WEBVTT 1 00:00:00.000 --> 00:00:07.840 We scratched the surface in the area of copyright law. 2 00:00:07.840 --> 00:00:14.380 As you can imagine, there's a lot more in copyright law from the area of fair use, 3 00:00:14.380 --> 00:00:21.580 which is an exception to copyright infringement, to just all sorts 4 00:00:21.580 --> 00:00:24.660 of different ways to share rights with others. 5 00:00:24.900 --> 00:00:31.100 But what I wanted to do now is kind of take a little twist here and talk about licensing. 6 00:00:31.100 --> 00:00:35.880 And the reason why is because if you have certain rights under intellectual property law, 7 00:00:35.880 --> 00:00:42.880 what it does is it opens the door for you to license your IP to other people, okay? 8 00:00:43.820 --> 00:00:50.460 Now, you can do this with trademarks, with patents, with copyrights. 9 00:00:50.460 --> 00:00:53.800 You can't really license trade secrets. 10 00:00:54.800 --> 00:01:00.160 Trade secrets are like, those are things that nobody else can reverse engineer. 11 00:01:00.160 --> 00:01:07.780 Like, so you can't, let's say, sell a phone and say, well, there's a trade secret 12 00:01:07.780 --> 00:01:13.460 to the phone, meaning that there's a secret sauce to it that nobody else can figure out. 13 00:01:13.460 --> 00:01:17.280 Well, once you put it out in the market, somebody can open this thing up, 14 00:01:17.280 --> 00:01:20.900 take each one of the ASICs, you know, every single chip, 15 00:01:21.840 --> 00:01:27.400 determine all the PN junctions on things, determine where every single pin is on things, 16 00:01:27.980 --> 00:01:30.300 determine all the software associated with it. 17 00:01:30.300 --> 00:01:34.240 So that's not protectable by trade secret. 18 00:01:35.120 --> 00:01:39.720 What's protectable by trade secret are things that nobody else will be able to determine. 19 00:01:39.720 --> 00:01:45.480 So let's say you have, like, a back-end software platform and people interact 20 00:01:45.500 --> 00:01:51.460 through a website with you, but they don't have access to the software. 21 00:01:51.680 --> 00:01:55.500 They just have, like, when using an ATM machine, right, 22 00:01:55.500 --> 00:01:57.980 it gives you a graphical user interface. 23 00:01:57.980 --> 00:02:02.880 You enter in the card, you enter into your name, or you enter into your PIN number, 24 00:02:02.880 --> 00:02:06.720 and then you select the dollar amount you want, and then, boom, 25 00:02:06.720 --> 00:02:08.199 the money comes shooting out, right? 26 00:02:09.259 --> 00:02:13.480 The functionality associated with that software, 27 00:02:13.480 --> 00:02:19.240 the way that it actually gets your information from the strip on the card, 28 00:02:19.620 --> 00:02:25.780 the way it accesses your bank accounts, the way it takes certain funds 29 00:02:25.780 --> 00:02:31.300 and electronically reduces that amount from your bank account, all that stuff, 30 00:02:31.840 --> 00:02:33.080 nobody has access to that. 31 00:02:33.080 --> 00:02:34.120 That's in the back-end. 32 00:02:34.760 --> 00:02:40.040 So you could actually technically say that you can maintain a trade secret to the software 33 00:02:40.040 --> 00:02:42.580 on the back-end as long as nobody could access it. 34 00:02:42.860 --> 00:02:49.780 But you'd have to make sure that nobody, nobody who, you'd have to make it 35 00:02:49.780 --> 00:02:55.380 so that the only people who see it are those who must see it. 36 00:02:56.000 --> 00:03:00.580 It's not on a general computer on a local area network where anybody else could see it. 37 00:03:01.060 --> 00:03:02.900 You're not sharing it with the public. 38 00:03:03.520 --> 00:03:09.460 Only those who have to see it can see it, and anybody, and this is actually a requirement, 39 00:03:10.000 --> 00:03:15.360 anybody who actually sees it who is not required to see it, within 30 days, 40 00:03:15.360 --> 00:03:19.620 you have to kill them, or you lose the trade secret, okay? 41 00:03:20.080 --> 00:03:21.940 That's, no, I made that up. 42 00:03:22.120 --> 00:03:22.680 I made that up. 43 00:03:22.760 --> 00:03:23.800 That's not true. 44 00:03:24.180 --> 00:03:26.020 That's not true, okay? 45 00:03:26.020 --> 00:03:27.120 It's not true. 46 00:03:27.520 --> 00:03:30.360 Some of you are like, literally, like, this is great. 47 00:03:30.360 --> 00:03:32.600 You were like, hold it, 30 days? 48 00:03:32.600 --> 00:03:33.640 I have to kill them? 49 00:03:33.920 --> 00:03:34.200 Really? 50 00:03:34.200 --> 00:03:37.180 I was wondering, I was like, is that a different reference to term? 51 00:03:37.180 --> 00:03:38.180 What does he mean? 52 00:03:38.260 --> 00:03:40.840 It was so great just to watch the faces. 53 00:03:40.840 --> 00:03:41.760 It was so perfect. 54 00:03:42.180 --> 00:03:45.560 So, the situation is that nobody else can access it. 55 00:03:45.560 --> 00:03:51.840 It's not on a local area network, nobody else, and you're limiting access, very important. 56 00:03:52.240 --> 00:03:54.560 If that's not the case, you can't say it's a trade secret. 57 00:03:54.560 --> 00:03:55.500 It doesn't work. 58 00:03:56.120 --> 00:03:58.880 There's a lot of law in the area of trade secret law. 59 00:03:58.880 --> 00:04:03.220 So, some of you may be thinking, well, I'm going to maintain this as my own, 60 00:04:03.220 --> 00:04:05.820 but you're selling the product, and you're saying, 61 00:04:05.820 --> 00:04:07.480 I'm just not going to tell people how to make it. 62 00:04:07.480 --> 00:04:11.100 If you're selling the product, chances are somebody is going to be able to reverse engineer it, 63 00:04:11.100 --> 00:04:14.100 and you're not going to be able to maintain it as a trade secret. 64 00:04:14.100 --> 00:04:17.700 That's just, 99% of the time, that's the case, okay? 65 00:04:18.440 --> 00:04:23.740 Or if it's software, somebody like my cousin is going to be able to hack it, you know? 66 00:04:23.740 --> 00:04:29.700 I mean, my cousin's probably, not my cousin, my nephew, is probably one of the worst infringers 67 00:04:29.700 --> 00:04:31.240 of copyrights that I know. 68 00:04:32.240 --> 00:04:39.420 And his uncle is an IP attorney, and he's got like copies of every software program you can think of. 69 00:04:40.040 --> 00:04:46.200 He's got pirated copies of it, and I just, I'm just thinking, oh, my gosh, this is not good. 70 00:04:46.300 --> 00:04:49.340 But, in any case, so that's trade secret law. 71 00:04:49.340 --> 00:04:50.620 Now, let's talk about licenses. 72 00:04:51.580 --> 00:04:54.940 Okay. So, if you have, let's say, as an example, a trademark, 73 00:04:56.720 --> 00:04:59.880 and you want to allow somebody else to use that trademark. 74 00:05:00.000 --> 00:05:04.000 You can do that under a license agreement. 75 00:05:04.000 --> 00:05:06.000 Or a copyright. 76 00:05:06.000 --> 00:05:08.000 Let's say you have a painting. 77 00:05:08.000 --> 00:05:15.000 And you want to give somebody a temporary right to make copies of that painting. 78 00:05:15.000 --> 00:05:17.000 Or to display the painting. 79 00:05:17.000 --> 00:05:20.000 You can do that through what's called a license agreement. 80 00:05:20.000 --> 00:05:21.000 Okay? 81 00:05:21.000 --> 00:05:24.000 Here's the beauty of a license agreement. 82 00:05:24.000 --> 00:05:27.000 You can make it say whatever you want. 83 00:05:27.000 --> 00:05:31.000 I mean, you can put whatever conditions you want on this thing. 84 00:05:31.000 --> 00:05:34.000 You can put geographical conditions. 85 00:05:34.000 --> 00:05:38.000 You can put subject matter conditions. 86 00:05:38.000 --> 00:05:47.000 Meaning the types of embodiments of the idea that you're going to allow to be licensed. 87 00:05:47.000 --> 00:05:49.000 So let's say it's a painting, right? 88 00:05:49.000 --> 00:05:59.000 You can say, as a geographical limitation, I am going to allow Catherine to use my painting in California. 89 00:05:59.000 --> 00:06:01.000 That's my non-exclusive license. 90 00:06:01.000 --> 00:06:06.000 And in return, she's going to give me $10,000 per month. 91 00:06:06.000 --> 00:06:08.000 Okay? 92 00:06:08.000 --> 00:06:10.000 So that's a license agreement. 93 00:06:10.000 --> 00:06:11.000 All right? 94 00:06:11.000 --> 00:06:14.000 Now, I could also with Catherine decide, you know what? 95 00:06:14.000 --> 00:06:20.000 Instead of a geographical limitation, I'm going to give a specific subject matter kind of limitation. 96 00:06:20.000 --> 00:06:27.000 Which is, I'm going to give you the right to make digital copies of my painting. 97 00:06:27.000 --> 00:06:29.000 But nothing else. 98 00:06:29.000 --> 00:06:32.000 So you get to make digital copies. 99 00:06:32.000 --> 00:06:39.000 Or I could even go so far as to say, I'm going to let Catherine, actually, I've given Catherine all these rights. 100 00:06:39.000 --> 00:06:40.000 I'm going to go to Mandy. 101 00:06:40.000 --> 00:06:46.000 I'm going to give Mandy the rights to make NFTs off of my painting. 102 00:06:46.000 --> 00:06:48.000 Mandy's like, yes! 103 00:06:48.000 --> 00:06:49.000 Yes! 104 00:06:49.000 --> 00:06:51.000 That's what I was waiting for! 105 00:06:51.000 --> 00:06:54.000 It's a picture of a monkey with a cigarette. 106 00:06:54.000 --> 00:06:56.000 It's worth $10 million. 107 00:06:56.000 --> 00:06:59.000 I don't understand how people pay that much money for a monkey with a cigarette. 108 00:06:59.000 --> 00:07:00.000 I don't get it. 109 00:07:00.000 --> 00:07:02.000 But apparently it works for somebody. 110 00:07:02.000 --> 00:07:09.000 So now I've licensed to Catherine certain rights, and I've licensed to Mandy other rights. 111 00:07:09.000 --> 00:07:12.000 And those rights aren't conflicting with each other, right? 112 00:07:12.000 --> 00:07:14.000 Because they're different legal rights. 113 00:07:14.000 --> 00:07:19.000 So I can license a ton of different people. 114 00:07:19.000 --> 00:07:29.000 And I can provide a certain royalty, meaning I get paid back a certain percentage off of every sale or off of every display. 115 00:07:29.000 --> 00:07:35.000 Like when people buy a ticket to see this thing, I get a certain royalty back, a certain percentage back. 116 00:07:35.000 --> 00:07:40.000 Or I can make it so that somebody pays me a flat fee. 117 00:07:40.000 --> 00:07:47.000 So I say, Mandy, for you to create the NFTs and to sell the NFTs, I want $100,000. 118 00:07:47.000 --> 00:07:49.000 And Mandy says, no problem. 119 00:07:49.000 --> 00:07:50.000 I'm worth $100 million anyway. 120 00:07:50.000 --> 00:07:51.000 Here you go. 121 00:07:51.000 --> 00:07:53.000 Here's $100,000. 122 00:07:53.000 --> 00:08:00.000 And she goes out there, she starts selling these NFTs, and she's making like $1.7 million, right? 123 00:08:00.000 --> 00:08:04.000 She doesn't have to pay me more than $100,000. 124 00:08:05.000 --> 00:08:11.000 It's whatever was the agreed upon amount for the license. 