a shade, right? Think of like Christmas story, like 1069 00:55:24.640 --> 00:55:28.040 the leg. You know, I don't know if you guys know that. Yeah, 1070 00:55:28.040 --> 00:55:32.680 some of you do. Um, so the functionality associated with 1071 00:55:32.680 --> 00:55:40.000 the lamp is not protectable, but the, the, the look of it is 1072 00:55:40.000 --> 00:55:41.600 protectable in the copyright law. 1073 00:55:42.120 --> 00:55:47.080 I mean, the leg, there was that leg with a lamp. Okay, I 1074 00:55:47.080 --> 00:55:51.360 remember the leg with the lampshade. Now I remember that 1075 00:55:52.120 --> 00:55:58.080 broke. Yeah, that I remember now. Right. So that that, that 1076 00:55:58.080 --> 00:56:03.640 look was protectable under copyright law, but not a lamp. 1077 00:56:04.200 --> 00:56:08.240 Meaning the functionality is not so somebody else could make a 1078 00:56:08.240 --> 00:56:11.000 lamp that looks a little different and not infringe 1079 00:56:11.160 --> 00:56:14.640 because you don't own the concept of a leg lamp. You just 1080 00:56:14.680 --> 00:56:19.600 own that look. So with the Rubik's Cube, that's a that 1081 00:56:19.600 --> 00:56:23.040 that Rubik's Cube thing you just mentioned is like a final exam 1082 00:56:23.240 --> 00:56:28.640 in law school. It really is because somebody should argue on 1083 00:56:28.640 --> 00:56:31.360 the defense. Well, the functionality of it is what 1084 00:56:31.360 --> 00:56:36.640 resulted in the look, not, not the creation of it in and of 1085 00:56:36.640 --> 00:56:41.040 itself. And therefore, that's a defense. And the other party 1086 00:56:41.040 --> 00:56:44.200 will argue, yeah, but that is the look of it. The 1087 00:56:44.200 --> 00:56:47.760 functionality is that it turns. That was the final look. So 1088 00:56:47.760 --> 00:56:50.200 therefore, it should be protectable under the same case 1089 00:56:50.200 --> 00:56:53.760 law that talked about the leg lamp. I think that would make a 1090 00:56:53.760 --> 00:56:57.320 great case in the Supreme Court, because it would go up that high. 1091 00:56:58.440 --> 00:57:01.360 But for now, I will tell you this, your t shirt company is 1092 00:57:01.360 --> 00:57:03.760 full of baloney. They just didn't want to potentially pick 1093 00:57:03.760 --> 00:57:07.960 up any liability. Right? Yeah. All right. Let me go to Mary. 1094 00:57:08.320 --> 00:57:10.200 Thank you. You're so welcome. 1095 00:57:11.720 --> 00:57:12.560 Hello there. 1096 00:57:13.160 --> 00:57:14.560 Hello, Mary. 1097 00:57:15.560 --> 00:57:19.400 These are very quick, concise things. And I know you've 1098 00:57:19.400 --> 00:57:21.960 covered them before. I know you have her at least covered part 1099 00:57:21.960 --> 00:57:26.360 of this. So I apologize. And I compartmentalize and don't worry 1100 00:57:26.360 --> 00:57:26.760 about it. 1101 00:57:28.800 --> 00:57:34.640 So number one, like there's this thing that I'm I'm preparing to 1102 00:57:34.640 --> 00:57:37.920 look into trademarking this this name. Now, there are two 1103 00:57:37.920 --> 00:57:42.120 different spellings that I would like to do one of them. It's two 1104 00:57:42.120 --> 00:57:46.080 two words. So you have the first word, the second word is an 1105 00:57:46.080 --> 00:57:49.920 abbreviation. And then this then the second time you do it, it's 1106 00:57:49.920 --> 00:57:52.600 the whole like first word and then second word is the whole 1107 00:57:52.600 --> 00:57:56.160 word just spelled out. Are those two different trademarks? 1108 00:57:58.040 --> 00:57:59.120 It's a good question. 1109 00:58:03.320 --> 00:58:04.600 There's a thing. 1110 00:58:06.840 --> 00:58:08.880 Are you going to use it both different ways? Because that's 1111 00:58:08.880 --> 00:58:11.360 very, that's very confusing to the consumer. 1112 00:58:11.640 --> 00:58:16.040 I that's well, I'm going to be emailing you at some point, but 1113 00:58:16.040 --> 00:58:19.840 I wanted to preliminarily, at least let me put it this way. 1114 00:58:20.160 --> 00:58:27.600 Like if there is Microsoft Word. And then there's Microsoft 1115 00:58:27.600 --> 00:58:32.560 hyphen word. It's very confusing if you use it both ways. Right? 1116 00:58:32.600 --> 00:58:35.080 Because you want you want to make sure there's no likelihood 1117 00:58:35.080 --> 00:58:37.680 of confusion in a consumer's eye. So you want to be very 1118 00:58:37.680 --> 00:58:41.320 consistent in the use. Now, let's say that we started out by 1119 00:58:41.320 --> 00:58:44.560 using Microsoft Word is two different words. And then we 1120 00:58:44.560 --> 00:58:48.960 decided to make a branding change to use hyphen. Right? 1121 00:58:49.200 --> 00:58:51.960 That's different. We made a branding change and started 1122 00:58:51.960 --> 00:58:57.560 using a hyphen. Then what we've done is we've made a minor 1123 00:58:57.560 --> 00:59:02.760 change to trademark, there is a petition that you can file to 1124 00:59:02.760 --> 00:59:07.360 the copyright to the trademark office that says that the the 1125 00:59:07.360 --> 00:59:11.160 change that you've made to the trademark is not a quote unquote 1126 00:59:11.360 --> 00:59:16.440 material change. Okay, therefore, you'd like to modify 1127 00:59:16.440 --> 00:59:22.320 your trademark to have the hyphen, because it's not a 1128 00:59:22.320 --> 00:59:26.640 quote unquote material change. That's the language material 1129 00:59:26.640 --> 00:59:31.400 change. Right? So you have to figure that out. I would say a 1130 00:59:31.400 --> 00:59:35.880 hyphen probably is not a material change. I've seen 1131 00:59:35.880 --> 00:59:40.440 logos be changed just slightly. Somebody moves a line just a 1132 00:59:40.440 --> 00:59:44.440 little bit. And then they file this, this request to the 1133 00:59:44.480 --> 00:59:47.680 trademark office. And the trademark office is like, yeah, 1134 00:59:47.680 --> 00:59:50.480 that's not a quote unquote material change. So what you 1135 00:59:50.480 --> 00:59:54.000 want to do is speak to an IP attorney, and see if you're 1136 00:59:54.000 --> 00:59:56.600 using it one way and you're going to change it to a hyphen 1137 00:59:56.640 --> 00:59:58.560 or you've been using it with a hyphen, you're going to remove a 1138 00:59:58.560 --> 00:59:59.840 hyphen, see if they could 1139 01:00:00.000 --> 01:00:04.880 something with the United States Patent and Trademark Office saying I am making a modification 1140 01:00:04.880 --> 01:00:10.240 that is not a quote-unquote material change. Tell your lawyer say that. It's not a material change. 