Welcome to day three VIP.
You guys are awesome I know it's a little late this time. I'll probably keep you to like 939 40 around then unless you guys have questions I'll stay a little longer but tomorrow we're gonna have VIP again.
I just want to, I want to cover some stuff with you that a lot of people don't have access to and one of them is fair use, because, gosh, people get this wrong.
Well, I can, I can use, you know, I just, I saw this one article, and I'm just going to grab the text and throw it in my thing here, and I'm just going to call it fair use.
And so, you know, um, that's okay right and I'm here to tell you that's not typically fair use.
Fair use is basically an exception to committing copyright infringement. Alright, so that's the first thing I want you to kind of get in your mind is that it's an exception to the rule.
It's not the rule.
Okay, so if you're looking at fair use that means you're already committing copyright infringement.
So, like it's like you're starting your hand is already in the cooking jar, and your mom has already said didn't I tell you not to touch the cookies until after dinner, and she's looking at you and your hand is in the jar.
Now what you're doing is you're trying to come up with a good excuse so you don't get your butt whooped. All right, that's essentially what is happening when you're talking about fair use in copyright okay and that's probably like the best description I've ever gave.
That's like copyright fair use in like a nutshell. Okay, so now you can say a few different things you can say well daddy told me I can do it. Now, how many people actually get away with that I never got away with that as a kid, like, you know, well daddy said I
could do it, I still had problems. So, so just saying, you know, well, other people were doing it, isn't that okay can't I do it too or the newspaper does it can I use the content to know that that's not allowed that that is not a good answer.
So you've got to come up with some kind of excuse, or some kind of rationale that is acceptable to the federal district court to make sure that you're not liable for copyright infringement.
And the way this comes up is that you've grabbed some content that is protected under copyright, and you're using that content.
And the only one who has the right to make copies, or the only one who has the right for distribution is who the copyright owner, so you're violating that law. So now we're looking for an exception to the law.
Lo and behold, this this concept of fair use the exception came up. All right. And so the way that it works is that there's like, there's like this small, this small portion of like the original work as being used it's not like everything in the work,
right. There's no real commercial value. So you're not financially gaining from the use. Okay.
Like, it's, it's not like you're, you're not taking the material adding it into your book and then selling your book.
Like, that's not what you're doing. That's not fair use that you're getting up, you have a financial gain because you're making money off that book. All right.
Typically, when you think of like newspapers, newspapers, get away with it because it's kind of like fair, they're saying, look, something just happened.
I've got to make you aware of it. It's newsworthy, you know, and they argue that they're not making a lot of money on the thing so they kind of get away with it.
But it's, there's some kind of like newsworthiness to it timeline where they couldn't get permission from the original person to actually report it.
And so therefore they're able to use that content. In most cases, we're not going to be able to say that this information is so incredibly important that I've got to get in front of everybody.
And those people aren't paying me to get it in front of them. And it's only a small portion of an original work. So therefore I fall in the fair use.
Very, very rare, are you going to fall into fair use, but it can happen. And so there are different factors and what I'm going to do for all of you.
Here we go.
I'm going to take a link right now, I'm going to copy it, I'm going to go into the Facebook group.
And I'm going to paste it in there and I'll drop the link in here too so you guys can see the factors.
I'm just going to call this, um, error use factors. You guys don't know what I'm talking
about because we're covering it together. Control V. Paste. Okay. So, now you guys will have it
there and I'll drop the link here too for you guys. Let's see. Chat. And paste.
There you go. If you open that link, you'll see, um, an article that kind of breaks down
the different factors. It says in determining whether or not a particular use is fair,
the law states that at least four factors should be taken into, it should say into consideration,
or it says taken into should be taken into consideration. Poor English. But at any case,
these are the factors. The purpose and character of the use, the nature of the work, the amount
and sustainability of basically the amount that's copied and the effect of use on the market. So,
if your use is you're gaining financially, that can be a problem. Um, if your use of it is taking
away market share from another party who actually owns the copyright, that can be a problem.