125 00:08:11.000 --> 00:08:17.000 So a license will have a dollar amount that you should be making off of it. 126 00:08:17.000 --> 00:08:25.000 It'll be either a flat amount or it'll be a royalty, meaning a percentage, okay? 127 00:08:25.000 --> 00:08:33.000 The other thing is you can limit the rights in a license through a geographical location. 128 00:08:33.000 --> 00:08:39.000 Or you can make it like a specific right that they get only. 129 00:08:39.000 --> 00:08:43.000 The rights that you're licensing off are the rights that you have under IP. 130 00:08:43.000 --> 00:08:50.000 So as a copyright owner, you have the right to make copies, to make derivative works, to display the works. 131 00:08:50.000 --> 00:08:53.000 I can give Diana the right to display the works. 132 00:08:53.000 --> 00:09:02.000 I can give Mandy the right to make copies, and I can give Andrews the right to do something else. 133 00:09:02.000 --> 00:09:09.000 I can give different people different rights and make money off of every single one of them. 134 00:09:09.000 --> 00:09:13.000 That's how powerful licenses are. 135 00:09:13.000 --> 00:09:17.000 A good licensing plan, like MIT is one of my clients. 136 00:09:17.000 --> 00:09:22.000 They have probably one of the best licensing programs in the world. 137 00:09:22.000 --> 00:09:29.000 They make tons of money off of licenses for the patents that I write for them. 138 00:09:29.000 --> 00:09:31.000 Okay, so I write the patent. 139 00:09:31.000 --> 00:09:35.000 They find some corporation that wants legal rights to that patent. 140 00:09:35.000 --> 00:09:39.000 They license it off for half a million dollars. 141 00:09:39.000 --> 00:09:47.000 Now the two new technologies made, and MIT adds into this agreement, you know, maybe some other rights that they're going to get back based on that. 142 00:09:47.000 --> 00:09:49.000 So they're not making just the money. 143 00:09:49.000 --> 00:09:51.000 They're also making other things. 144 00:09:51.000 --> 00:09:53.000 That's smart business. 145 00:09:53.000 --> 00:09:57.000 That's the power you have through intellectual property. 146 00:09:57.000 --> 00:09:59.000 Now you may be wondering, well, hold it. 147 00:10:00.000 --> 00:10:04.520 I'm not selling a lot of volume yet. 148 00:10:04.520 --> 00:10:05.760 I may in the future. 149 00:10:06.760 --> 00:10:08.020 How do I deal with that? 150 00:10:08.020 --> 00:10:13.020 Like, what if I'm making a new product or a new book 151 00:10:13.120 --> 00:10:15.440 and so I want to give a certain royalty rate 152 00:10:15.440 --> 00:10:17.020 for the first hundred books, 153 00:10:17.020 --> 00:10:21.320 but then a second royalty rate for the next 2000 books 154 00:10:21.320 --> 00:10:25.260 and then a different royalty rate for the next 5000 books. 155 00:10:25.260 --> 00:10:26.100 You can do that. 156 00:10:26.100 --> 00:10:28.400 That's called a step license. 157 00:10:29.400 --> 00:10:30.900 A step license. 158 00:10:32.080 --> 00:10:36.400 That's where the royalty changes based on the volume 159 00:10:36.400 --> 00:10:38.300 or based on a certain action. 160 00:10:40.000 --> 00:10:41.380 So I have a book. 161 00:10:42.280 --> 00:10:45.120 I say for the first hundred copies, 162 00:10:45.120 --> 00:10:47.920 you're gonna get a dollar off of the book. 163 00:10:49.600 --> 00:10:51.740 For the next 1000 copies, 164 00:10:51.740 --> 00:10:54.780 you're gonna get 75 cents off the book. 165 00:10:54.780 --> 00:10:56.540 For the next 5000 copies, 166 00:10:56.540 --> 00:10:58.340 you're gonna get 50 cents off of the book. 167 00:10:59.100 --> 00:10:59.940 Like I can change it. 168 00:10:59.940 --> 00:11:01.240 That's called a step license. 169 00:11:01.240 --> 00:11:03.480 A certain activity happens. 170 00:11:03.480 --> 00:11:05.120 And with that activity happening, 171 00:11:05.120 --> 00:11:06.760 the royalty rate changes. 172 00:11:07.840 --> 00:11:09.680 Okay, that's very powerful. 173 00:11:09.680 --> 00:11:13.760 If you use step licenses, you can do very well. 174 00:11:16.040 --> 00:11:18.360 Any questions yet on licensing? 175 00:11:18.360 --> 00:11:21.560 It's kind of a very top level review I'm giving you. 176 00:11:21.560 --> 00:11:23.600 But I want you to understand what they are 177 00:11:23.600 --> 00:11:27.380 because if you really understand it, 178 00:11:27.800 --> 00:11:29.640 you can do very well financially. 179 00:11:29.640 --> 00:11:31.040 Very, very, very well. 180 00:11:34.680 --> 00:11:37.160 No questions on licensing before we go into copyright? 181 00:11:37.160 --> 00:11:38.640 I just want to touch base on that. 182 00:11:38.640 --> 00:11:40.680 Carrie, did you have a question? 183 00:11:40.680 --> 00:11:41.760 You have to unmute. 184 00:11:41.760 --> 00:11:42.600 I know, yes. 185 00:11:42.600 --> 00:11:43.440 Oh, there you go. 186 00:11:43.440 --> 00:11:45.560 So what if someone abuses it? 187 00:11:45.560 --> 00:11:47.580 What if they misrepresent you? 188 00:11:49.160 --> 00:11:50.320 They will. 189 00:11:50.320 --> 00:11:51.160 Yeah. 190 00:11:51.160 --> 00:11:51.980 They will. 191 00:11:52.680 --> 00:11:55.360 Especially in the area of franchise law. 192 00:11:55.360 --> 00:12:00.360 Oh my gosh, like, you give the name Subway to this location. 193 00:12:03.760 --> 00:12:06.800 You make them pay for the location 194 00:12:06.800 --> 00:12:10.520 and has the same look and feel as every other Subway. 195 00:12:10.520 --> 00:12:13.920 But then instead of like using three pieces of turkey, 196 00:12:13.920 --> 00:12:14.760 they use one. 197 00:12:14.760 --> 00:12:16.200 Right. 198 00:12:16.200 --> 00:12:17.040 Right. 199 00:12:17.040 --> 00:12:20.040 And so now all these sandwiches are like skimmed off 200 00:12:20.140 --> 00:12:23.660 all these sandwiches are like skinny mini sandwiches. 201 00:12:23.660 --> 00:12:25.220 You're like, what is going on here? 202 00:12:25.220 --> 00:12:27.400 Like, this is not representing me. 203 00:12:28.260 --> 00:12:29.660 So you have to make, 204 00:12:29.660 --> 00:12:33.520 as a condition of your providing the license, 205 00:12:33.520 --> 00:12:37.220 you want to actually provide some language in there 206 00:12:37.220 --> 00:12:40.200 that talks about your right to police the use. 207 00:12:41.380 --> 00:12:42.220 Right. 208 00:12:42.220 --> 00:12:47.220 You're policing the use of the IP intellectual property. 209 00:12:47.260 --> 00:12:48.980 So you are going to monitor it. 210 00:12:49.480 --> 00:12:50.960 That should be part of the conditions 211 00:12:50.960 --> 00:12:53.040 of your license agreement. 212 00:12:53.040 --> 00:12:55.240 So you want to make sure when you do a license, 213 00:12:55.240 --> 00:12:57.360 you're using a lawyer that understands licensing. 214 00:12:57.360 --> 00:12:58.880 Like it's really. 215 00:12:58.880 --> 00:13:00.200 So I assume that also means 216 00:13:00.200 --> 00:13:01.820 that you have to be very particular 217 00:13:01.820 --> 00:13:04.160 in how you describe what you're doing. 218 00:13:04.160 --> 00:13:06.040 So it's not just that we make sandwiches 219 00:13:06.040 --> 00:13:09.360 and you come through the line. 220 00:13:09.360 --> 00:13:12.320 It's, you know, we use three pieces 221 00:13:12.320 --> 00:13:14.960 and you have to have these choices and whatnot. 222 00:13:14.960 --> 00:13:16.120 So. 223 00:13:16.120 --> 00:13:17.840 Yeah, what I would do is I would make sure 224 00:13:17.900 --> 00:13:19.860 that you have your license agreement, 225 00:13:19.860 --> 00:13:23.780 but then you have an appendix or an addendum to it 226 00:13:23.780 --> 00:13:26.380 that lists the procedures that must be followed. 227 00:13:27.340 --> 00:13:28.180 Right. 228 00:13:28.180 --> 00:13:29.560 So it's not just, 229 00:13:29.560 --> 00:13:32.000 you're getting a license to use the name, 230 00:13:33.500 --> 00:13:34.480 let's say, 231 00:13:36.280 --> 00:13:37.320 Meadeys, right? 232 00:13:37.320 --> 00:13:39.420 Meadeys, because they sell everything meat, right? 233 00:13:39.420 --> 00:13:41.460 So Meadeys, right? 234 00:13:41.460 --> 00:13:46.100 So you get the license to use the name Meadeys 235 00:13:46.100 --> 00:13:48.160 and we're really well known 236 00:13:48.160 --> 00:13:50.420 because we provide more meat in all of our sandwiches 237 00:13:50.420 --> 00:13:51.260 than anybody else. 238 00:13:51.260 --> 00:13:53.800 And you're like, yeah, I'm going to save on the inventory 239 00:13:53.800 --> 00:13:56.320 and put only one piece of turkey on there, right? 240 00:13:56.320 --> 00:13:59.060 And so you should have the right 241 00:13:59.060 --> 00:14:00.660 to monitor what they're doing. 242 00:14:00.660 --> 00:14:03.160 So you make an addendum that has conditions 243 00:14:03.160 --> 00:14:04.160 that must be followed, 244 00:14:04.160 --> 00:14:08.040 but then separate from that, you say that with, 245 00:14:08.040 --> 00:14:10.600 and what I would do is a way to word it 246 00:14:10.600 --> 00:14:14.280 that's actually more amicable than others. 247 00:14:14.300 --> 00:14:17.020 The way I do it in my own license agreements, 248 00:14:17.020 --> 00:14:18.660 I just give you a little insight into this. 249 00:14:18.660 --> 00:14:19.740 It's not legal advice. 250 00:14:19.740 --> 00:14:22.500 I'm just giving you like what I do, okay? 251 00:14:22.500 --> 00:14:26.660 So what I do is I say 252 00:14:28.060 --> 00:14:31.820 with five days notice, 253 00:14:31.820 --> 00:14:33.860 I have the right to come to the establishment 254 00:14:33.860 --> 00:14:36.340 and determine whether or not things are being followed 255 00:14:36.340 --> 00:14:37.260 the way I want. 256 00:14:37.260 --> 00:14:39.620 Now, I also have other agreements to say 257 00:14:39.620 --> 00:14:42.620 within with 24 hour notice, right? 258 00:14:42.640 --> 00:14:45.320 I shouldn't just randomly walk into their stores. 259 00:14:45.320 --> 00:14:47.800 Like that's just weird, right? 260 00:14:47.800 --> 00:14:49.640 Unless I really want that right. 261 00:14:49.640 --> 00:14:52.520 I mean, you may feel like I have the right 262 00:14:52.520 --> 00:14:55.920 to stop by anytime, then put that in your agreement. 263 00:14:55.920 --> 00:14:59.800 Right in your agreement that I can, without any notice, 264 00:15:00.000 --> 00:15:02.320 come into your store, your location, 265 00:15:02.320 --> 00:15:07.000 and determine whether or not you're following my policies. 266 00:15:07.000 --> 00:15:10.640 I have full access to your facilities at all times. 267 00:15:10.640 --> 00:15:12.360 You can do that. 268 00:15:12.360 --> 00:15:13.400 You can make a license. 269 00:15:13.400 --> 00:15:14.900 And this is the beauty of a license. 270 00:15:14.900 --> 00:15:16.760 It's like buying a house, right? 271 00:15:16.760 --> 00:15:19.680 You can charge as much as you want or as little as you want. 272 00:15:19.680 --> 00:15:21.600 Now, somebody is going to have to agree to it. 273 00:15:21.600 --> 00:15:23.140 So if you make it too difficult, you 274 00:15:23.140 --> 00:15:27.160 may get nobody to agree to your agreement. 