1141 01:00:10.800 --> 01:00:16.000 If your IP lawyer doesn't know what I'm talking about, don't use that IP lawyer because that's 1142 01:00:16.000 --> 01:00:22.880 the language. That's the magical or the important language that must be used for you to win. 1143 01:00:23.440 --> 01:00:36.800 If you don't use that language, you'll lose. This first question is everybody knows this one thing 1144 01:00:36.800 --> 01:00:42.400 as an abbreviation, but they also know that it's a full word too. I didn't know if somebody else 1145 01:00:42.400 --> 01:00:49.120 could come in if I just did the word one with word two being the abbreviation and somebody 1146 01:00:49.120 --> 01:00:54.000 came along and then they could do the whole same thing, but it's the word spelled out. 1147 01:00:56.960 --> 01:01:03.840 The test is likelihood of confusion. This isn't legal advice, just to be clear, 1148 01:01:05.920 --> 01:01:14.800 but if somebody owns Microsoft Word and somebody says I'm going to add a hyphen and they try to 1149 01:01:14.800 --> 01:01:18.240 file, that's going to get rejected by the United States Patent and Trademark Office because 1150 01:01:18.800 --> 01:01:26.000 it looks the same. It sounds the same. As long as the goods and services are similar, 1151 01:01:26.000 --> 01:01:34.320 they're sold likely in a similar manner, close price points. If the only difference 1152 01:01:34.320 --> 01:01:43.520 between the two is a hyphen, that's infringement all day long. Here's another question. You have 1153 01:01:43.520 --> 01:01:54.480 these two words. In your domain, they're smushed together. Am I covered with them smushed together 1154 01:01:54.480 --> 01:01:59.520 and with them separated as two words or those two different? What do you mean by am I covered? 1155 01:02:01.760 --> 01:02:08.400 Do I have to file a separate trademark just because one of them has word one smashed together 1156 01:02:08.400 --> 01:02:12.800 with the abbreviation of word two because that's the way they look on a domain, if you can visualize 1157 01:02:12.800 --> 01:02:18.560 what I'm saying? Then do I have to file a separate trademark for one that says the first word with 1158 01:02:18.560 --> 01:02:24.400 the space and the second word? Are they going to say that that's all one thing? Let's talk about 1159 01:02:24.400 --> 01:02:29.760 domains. Let's bring it back to domain names versus trademarks because if the domain name 1160 01:02:29.760 --> 01:02:35.120 is the exact same thing as a federally registered trademark, you can challenge that domain name 1161 01:02:35.120 --> 01:02:41.120 under ICANN. You can file a domain name dispute to stop that party from using that domain name 1162 01:02:41.120 --> 01:02:45.360 because it's the exact same thing as your federal registration. Now, your federal registration 1163 01:02:45.360 --> 01:02:55.040 doesn't have to be the smushed up version. It doesn't have to be Microsoft Word squished. 1164 01:02:55.600 --> 01:03:02.640 It can be Microsoft Space Word. That's fine because the words are the same. It's just a known 1165 01:03:02.640 --> 01:03:09.520 that your domain name, you can't put spaces in domain names. That's a known. That's not an issue 1166 01:03:10.160 --> 01:03:14.560 using space in your trademark. It's not an issue if that's the only difference between the 1167 01:03:14.560 --> 01:03:22.080 trademark and the domain name. That's not an issue. What was your second question on that? 1168 01:03:22.080 --> 01:03:28.000 I think that is it. I think it was that thing about the spacing, the two 1169 01:03:28.000 --> 01:03:32.720 things apart, and then the different spelling. One is an abbreviation of that second word. 1170 01:03:32.720 --> 01:03:36.640 That's a whole different world. Abbreviations are a whole different world. 1171 01:03:37.120 --> 01:03:43.040 Okay. I've seen situations where a domain name is purely abbreviations, but then somebody owns 1172 01:03:43.040 --> 01:03:50.560 a trademark. Let's say instead of Microsoft Word, they own MW. They're not going to be able to say, 1173 01:03:50.560 --> 01:03:58.720 well, I own Microsoft Word. These guys own MW. That's a violation of my federal rights, 1174 01:03:58.720 --> 01:04:04.160 and therefore, I want to file a domain name dispute under ICANN. That won't work. It won't 1175 01:04:04.240 --> 01:04:13.280 work because the abbreviation can mean anything. Okay. This abbreviation is super specific, 1176 01:04:13.280 --> 01:04:18.080 and everyone knows what it means. I'm not going to tell you that one, but let's say I have the 1177 01:04:18.080 --> 01:04:23.520 word building as my second word. That's not what my word is. I have B. I don't even know 1178 01:04:23.520 --> 01:04:31.120 the abbreviation for that, but BLD or whatever somebody would know, just as an example. 1179 01:04:31.120 --> 01:04:37.440 Then I also have it as building spelled out. Do I have to have two different... I have to 1180 01:04:37.440 --> 01:04:40.560 get the trademark for the one with the word spelled out, and then I have to get one with 1181 01:04:40.560 --> 01:04:46.400 the abbreviation. If it's a known... Remember for abbreviations, if we ever file trademark 1182 01:04:46.400 --> 01:04:51.360 applications for abbreviations, the USPTO is going to ask you, what does the abbreviation stand for? 1183 01:04:51.360 --> 01:04:57.520 Okay. That's what they always do. They always come back and they say, you're using 1184 01:05:00.000 --> 01:05:04.720 let's say NRA, what does it stand for? 1185 01:05:04.720 --> 01:05:07.640 National Rifle Association, right? 1186 01:05:07.640 --> 01:05:09.400 You have to tell them. 1187 01:05:09.400 --> 01:05:12.280 And so if they see somebody has a registration 1188 01:05:12.280 --> 01:05:13.920 for National Rifle Association, 1189 01:05:13.920 --> 01:05:16.200 they're gonna reject the NRA registration 1190 01:05:16.200 --> 01:05:18.400 because that's what it stands for. 1191 01:05:20.200 --> 01:05:22.520 And so abbreviations, 1192 01:05:22.520 --> 01:05:23.960 abbreviations are really interesting 1193 01:05:23.960 --> 01:05:25.440 when you file trademark applications 1194 01:05:25.440 --> 01:05:26.760 because the USPTO examiner 1195 01:05:26.760 --> 01:05:28.560 is gonna wanna know what they mean. 1196 01:05:29.160 --> 01:05:32.080 Use the meaning of that against you 1197 01:05:32.080 --> 01:05:34.440 obtaining the rights to the abbreviation. 