Uh, typically newsworthy things are acceptable. Uh, and there's a few other exceptions like in
education where it will be allowed. But what I would say, suggest is that you talk to an attorney.
If, if you're going to make any kind of financial gain in any way, shape or form,
I would talk to an attorney to make sure that you don't run into problems here. Cause this,
there's a lot of litigation in this area. If somebody has a book or has a picture and you're
taking content from the book or using the picture, you're already committing copyright
infringement. Now the question is, can I say it falls on the fair use? Um, very, very small
number of parties that actually are successful in this area. So I dropped that link there so
you can look at it. Uh, typically in the educational environment, you can come up
with something like as an example, um, let's say today a court case was decided and it's going to
affect everybody. And I take the newspaper article and I show it to you all here. I, I can argue that
that might be fair use because it just happened. I'm just trying to report it to you right now.
I'm not really financially gaining on that one thing alone, even though I am making,
you know, financially, there is a charge for VIP. I'm not like gaining just from that one article.
So it's, it's a very mushy, very dangerous area of the law. All right. So in summary,
try not to just grab content from other people and use it. I mean, that that's really what it
comes down to is now, if you're trying to quote, there's a difference between copyright infringement
and plagiarism. Those aren't the same thing, right? Plagiarism is like, you're copying every
single word and you don't give an attribution to the other party. Copyright law. Please hear me here.
Copyright law does not care whether or not you give an attribution, you'll still be sued.
Okay. If I, if I take Michelle's newly printed book and I copy chapter number one and make it
chapter number four in my book, I can be sued for copyright infringement. Even if I say in
the beginning of the book, chapter number four is actually from Michelle Ducat's book, blah,
blah, blah, blah, blah. I can still be sued for copyright infringement, even though I give her
credit. So even though I, I, in that case, I can't be sued for plagiarism because I gave the
attribution to another party. I can still be sued for copyright infringement. Do you see the
difference? They're not the same thing. People confuse this all the time. They say, well, I gave
credit to the other person so I could copy whatever I want. No, you can't. No, no, you can't. Uh-uh.
Like, I can't go to my neighbor's house, take their lawnmower, and then take their lawnmower
over to my lake house and mow the lawn. I can't do that. That's stealing. Even if I went to my
next door neighbor, Dave, and said, hey, Dave, you check, you see this new lawnmower? It's really nice,
right? Yeah, it belongs to my neighbor. Who cares? I mean, that has no bearing on the original
lawnmower owner. He's still going to call the cops and still arrest me. So keep that in mind.
Attribution does not mean permission. It's not the same thing. We're not in high school. We're
not in college. We're not in grade school. That's the only place that you can do your plagiarism or
get away with plagiarizing by giving attribution to another party. In the real world,
they will sue you for doing that, okay?
You might be asking yourself, well, okay,
I'm gonna give you one example
because I've had a lot of people ask this question.
Can I grab scripture from the Bible
and use it in my own book or in my own publishings
or in my own paintings or in my own artwork?
Can I do that?
There are certain books that are out there
that will allow you to use a certain number of pages
or a certain amount of content.
And one of them actually is the Bible.
Now, I'm going to grab,
I don't think I have it here.
My wife actually has it.
If you look at the Passion Translation,
if you look in the front of the Passion Translation
in the Bible, there's a section there
that actually tells you that they give you
a non-exclusive license to use X number of pages of content.
That's a good example of where a book
will actually give you permission
to use some of their content.
But you have to then give the attribution,
namely saying, you know, pages such and such
were taken from such and such's book.
You know, here's the publisher, this is a year of it,
this is the volume of it, pages number such and such.
That's accepted only if you get a legal right
by a non-exclusive license or an exclusive license.
Let me explain what a non-exclusive license is real quick.
So you may own something like a trademark,
and I like Anthony.
So I say, you know what?