275 00:15:27.160 --> 00:15:29.240 So it's just up to you to determine 276 00:15:29.240 --> 00:15:31.080 what's the standard in the industry, 277 00:15:31.080 --> 00:15:33.400 like what do people typically do, 278 00:15:33.400 --> 00:15:37.120 and then do something that's kind of similar, maybe 279 00:15:37.120 --> 00:15:38.440 a little more stringent. 280 00:15:38.440 --> 00:15:40.080 But if you're making it more stringent, 281 00:15:40.080 --> 00:15:44.080 then it should cost less for the license. 282 00:15:44.080 --> 00:15:46.600 You'll see it's all a balance, right? 283 00:15:46.600 --> 00:15:49.520 So if you have a lot of restrictions to the license, 284 00:15:49.520 --> 00:15:51.480 they're not going to want to pay you a lot. 285 00:15:51.480 --> 00:15:53.400 If there's almost no restrictions, 286 00:15:53.400 --> 00:15:57.120 you should get paid a ton because you're minimizing 287 00:15:57.120 --> 00:15:58.640 the number of restrictions. 288 00:15:58.640 --> 00:16:00.200 So it's all a balancing test. 289 00:16:00.200 --> 00:16:02.320 It should be about even. 290 00:16:02.320 --> 00:16:04.960 All of the agreements, one thing I teach people 291 00:16:04.960 --> 00:16:10.000 when I train on licensing, it should be a win-win situation. 292 00:16:10.000 --> 00:16:12.840 If it's not a win-win situation, the other party 293 00:16:12.840 --> 00:16:15.480 is going to try to find ways around your agreement 294 00:16:15.480 --> 00:16:17.960 the entire time they're in the agreement. 295 00:16:17.960 --> 00:16:20.960 And it leads to an adversarial relationship instead 296 00:16:20.960 --> 00:16:23.360 of an amicable relationship. 297 00:16:23.360 --> 00:16:26.560 In a license agreement, an amicable relationship 298 00:16:26.560 --> 00:16:29.160 is very valuable because you can end up 299 00:16:29.160 --> 00:16:32.920 with a licensee for the entire life of the IP. 300 00:16:32.920 --> 00:16:40.280 My parents have owned the same penthouse in Yonkers for, 301 00:16:40.280 --> 00:16:45.680 gosh, 20 years, maybe? 302 00:16:45.680 --> 00:16:47.160 20 years? 303 00:16:47.160 --> 00:16:51.520 And of the 20 years, they've had the same person renting it 304 00:16:51.520 --> 00:16:56.240 out, I don't know why, for 15 years. 305 00:16:56.760 --> 00:17:01.280 They're really the perfect person to rent from. 306 00:17:01.280 --> 00:17:03.040 They don't bother you. 307 00:17:03.040 --> 00:17:06.400 They tell you, we're going to stop by twice a year. 308 00:17:06.400 --> 00:17:08.800 The place better look good when we stop by. 309 00:17:08.800 --> 00:17:10.599 If not, we're going to kick you out. 310 00:17:10.599 --> 00:17:12.960 So people take care of the place. 311 00:17:12.960 --> 00:17:14.480 They're respectful. 312 00:17:14.480 --> 00:17:16.800 And they have a good relationship with them. 313 00:17:16.800 --> 00:17:19.520 So if you have a good relationship with a licensee, 314 00:17:19.520 --> 00:17:22.040 you can make a lot of money. 315 00:17:22.040 --> 00:17:26.960 And remember, with IP, you're not making anything. 316 00:17:26.960 --> 00:17:29.040 You can actually own the intellectual property 317 00:17:29.040 --> 00:17:31.440 and never make something. 318 00:17:31.440 --> 00:17:32.960 Now, if it's the trademark world, 319 00:17:32.960 --> 00:17:35.240 you have to be selling something. 320 00:17:35.240 --> 00:17:39.640 Because trademarks, you can only own trademarks for as long 321 00:17:39.640 --> 00:17:41.840 as, actually, I'll teach you guys something here 322 00:17:41.840 --> 00:17:44.320 that most people don't know. 323 00:17:44.320 --> 00:17:46.360 If you have a trademark on a product, 324 00:17:46.360 --> 00:17:49.640 a logo for a product, and you stop 325 00:17:49.640 --> 00:17:56.280 using the logo on the product for two years of five years, 326 00:17:56.280 --> 00:18:01.840 then you lose your rights to the logo or to the trademark. 327 00:18:01.840 --> 00:18:05.080 You must be using it for at least three consecutive years 328 00:18:05.080 --> 00:18:06.920 in a five-year period. 329 00:18:06.920 --> 00:18:09.960 If you stop using it for three consecutive years, 330 00:18:09.960 --> 00:18:11.320 you can get into problems. 331 00:18:11.320 --> 00:18:14.000 So is this where we saw the renewed? 332 00:18:14.000 --> 00:18:15.040 The renewals. 333 00:18:15.040 --> 00:18:15.960 OK. 334 00:18:15.960 --> 00:18:18.600 Yeah, so when you're looking at following your Section 8, 335 00:18:18.600 --> 00:18:23.680 your Section 15, your Section 9, all those things, 336 00:18:23.680 --> 00:18:26.800 those are renewals to your trademarks. 337 00:18:26.800 --> 00:18:29.680 And so you've got to make sure that you're 338 00:18:29.680 --> 00:18:31.360 continuing to use it. 339 00:18:31.360 --> 00:18:33.520 If you haven't been using it for at least three years 340 00:18:33.520 --> 00:18:35.760 or the last five years, it's gone. 341 00:18:35.760 --> 00:18:37.360 You can't renew it. 342 00:18:37.360 --> 00:18:41.400 And that kind of stinks if you're like Coca-Cola 343 00:18:41.400 --> 00:18:43.560 and you just decided, well, we're 344 00:18:43.560 --> 00:18:45.400 going to go to a new brand. 345 00:18:45.400 --> 00:18:49.480 And you just kind of ignore the original trademark 346 00:18:49.480 --> 00:18:50.920 and it's not being used. 347 00:18:50.920 --> 00:18:52.720 It's gone. 348 00:18:52.720 --> 00:18:55.320 So somebody else can file for it. 349 00:18:55.320 --> 00:18:56.520 OK. 350 00:18:56.520 --> 00:18:57.760 Cool, thank you. 351 00:18:57.760 --> 00:18:58.840 Yeah, you're welcome. 352 00:18:58.840 --> 00:19:03.640 Starting out, I'm just hearing cha-ching, cha-ching, cha-ching, 353 00:19:03.640 --> 00:19:07.960 renewal, trademark, all of this stuff. 354 00:19:07.960 --> 00:19:10.000 For somebody starting out, how do you 355 00:19:10.000 --> 00:19:13.400 determine what you're going to trademark, 356 00:19:13.400 --> 00:19:17.200 what you're going to, like you could 357 00:19:17.200 --> 00:19:22.240 be spending a fortune as a brand new company just getting going. 358 00:19:22.240 --> 00:19:26.640 So how do you determine what do you trademark? 359 00:19:26.640 --> 00:19:28.920 What do you copyright? 360 00:19:28.920 --> 00:19:31.200 What do you, I mean, I can understand. 361 00:19:31.200 --> 00:19:35.640 Number one, the first thing you do is what you did. 362 00:19:35.640 --> 00:19:38.440 You signed up for this challenge, right? 363 00:19:38.440 --> 00:19:40.200 So by signing up for this challenge, 364 00:19:40.200 --> 00:19:42.920 you know how to do a trademark search. 365 00:19:42.960 --> 00:19:45.760 So if you were going to go after 10 different trademarks, 366 00:19:45.760 --> 00:19:47.960 you should not be filing for 10 different trademarks. 367 00:19:47.960 --> 00:19:49.440 You should be in a trademark search 368 00:19:49.440 --> 00:19:52.600 to determine which two actually look good. 369 00:19:52.600 --> 00:19:57.840 So now you're down from $10,000 to $2,000. 370 00:19:57.840 --> 00:20:01.120 And you didn't spend a penny, right? 371 00:20:00.000 --> 00:20:03.240 So you just saved $8,000 for a $95 investment. 372 00:20:03.240 --> 00:20:04.520 That's a pretty good deal. 373 00:20:04.520 --> 00:20:05.800 So that's the first thing you did, 374 00:20:05.800 --> 00:20:08.800 was you decreased the number of things 375 00:20:08.800 --> 00:20:09.920 that you could potentially own. 376 00:20:09.920 --> 00:20:12.360 But now you ask a great question, Sherry, 377 00:20:12.360 --> 00:20:16.680 which is, which things do I go after and when? 378 00:20:16.680 --> 00:20:18.680 Like, when do I go after them immediately 379 00:20:18.680 --> 00:20:20.840 or do I go after them over time? 380 00:20:20.840 --> 00:20:22.600 Well, the beauty about copyrights, 381 00:20:22.600 --> 00:20:24.520 like I taught all of you today, 382 00:20:24.520 --> 00:20:26.560 is you have certain legal rights and copyrights 383 00:20:26.560 --> 00:20:27.760 without filing anything. 384 00:20:28.760 --> 00:20:30.320 Like, you don't even have to file 385 00:20:30.320 --> 00:20:33.520 and you already have legal rights in the copyright law. 386 00:20:33.520 --> 00:20:36.960 The other thing is copyrights only cost $65. 387 00:20:36.960 --> 00:20:40.600 That's very inexpensive in the IP world. 388 00:20:40.600 --> 00:20:45.600 Patents can cost you $12,000 for one patent, one patent. 389 00:20:46.080 --> 00:20:50.840 When trademark typically beginning to end, 390 00:20:50.840 --> 00:20:53.080 it depends on if you get an office action. 391 00:20:54.080 --> 00:20:57.360 Because if you get, aw, hi, buddy. 392 00:20:59.120 --> 00:21:01.200 If you file a trademark application 393 00:21:02.200 --> 00:21:05.880 and that was a complete distraction, Sherry. 394 00:21:05.880 --> 00:21:07.320 I just want you to understand, 395 00:21:07.320 --> 00:21:08.600 that was a huge distraction. 396 00:21:08.600 --> 00:21:09.920 I love animals. 397 00:21:09.920 --> 00:21:12.400 And so if you get, 398 00:21:12.400 --> 00:21:14.360 if you're going to have to trademark application, 399 00:21:14.360 --> 00:21:16.160 you do your own search. 400 00:21:16.160 --> 00:21:17.680 Then after you do your own search 401 00:21:17.680 --> 00:21:20.240 and you reduce it from 10 trademarks down to two, 402 00:21:20.240 --> 00:21:22.240 you select the one you really want to go after. 403 00:21:22.360 --> 00:21:25.600 Then you hire a professional to do the search on the one. 404 00:21:26.720 --> 00:21:29.960 So now you're paying maybe a thousand bucks 405 00:21:29.960 --> 00:21:34.000 to maybe 1200 for a professional search. 406 00:21:34.000 --> 00:21:36.440 Because the searching entity like Thomson Reuters 407 00:21:36.440 --> 00:21:39.160 is going to charge you $800 for a search. 408 00:21:39.160 --> 00:21:41.920 And then the results have to be reviewed by an attorney. 409 00:21:41.920 --> 00:21:44.640 They'll charge you maybe about 400 bucks to review them. 410 00:21:44.640 --> 00:21:47.480 So that's about 1200 bucks for the search. 411 00:21:47.480 --> 00:21:49.840 The trademark application itself, 412 00:21:49.840 --> 00:21:52.560 you know the parts of the application now. 413 00:21:53.640 --> 00:21:54.840 Through this challenge, 414 00:21:54.840 --> 00:21:59.840 you guys should be saving probably 40 to 50% 415 00:22:00.200 --> 00:22:02.600 of the typical cost of a trademark application, 416 00:22:02.600 --> 00:22:05.480 just by the fact that you did this challenge. 417 00:22:05.480 --> 00:22:07.800 And there's many testimonies of people 418 00:22:07.800 --> 00:22:09.520 who've done this challenge that have found 419 00:22:09.520 --> 00:22:13.400 that when they give everything together to their attorney, 420 00:22:13.400 --> 00:22:15.240 all the attorney has to do is basically 421 00:22:15.240 --> 00:22:16.720 put the stuff together, review it, 422 00:22:16.720 --> 00:22:18.560 make sure it's okay and file it. 423 00:22:18.560 --> 00:22:21.160 They can do that within an hour or two. 424 00:22:21.160 --> 00:22:24.400 Versus five hours of going back on, 425 00:22:24.400 --> 00:22:26.080 what's your recitation of goods? 