1198 01:05:36.920 --> 01:05:39.640 They're pretty aggressive with that too. 1199 01:05:39.640 --> 01:05:42.240 And I learned something about two years ago 1200 01:05:42.240 --> 01:05:43.240 that I never knew. 1201 01:05:43.240 --> 01:05:44.560 There's a website, 1202 01:05:45.880 --> 01:05:47.560 I don't know if I could find it for you guys, 1203 01:05:47.560 --> 01:05:50.360 but there's a website that lists 1204 01:05:50.360 --> 01:05:52.720 all the abbreviations that exist. 1205 01:05:53.920 --> 01:05:56.840 Like everyone you could ever think of, right? 1206 01:05:56.840 --> 01:06:00.720 Now, I got a rejection from an examiner 1207 01:06:00.720 --> 01:06:03.040 at the United States Patent and Trademark Office. 1208 01:06:03.040 --> 01:06:06.280 And the rejection was based on an abbreviation 1209 01:06:07.320 --> 01:06:10.240 that had been entered into this website. 1210 01:06:11.920 --> 01:06:13.040 And I said, 1211 01:06:14.440 --> 01:06:15.280 I said, 1212 01:06:18.080 --> 01:06:21.280 that website, the way it works is it uses a spider. 1213 01:06:21.280 --> 01:06:22.800 So it goes out to the internet 1214 01:06:22.800 --> 01:06:25.920 and it looks to see if they can find abbreviations 1215 01:06:25.920 --> 01:06:27.760 and what the abbreviations represent. 1216 01:06:27.760 --> 01:06:29.080 And then it grabs that data 1217 01:06:29.080 --> 01:06:31.520 and it populates its own database. 1218 01:06:31.520 --> 01:06:34.200 And that's how it creates, it's a software program. 1219 01:06:34.200 --> 01:06:35.720 So it looks for abbreviations 1220 01:06:35.720 --> 01:06:37.400 and it looks for the interpretations 1221 01:06:37.400 --> 01:06:39.920 and then somebody reviews it and they say, 1222 01:06:39.920 --> 01:06:41.080 yep, approved. 1223 01:06:41.080 --> 01:06:43.080 And now it's entered into the database. 1224 01:06:43.080 --> 01:06:43.920 So they said, well, 1225 01:06:43.920 --> 01:06:48.560 you can't get a federal trademark application registered 1226 01:06:48.560 --> 01:06:51.960 because the abbreviation that you have for your client 1227 01:06:53.200 --> 01:06:55.160 is the following. 1228 01:06:56.760 --> 01:06:59.480 And I said, yeah, it is the following, 1229 01:06:59.480 --> 01:07:01.040 but you guys don't understand. 1230 01:07:01.040 --> 01:07:02.920 The reason why it's in that database 1231 01:07:02.920 --> 01:07:07.200 is because the spider that's used for that website 1232 01:07:07.200 --> 01:07:09.800 saw my client's website, 1233 01:07:09.800 --> 01:07:13.480 then grabbed the content from my client's website 1234 01:07:13.480 --> 01:07:16.120 and added it to their database. 1235 01:07:16.120 --> 01:07:17.920 And they said, no, they didn't. 1236 01:07:17.920 --> 01:07:21.560 What they did was they created the acronym. 1237 01:07:21.560 --> 01:07:25.040 I said, there's like millions of acronyms on this website. 1238 01:07:25.040 --> 01:07:27.600 These people didn't have to create all these acronyms. 1239 01:07:27.600 --> 01:07:32.600 Like you can't use this website to reject my case. 1240 01:07:32.800 --> 01:07:34.360 And they said, yes, they could. 1241 01:07:34.360 --> 01:07:35.400 And then we went back and forth. 1242 01:07:35.400 --> 01:07:38.800 This was for a major, major, big, big client. 1243 01:07:38.800 --> 01:07:41.240 And my client was like, is there anything you could do? 1244 01:07:41.240 --> 01:07:43.000 I said, yeah, there is. 1245 01:07:43.000 --> 01:07:45.880 I reached out to the president of the corporation 1246 01:07:45.880 --> 01:07:50.320 of that company that actually created the acronym site. 1247 01:07:52.840 --> 01:07:54.720 And I said, can you check your database? 1248 01:07:55.400 --> 01:07:56.720 I said, I'm in a big legal bind here. 1249 01:07:56.720 --> 01:08:00.360 Can you check your database to find out the date 1250 01:08:00.360 --> 01:08:04.200 that you uploaded the acronym into your system? 1251 01:08:04.200 --> 01:08:06.480 Can you look that up, please? 1252 01:08:06.480 --> 01:08:08.640 And he said, yeah, it'll take a little homework, 1253 01:08:08.640 --> 01:08:09.520 but I could do that. 1254 01:08:09.520 --> 01:08:11.800 I understand what your problem is. 1255 01:08:11.800 --> 01:08:13.000 And he did. 1256 01:08:13.000 --> 01:08:15.480 And the date was like a year and a half 1257 01:08:15.480 --> 01:08:18.520 after my client started using the trademark. 1258 01:08:19.600 --> 01:08:20.600 Now I had proof. 1259 01:08:20.600 --> 01:08:23.240 I said, look, this is a letter from the president 1260 01:08:23.240 --> 01:08:26.560 of that acronym website that you're stuck on using. 1261 01:08:26.560 --> 01:08:31.560 And he says that on April 19th, 2017, 1262 01:08:32.040 --> 01:08:34.000 that acronym was uploaded. 1263 01:08:34.000 --> 01:08:37.560 Here is proof from the Wayback Machine, 1264 01:08:37.560 --> 01:08:40.319 MIT's Wayback Machine, which I've taught you all about 1265 01:08:40.319 --> 01:08:42.200 that shows you, and this is an argument 1266 01:08:42.200 --> 01:08:43.520 you may have to use when you're 1267 01:08:43.520 --> 01:08:46.040 with the United States Patent and Trademark Office. 1268 01:08:46.040 --> 01:08:50.399 Here's a picture of in the Wayback Machine in 2014, 1269 01:08:50.399 --> 01:08:53.920 my client's website with the acronym, okay? 1270 01:08:53.920 --> 01:08:55.840 We beat them. 1271 01:08:55.840 --> 01:08:59.080 The letter from the president is showing you the data entry. 1272 01:08:59.080 --> 01:09:00.800 So therefore we predate them. 1273 01:09:00.800 --> 01:09:02.880 So therefore you can't say that that acronym 1274 01:09:02.880 --> 01:09:06.600 is actually being, that we're copying the acronym 1275 01:09:06.600 --> 01:09:07.479 from these other guys. 1276 01:09:07.479 --> 01:09:09.720 And then we finally won the case. 1277 01:09:09.720 --> 01:09:11.720 But that was a big legal battle. 1278 01:09:11.720 --> 01:09:14.200 So all of this to tell you essentially, 1279 01:09:14.200 --> 01:09:15.920 whenever you try to go after acronyms, 1280 01:09:15.920 --> 01:09:18.760 they're gonna look for what the term actually means. 