Anthony is doing business in this area.
And the name that I have really works well with Anthony.
It kind of aligns, he's kind of aligning with what I'm doing.
So I call up Anthony, I say, Anthony,
you know, I like what you're doing.
I like the movement that you're building here.
You know what I'm going to do?
I've already got a brand created.
So why don't I license you what I already have created
so that your business can just take off, right?
And Anthony says, you know what?
That's a cool idea, Pete, thanks.
And so I say, I'm going to give you a non-exclusive license
to use my protected content,
either my trademarks or my copyrighted works.
I'm going to give you a non-exclusive license.
What that means is exactly what the word says.
It means you have the right,
but you're not the only one who has the right.
It's not exclusive, okay?
It's called non-exclusive, okay?
That's the way you want to license to people.
You want to license to people in a non-exclusive way
because when you do a non-exclusive license,
you can license to multiple people.
Do you get that?
So all of a sudden Shelly's around and I go,
oh, I like what Shelly's doing.
But Shelly is doing it for,
let's say she's doing in California.
And so I reached out to Shelly and say,
hey, Shelly, I like what you're doing here.
I've got a brand that's already developed.
Do you want to use it?
And she says, yeah.
And I said, well, how about I give you a legal right
to use it in California?
I previously spoke to Tony and to Anthony
and he's in New York.
And so Anthony has legal rights in New York.
So you can use it all in California.
He's going to use it in New York.
And you go, great.
That's my market, California.
That's all I care about anyway.
Perfect, done.
Now I'm making money in my relationship with Shelly
and my relationship with Anthony
because of one IP asset licensed to two different people
with two different geographical restrictions.
And the beauty of licenses,
this is how you make big money,
is that the beauty of licenses
is that you can split it up any way you want.
You can split it by geographical region.
You can split it by technology.
I could reach out to Shelly and say,
Shelly, you can use this name for any electronic devices.
And then I reach out to Anthony and say,
Anthony, you can use this name for any training courses,
right, because Anthony is doing online training courses,
but not devices.
So now Shelly's building up devices using the name.
Anthony's got like, what do you call it?
Training courses using the name.
And then I reach out to Anders and I was like,
Anders, I noticed that you're doing work on software.
Hey, how about I license this name to you for software?
Now I've got three licenses for the same one thing,
but everybody has a non-exclusive license.
If I gave any one of them an exclusive license,
I'd have to be careful
that I don't give them an exclusive license
to something that I want to give a license
for to another individual.
So what do I mean by that?
If I give Anthony an exclusive license
to the name Driver, D-R, or Driven, D-R-V-N, right,
for cars,
and I give an exclusive license,
I can't then go to Shelly and say,
hey, Shelly, Anthony has an exclusive license for Driven.
I'm gonna give you an exclusive license to use Driven,
but you know what?
You can only use it for Mustangs,
you know, for like an exclusive license,
a line of Mustangs,
because I already gave the legal rights to Anthony.
It's gone, right?
But if I section it down and say,
Anthony, I'm gonna give you an exclusive license
for motorcycles,
then I can go to Shelly and say,
I'm gonna give you an exclusive license for cars.
So the beauty of licenses
is that you can create them any way you want.
You can divide them up any way you want.
The thing I want you to remember is,
non-exclusive license means multiple parties can use it
for the same thing.
Exclusive license means only one party
can use it for that thing.
Shelly, go right ahead.
What's your question?
Hold on.
Okay.
Going back to scripture,
you know how musicians can take certain passages
out of the Bible and create lyrics from it, right?
And sometimes they alter the scripture,
but they're not referencing the specific scripture
in which it comes from.
Follow me so far?
That's right.
I'm with you a hundred percent.
Okay.
Now, my first question is,
well, I don't know, maybe I can't ask that.
I was gonna say, is that legal?
But the other aspect of it is,
is that I wrote something for my business
that was inspired by scripture.