426 00:22:26.080 --> 00:22:28.200 What's your international class? 427 00:22:28.200 --> 00:22:29.440 Give me a good specimen. 428 00:22:29.440 --> 00:22:30.400 What's a good specimen? 429 00:22:30.400 --> 00:22:32.080 What's a bad specimen? 430 00:22:32.080 --> 00:22:34.240 Like it takes a lot of time to get that. 431 00:22:34.240 --> 00:22:36.320 You should know what to do now. 432 00:22:36.320 --> 00:22:39.400 So if that's the case, 433 00:22:39.400 --> 00:22:41.800 then for a trademark application, 434 00:22:41.800 --> 00:22:45.640 it might cost you 800 bucks or $1,000, 435 00:22:45.640 --> 00:22:50.640 including the USPTO fee of $250 or 300, 275, 250. 436 00:22:51.360 --> 00:22:52.200 What was it? 437 00:22:52.200 --> 00:22:53.840 250 or 275 yesterday? 438 00:22:53.840 --> 00:22:54.680 250? 439 00:22:54.680 --> 00:22:55.520 250, right? 440 00:22:55.520 --> 00:22:57.400 250 to 350. 441 00:22:57.400 --> 00:22:58.240 Yeah. 442 00:22:58.240 --> 00:23:00.160 So the 350 is if you write it yourself. 443 00:23:00.160 --> 00:23:03.960 The other one is 250 if you use their way of doing it. 444 00:23:03.960 --> 00:23:05.760 I would suggest you use their way of doing it. 445 00:23:05.760 --> 00:23:07.840 That saves you a hundred bucks. 446 00:23:07.840 --> 00:23:10.080 So now the rest of the fee is the attorney's fee, right? 447 00:23:10.080 --> 00:23:13.040 So now you do that, you get it filed, 448 00:23:13.040 --> 00:23:15.480 and then you wait to see if the examiner rejects 449 00:23:16.320 --> 00:23:17.160 or allows it. 450 00:23:17.160 --> 00:23:18.720 If he allows it or she allows it, 451 00:23:19.760 --> 00:23:22.800 all you gotta do next is a reporting letter 452 00:23:22.800 --> 00:23:23.960 for your registration, 453 00:23:23.960 --> 00:23:26.120 a reporting letter for publication, 454 00:23:26.120 --> 00:23:28.600 might cost you another 500 bucks. 455 00:23:28.600 --> 00:23:31.920 So you're done beginning to end around two grand 456 00:23:33.520 --> 00:23:36.040 for a trademark over a year, 457 00:23:36.040 --> 00:23:41.040 where about maybe a thousand bucks is upfront, right? 458 00:23:43.000 --> 00:23:44.360 And then there's like reporting. 459 00:23:44.360 --> 00:23:48.280 And then if you want to assign your trademark over, 460 00:23:48.280 --> 00:23:50.320 you have to sign an assignment document 461 00:23:50.320 --> 00:23:51.280 and it has to be docketed. 462 00:23:51.280 --> 00:23:53.160 So that might cost a couple of hundred bucks 463 00:23:53.160 --> 00:23:54.440 in the pattern. 464 00:23:54.440 --> 00:23:57.520 So the key is though, 465 00:23:57.520 --> 00:23:59.440 you need to reduce the number of things 466 00:23:59.440 --> 00:24:00.720 that you're filing on. 467 00:24:00.720 --> 00:24:04.080 What I tell people do not do is don't just say, 468 00:24:04.080 --> 00:24:05.680 man, I like these five names. 469 00:24:05.680 --> 00:24:07.440 I'm gonna just file in them all. 470 00:24:07.440 --> 00:24:10.360 No, you should be doing trademark searches on them. 471 00:24:10.360 --> 00:24:13.640 Find out which ones are in fact protectable. 472 00:24:13.640 --> 00:24:15.240 If they're not protectable, 473 00:24:15.240 --> 00:24:17.120 don't spend the money filing on them. 474 00:24:18.360 --> 00:24:22.120 But you now know how to do a quick search at a top level. 475 00:24:22.120 --> 00:24:24.800 And tomorrow I'm gonna be mentioning something 476 00:24:24.800 --> 00:24:27.480 that is an offer for you guys, 477 00:24:27.480 --> 00:24:28.760 where I'm gonna, 478 00:24:28.760 --> 00:24:30.680 I don't wanna lose all the fire on this thing, 479 00:24:30.680 --> 00:24:33.800 but basically one of the features I'm gonna be giving you 480 00:24:33.800 --> 00:24:36.520 is something where I will work with you 481 00:24:36.520 --> 00:24:40.760 on doing a top level search as a group, right? 482 00:24:40.760 --> 00:24:43.600 So, I mean, people literally come out to me 483 00:24:43.600 --> 00:24:45.720 just to find that opportunity. 484 00:24:45.720 --> 00:24:49.640 So what I would say is look at all the things, 485 00:24:49.640 --> 00:24:51.080 start out, step number one should be 486 00:24:51.080 --> 00:24:53.480 list all the things you think you wanna protect. 487 00:24:53.480 --> 00:24:55.800 Number two, decrease the list. 488 00:24:55.800 --> 00:24:58.320 That should be right off the bat. 489 00:24:58.320 --> 00:24:59.760 Decrease the list. 490 00:24:59.760 --> 00:25:00.600 How do you do that? 491 00:25:00.000 --> 00:25:02.160 Decrease the list, trademark searching. 492 00:25:03.040 --> 00:25:04.460 That'll decrease the number of things 493 00:25:04.460 --> 00:25:06.320 that you can actually protect, right? 494 00:25:07.260 --> 00:25:10.480 Determining whether or not that domain name is available. 495 00:25:10.480 --> 00:25:13.040 But the second you do not search 496 00:25:13.040 --> 00:25:15.140 for that domain name until what? 497 00:25:17.260 --> 00:25:18.100 Until what? 498 00:25:19.760 --> 00:25:21.080 You're ready to file. 499 00:25:21.080 --> 00:25:22.120 You're ready to file. 500 00:25:23.240 --> 00:25:26.440 Don't search for that domain name until you're ready to file. 501 00:25:26.440 --> 00:25:29.280 Like you do that search, you know, for the trademark 502 00:25:29.360 --> 00:25:31.000 and you go, oh, it's clear. 503 00:25:31.000 --> 00:25:32.000 I'm ready to file. 504 00:25:32.000 --> 00:25:33.400 Great, you're going to file. 505 00:25:33.400 --> 00:25:37.160 Now you can go over and do your domain name thing, right? 506 00:25:37.160 --> 00:25:39.800 I would personally buy the domain name before you file 507 00:25:39.800 --> 00:25:41.520 and I would do it on the same day. 508 00:25:41.520 --> 00:25:43.360 That's what I would do. 509 00:25:43.360 --> 00:25:45.160 Because I'm telling you guys, 510 00:25:45.160 --> 00:25:48.960 there are people that monitor every trademark that is filed. 511 00:25:48.960 --> 00:25:50.960 I'm not making this up. 512 00:25:50.960 --> 00:25:53.400 This is what they do for a living. 513 00:25:53.400 --> 00:25:57.280 They watch the trademark, they watch the trademark site 514 00:25:57.280 --> 00:25:59.640 and they say, oh, new trademark application. 515 00:25:59.640 --> 00:26:01.720 They go right onto Namecheap. 516 00:26:01.720 --> 00:26:03.240 They type in that exact name 517 00:26:03.240 --> 00:26:06.120 and they buy that name.com immediately. 518 00:26:06.960 --> 00:26:09.960 So do not submit a new application 519 00:26:09.960 --> 00:26:11.400 until you buy the domain name, 520 00:26:11.400 --> 00:26:15.000 but do not file the domain name 521 00:26:15.000 --> 00:26:17.640 or purchase the domain name until you do a search. 522 00:26:18.600 --> 00:26:21.280 So step number one, become creative, 523 00:26:21.280 --> 00:26:23.900 come up with a new idea, a new name. 524 00:26:23.900 --> 00:26:26.200 Step number two, do a search. 525 00:26:27.120 --> 00:26:30.080 Step number three, get ready to file your application, 526 00:26:30.080 --> 00:26:32.760 but in the same day, purchase your domain name. 527 00:26:34.280 --> 00:26:36.280 Then file your trademark application. 528 00:26:37.200 --> 00:26:39.360 That is, in my experience, 529 00:26:39.360 --> 00:26:43.240 that is the cleanest and least expensive way 530 00:26:43.240 --> 00:26:44.520 to get through the process. 531 00:26:44.520 --> 00:26:47.520 And you probably save yourself hundreds, 532 00:26:47.520 --> 00:26:51.840 if not thousands of dollars by doing it that specific way. 533 00:26:51.840 --> 00:26:54.460 The alternative is somebody buys a domain name. 534 00:26:54.460 --> 00:26:56.940 Now you got to buy it off of them for 2,500 bucks 535 00:26:58.780 --> 00:27:00.540 or some other situation. 536 00:27:00.540 --> 00:27:02.580 I mean, I was remarkably blessed. 537 00:27:02.580 --> 00:27:06.420 One of my students, like in my training, 538 00:27:06.420 --> 00:27:07.940 called me up and said, 539 00:27:07.940 --> 00:27:12.620 hey, kingdom.law is available. 540 00:27:12.620 --> 00:27:15.820 If you don't buy it, I'm going to buy it right now. 541 00:27:15.820 --> 00:27:17.340 I said, wait, wait, I'm buying it. 542 00:27:17.340 --> 00:27:19.980 So I went and I bought kingdom.law. 543 00:27:19.980 --> 00:27:23.380 Then I had another person who I've been working with 544 00:27:23.380 --> 00:27:26.180 and that person came out to me and said, 545 00:27:26.180 --> 00:27:29.080 kingdomlawyer.com is available, 546 00:27:30.020 --> 00:27:32.340 but kingdomlawyers is not. 547 00:27:32.340 --> 00:27:34.660 I said, well, that's an act of God that that's available. 548 00:27:34.660 --> 00:27:35.620 I'm taking it right now. 549 00:27:35.620 --> 00:27:37.440 So I bought kingdomlawyer.com. 550 00:27:38.620 --> 00:27:41.540 So, you know, you just got to understand the sequence. 551 00:27:41.540 --> 00:27:43.220 So Mandy, let's go to you next. 552 00:27:45.580 --> 00:27:46.420 Awesome, thank you. 553 00:27:46.420 --> 00:27:48.660 I have a couple of questions. 554 00:27:48.660 --> 00:27:51.980 I know you mentioned earlier that, 555 00:27:51.980 --> 00:27:53.500 like a character, a work of art, 556 00:27:53.500 --> 00:27:57.740 it has to be in a fixed form for it to be protectable. 557 00:27:57.740 --> 00:27:59.740 So for example, if you have like a character 558 00:27:59.740 --> 00:28:01.260 that you've drawn, 559 00:28:01.260 --> 00:28:03.700 if somebody else draws that same character 560 00:28:03.700 --> 00:28:06.420 in their own art style and claims it to be their own, 561 00:28:06.420 --> 00:28:09.280 like what is the boundary there and how does that, 562 00:28:09.280 --> 00:28:11.140 like how does that work, if that makes sense? 563 00:28:11.140 --> 00:28:12.600 You created it originally? 564 00:28:13.520 --> 00:28:15.500 Right, like this is a theoretical, 565 00:28:15.500 --> 00:28:18.580 but like if I were to design a character 566 00:28:18.580 --> 00:28:21.580 or even more vaguely like a race of characters 567 00:28:22.180 --> 00:28:25.580 and somebody were to create a character within that race, 568 00:28:25.580 --> 00:28:27.540 because it's in their style, 569 00:28:29.300 --> 00:28:31.540 does it at that point depend on who did it first? 570 00:28:31.540 --> 00:28:34.380 Is that how that works or? 571 00:28:34.380 --> 00:28:35.940 All right, so let's put it this way. 572 00:28:35.940 --> 00:28:40.940 Let's say, do you remember Star Wars? 573 00:28:41.860 --> 00:28:43.820 Right, you remember the Ewoks? 574 00:28:43.820 --> 00:28:44.860 Yeah. 575 00:28:44.860 --> 00:28:47.160 Let's say that Ewok is the character, right? 576 00:28:47.400 --> 00:28:48.880 Mm-hmm. 577 00:28:48.880 --> 00:28:53.400 And then somebody comes along and creates a type of Ewok. 578 00:28:55.720 --> 00:28:58.720 So you have, let's say like four or five different Ewoks, 579 00:28:58.720 --> 00:29:01.800 and then this other person creates like a tall Ewok 580 00:29:01.800 --> 00:29:06.800 that has like a bigger nose and earrings, right? 581 00:29:08.400 --> 00:29:09.940 Something like that, right? 