1281 01:09:18.960 --> 01:09:20.640 Mm-hmm, okay. 1282 01:09:20.640 --> 01:09:22.240 These aren't the capital letters, 1283 01:09:22.240 --> 01:09:23.840 like a state or something like that. 1284 01:09:23.840 --> 01:09:26.479 This is like an abbreviation anyone looks at 1285 01:09:26.479 --> 01:09:28.399 and they know exactly who you're talking about, 1286 01:09:28.399 --> 01:09:29.840 what you're talking about when you look at that. 1287 01:09:29.840 --> 01:09:31.680 Like, oh, yeah, that's what everybody knows. 1288 01:09:31.680 --> 01:09:34.640 Like if you use RD instead of road. 1289 01:09:34.640 --> 01:09:36.120 Yes, yes. 1290 01:09:36.120 --> 01:09:37.880 So it's an abbreviation, not an acronym. 1291 01:09:37.880 --> 01:09:40.960 Similar, or apartment, APT. 1292 01:09:40.960 --> 01:09:41.800 You know what I'm saying? 1293 01:09:41.800 --> 01:09:44.040 People kind of, they all know what that means. 1294 01:09:44.040 --> 01:09:46.240 I think in that situation, what's gonna happen 1295 01:09:46.240 --> 01:09:48.279 is the examiner is gonna, again, 1296 01:09:48.279 --> 01:09:50.359 look at what the word means. 1297 01:09:50.359 --> 01:09:51.439 Okay. 1298 01:09:51.439 --> 01:09:53.640 I think that's very likely what'll happen. 1299 01:09:53.640 --> 01:09:57.560 So what I would do is I would look and see, 1300 01:09:57.560 --> 01:10:00.120 if I were in a situation where I'm applying for. 1301 01:10:00.000 --> 01:10:04.560 trademark application for a client for an acronym or for things that look similar to other words. 1302 01:10:04.560 --> 01:10:08.640 I look for those other words and see whether or not those other words are registered. If they are, 1303 01:10:09.200 --> 01:10:16.640 I got a problem trying to get the acronym. Okay, okay. I will email you. I will email 1304 01:10:16.640 --> 01:10:22.160 you. We may have to do something much more formal, but yeah, yeah. Just a question. Well, 1305 01:10:22.160 --> 01:10:26.560 thank you so much. You're so welcome. Yeah, some of this stuff can get very complex. Like, 1306 01:10:26.560 --> 01:10:34.320 I try to teach you guys around here, but there's a way, way deeper area that I try not to expose 1307 01:10:34.320 --> 01:10:40.640 you guys to because then you're going to be like, what the heck is this? And so I try to keep us 1308 01:10:40.640 --> 01:10:49.520 somewhere around here, but that acronym area is a touchy area. Most examiners will do their job 1309 01:10:49.520 --> 01:10:52.080 and figure out what things mean. All right. Let me go to Jill. 1310 01:10:57.600 --> 01:11:04.400 Okay. My question. Okay. You know, I'm doing storybooks. They've got a manuscript with an 1311 01:11:04.400 --> 01:11:12.240 author and illustrations from an illustrator. And so I am working with, I'm doing my own and 1312 01:11:12.240 --> 01:11:18.720 I'm helping others do theirs. And I'm looking at, so I have three tiny questions. One, the license 1313 01:11:19.520 --> 01:11:23.840 to duplicate, I'm trying to use the language here to duplicate the book. So I have, 1314 01:11:24.720 --> 01:11:30.240 I pay up front for the illustrator to illustrate the book. And with that comes a license that we 1315 01:11:30.240 --> 01:11:37.280 can duplicate this to sell it with a step up step royalties plan. Let me back you up for a second 1316 01:11:37.280 --> 01:11:43.360 to make sure I'm on the same page. So yeah, I've got a company, I've got a book or I'm licensing 1317 01:11:43.360 --> 01:11:52.560 the book from somebody else. Is it my book? No. So you're the author. I'll make you the author. 1318 01:11:52.560 --> 01:12:00.080 I'm the author. April's the illustrator. And April's the illustrator. Yes. And so I, as a, 1319 01:12:00.800 --> 01:12:05.120 I'm helping you, the author, get your book written. Then I'm brokering the deal with 1320 01:12:05.120 --> 01:12:13.120 April to illustrate your book. Very cool. Okay. And so part of that is that I'm handling the 1321 01:12:13.360 --> 01:12:19.600 protection part of the handling, like the license and talking through with the illustrator, 1322 01:12:20.880 --> 01:12:24.560 the contract that includes the license, who owns the copyright, 1323 01:12:24.560 --> 01:12:33.120 et cetera. But a couple of things I'm running into is, I want, at this stage, I want the copyright 1324 01:12:33.120 --> 01:12:40.720 will remain with the, like, the copyright remains with the illustrator. We are licensing 1325 01:12:40.720 --> 01:12:46.080 those illustrations, correct? Well, I mean, you could do it a million different ways, 1326 01:12:46.080 --> 01:12:52.240 but it sounds like one of the most effective ways that I would create something. And again, 1327 01:12:52.240 --> 01:12:56.720 I'm not telling you how to do it yourself, but one of the ways I do it is the original artist, 1328 01:12:56.720 --> 01:13:00.400 April is going to go, I'm not just going to give you my artistic work. Like, she's like, 1329 01:13:00.400 --> 01:13:04.800 I'll give you a license. I'll give you a non-exclusive license for your book. Now I pay 1330 01:13:04.800 --> 01:13:12.080 her a royalty or I pay her a certain amount for that. So now that, so I have a license to use that 1331 01:13:12.960 --> 01:13:18.400 her illustration in my book. And I got to make sure in my license agreement, it talks about the 1332 01:13:18.400 --> 01:13:24.720 type of usage. I got to be very careful here because I've got to anticipate what's going to 1333 01:13:24.720 --> 01:13:29.760 happen in the future. Right. And this is where people make a lot of mistakes. They think of 1334 01:13:29.760 --> 01:13:33.840 what's in front of them. They don't think of the future. And so they think, well, I'm going to use 1335 01:13:33.840 --> 01:13:39.440 it in a book. Yeah. But that book may end up getting published. It may not only, I mean, 1336 01:13:39.440 --> 01:13:44.080 getting published, but it may end up being on a show. It may end up being, you know, where I've 1337 01:13:44.080 --> 01:13:50.800 got to have a picture of the book at a bookstore. That's not the book itself. That illustration now 1338 01:13:50.800 --> 01:13:57.280 is not just on the book. It's actually on a billboard. Right. Right. So I do have, and in 1339 01:13:57.280 --> 01:14:04.080 the agreements I've used so far, it's been, but does non-exclusive imply she could sell those 1340 01:14:04.080 --> 01:14:09.760 same illustrations to somebody else? You got it. That's what non-exclusive means. Exclusive means 1341 01:14:09.760 --> 01:14:15.120 only to one party. Non-exclusive means they can license it to others. Now I could get a 1342 01:14:15.120 --> 01:14:22.320 non-exclusive license. There are non-exclusive licenses that I can give to, 1343 01:14:22.320 --> 01:14:32.560 I don't want to make this too confusing for you. I would try to get an exclusive license 1344 01:14:32.560 --> 01:14:40.880 for a specific use. Okay. So exclusive license for the book. And because as I'm picturing it 1345 01:14:40.880 --> 01:14:47.200 right now, it's, we don't want April selling these same illustrations to another author. 