So it took the same scripture written
about four different ways and I rewrote it,
but I did not reference the scripture at all.
With the whole guise-
I'm just getting ready.
I know, with the whole guise of it being like,
yeah, I got my water.
No, I'm not asking for legal advice.
I'm saying like, is that, would that,
I mean, could I technically be in trouble for that?
So you're not asking for legal advice,
but you want legal advice.
Yeah, yeah.
So this is not legal advice.
All right, so here's the answer to your question.
First of all, this is a perfect audit question, guys,
just so you guys understand.
This is the kind of stuff that we would do in an audit
because there's multiple, multiple,
multiple tiers of issues here.
So just so you guys can see what we would do in an audit,
I'm gonna do this one example with Shelley
and break it down as we would do in an audit
so you can see a sample of what we do, okay?
So first thing, number one,
she said that there's some scripture that's being used.
The first question that should be asked is,
where's the scripture being grabbed from?
Is it being grabbed from like a King James version
from ages ago, in which case,
that's actually public domain already.
Like you can grab whatever you want
from some of the older Bibles, right?
They're all older Bibles.
What was that?
They're all older versions.
Yeah, so when you look at some of the older Bibles,
you'll be able to see the copyrights on them.
And so when you look at the older Bibles
and you see the copyright,
you'll see many of them are expired on the older ones,
like the older King James ones, right?
And so for those, I grab whatever I want.
There's no legal right to anything.
Like there is no issue in any way, shape or form.
Now, if I go into like the Passion Translation,
now when I go into the Passion Translation,
it says that I can take a certain amount of content.
I think it's like up to 25 verses or something like that.
I know Larissa knew it at some point.
How many verses is it?
Do you remember Larissa?
250, I actually just found the literal link
and it's in the chat.
Nice, thank you so much.
Words, words, yeah.
250 words.
Words.
Is that right?
Okay, so they allow you to take 250 words.
So that means you could take a certain number of words
and grab that, and it's not an issue, right?
But you're on the right track
in asking is it copyright infringement?
Because if it is a protected book
and you take the content and you slightly modify it,
that can be argued to be what's called a,
somebody type in the chat what it's called.
Well, plagiarism, right?
No.
If you slightly modify it, what would that be called?
See if anybody remembers.
Well-
It starts with a D, anybody?
No, Ray, you can't answer, Ray.
Derivative, yes.
All right, Tanya gets credit for creativity here.
As I said, it starts with a D and you just write derivative.
That's very clever right there.
I like that, that was really clever.
So the whole point being that it can be argued
to be a derivative work.
Who actually, oh, that wasn't intentional?
No way, I thought that was intentional.
That was kind of clever.
So who actually has the legal right
to create derivative works?
Wouldn't it be the original author?
Exactly, nobody else.
So if it were the case, let me just complete this thought
and then jump back in, all right?
So if it were the case that it were like a book
that has a current copyright and you grab a few words of it
and you throw it into your song
and what you do is you modify it some
so it can be argued to be a derivative
and not a newly created work,
that would be considered copyright infringement
because even taking a written work and speaking it,
remember one of the legal rights associated
with a copyright is what?
The right to speak it, not just to make copies.
Also another legal right is the right to speak it.
Or to perform it.
And so for that reason, if it is a book
that is protected under copyright law
and I take a few words of it and I go and I use it myself,
I could potentially get sued for copyright infringement.
And there's a deeper analysis
that we would do in actual audit,
but that's kind of a top level analysis.
Well, the other aspect was is that we know,
I mean, as Christians, we know we're not supposed
to alter the word of God.
And so in being in alignment with that,
that's why I didn't mention the scripture specifically.
And because I didn't want it to be
like somebody coming after me going, you know,
and I, so it was just-
The second you said, don't change the scripture,
I said, yeah, well, look at the NIV.
So that's-
Well, you know, I mean, hey, I'm not trying to say,
I'm not trying to keep up with the NIV.