582 00:29:11.120 --> 00:29:14.840 The question is, is that a problem? 583 00:29:14.840 --> 00:29:16.960 What you have to do is you have to look at the new work 584 00:29:17.800 --> 00:29:19.800 and compare it to the original work 585 00:29:19.800 --> 00:29:24.320 and see whether or not there's a likeness to the two, right? 586 00:29:24.320 --> 00:29:27.400 It's not, copyright is not a, 587 00:29:27.400 --> 00:29:31.920 the test for copyright law is not likelihood of confusion. 588 00:29:33.120 --> 00:29:38.120 The test for copyright law is whether or not it's a copy 589 00:29:39.400 --> 00:29:41.000 or a derivative work. 590 00:29:41.000 --> 00:29:42.880 That's not likelihood of confusion. 591 00:29:44.200 --> 00:29:46.200 Likelihood of confusion is broader. 592 00:29:47.960 --> 00:29:51.280 That's why copyrights only cost 65 bucks 593 00:29:51.280 --> 00:29:54.720 and trademarks cost 350, right? 594 00:29:56.400 --> 00:29:58.800 The stronger the legal right that you can obtain, 595 00:29:58.800 --> 00:30:00.200 the more expensive they are. 596 00:30:00.000 --> 00:30:07.180 So, in your situation, what I would say is if you create a character like an Ewok, 597 00:30:08.440 --> 00:30:12.160 somebody else comes along and creates, let's say you create a male Ewok, 598 00:30:12.160 --> 00:30:18.240 somebody makes a female Ewok, I would try to argue that that's derivative work, if you can. 599 00:30:19.420 --> 00:30:23.460 You may not win on it because copyrights are for, you know, that look. 600 00:30:24.200 --> 00:30:29.400 Like, you don't own the general look and feel, you own that look. 601 00:30:29.480 --> 00:30:34.480 So, it can be tricky, it can be tricky. 602 00:30:34.480 --> 00:30:39.680 But copyright is definitely one of the things I would use to go after the other party. 603 00:30:39.680 --> 00:30:51.000 I'd say, all you did was put perky lips on it, you know, long eyelashes and, you know, longer hair. 604 00:30:52.000 --> 00:30:53.260 Like, let's just say that's what you did. 605 00:30:53.940 --> 00:30:55.680 And now you're saying it's a female Ewok. 606 00:30:55.880 --> 00:30:57.680 That's a derivative off of my original. 607 00:30:58.440 --> 00:31:04.400 My original didn't have long eyelashes, you know, didn't have longer hair and puffy lips. 608 00:31:06.040 --> 00:31:07.560 Right? But it's a derivative. 609 00:31:07.560 --> 00:31:09.360 So, therefore, you need to stop immediately. 610 00:31:10.560 --> 00:31:12.480 I would take an aggressive stance on that. 611 00:31:12.480 --> 00:31:16.840 Otherwise, you could lose your whole line of characters, you know. 612 00:31:17.880 --> 00:31:23.600 And if you get the federal registration, the beauty of a federal registration is 613 00:31:23.600 --> 00:31:29.000 that people understand that there's potential attorneys, potential attorney fees 614 00:31:29.720 --> 00:31:33.600 and guaranteed statutory damages that scares people. 615 00:31:35.720 --> 00:31:41.040 If you just send a notice letter out to somebody to say, you can't do that, that's not right. 616 00:31:41.040 --> 00:31:42.400 Like, I did that first. 617 00:31:42.400 --> 00:31:43.400 I need you to stop. 618 00:31:44.920 --> 00:31:45.920 Good luck. 619 00:31:46.440 --> 00:31:51.320 That's like, there's no room in a courtroom. 620 00:31:51.800 --> 00:31:53.720 There's no place in a courtroom for whining. 621 00:31:54.200 --> 00:31:55.360 Doesn't accomplish much. 622 00:31:56.320 --> 00:31:58.760 Not even the judges like it, like juries hate it. 623 00:31:59.240 --> 00:32:00.080 They hate whiners. 624 00:32:00.080 --> 00:32:04.960 When when somebody's in front of you pleading in case and they're whining, there's a difference between 625 00:32:04.960 --> 00:32:06.320 pleaing and whining. 626 00:32:06.880 --> 00:32:08.160 Whining gets you nothing. 627 00:32:09.880 --> 00:32:12.320 I also haven't. Sorry, I didn't mean to cut you off. 628 00:32:12.320 --> 00:32:14.880 Oh, go ahead. I have a different question as well. 629 00:32:14.880 --> 00:32:20.160 And it kind of connects with what Kerry is asking about names and movies being protected. 630 00:32:20.520 --> 00:32:27.840 But in my case, like for a theoretical, I guess, if you were to, say, write a script for a like a 631 00:32:27.840 --> 00:32:33.240 sequel to a movie series that exists, but you haven't been commissioned by the company to do it. 632 00:32:33.960 --> 00:32:38.600 Is that what not not not not to claim the copyright for yourself. 633 00:32:38.600 --> 00:32:42.120 But I guess in theory, this is how do I ask this question? 634 00:32:42.480 --> 00:32:44.680 I don't know if this is really even a legal question, I guess. 635 00:32:45.440 --> 00:32:47.000 I'm just going to wait for you to finish. 636 00:32:47.840 --> 00:32:49.120 Don't do that. 637 00:32:49.480 --> 00:32:53.080 It's going to wait. My question is more along the lines of not. 638 00:32:53.080 --> 00:32:54.440 Can I take it for myself? 639 00:32:54.440 --> 00:32:57.320 But can I like offer it to the company? 640 00:32:58.880 --> 00:33:02.080 That's a very bad idea for a number of reasons. 641 00:33:02.480 --> 00:33:04.160 The fact is, you created the work. 642 00:33:04.160 --> 00:33:06.360 Therefore, you created a copyright infringement. 643 00:33:06.640 --> 00:33:11.320 Now, just so we're clear, but just so we're clear, let's be clear about this. 644 00:33:12.680 --> 00:33:14.240 It is copyright infringement. 645 00:33:14.720 --> 00:33:20.520 This is not legal advice, all right, OK, there there there is a. 646 00:33:22.720 --> 00:33:29.000 I'm kind of unique as a lawyer in that I know the law, but I'm also a business person. 647 00:33:29.200 --> 00:33:31.200 I know how to apply it right. 648 00:33:32.000 --> 00:33:36.200 And there are certain times when you say, yeah, I know the law, but I don't care. 649 00:33:36.760 --> 00:33:38.440 I didn't tell you to do that. 650 00:33:38.440 --> 00:33:39.680 That's not what I just said. 651 00:33:40.000 --> 00:33:41.240 That's not what I just said. 652 00:33:42.160 --> 00:33:47.360 What I'm saying is you need to weigh the pluses and the minuses in all circumstances. 653 00:33:48.040 --> 00:33:53.120 There may be a situation I never I'm going to let it be recorded. 654 00:33:53.560 --> 00:33:58.040 I I'm not telling you to do this, but there may be a situation where there is a potential 655 00:33:58.040 --> 00:34:02.720 infringement issue and you go the potential gain is so incredibly high. 656 00:34:03.640 --> 00:34:06.640 And the potential loss is so remarkably low. 657 00:34:07.680 --> 00:34:17.080 That I may take a step to doing this again, I Peter did not tell Mandy Harris today to 658 00:34:17.080 --> 00:34:24.040 commit copyright infringement and go to jail or like, you know, pay a massive fine. 659 00:34:24.040 --> 00:34:28.800 I didn't say that. Well, I'm saying it's sometimes you do an assessment of the 660 00:34:28.800 --> 00:34:32.239 circumstances and you make a decision based on that assessment. 661 00:34:33.120 --> 00:34:37.880 And that's in everything in life, you know, like that party you wanted to go to and your 662 00:34:37.880 --> 00:34:39.400 parents are like, you can't go to it. 663 00:34:39.400 --> 00:34:44.000 And you're like, I go to this party, make it grounded for a week. 664 00:34:44.800 --> 00:34:48.639 But my best friend just showed up from Maryland and this is the only time I'm going to 665 00:34:48.639 --> 00:34:52.199 see her. And like, I'm never going to see her ever again. 666 00:34:53.000 --> 00:34:54.400 I shouldn't be disobedient. 667 00:34:54.400 --> 00:34:57.760 Should I, should I not like that's a weighing your weighing of the circumstances. 668 00:34:57.760 --> 00:34:59.960 Right. Now you can plead your case. 669 00:35:00.560 --> 00:35:04.320 Mom, I really want to go. I'm not saying you're young that you have to talk to your mom. I'm just 670 00:35:04.320 --> 00:35:09.280 saying I have kids so I'm using kid examples, right? Mom, I really want to go. This is my case, 671 00:35:09.280 --> 00:35:16.320 blah, blah, blah, right? You complete your case and maybe you win, maybe you don't win, right? 672 00:35:16.320 --> 00:35:21.600 But the fact of the matter is at the end of the day, I have had clients come to me and say, Peter, 673 00:35:21.600 --> 00:35:26.560 that is the best legal advice that I've ever heard. You are worth every penny and more. 674 00:35:27.280 --> 00:35:35.280 Thank you. I'm not listening to you. They've done that. Some of them have ended up in lawsuits 675 00:35:36.320 --> 00:35:42.240 where I had to protect them. And others of them have made big deals and gone off and done very 676 00:35:42.240 --> 00:35:48.880 well. So I understand that there's a business call you need to make. My job is to make sure 677 00:35:48.880 --> 00:35:54.720 you know what the law is. After that, you're the one running the company. You got to make a decision. 678 00:35:54.720 --> 00:35:59.200 I think that was my other question too. Sorry, I'll be done after this, I promise. But 679 00:35:59.200 --> 00:36:05.760 I'm very new to screenwriting as a concept. And so I'm just trying to understand how that would 680 00:36:05.760 --> 00:36:10.640 generally work because I think typically a company would contract out and then that probably be like 681 00:36:10.640 --> 00:36:14.000 a license, would it be? Or how would that work usually, if you don't mind, 682 00:36:14.000 --> 00:36:18.880 if you know anything about that? It depends on what they're doing, right? 683 00:36:19.520 --> 00:36:26.240 They can outsource to you, in which case, if they outsource and you're creating the work 684 00:36:27.600 --> 00:36:33.040 for that entity, they can hire you and have you assign all right title and interest 685 00:36:33.600 --> 00:36:38.400 over to them for your created works. Chances are they're not giving you a license because 686 00:36:38.400 --> 00:36:45.520 they don't want you to do that, right? They're granting you some kind of legal right so that 687 00:36:45.920 --> 00:36:50.640 some kind of legal right so that you don't get sued, but they're not going to give you a license 688 00:36:50.640 --> 00:36:56.640 to do the thing because they're the ones that want to do the thing. So let's say you're Star 689 00:36:56.640 --> 00:37:02.720 Wars, Empire Strikes Back. Does anybody know all these things? There's like five, right? 690 00:37:03.520 --> 00:37:07.520 Oh, all the names. I don't know. I could list all the parents of the Caribbean ones, but 691 00:37:08.800 --> 00:37:11.760 there's like five of them. So let's say you come up with a new one, right? 692 00:37:12.640 --> 00:37:19.360 The Mama Returns, whatever it is, right? That's the next version of Star Wars. Mama Returns, 693 00:37:19.920 --> 00:37:22.400 bad name, but let's say that was the name for the next one, right? 