1346 01:14:47.200 --> 01:14:50.800 That's right. I don't mind if she sells them and puts them on backpacks or, 1347 01:14:52.320 --> 01:14:59.440 right. But I don't want them on another book. So it'd be exclusive license for the book. Okay. So 1348 01:14:59.440 --> 01:14:59.840 then we 1349 01:15:00.000 --> 01:15:04.320 The both copyrights are still in the book. 1350 01:15:04.320 --> 01:15:06.820 When I go to do a federal registration though, 1351 01:15:08.080 --> 01:15:11.640 so if I'm filing on your behalf, the registration, 1352 01:15:11.640 --> 01:15:15.080 which is part of what I'm doing for my authors, 1353 01:15:15.080 --> 01:15:17.600 she is also on that federal registration 1354 01:15:17.600 --> 01:15:19.680 because the book has her illustrations in it. 1355 01:15:19.680 --> 01:15:22.960 So am I filing on both their behalves? 1356 01:15:22.960 --> 01:15:25.460 Who then holds the federal registration? 1357 01:15:26.800 --> 01:15:28.280 Yeah, it's a good question. 1358 01:15:28.280 --> 01:15:32.560 So if you have a situation where, 1359 01:15:32.560 --> 01:15:33.600 let's say I have a book 1360 01:15:33.600 --> 01:15:35.320 and I have certain illustrations in it, 1361 01:15:35.320 --> 01:15:40.320 I would get, for purposes of the illustration, 1362 01:15:40.360 --> 01:15:42.880 what I would want is I'd want exclusive rights. 1363 01:15:42.880 --> 01:15:45.040 I mean, I would want an assignment. 1364 01:15:45.040 --> 01:15:46.440 That's what I would want. 1365 01:15:46.440 --> 01:15:50.420 I'd say you hereby assign that illustration 1366 01:15:50.420 --> 01:15:52.840 to my book and my book only, right? 1367 01:15:52.840 --> 01:15:53.920 And they say, okay, fine. 1368 01:15:53.920 --> 01:15:55.840 I wanna be paid a premium for this. 1369 01:15:55.840 --> 01:15:57.240 Say, okay, that's fine. 1370 01:15:57.240 --> 01:16:00.960 But now you assign all right title and interest over to me. 1371 01:16:00.960 --> 01:16:01.800 So now- 1372 01:16:01.800 --> 01:16:04.040 So I did that with one of my books 1373 01:16:04.040 --> 01:16:06.720 cause I intended to use her illustrations for other things. 1374 01:16:06.720 --> 01:16:11.360 So I have all right title copyrights. 1375 01:16:11.360 --> 01:16:13.800 She actually sold me copyrights for five years. 1376 01:16:13.800 --> 01:16:15.760 So it's a term, obviously. 1377 01:16:15.760 --> 01:16:17.200 So I'll do something with it. 1378 01:16:18.440 --> 01:16:19.920 You assign it to you for five years. 1379 01:16:19.920 --> 01:16:21.800 That's, yeah, you can do that. 1380 01:16:21.800 --> 01:16:24.720 Yeah, I mean, when you file your copyright application, 1381 01:16:24.720 --> 01:16:26.040 I believe there's an option in there 1382 01:16:26.040 --> 01:16:28.240 that makes reference to any other licenses 1383 01:16:31.880 --> 01:16:35.120 or any other ownership to anything that's within the work. 1384 01:16:35.120 --> 01:16:36.560 I think there's an option for that. 1385 01:16:36.560 --> 01:16:39.440 I haven't actually filed one in a long time, 1386 01:16:39.440 --> 01:16:41.680 but what I would do is when you go through the process 1387 01:16:41.680 --> 01:16:43.360 of actually looking for the filing, 1388 01:16:43.360 --> 01:16:47.760 I think there's a spot in there that gives you the option. 1389 01:16:47.760 --> 01:16:50.000 And if you really wanna be sure, 1390 01:16:50.000 --> 01:16:52.600 just call the 800 number on the copyright office. 1391 01:16:52.600 --> 01:16:53.440 Okay. 1392 01:16:53.440 --> 01:16:54.980 I believe it gives you the option 1393 01:16:54.980 --> 01:16:59.980 to list any other licenses that you have on your work. 1394 01:17:00.700 --> 01:17:01.580 Right? Okay. 1395 01:17:01.580 --> 01:17:04.860 Because you're gonna have exclusive rights 1396 01:17:04.860 --> 01:17:08.300 to the book with the logo, 1397 01:17:08.300 --> 01:17:12.180 but you don't own the logo outright. 1398 01:17:12.180 --> 01:17:16.020 So you have to make reference to the license. 1399 01:17:16.020 --> 01:17:16.860 Okay. 1400 01:17:16.860 --> 01:17:19.460 So I would call them up and I would say, 1401 01:17:19.460 --> 01:17:22.740 hey, on your newer forms that you use 1402 01:17:22.740 --> 01:17:26.260 for protecting a book or a publication, 1403 01:17:26.260 --> 01:17:29.260 I've got a logo on the book. 1404 01:17:29.260 --> 01:17:34.260 And I want to make sure that when I file my application, 1405 01:17:34.500 --> 01:17:36.580 I'm acknowledging that the logo 1406 01:17:36.580 --> 01:17:39.780 is a license from another party. 1407 01:17:39.780 --> 01:17:42.100 Where's the field in the application 1408 01:17:42.100 --> 01:17:43.340 for me to type that in? 1409 01:17:43.340 --> 01:17:45.100 Like, where do I enter that? 1410 01:17:45.980 --> 01:17:46.820 All right. 1411 01:17:46.820 --> 01:17:49.640 That'll be in their electronic form somewhere. 1412 01:17:49.640 --> 01:17:51.860 There's like a miscellaneous item 1413 01:17:51.860 --> 01:17:55.020 or there's like sub licenses or whatever. 1414 01:17:55.020 --> 01:17:56.060 It's in there somewhere. 1415 01:17:56.060 --> 01:17:57.260 You got to ask them. 1416 01:17:58.580 --> 01:18:02.140 And they should be able to tell you where their stuff is. 1417 01:18:02.140 --> 01:18:02.980 Yeah. 1418 01:18:03.980 --> 01:18:06.180 Some of the authors and illustrate, 1419 01:18:06.180 --> 01:18:09.260 I mean, some of the authors books that I'm helping write 1420 01:18:09.260 --> 01:18:13.500 are I'm seeing we could take a lot further, 1421 01:18:13.500 --> 01:18:17.320 in which case then I'm looking to have a conversation 1422 01:18:17.320 --> 01:18:19.660 with them at the end about becoming, 1423 01:18:19.660 --> 01:18:24.260 coming under my publishing company. 