They can just all burn, right?
It is like, there are literally sections
that are missing completely.
And I'm like, what?
Like, what happened here?
It's like, yeah, but that's a whole other story.
So the fact of the matter is that if we're in a situation
where we're looking at somethings in a certain format
and we want to copy some of that content,
we gotta be careful.
We have to be careful.
And I mean, I've seen lawsuits.
If you look at, you guys remember Ice, Ice, Baby?
Do you remember that?
Right?
Vanilla Ice.
So the beat went, it went,
dum, dum, dum, dum, dum, dum, dum.
Dum, dum, dum, dum, dum, dum, dum, dum.
Right?
That's the way the beat went.
Dum, dum, dum, dum, dum, dum, dum.
All right.
Now the original song from way back in the day
was by, what was it, by Queen?
I think it was,
there was an earlier version of it by Queen.
I actually put this on my funnel intentionally
because I thought this was just a great example.
And their song, the way it went was,
dum, dum, dum, dum, dum, dum, dum.
Dum, dum, dum, dum, dum, dum, dum.
So when Vanilla Ice was interviewed, okay?
I saw this interview, it was kind of hilarious.
During the interview, they said,
how did you actually believe
that there was no copyright infringement?
Like, it sounds exactly the same.
He says, no, it's not even close.
And they said, how is it not even close?
And he says, well, look, their version goes,
dum, dum, dum, dum, dum, dum, dum.
Dum, dum, dum, dum, dum, dum, dum.
Mine goes, dum, dum, dum, dum, dum, dum.
Dum, dum, dum, dum, dum, dum, dum.
And I'm thinking, dum, dum, dum, dum, dum, dum, dum.
Dum, dum, dum, dum, dum, dum.
I'm thinking, that is dumb.
That is dumb, dumb, dumb.
I mean, that is just not a good move.
And so they settled that thing for something like,
it was some really big, obscene amount of money
that he had to pay for copyright infringement
for a, get this, and back then it wasn't 65 bucks.
I think it was like 30-something dollars
for a registration.
A 30-something dollar registration
ended up in a settlement
for millions upon millions upon millions of dollars
for a $35 registration.
Guys, like the stuff I am teaching you is real life,
real life applicable.
And so make sure you take advantage of these things.
Learn what legal rights you have.
Anthony.
Go ahead.
Thanks Peter.
Sure, absolutely.
Yeah, so I guess the question was that I had,
well, one of the questions was regarding inheritance.
So for example, if you have a copyright
or something along those lines
and it passed down to you from a person like a relative
and somebody infringes upon it,
is that still something that you can sue somebody for
or because you've inherited,
your name's not necessarily on it,
but you've inherited it, so to speak?
Like a book or whatever it is, you know?
It's actually a really good question.
So copyrights last the life of the author plus 70 years,
right?
That's the general rule after 19, I think it was 1978,
I think was where that rule changed.
But basically it's the life of the author plus 70 years.
Is that right, Anders?
Yeah, I was just going by memory on that one.
So first of all, if the author died like 80 years ago,
then the copyright's over
and there's no legal right that's gonna happen.
But separate from that, this is the beauty of copyrights.
Copyrights are what's called an intangible asset.
Intangible asset, that means you can't really like,
it's not grabbable, right?
It's a legal right that's not grabbable.
Now the result, the created work is grabbable,
but the legal right's not grabbable, right?
It's not like a chair, it's grabbable.
So it's called intangible asset.
An intangible asset can be sold,
can be leased, licensed, assigned,
just like a tangible asset.
So if there's like a last will and testament of somebody
and they assign the house over to Anthony,
just like that house could be transferred,
similarly, they can assign their IP portfolio.
They can say, I assign all rights, title and interest
to all my copyrights and all my books over to Anthony, right?
Now, Anthony would have the legal right
to do whatever he wants with that stuff,
if in fact he obtained that legal right.