694 00:37:24.320 --> 00:37:33.440 And you create this script and you say, like you said, you reach out to the people who actually 695 00:37:33.440 --> 00:37:39.040 created it and you say, hey, I've created this new one. The name really isn't good, but 696 00:37:39.440 --> 00:37:44.320 it's a great movie. Would you take a look at it? That's copyright infringement. Now, 697 00:37:44.320 --> 00:37:50.800 you could go to them beforehand and say, I'd like to create the next one in the series, 698 00:37:50.800 --> 00:37:55.840 in which case they're going to go, who in the world are you? Right? Like, why should I hire 699 00:37:55.840 --> 00:38:01.600 you? So you may decide to take the chance and say, well, what's the worst that can happen to me? 700 00:38:01.600 --> 00:38:07.200 They say, I'm infringing on their copyright law. Like, what are they going to sue me for? I didn't 701 00:38:08.080 --> 00:38:17.760 make any money on it. I'm not giving the rights to some other person. But they can sue you for 702 00:38:17.760 --> 00:38:25.600 intentional copyright infringement and make a lot of money. So it's up to them. They may argue, 703 00:38:25.600 --> 00:38:30.800 well, you're drafting that, you stole our storyline. And you go, what? No, I didn't. 704 00:38:30.800 --> 00:38:34.720 And then you find out there's somebody within their department that came up with something 705 00:38:34.720 --> 00:38:39.200 similar. And now they claim that you stole the idea from them. There's all sorts of stuff I've 706 00:38:39.200 --> 00:38:46.320 seen in courts. So sometimes you got to take a risk. Sometimes you just take a risk. But what 707 00:38:46.320 --> 00:38:52.320 happens if they hire you is that there would be typically there's some kind of legal agreement 708 00:38:52.320 --> 00:38:59.360 that says that you're a work for hire. You assign all rights, title and interest to any of the work 709 00:38:59.360 --> 00:39:06.880 over to the company. And that you cannot make derivatives, can't make copies, can't make 710 00:39:06.880 --> 00:39:13.600 Jack or Jill, nothing. It totally and 100% belongs to the company, period. And you'll get paid, 711 00:39:14.160 --> 00:39:22.400 blah, blah, blah. But one thing I'm going to tell you is that people often undersell themselves, 712 00:39:22.400 --> 00:39:27.520 undervalue themselves. So they give all these legal rights over to this big entity in their 713 00:39:27.520 --> 00:39:31.680 thing because they're in awe of how big the entity is. Then the thing starts taking off, 714 00:39:31.680 --> 00:39:36.560 and they're making millions and millions. And you made $20,000 off the entire storyline. 715 00:39:37.760 --> 00:39:42.240 That's why I typically tell people to throw in some royalties there, like percentages off of 716 00:39:42.240 --> 00:39:48.640 what the thing is making, as opposed to just give me $10,000, and I'll give you my storyline just 717 00:39:48.640 --> 00:39:54.640 so that I can throw in a percentage. It works out, all right? I'm going to take two more questions. 718 00:39:55.200 --> 00:39:56.080 Thank you so much. 719 00:39:56.080 --> 00:39:59.920 You're so welcome. All right. You got to raise your virtual hand. 720 00:40:00.000 --> 00:40:02.620 And let me go to Kay first. 721 00:40:04.280 --> 00:40:07.560 Hey Peter, you mentioned earlier 722 00:40:07.560 --> 00:40:09.400 about like suing someone in Taiwan. 723 00:40:09.400 --> 00:40:11.200 I don't know if I've heard you correctly, 724 00:40:11.200 --> 00:40:13.960 but like, does that mean we have to also 725 00:40:13.960 --> 00:40:15.640 do international searches 726 00:40:15.640 --> 00:40:20.160 or does our U.S. trademark kind of go abroad as well 727 00:40:20.160 --> 00:40:21.840 or is it just strictly in the U.S.? 728 00:40:21.840 --> 00:40:23.320 Good question, good question. 729 00:40:23.320 --> 00:40:27.240 So that case was a patent case, 730 00:40:27.240 --> 00:40:29.520 but it's similar for trademarks. 731 00:40:29.920 --> 00:40:34.360 In that specific case, we had rights in Taiwan 732 00:40:34.360 --> 00:40:37.000 and we also had rights in the United States. 733 00:40:37.000 --> 00:40:39.520 The Taiwanese company was selling product 734 00:40:39.520 --> 00:40:41.240 in the United States 735 00:40:41.240 --> 00:40:44.240 that infringed our patents in the United States. 736 00:40:44.240 --> 00:40:48.040 So we received a cease and desist letter 737 00:40:48.040 --> 00:40:52.800 from the Taiwanese corporation, from their attorney. 738 00:40:52.800 --> 00:40:54.240 Their attorney was located 739 00:40:54.240 --> 00:40:56.980 in the Eastern District of Texas. 740 00:40:56.980 --> 00:40:58.400 The Eastern District of Texas 741 00:40:58.400 --> 00:41:00.020 and the Western District of Texas 742 00:41:00.020 --> 00:41:03.460 are the most well-known places 743 00:41:03.460 --> 00:41:05.940 to file patent infringement cases. 744 00:41:05.940 --> 00:41:08.020 So when I received a cease and desist letter 745 00:41:08.020 --> 00:41:10.180 from a Taiwanese corporation 746 00:41:10.180 --> 00:41:11.880 from the Eastern District of Texas, 747 00:41:11.880 --> 00:41:16.060 I knew that at some point this Taiwanese corporation 748 00:41:16.060 --> 00:41:17.220 was going to sue my client. 749 00:41:17.220 --> 00:41:21.980 I knew it because I litigate in Texas. 750 00:41:21.980 --> 00:41:25.060 So the second I saw that, I said to my client, 751 00:41:25.080 --> 00:41:28.980 hey, we got an interesting situation here. 752 00:41:30.480 --> 00:41:33.440 These guys who sent you the cease and desist letter, 753 00:41:33.440 --> 00:41:36.200 you said they're your number one competitor, right? 754 00:41:36.200 --> 00:41:37.320 He said, absolutely. 755 00:41:37.320 --> 00:41:39.960 I said, so do you feel like sooner or later 756 00:41:39.960 --> 00:41:41.960 you're gonna have to sue these guys? 757 00:41:41.960 --> 00:41:43.840 He says, absolutely. 758 00:41:43.840 --> 00:41:45.700 So I got an idea. 759 00:41:45.700 --> 00:41:49.280 I had written three patents for him, right? 760 00:41:49.280 --> 00:41:52.400 So I said, how do you feel 761 00:41:52.420 --> 00:41:56.220 about making someone from Taiwan 762 00:41:56.220 --> 00:41:58.800 fly into New Hampshire in February, 763 00:41:59.940 --> 00:42:03.020 which would be full of snow and misery, right? 764 00:42:03.020 --> 00:42:05.700 Like I'm not into the snow that much, 765 00:42:05.700 --> 00:42:10.460 but anyways, full of snow and like cold weather from Taiwan. 766 00:42:10.460 --> 00:42:11.380 So how do you feel about that? 767 00:42:11.380 --> 00:42:13.520 He said, that would be incredible. 768 00:42:14.700 --> 00:42:16.220 Said, this is what we're gonna do. 769 00:42:16.220 --> 00:42:18.220 They sent you a cease and desist letter. 770 00:42:19.600 --> 00:42:21.740 You have no doubt, based on that letter, 771 00:42:22.080 --> 00:42:25.520 it says, if you don't stop doing this, we will sue you. 772 00:42:25.520 --> 00:42:30.200 So there is the imminent threat of litigation. 773 00:42:30.200 --> 00:42:32.620 That's one of the ingredients to be able to file 774 00:42:32.620 --> 00:42:35.720 what's called a declaratory judgment action 775 00:42:35.720 --> 00:42:37.200 against another party. 776 00:42:37.200 --> 00:42:40.360 So I filed a DJ action 777 00:42:40.360 --> 00:42:43.540 against a Taiwanese corporation in New Hampshire. 778 00:42:44.920 --> 00:42:48.440 So now we got threatened for patent infringement 779 00:42:48.440 --> 00:42:50.020 for one patent. 780 00:42:50.020 --> 00:42:53.520 We countersued with three patents 781 00:42:53.520 --> 00:42:55.280 and they became the defendant 782 00:42:55.280 --> 00:42:58.460 because I filed a DJ action against them in New Hampshire. 783 00:42:59.400 --> 00:43:03.920 Totally changed the entire rhythm of the litigation. 784 00:43:03.920 --> 00:43:05.960 We ended up, the case ended up settling. 785 00:43:05.960 --> 00:43:06.960 We do well, you know, 786 00:43:06.960 --> 00:43:09.320 everything ended up working out well for my client. 787 00:43:09.320 --> 00:43:11.360 But the fact of the matter is, 788 00:43:11.360 --> 00:43:16.280 if a foreign corporation either sells product 789 00:43:16.280 --> 00:43:18.320 or uses your trademark in the United States 790 00:43:18.320 --> 00:43:19.880 and your legal rights are in the United States, 791 00:43:20.700 --> 00:43:23.220 you can enforce your rights in the United States. 792 00:43:23.220 --> 00:43:25.160 If you want to stop them in Taiwan, 793 00:43:25.160 --> 00:43:28.740 you need to get rights in Taiwan, right? 794 00:43:28.740 --> 00:43:32.620 You can't stop another entity from doing something 795 00:43:32.620 --> 00:43:35.440 in a country where you don't have legal rights. 796 00:43:35.440 --> 00:43:37.900 You have to own the legal rights in that country. 797 00:43:39.460 --> 00:43:41.600 So if you want to stop them in India, 798 00:43:41.600 --> 00:43:43.600 you got to file trademarks in India, 799 00:43:43.600 --> 00:43:45.500 which by the way is very inexpensive. 800 00:43:46.500 --> 00:43:49.020 Canada, remarkably inexpensive. 801 00:43:51.040 --> 00:43:54.920 Very expensive, Europe, extremely expensive. 802 00:43:54.920 --> 00:43:57.480 Japan, very expensive. 803 00:43:57.480 --> 00:43:59.660 China, very expensive. 804 00:43:59.660 --> 00:44:00.540 Why? 805 00:44:00.540 --> 00:44:01.660 Translations. 806 00:44:02.940 --> 00:44:04.920 Translations are very costly. 807 00:44:06.480 --> 00:44:08.920 So if you file a patent application in the United States 808 00:44:08.920 --> 00:44:11.800 and then you say, well, I want a foreign file in Taiwan, 809 00:44:11.800 --> 00:44:13.660 your translations are going to nail you. 810 00:44:13.680 --> 00:44:15.880 It costs a lot of money, right? 811 00:44:15.880 --> 00:44:18.440 If there's no translations, if it's a logo, 812 00:44:18.440 --> 00:44:20.400 foreign file, it's cheap. 813 00:44:20.400 --> 00:44:23.040 But you do it within how many months? 814 00:44:23.040 --> 00:44:24.320 I'm really going to be impressed 815 00:44:24.320 --> 00:44:25.840 if any of you remember this. 816 00:44:25.840 --> 00:44:27.840 Come on, Catherine. 817 00:44:27.840 --> 00:44:32.120 Well done, within six months, come on. 818 00:44:32.120 --> 00:44:33.840 Jeez, you guys are good. 819 00:44:33.840 --> 00:44:36.640 Within six months, you did a foreign filing. 820 00:44:36.640 --> 00:44:40.220 And by doing that, you maintain the original filing date. 821 00:44:41.200 --> 00:44:44.400 So if you filed in the United States 822 00:44:44.400 --> 00:44:49.400 and then some guys in Taiwan copy that. 823 00:44:50.440 --> 00:44:52.160 Actually, I don't, Taiwan, 824 00:44:52.160 --> 00:44:55.000 Taiwan's not a member of the Madrid Protocol 825 00:44:55.000 --> 00:44:56.800 or the Paris Convention. 826 00:44:56.800 --> 00:45:00.220 So Taiwan might not work, but I have to double check. 827 00:45:00.000 --> 00:45:04.800 most countries of the world are members of what's called the Paris Convention. 