1424 01:18:24.260 --> 01:18:28.660 And so then there'll be a different kind of contract. 1425 01:18:28.660 --> 01:18:31.060 But if it's one that I'm like, 1426 01:18:31.060 --> 01:18:32.580 I probably can't take this anywhere 1427 01:18:32.580 --> 01:18:36.540 or it's not even content that would be my brand, 1428 01:18:36.540 --> 01:18:39.300 then I'm just brokering the deal with the illustrator 1429 01:18:39.300 --> 01:18:42.740 for those interested in that part of my service 1430 01:18:42.740 --> 01:18:44.220 and helping them get it to print 1431 01:18:44.220 --> 01:18:45.380 and then maybe even to sell. 1432 01:18:45.380 --> 01:18:48.860 So there's, it looks like, 1433 01:18:48.860 --> 01:18:51.940 I knew I was going to have to come to you at some point 1434 01:18:51.940 --> 01:18:53.300 by hour and have you, 1435 01:18:53.300 --> 01:18:56.020 but I was trying to figure out exactly the right question. 1436 01:18:56.020 --> 01:18:56.860 So I'm- 1437 01:18:56.860 --> 01:18:57.700 Yeah. 1438 01:18:57.700 --> 01:19:01.180 No, I think the, I think one of the things 1439 01:19:01.180 --> 01:19:06.180 I'm probably going to offer in the future is going to be, 1440 01:19:07.540 --> 01:19:11.740 I think I'm going to create a higher level group. 1441 01:19:11.740 --> 01:19:13.620 So like, there'll be like the protection portal 1442 01:19:13.620 --> 01:19:15.140 where we answer all these questions, 1443 01:19:15.140 --> 01:19:17.020 but there's some people that are running 1444 01:19:17.060 --> 01:19:19.260 into legal problems. 1445 01:19:19.260 --> 01:19:21.220 Like they're like, okay, I need to, 1446 01:19:21.220 --> 01:19:22.860 I need the legal language for this. 1447 01:19:22.860 --> 01:19:25.500 I'm thinking of, I've been contemplating this, 1448 01:19:25.500 --> 01:19:30.260 creating a group where people can ask legal questions live. 1449 01:19:30.260 --> 01:19:32.420 Like just any legal questions they want. 1450 01:19:32.420 --> 01:19:35.100 That obviously is going to be a premium. 1451 01:19:35.100 --> 01:19:36.420 So none of this. 1452 01:19:36.420 --> 01:19:38.620 So this we can fill with something else. 1453 01:19:38.620 --> 01:19:39.460 Yeah, you're right. 1454 01:19:39.460 --> 01:19:42.140 Then you can fill it with something else, exactly. 1455 01:19:42.140 --> 01:19:45.300 But that would be a higher tier 1456 01:19:45.300 --> 01:19:47.620 because that would be legal advice, you know, 1457 01:19:47.620 --> 01:19:49.060 and I bill at 600 an hour. 1458 01:19:49.060 --> 01:19:51.500 So it would be something that's higher. 1459 01:19:51.500 --> 01:19:52.940 Okay, one more question. 1460 01:19:52.940 --> 01:19:54.860 So if I have, 1461 01:19:54.860 --> 01:19:57.500 so I have hired some people to do concept art 1462 01:19:58.820 --> 01:20:00.420 and all they're doing is create. 1463 01:20:00.000 --> 01:20:03.700 aiding the concept of the character. 1464 01:20:04.600 --> 01:20:08.040 If I take those and hired another illustrator, 1465 01:20:08.040 --> 01:20:10.920 cause I want a different style, but the same character, 1466 01:20:10.920 --> 01:20:12.880 that's a derivative. 1467 01:20:12.880 --> 01:20:14.420 Does this person have, 1468 01:20:14.420 --> 01:20:18.880 now what is this person's copyright versus this copyright? 1469 01:20:18.880 --> 01:20:19.720 Like is that- 1470 01:20:19.720 --> 01:20:21.260 You hire one party, 1471 01:20:21.260 --> 01:20:23.800 they give you some kind of illustration. 1472 01:20:23.800 --> 01:20:26.620 Now what's happened to that illustration? 1473 01:20:26.620 --> 01:20:28.640 Okay, so I hired somebody to do concept art 1474 01:20:28.640 --> 01:20:30.660 on a particular character. 1475 01:20:30.660 --> 01:20:31.740 Yep, got that. 1476 01:20:31.740 --> 01:20:34.300 Let's say it's mini April. 1477 01:20:34.300 --> 01:20:35.220 I'm liking April today. 1478 01:20:35.220 --> 01:20:37.400 So it's a little April character. 1479 01:20:37.400 --> 01:20:39.300 They've designed that, I like it. 1480 01:20:39.300 --> 01:20:42.140 They're not available or they do a different style of art 1481 01:20:42.140 --> 01:20:43.540 or they don't even do illustrations, 1482 01:20:43.540 --> 01:20:44.500 they just do concept art. 1483 01:20:44.500 --> 01:20:46.560 So I hired an illustrator over here 1484 01:20:46.560 --> 01:20:49.580 to take that concept and bring it to life. 1485 01:20:49.580 --> 01:20:51.740 So it's not their original, it's a derivative. 1486 01:20:51.740 --> 01:20:54.420 Is that a derivative of the concept art? 1487 01:20:54.420 --> 01:20:55.900 Yeah, it is. 1488 01:20:56.320 --> 01:20:59.760 Is that one way around them owning copyrights? 1489 01:20:59.760 --> 01:21:02.280 Cause now it's a higher derivative or they still have- 1490 01:21:02.280 --> 01:21:04.380 No, no, no, that's copyright infringement. 1491 01:21:05.640 --> 01:21:07.480 No, if I own this copyright, 1492 01:21:07.480 --> 01:21:10.720 I own this and I license them to do derivatives. 1493 01:21:10.720 --> 01:21:11.560 Yeah. 1494 01:21:11.560 --> 01:21:12.380 Oh, okay. 1495 01:21:12.380 --> 01:21:14.420 Well, if you bought the original, it's your copyright. 1496 01:21:14.420 --> 01:21:16.460 So I licensed them to do, 1497 01:21:17.320 --> 01:21:21.080 I'm essentially licensing them to do a derivative. 1498 01:21:21.080 --> 01:21:24.640 Yeah, when I hire somebody to actually do a derivative work, 1499 01:21:24.640 --> 01:21:26.740 I make sure they assign all rights, title and interest 1500 01:21:26.740 --> 01:21:29.660 to me to derivative work as the copyright owner, right? 1501 01:21:29.660 --> 01:21:30.780 That's what I do. 1502 01:21:30.780 --> 01:21:33.020 And so now I have this original work 1503 01:21:33.020 --> 01:21:34.700 and it's assigned over to me. 1504 01:21:34.700 --> 01:21:36.780 I go over and it's the Snoopy, right? 1505 01:21:36.780 --> 01:21:38.460 And I'm like, well, I want Snoopy to come 1506 01:21:38.460 --> 01:21:40.180 into like the modern day era. 1507 01:21:40.180 --> 01:21:42.180 So I want color, I want like, you know, 1508 01:21:42.180 --> 01:21:45.340 ears that wrap around his head instead of droop down. 1509 01:21:45.340 --> 01:21:47.540 Like I want a different look. 1510 01:21:47.540 --> 01:21:50.800 So now I give that to the graphic illustrator. 