I had the privilege of working with an individual
who was trying to get the legal rights
to Catherine Kuhlman's entire video log,
like her whole video database, all of them.
And it was pretty incredible job.
Matter of fact, I don't think I ended up
charging them anything for it
because it was so cool doing this.
He had access to a lot of it,
but we actually ended up,
since she obviously passed away quite some time ago,
we did an investigation to find out
who actually owned the legal rights
to her entire portfolio.
Well, apparently when she passed away,
she gave certain legal rights over to a certain library,
right, university library.
And so they had legal rights to this, right?
In the estate, it was transferred.
So we tried negotiating with them and we say,
look, we'll even give you money for this.
And they're like, no.
So they have the legal right to the,
all the copyrights are in their name
and they just basically have it in this gigantic mess.
It's not organized.
It's not easy to go and get access to things.
It's just a big mess, which is an incredible shame.
Ridiculous wealth of knowledge from this woman
and library doesn't care.
So the legal rights,
so that's a long way of basically answering you
and saying the legal rights do transfer
just like goods and services.
They can transfer through a trust.
They can transfer through a will,
a last will and testament.
They can transfer under,
I'm not a wills and estate attorney,
but if a wife passes away to certain legal rights
that go to the husband,
I'd imagine that the IP is one of those assets
that transfer as well.
So, yeah.
So one of the other things I had a question about is,
we were talking about people that have designed something
and they've got it registered and stuff.
But somebody that was an engineer
that worked on this project,
would they, when they're employed by this company,
would there be some verbiage in there
telling them that they have no rights to that or-
Great question, great question.
Is there a contract that you offer people
when you-
to do your IP intellectual property thing as well?
The answer is yes.
So what you're asking, it's funny.
Anthony, you're ready for this, honestly,
because the questions that you're asking
are the caliber of questions that people
ask in the protection portal.
People ask, all right, I've got this meeting here.
Is there a nondisclosure agreement?
And then I say, well, hold it.
It's not just an NDA issue.
You're meeting with this person, and your concern
is that they're going to compete against you.
Are they going to copy your stuff?
So you don't need just an NDA.
You need an NDA and an NCA, which is non-compete.
So there's all these things, these practical real
application business things that we go into in that package,
not only in the audit, but then in the protection portal,
we cover all this stuff.
So in your situation, we actually
covered what you're talking about.
When's our next portal?
Just so you know, the next portal is,
the next meeting is the 14th.
It's always the second Wednesday of the month.
So the next one is the 14th.
And it's recorded as well.
But we actually answered this question
because somebody asked this.
So the way it works is, when you hire somebody,
there may be an employee agreement.
You've got to look at those employee agreements.
Most people just sign those things as statics
that they got a job.
They're like, oh, I got a job.
This is great.
They sign over.
But what the majority of these smart companies are doing,
and I know Anders knows this, a lot of these smart companies,
what they're doing is they have an employee agreement.
And the employee agreement says that anything
that you create on their premises,
using their equipment, during work,
or even outside of work, if it's related to the work
that you're doing for them, they own it.
It says it in the employee agreement.
It's on page 20-something, but it's in there.
And so you've got to think, if you're
going to work for a company, especially
as an engineer, software engineer,
or an engineer in general, the reason why you're hired
is for your creativity, like how brilliant you are
in coming up with new ideas.
And so you get hired.
You sign an employee agreement.
Now everything related to what you're
doing for them in business, they own.
Well, what happens if you've already, yes, yes.
You see what Michelle just wrote?
Work at home loopholes.
Yes.
That right there is one of the biggest issues
that happen once COVID hit.
People are working from home, no longer
within the business environment.
So now the home becomes considered the work environment.
Guys, think about this stuff.
And this is why the protection portal is so important, guys,
because we go through all these scenarios.
This is such a big deal.
If now the general analysis has gone
from being in the office away from your home
to your home actually being considered the office, well,
what if you're doing further development on the technology
or further development on the invention at home as a hobby,
and you come up with something new?