828 00:45:04.800 --> 00:45:09.960 There's certain countries that are not. So if you're looking for that 829 00:45:09.960 --> 00:45:15.360 reciprocity thing and you're gonna file, I don't want to confuse you guys, but you 830 00:45:15.360 --> 00:45:20.520 you asked the question so I'm going here, alright? So in foreign filing, if you do 831 00:45:20.520 --> 00:45:24.360 it within six months, you file what's called a CTM application that covers 832 00:45:24.360 --> 00:45:31.280 multiple legions, okay? CTM, alright? That's all you got to know. Ask your 833 00:45:31.280 --> 00:45:36.720 attorney about a CTM app. They'll know the rest, okay? Alright, let me 834 00:45:36.720 --> 00:45:41.840 go to Catherine. Did I answer a question for you today, Catherine? I didn't think 835 00:45:41.840 --> 00:45:45.120 so. Yeah, go ahead. Unmute. 836 00:45:45.920 --> 00:45:57.200 Okay, so I have, this has to do, I believe, with copyright because it 837 00:45:57.200 --> 00:46:07.200 involves video. I do a group once a week. We've been, we are part of a larger 838 00:46:07.200 --> 00:46:14.840 group from a coach and I had this idea, like, let's implement some of the stuff, 839 00:46:14.840 --> 00:46:22.440 try it out on one and give one another testimonial about what we see if we 840 00:46:22.440 --> 00:46:29.880 feel moved to do so or have views. When you say try the stuff, what do you mean try the stuff? 841 00:46:29.880 --> 00:46:36.800 We have, we're implementing what he's telling us to do. Okay. And so putting 842 00:46:36.800 --> 00:46:43.280 together a presentation, so what would we do in front of potential customers, but 843 00:46:43.280 --> 00:46:47.760 then let's say that you're just starting off in business and you don't have a lot 844 00:46:47.760 --> 00:46:53.560 of people that are using your products yet and, or you haven't worked with a lot 845 00:46:53.560 --> 00:46:58.520 of people, haven't done a lot of consultations, but in your presentation, 846 00:46:58.520 --> 00:47:05.640 for your workshop, something that you want to do online, you want reviews or 847 00:47:05.640 --> 00:47:13.200 testimonials or something. So if some of the people, some people have done, like, 848 00:47:13.200 --> 00:47:22.360 sleepy stuff, like, I will help you, Peter, to, I don't know, I'll do your graphics 849 00:47:22.360 --> 00:47:28.400 for you and I'll give you a really cheap. Did you hear that? She just said it. I got it 850 00:47:28.400 --> 00:47:32.960 recorded. Do you hear that? She's gonna do our graphics. She just said she was gonna 851 00:47:32.960 --> 00:47:39.200 do it. We got to record it. Thank you. I'm taking a nap. Awesome. All right, please 852 00:47:39.200 --> 00:47:50.040 continue. So let's pretend, Peter, that I'm telling you that I will do your graphics 853 00:47:50.040 --> 00:47:58.000 for you for really, really cheap. Okay. And I'll do, like, seven slides for $25. 854 00:47:58.560 --> 00:48:06.880 Yeah. Yeah, not really an offer. And in exchange, you get the seven slides, we work together, 855 00:48:06.880 --> 00:48:12.320 and then you give me a review, a testimonial, something like that. 856 00:48:12.320 --> 00:48:14.000 Yeah, people do that all the time. Yeah. 857 00:48:14.000 --> 00:48:16.960 Right. It's something of that nature. 858 00:48:16.960 --> 00:48:17.600 A swap, yeah. 859 00:48:18.240 --> 00:48:25.520 Yeah, some sort of a swap. And so what I did was, I put it out there, like, 860 00:48:25.600 --> 00:48:34.000 hey, guys, once a week, let's gather one person, go ahead, present. We'll get reviews on how, 861 00:48:34.000 --> 00:48:40.800 on what appealed to us about the presentation, yada, yada, yada. Okay. We'll give testimonials. 862 00:48:40.800 --> 00:48:48.000 If we've used that person, we know about that person, or we have experience about what it is 863 00:48:48.000 --> 00:48:56.880 that they are doing, and speak to the helpfulness of that system, something like that. So if we can 864 00:48:56.880 --> 00:49:04.720 give legitimate testimonial, nothing made up. Made up is not okay. 865 00:49:04.720 --> 00:49:06.880 Testimonial for service. Basically, testimonial for service. 866 00:49:06.880 --> 00:49:17.200 Right. Yeah, something like that. Okay, right. So here's the question, is today I got a request. 867 00:49:18.160 --> 00:49:26.400 Somebody saying, hey, here's what I want to do. I'm a member of this group, the one that I put 868 00:49:26.400 --> 00:49:34.160 together. And there's no cost in this group. I'm a member of this group. And so how about you give 869 00:49:34.160 --> 00:49:42.800 me all the videos, and I'll put it in my group. And I've got Clubhouse, and I've got YouTube, 870 00:49:42.880 --> 00:49:48.960 and I've got this, that, and the other. And I was like, well, part of it was we're within 871 00:49:48.960 --> 00:49:57.120 like this one coach. We're talking about that coach's IP. We're talking about that coach's 872 00:49:57.120 --> 00:49:59.840 process and system. So I was thinking. 873 00:50:00.000 --> 00:50:02.240 thinking, no, that's not going to work. 874 00:50:02.440 --> 00:50:06.360 And she says, no, it's just going to go in my own library. 875 00:50:06.560 --> 00:50:08.160 So. 876 00:50:09.480 --> 00:50:13.080 The videos themselves of the people. 877 00:50:13.280 --> 00:50:21.080 That's like that's like their copyrightable kinds of stuff, isn't it? 878 00:50:21.280 --> 00:50:27.760 Are they their videos that they created or the video of the video 879 00:50:28.000 --> 00:50:31.120 that I made of their presentation? 880 00:50:31.320 --> 00:50:33.680 That's their copyrightable kind of thing. 881 00:50:33.880 --> 00:50:35.160 You need to talk to a lawyer. 882 00:50:35.360 --> 00:50:37.400 I'll tell you why. OK. 883 00:50:37.600 --> 00:50:38.840 This is not a cop out. 884 00:50:39.040 --> 00:50:41.200 I'm telling you, this is a very dangerous area. 885 00:50:41.400 --> 00:50:42.400 All right. 886 00:50:42.600 --> 00:50:45.200 Now, let me just explain how this works. 887 00:50:45.400 --> 00:50:49.720 OK, like let's let's just talk theoretically here. 888 00:50:51.760 --> 00:50:54.800 The one who you're not advising, I understand that. 889 00:50:54.800 --> 00:50:55.440 Yeah, no, no, no. 890 00:50:55.440 --> 00:50:58.920 But I'm just going to say in general, right, because because we have conferences 891 00:50:59.120 --> 00:51:03.400 all the time and somebody does a presentation, right? 892 00:51:03.600 --> 00:51:05.440 Technically, the one who actually does 893 00:51:05.640 --> 00:51:09.080 the recording actually owns the owns the copyright to the work. 894 00:51:09.280 --> 00:51:10.160 Right. 895 00:51:10.360 --> 00:51:11.960 But. 896 00:51:12.520 --> 00:51:14.680 What often happens is the person who's 897 00:51:14.880 --> 00:51:18.920 putting on the conference has an agreement that they give to the person who's doing 898 00:51:19.120 --> 00:51:22.240 the presentation, saying that I have the legal rights 899 00:51:22.440 --> 00:51:25.920 to any recordings that are done in my establishment. 900 00:51:26.120 --> 00:51:28.880 That's typically how it plays out. 901 00:51:29.080 --> 00:51:36.240 But there are certain people that say, no, anytime I no matter where I go. 902 00:51:36.440 --> 00:51:39.840 Anything that's a recording of me, I own my own copyright. 903 00:51:40.040 --> 00:51:44.360 Those are people that are very high up, like Tony Robbins, like, you know. 904 00:51:44.560 --> 00:51:48.400 High up, these guys have legal agreements before they go anywhere 905 00:51:48.600 --> 00:51:53.320 because somebody will make millions of dollars off a single video with Tony Robbins. 906 00:51:53.520 --> 00:51:54.400 Right. 907 00:51:54.600 --> 00:51:56.360 So. 908 00:51:56.560 --> 00:51:59.000 You got to be really careful in this area. 909 00:51:59.200 --> 00:52:02.160 There's a lot of litigation in this area. 910 00:52:02.360 --> 00:52:08.760 Generally, if I film something, I own the copyright. 911 00:52:08.960 --> 00:52:11.560 But the question is, is there an expectation of privacy? 912 00:52:11.560 --> 00:52:12.600 That's one of the things. 913 00:52:12.800 --> 00:52:18.080 Are there other contractual relationships or agreements that are in place? 914 00:52:18.280 --> 00:52:22.760 That result in that other party owning rights to what's being recorded. 915 00:52:22.960 --> 00:52:25.040 Right. There's a number of things that you got 916 00:52:25.240 --> 00:52:29.760 to look at to determine who truly owns the copyright. 917 00:52:29.960 --> 00:52:31.040 All right. 918 00:52:31.240 --> 00:52:32.480 Location was right. 919 00:52:32.480 --> 00:52:33.960 Carrie, that was exactly right. 920 00:52:34.160 --> 00:52:38.000 That's the first thing I mentioned was, you know, if it's your conference, 921 00:52:38.200 --> 00:52:43.400 then you can end up in a situation where whoever is running the conference owns 922 00:52:43.600 --> 00:52:48.040 everything that is being filmed, as a matter of fact. 923 00:52:48.400 --> 00:52:51.920 I've been to conferences that specifically say 924 00:52:52.120 --> 00:52:57.360 when you register for the conference, you are not allowed to record anything here. 925 00:52:57.560 --> 00:52:59.400 You can't record by video. 926 00:52:59.600 --> 00:53:04.720 You can't even push the recording button on your iPhone or your Samsung. 927 00:53:04.920 --> 00:53:06.160 Right. You can't do that. 928 00:53:06.360 --> 00:53:08.720 Nothing is allowed to be recorded here. 929 00:53:08.920 --> 00:53:09.920 Why do they do that? 930 00:53:10.120 --> 00:53:13.360 Because they're going to sell the videos later. 931 00:53:13.560 --> 00:53:17.560 And if you're recording it, they lose. 932 00:53:17.760 --> 00:53:24.200 Potential royalties off of the copyright that they have in their own recordings. 933 00:53:24.400 --> 00:53:25.880 So. 934 00:53:26.080 --> 00:53:29.040 If I were in a situation where. 935 00:53:29.240 --> 00:53:31.440 I'm recording, I'm at a conference, I'm 936 00:53:31.640 --> 00:53:35.120 recording it now, I'm saying, well, I'm going to go and. 937 00:53:35.320 --> 00:53:38.560 Put that into my I'm not saying there's your situation, I'm going to put this 938 00:53:38.760 --> 00:53:46.080 into like my course, I'm going to train people through my course on that recording. 939 00:53:46.240 --> 00:53:50.920 You need to talk to a lawyer and find out your specific scenario, 940 00:53:51.120 --> 00:53:55.280 whether what you're doing is acceptable, because that area that you're talking 941 00:53:55.480 --> 00:54:00.280 about is highly litigious, I'm not saying like every once in a while people get sued. 942 00:54:00.480 --> 00:54:02.680 I mean, all the time. 943 00:54:02.880 --> 00:54:06.400 People find out, oh, somebody created a course based on my 944 00:54:06.600 --> 00:54:10.960 training and whether or not they have a case, they sue the people. 945 00:54:11.160 --> 00:54:15.560 You know, it's a very dangerous area, so you just want to make sure you do it right. 946 00:54:15.600 --> 00:54:18.520 Get a lawyer to look at everything around your scenario. 947 00:54:18.720 --> 00:54:23.960 And as an example, if I were your lawyer in that scenario, I'd say, who's the party? 