1511 01:21:50.800 --> 01:21:51.640 He creates that. 1512 01:21:51.640 --> 01:21:53.540 That's a derivative work of my original work 1513 01:21:53.560 --> 01:21:54.800 that I own. 1514 01:21:54.800 --> 01:21:57.080 So I make sure that before I signed that agreement 1515 01:21:57.080 --> 01:21:59.200 with them, they sign an agreement that says 1516 01:21:59.200 --> 01:22:01.120 I hereby assign all rights, title and interest 1517 01:22:01.120 --> 01:22:04.480 over to Peter Nieves or A to E challenges. 1518 01:22:04.480 --> 01:22:06.000 So now what happens is when they create 1519 01:22:06.000 --> 01:22:07.840 that derivative work, I own it. 1520 01:22:07.840 --> 01:22:09.800 Like it's fully owned by me. 1521 01:22:09.800 --> 01:22:12.320 I don't wait to do the work and then come to them 1522 01:22:12.320 --> 01:22:14.680 and say, hey, I need you to sign it to me. 1523 01:22:14.680 --> 01:22:16.920 Or I try to convince them that it's a derivative work 1524 01:22:16.920 --> 01:22:17.760 because most people don't know 1525 01:22:17.760 --> 01:22:19.480 what the heck a derivative work is. 1526 01:22:19.480 --> 01:22:20.320 Right. 1527 01:22:20.320 --> 01:22:21.840 So now I'm like, no, you're committing 1528 01:22:22.500 --> 01:22:23.340 copyright infringement. 1529 01:22:23.340 --> 01:22:24.540 And they're going, what? 1530 01:22:26.060 --> 01:22:27.940 I'm in like the Philippines. 1531 01:22:27.940 --> 01:22:32.100 Like you hired me off of Fiber to create a, you know, 1532 01:22:32.100 --> 01:22:32.940 a work for you. 1533 01:22:32.940 --> 01:22:35.020 And now you want to talk to me about US copyright law. 1534 01:22:35.020 --> 01:22:36.660 Good luck trying to enforce that. 1535 01:22:37.620 --> 01:22:40.620 So that's why you want to get all your agreements. 1536 01:22:40.620 --> 01:22:42.620 And that's, I think I'm going to close with this. 1537 01:22:42.620 --> 01:22:43.460 It's important. 1538 01:22:43.460 --> 01:22:47.780 You guys need to get all your agreements signed upfront. 1539 01:22:48.680 --> 01:22:52.220 Don't wait until you're done with your project. 1540 01:22:52.220 --> 01:22:54.060 That's a really bad idea. 1541 01:22:55.680 --> 01:22:56.560 All right. 1542 01:22:56.560 --> 01:22:58.760 What a lot of people do is they file their patent. 1543 01:22:58.760 --> 01:23:00.440 Then they go to somebody to assign 1544 01:23:00.440 --> 01:23:02.320 all rights and all interests to them. 1545 01:23:02.320 --> 01:23:06.120 Or they'll get the new work created. 1546 01:23:06.120 --> 01:23:07.160 Then they'll go over and say, 1547 01:23:07.160 --> 01:23:08.680 can you please sign this assignment? 1548 01:23:08.680 --> 01:23:09.600 Don't do that. 1549 01:23:10.520 --> 01:23:11.460 Right up front. 1550 01:23:11.460 --> 01:23:13.840 When you hire somebody, give them the agreement 1551 01:23:13.840 --> 01:23:17.640 before you pay them a penny, before you sign anything. 1552 01:23:18.300 --> 01:23:19.140 Here's the agreement. 1553 01:23:19.140 --> 01:23:21.220 It says, I hereby assign all rights and all interests 1554 01:23:21.220 --> 01:23:23.820 to blah, blah, blah, the copyright or derivative works 1555 01:23:23.820 --> 01:23:25.820 or blah, blah, blah, blah, whatever it is. 1556 01:23:25.820 --> 01:23:28.340 Get a good legal document from attorney. 1557 01:23:28.340 --> 01:23:30.540 Get that signed first. 1558 01:23:30.540 --> 01:23:32.420 Then let them do the work. 1559 01:23:32.420 --> 01:23:35.220 Because once the work's done, you're now their prisoner. 1560 01:23:36.100 --> 01:23:38.940 Now they can say, no, I'm not going to sign that. 1561 01:23:38.940 --> 01:23:42.220 And you're like, but you have to under copyright law. 1562 01:23:42.220 --> 01:23:43.580 And then for you to enforce it, 1563 01:23:43.580 --> 01:23:46.780 you're going to pay a lawyer 600 bucks an hour. 1564 01:23:46.800 --> 01:23:49.080 When you could have just given them a document up front 1565 01:23:49.080 --> 01:23:53.400 and said, as a condition for you to get anything, 1566 01:23:53.400 --> 01:23:55.520 you need to sign this before we start work. 1567 01:23:55.520 --> 01:23:58.400 And don't think that what you can do 1568 01:23:58.400 --> 01:24:01.180 is not pay them until you get it. 1569 01:24:01.180 --> 01:24:02.520 Don't do that. 1570 01:24:02.520 --> 01:24:04.400 Because you'll get sued for that too. 1571 01:24:04.400 --> 01:24:06.440 Don't think, well, I had all the work done. 1572 01:24:06.440 --> 01:24:07.520 All I'm going to do is I'm just, 1573 01:24:07.520 --> 01:24:09.600 I'm not going to pay them until they sign the assignment. 1574 01:24:09.600 --> 01:24:13.540 That wasn't a condition of the original agreement. 1575 01:24:13.540 --> 01:24:15.400 You just added a new term. 1576 01:24:16.380 --> 01:24:19.660 So you can get into trouble legally for just doing that. 1577 01:24:19.660 --> 01:24:20.620 So don't do that. 1578 01:24:21.540 --> 01:24:23.540 Get it all up front, all right? 1579 01:24:23.540 --> 01:24:26.380 Larissa, last question, and we will close. 1580 01:24:32.540 --> 01:24:34.660 Crystal had a quick question, 1581 01:24:34.660 --> 01:24:37.920 but she had to jump on doctor's calls. 1582 01:24:37.920 --> 01:24:39.580 She won't be telling me that, but we're all family. 1583 01:24:39.580 --> 01:24:43.440 Okay, she's reviewed the Facebook terms and conditions. 1584 01:24:43.460 --> 01:24:46.780 She removed her videos off the platform 1585 01:24:46.780 --> 01:24:48.660 because she already had them there. 1586 01:24:48.660 --> 01:24:50.060 She doesn't think it's clear 1587 01:24:50.060 --> 01:24:53.800 if they could retain any rights to them if they're deleted. 1588 01:24:54.740 --> 01:24:56.980 So does, if you delete materials that, 1589 01:24:56.980 --> 01:24:58.820 like creative materials, say we did a workshop, 1590 01:24:58.820 --> 01:25:00.720 you know, we live streamed or whatever. 1591 01:25:00.000 --> 01:25:05.160 Theoretically, if we remove them from Facebook, does Facebook still, because they were there 1592 01:25:05.160 --> 01:25:07.160 once, retain any rights? 1593 01:25:07.160 --> 01:25:08.160 Yep. 1594 01:25:08.160 --> 01:25:16.780 Yeah, there's this thing, one of the conditions in the Facebook agreement makes reference 1595 01:25:16.780 --> 01:25:25.360 to if you delete and you do some other act, then they're not supposed to have rights. 1596 01:25:25.360 --> 01:25:27.080 I just don't trust it. 1597 01:25:27.080 --> 01:25:29.080 I don't trust it at all. 1598 01:25:29.080 --> 01:25:35.920 Honestly, do you truly believe that after they've copied all this material, now you 1599 01:25:35.920 --> 01:25:42.680 delete your account, you truly believe that they're going to delete all your material? 1600 01:25:42.680 --> 01:25:44.160 That's crazy. 1601 01:25:44.160 --> 01:25:45.840 I wouldn't go down that route. 1602 01:25:45.840 --> 01:25:55.080 I'm going to unpin you because you're doing mascara or something. 1603 01:25:55.080 --> 01:26:01.000 If you're posting things, one of the things I mentioned yesterday during the challenge 1604 01:26:01.000 --> 01:26:03.040 is you got to do a balance. 1605 01:26:03.040 --> 01:26:10.320 You have to figure out, is the forum in which I'm providing this service so important to 1606 01:26:10.320 --> 01:26:16.000 me that I'm okay with potentially losing certain rights to what I'm providing? 1607 01:26:16.000 --> 01:26:17.000 Let's admit it. 1608 01:26:17.000 --> 01:26:26.760 Facebook is a platform with millions, if not billions of people on it. 1609 01:26:26.760 --> 01:26:31.600 You're able to take advantage of a platform that wouldn't exist otherwise. 1610 01:26:31.600 --> 01:26:38.800 It may be the case that you think to yourself, well, yeah, I may run the risk that possibly 1611 01:26:38.800 --> 01:26:44.480 they use one of my images in something, but the advantages that I have in using this are 1612 01:26:44.480 --> 01:26:48.760 so high that they dwarf my concern. 1613 01:26:48.760 --> 01:26:49.760 That might be your situation. 1614 01:26:49.760 --> 01:26:52.040 For me, that's not my situation. 1615 01:26:52.040 --> 01:26:56.560 I'm training people on legal concepts. 1616 01:26:56.560 --> 01:27:04.680 If Facebook truly understood what I'm teaching, I guarantee you they'll create an online class 1617 01:27:04.680 --> 01:27:12.040 and they'll sell it for $595 and they'll make the money. 1618 01:27:12.040 --> 01:27:13.720 I don't do that for a number of reasons. 1619 01:27:13.720 --> 01:27:16.480 One is they may modify the content. 1620 01:27:16.480 --> 01:27:20.080 They may get some other quote unquote specialist who really doesn't understand the material 1621 01:27:20.080 --> 01:27:24.920 properly and now they start misguiding people and then people get in trouble. 1622 01:27:24.920 --> 01:27:26.280 I don't know if you guys have ever done this. 1623 01:27:26.280 --> 01:27:32.240 Have you ever gone to YouTube and just researched trademark law and t-shirts? 1624 01:27:32.240 --> 01:27:37.640 There are people that are telling people to take logos of other people, put them on the 1625 01:27:37.640 --> 01:27:41.960 t-shirts and then sell the t-shirts. 1626 01:27:41.960 --> 01:27:43.520 That's trademark infringement. 1627 01:27:44.320 --> 01:27:46.680 They're telling them to make a business out of this. 1628 01:27:46.680 --> 01:27:49.080 They're telling them, look, you don't even have to buy the inventory. 1629 01:27:49.080 --> 01:27:51.840 You can use this company here to fulfill the orders. 1630 01:27:51.840 --> 01:27:53.160 The orders come in here. 1631 01:27:53.160 --> 01:27:54.920 You just forward them there. 1632 01:27:54.920 --> 01:27:58.960 All you do is collect the money. 1633 01:27:58.960 --> 01:28:03.680 There are businesses that are being built on copyright and trademark infringement every 1634 01:28:03.680 --> 01:28:06.920 single day, not to mention patent infringement. 1635 01:28:06.920 --> 01:28:10.800 These are quote unquote lawyers telling you to do this. 1636 01:28:10.800 --> 01:28:12.640 Guys, it's bad. 1637 01:28:13.080 --> 01:28:18.440 I'm grateful that you're here because I don't want you guys getting into those kind of situations. 1638 01:28:18.440 --> 01:28:21.720 But separate from that, just be careful. 1639 01:28:21.720 --> 01:28:24.080 You're doing this the right way. 1640 01:28:24.080 --> 01:28:24.920 Let's keep it that way. 1641 01:28:24.920 --> 01:28:29.680 With that, I am going to jump off. 1642 01:28:29.680 --> 01:28:32.480 It is 1.47. 1643 01:28:32.480 --> 01:28:34.560 It was awesome seeing all you guys. 1644 01:28:34.560 --> 01:28:36.600 You guys are moving pretty fast. 1645 01:28:36.600 --> 01:28:41.040 I'm seeing you applying different things and you're asking real life scenarios, which is really good. 1646 01:28:41.040 --> 01:28:45.000 Like I said, I could never give you legal advice, but I'll tell you where the law is. 1647 01:28:45.000 --> 01:28:51.360 And then you have to make the decision or hire a lawyer to actually make a final decision in your situation. 1648 01:28:51.360 --> 01:28:54.920 So none of this stuff I say is legal advice. 1649 01:28:54.920 --> 01:28:59.560 I tried to guide you in the process. 1650 01:28:59.560 --> 01:29:00.640 So bless all of you. 1651 01:29:00.640 --> 01:29:01.840 Have an awesome week. 1652 01:29:01.840 --> 01:29:08.600 If you have the ability to show up tomorrow for the challenge, that'd be great. 1653 01:29:08.600 --> 01:29:13.360 The more alumni that are there on the day of the offer, the better. 1654 01:29:13.360 --> 01:29:16.720 The vibe that exists when you guys are there is just different. 1655 01:29:16.720 --> 01:29:23.040 You guys are just, you have so much positivity, so much life that you bring. 1656 01:29:23.040 --> 01:29:25.480 And you can just feel it, like you just feel it in the room. 1657 01:29:25.480 --> 01:29:29.760 So if you have the ability to be there, it'd be a true blessing to have you. 1658 01:29:29.760 --> 01:29:33.600 It's at 7.30 is when I'm going to drop the offer, p.m. 1659 01:29:33.600 --> 01:29:36.160 And if you're not going to be there, I appreciate your prayers. 1660 01:29:36.160 --> 01:29:41.800 There's a lot of really deep thinkers that are in the group that are asking about the network already. 1661 01:29:41.800 --> 01:29:43.480 I don't know how they found out about the network. 1662 01:29:43.480 --> 01:29:45.680 I didn't tell them. 1663 01:29:45.680 --> 01:29:47.280 But they're asking about it. 1664 01:29:47.280 --> 01:29:52.840 So just want to make sure that they understand all the features that are going to be provided. 1665 01:29:52.840 --> 01:29:55.320 So, all right, well, you guys have a great day. 1666 01:29:55.320 --> 01:29:55.880 Bless you. 1667 01:29:55.880 --> 01:29:57.560 I'll catch up with you later. 1668 01:29:57.560 --> 01:29:58.600 Take care. 1669 01:29:58.600 --> 01:29:58.800 Bye.