948 00:54:24.160 --> 00:54:26.240 What's the location? Like Kerry said, 949 00:54:26.440 --> 00:54:29.880 what are the agreements associated with the location if there are any? 950 00:54:30.080 --> 00:54:33.680 Are there any agreements associated with the speaker? 951 00:54:33.880 --> 00:54:39.040 What are the conditions associated with the with the group that's created? 952 00:54:39.240 --> 00:54:43.120 I mean, I would lay out every single element of this thing and then do a full 953 00:54:43.160 --> 00:54:45.960 assessment to see whether or not you're safe. 954 00:54:46.160 --> 00:54:49.800 Because, you know, that's just that's just the way the law works. 955 00:54:50.000 --> 00:54:51.800 It's a dangerous area of the law. 956 00:54:52.000 --> 00:54:56.040 Well, sounds like I've been skating on thin ice because we've been 957 00:54:56.240 --> 00:54:59.840 doing this now for close to a. 958 00:55:00.000 --> 00:55:05.040 couple of years, every week. Yeah, every week. And at the end, 959 00:55:05.360 --> 00:55:10.760 the agreement is, I give everybody everybody that was 960 00:55:10.760 --> 00:55:19.240 present the link so that they can if they want, download the 961 00:55:19.240 --> 00:55:20.080 recording. 962 00:55:20.520 --> 00:55:23.640 Where are you recording? Like, where are you recording? 963 00:55:23.640 --> 00:55:28.480 My computer is all remote. So we're we're different parts of 964 00:55:28.480 --> 00:55:36.160 the world. Austria, Germany, let me ask you this. So it's like 965 00:55:36.160 --> 00:55:39.920 a zoom, like I'm doing right now. I'm recording. All right, 966 00:55:39.960 --> 00:55:42.800 I'll give you an example. I'm recording this zoom. I own all 967 00:55:42.800 --> 00:55:46.640 rights associated with this because I'm recording it. And 968 00:55:46.640 --> 00:55:51.040 I'm an IP attorney. So I can use any single part of anything 969 00:55:51.040 --> 00:55:53.680 that's going on with my recordings any way I want. 970 00:55:54.160 --> 00:55:56.600 Obviously, I'm respectful about things. But the fact of the 971 00:55:56.600 --> 00:56:00.440 matter is, somebody makes an incredibly good intelligent 972 00:56:00.440 --> 00:56:05.520 comment. That comment may end up in a video. Right? Why? Because 973 00:56:05.520 --> 00:56:09.000 I'm trying to help other people, right? But it's my video. It's 974 00:56:09.000 --> 00:56:14.040 in my zoom. Right now, you may have you're running your own 975 00:56:14.040 --> 00:56:17.720 zoom, where people come in, and you're recording. It's the same 976 00:56:17.720 --> 00:56:22.240 thing. It's your zoom, it's your recording. So it's one of the 977 00:56:22.240 --> 00:56:25.200 things that you want to kind of consider. Now another thing you 978 00:56:25.200 --> 00:56:27.080 can do is you got you could actually have a terms and 979 00:56:27.080 --> 00:56:32.480 conditions associated with your own lives. That says, if you're 980 00:56:32.480 --> 00:56:37.200 registering for this event, you understand that all recordings I 981 00:56:37.200 --> 00:56:40.960 own all right title and interest to our recordings. And anybody 982 00:56:40.960 --> 00:56:44.000 and anybody who tries to use that material would potentially 983 00:56:44.000 --> 00:56:48.800 be committing IP infringement. And I reserve the right to 984 00:56:48.800 --> 00:56:52.800 enforce my rights any way I so choose. You know, and any lack 985 00:56:52.800 --> 00:56:57.240 of enforcement is not a waiver of my rights. I mean, I'm, I'm 986 00:56:57.240 --> 00:56:59.640 literally seeing the whole agreement right now. It's just 987 00:56:59.640 --> 00:57:02.400 how I think so. You know, there's certain things I 988 00:57:02.400 --> 00:57:04.720 actually gave you four clauses right there that are very 989 00:57:04.720 --> 00:57:07.400 valuable. So there's a recording, you guys are gonna 990 00:57:07.400 --> 00:57:10.120 want to watch this another time. So the whole point of this 991 00:57:10.120 --> 00:57:15.720 conversation being, if it's on my platform, the best way to do 992 00:57:15.720 --> 00:57:18.360 it is to make sure when people register, there's an agreement 993 00:57:18.360 --> 00:57:23.880 that says, you understand that, blah, blah, blah, blah, blah, 994 00:57:24.440 --> 00:57:29.320 right. The second best way is to understand that it's my video 995 00:57:29.320 --> 00:57:32.960 recording. It's my recording. If anybody here, there is no 996 00:57:32.960 --> 00:57:37.640 expectation of privacy in a room with 70 people. There's no 997 00:57:37.640 --> 00:57:41.560 expectation of privacy. So there's plenty of case law on 998 00:57:41.560 --> 00:57:45.520 that. So you just you want to kind of, you want to make sure 999 00:57:45.520 --> 00:57:50.880 that now it's different if it's a one on one. If you're having 1000 00:57:50.880 --> 00:57:57.520 like a one on one with a person, and you're doing a zoom, I might 1001 00:57:57.520 --> 00:58:00.560 actually argue that there may be an expectation of privacy, 1002 00:58:00.560 --> 00:58:03.160 because it's a personal conversation with one person, 1003 00:58:03.160 --> 00:58:06.680 there's not a ton of other people there. You know, they may 1004 00:58:06.680 --> 00:58:09.960 have an expectation of privacy. And now all of a sudden, you 1005 00:58:09.960 --> 00:58:13.000 take the video recording where they're talking about a bad 1006 00:58:13.000 --> 00:58:15.960 relationship with their husband, and you use that in 1007 00:58:15.960 --> 00:58:19.480 your next challenge that talks about how to fix marriages, and 1008 00:58:19.480 --> 00:58:22.760 there they are in the front of your video, is your marriage 1009 00:58:22.760 --> 00:58:26.520 like this, I can't stand what he does. Every time I come home, he 1010 00:58:26.520 --> 00:58:30.160 doesn't appreciate me. Well, change your marriage by blah, 1011 00:58:30.160 --> 00:58:34.560 blah, like that would be horrible. Right. But I can tell 1012 00:58:34.560 --> 00:58:39.280 you as an attorney, people do it. So you know, there's a 1013 00:58:39.280 --> 00:58:42.280 higher expectation of privacy there. And here, there's no 1014 00:58:42.280 --> 00:58:45.160 expectation of privacy. If there was an expectation of 1015 00:58:45.160 --> 00:58:49.880 privacy, there wouldn't be so many people here. So all right, 1016 00:58:49.880 --> 00:58:54.120 with that, it's 925. I'm going to close here. Addison, are you 1017 00:58:54.120 --> 00:58:55.120 going to be on tomorrow? 1018 00:58:57.600 --> 00:59:00.120 Yes, sir, I will be on tomorrow. 1019 00:59:00.360 --> 00:59:02.440 Is it something that you need to implement today? 1020 00:59:02.760 --> 00:59:05.640 I just you answered my questions. The only thing I 1021 00:59:05.640 --> 00:59:09.200 wanted to ask you when can we get started, I want to go ahead 1022 00:59:09.200 --> 00:59:13.000 and get these done as soon as possible. So we're gonna talk 1023 00:59:13.000 --> 00:59:16.360 about that tomorrow. Okay, we'll be talking. Yeah, tomorrow, 1024 00:59:16.360 --> 00:59:19.600 you're gonna want to show up. All right. It is such an honor. 1025 00:59:19.600 --> 00:59:22.040 I mean, I can't tell you guys just how much of an honor it is 1026 00:59:22.040 --> 00:59:25.680 to serve you guys like this. It's you guys are like brilliant 1027 00:59:25.680 --> 00:59:28.560 in all different ways. And I love it. I definitely 1028 00:59:28.560 --> 00:59:33.840 appreciate you. It's been a blessing for for myself. Mutual 1029 00:59:33.880 --> 00:59:37.000 I'm really I'm ready to get I'm ready to get it on the road. 1030 00:59:37.240 --> 00:59:42.160 Okay. So we'll be covering that tomorrow. And yeah, it's an 1031 00:59:42.160 --> 00:59:45.160 honor to serve you guys, you know, and watch people grow 1032 00:59:45.160 --> 00:59:48.720 together. And I mean, my prayer is that you're all successful. 1033 00:59:48.720 --> 00:59:52.480 You all do well, people don't take your stuff. Because many of 1034 00:59:52.480 --> 00:59:55.440 you have worked very hard to get to where you are. Now I want to 1035 00:59:55.440 --> 00:59:59.040 make sure that those ideas that you have come to fruition and 1036 00:59:59.040 --> 00:59:59.600 you 1037 01:00:00.000 --> 01:00:03.640 receive the benefit of that, right? That's important. That is 1038 01:00:03.640 --> 01:00:06.680 so important to me. So that's my hope and prayer for all you 1039 01:00:06.680 --> 01:00:11.040 guys. All right. And with that, you incredible people, Addison, 1040 01:00:11.040 --> 01:00:13.440 thank you so much for those kind words that that's 1041 01:00:13.440 --> 01:00:18.280 thank you, my brother. I like I said, I really do appreciate 1042 01:00:18.280 --> 01:00:22.920 you. And I'm very thankful that destiny 508, you know, kind of 1043 01:00:22.920 --> 01:00:25.680 channel channeled me towards your direction, because 1044 01:00:25.880 --> 01:00:28.440 definitely, I need your service. 1045 01:00:28.440 --> 01:00:32.440 So it'd be my pleasure to serve you. And I love Todd and Tamara 1046 01:00:32.440 --> 01:00:36.400 those talk about service. They they're incredible servants of 1047 01:00:36.400 --> 01:00:39.560 God. So love those people. So all right, well, my friends, I'm 1048 01:00:39.560 --> 01:00:42.600 going to jump off. I got to start working at the law firm 1049 01:00:42.600 --> 01:00:46.600 now. And so I'll leave you guys and I'll catch up tomorrow. Make 1050 01:00:46.600 --> 01:00:48.760 sure you're there tomorrow. You're going to want to be there 1051 01:00:48.760 --> 01:00:53.200 tomorrow. And make sure you go live in the group. Remind people 1052 01:00:53.560 --> 01:00:59.000 you know, what that one issue is in copyright law, that you have 1053 01:00:59.000 --> 01:01:01.240 learned that and you see how you're going to implement it. 1054 01:01:01.280 --> 01:01:04.600 Talk about that implementation part. I know it's a stretch, but 1055 01:01:04.600 --> 01:01:07.240 you're going to see that when you talk about it, you're making 1056 01:01:07.240 --> 01:01:11.120 your mind think of it more than just kind of regurgitating 1057 01:01:11.120 --> 01:01:13.800 something that you heard, you're actually going to step further 1058 01:01:13.800 --> 01:01:17.560 and saying, this is how I'm going to use that it will bring 1059 01:01:17.560 --> 01:01:21.640 you way further along. And then God permitting, see you tomorrow 1060 01:01:21.640 --> 01:01:24.960 and we'll take it from there. All right, Larissa, I'm going to 1061 01:01:24.960 --> 01:01:27.760 leave you with these lovely people and I'll catch all of you 1062 01:01:27.760 --> 01:01:28.160 tomorrow. 1063 01:01:28.400 --> 01:01:29.880 Yeah, God bless. 1064 01:01:30.000 --> 01:01:33.320 Drop it in the chat VIP folks. How great was tonight? I know 1065 01:01:33.320 --> 01:01:35.520 it might be late for a lot of us. But let's put some good 1066 01:01:35.520 --> 01:01:40.080 love in the chat for Peter. And you know how giving he is this 1067 01:01:40.080 --> 01:01:44.600 good stuff. Not legal advice, but boy, he really hits the pin 1068 01:01:44.600 --> 01:01:45.400 on the head.