The employee agreement may specifically
say that that now belongs to your employer.
What?
Hold on.
I mean, think about this.
This is a really big deal, because imagine
that the reason why you got hired
was because of your skill set in a specific area,
and you had been doing work in this
and developing that already.
Then you get hired by the company,
and they've given you a good chunk of change.
And they're saying anything that you create belongs to us.
Guys, I'm not making this stuff up.
I get hired to legally help people out of these scenarios.
This is happening now.
So from the side of being an employee,
make sure you read your employee agreements.
But then even on the side of an employer,
if you want to make sure that everything that's created
that's related to your company belongs to you,
make sure you put it in your agreements.
Your agreements just specifically
say everything that's created in this company
or related to this technology by this employee,
we actually own.
Then it's up to the employee to recognize it.
And I'm telling you, like 80% of them
don't even know, because they're not reading the agreement.
I had a situation.
It was about seven months ago.
Get a call from a gentleman.
Gentleman was in the area of creating software for.
online betting, right?
Big industry, lots of money in this industry.
Created a software package for online betting.
His friend, guys, I'm not making this up.
His friend owned a corporation, reached out to him,
found out about the software, said, you know what?
We would love for you to work here
and actually be able to work on that software with you.
He comes in, signs employee agreement,
starts working with the company.
Long and short of it is the company filed a patent
on the software that he created.
The company, all right?
Like this is a big deal.
So now his entire like technological meaning
for living essentially just got stolen
by the company that he got hired to work for.
And he reached out to me and he said,
yeah, it is ugly, Tonya.
And so he reached out to me and he says,
man, what do I do?
I said, well, there's a loophole.
There's a loophole.
And it's because I've been doing litigation
for a very long time.
So I know of different loopholes,
but I said, here's the thing.
They filed a patent for the software,
but you're the creator, right?
He says, yeah, I'm the creator.
I said, well, then technically you legally have
to be listed as an inventor.
If they filed a patent application
and they listed another party
who actually was the president of that other company.
And here's a hint, guys.
Most presidents of corporations don't create Jack, all right?
So if I'm ever trying to invalidate a patent,
one of the first things I look for is,
is the actual president of the big company
listed on the patent as an inventor?
If he or she is, I'm like, perfect.
I'm halfway there.
Halfway through invalidation, right there.
Because chances are very low
that this person actually had the time to create this thing.
But in this case, president of the company is listed,
who again, is this guy's friend.
Guys, you can't make this stuff up.
It's his friend.
The friend is listed as the inventor.
So I said, let's draft a letter to the company
and say, look, you are an inventor
and you're supposed to be listed
as an inventor on the patent.
If you're not listed as an inventor on the patent,
we're gonna challenge the patent,
saying the inventorship is inaccurate.
And anytime inventorship is inaccurate,
you can invalidate the patent, right?
Because the inventorship has to be 100% accurate.
And then I would argue that they committed fraud
on the patent office
because they knew who the original inventor was.
And when you file a patent application,
you have to sign a declaration that says that
you believe that blah, blah, blah is the inventor.
So that means they committed a federal offense,
which is, you can get jail time for that.
I don't know too many people that are going to jail
for patent issues, but anyways,
you can get jail time for that.
And there's no limit on that, right?
And if somebody has done a patent,
you can go back years and say,
well, I'm actually the creator and they've done it falsely.
Yes, yes.
But, but, but there is a thing called,
and again, guys, this is why you wanna,
why you wanna be in the protection portal
and take this package.
There's another exception to the rule, right?
And you guys wouldn't even know this thing exists,
except you're here.
This other exception to the rule is called laches.
The way laches works is if you actually have an infringement
or there's some kind of issue
and you sit back and do nothing about it
for five to seven years or more,
then you can't bring a case against the other party.
It's over.
So I'm telling you, when you get in there, Anthony,
you'll see, we cover, we cover everything.
And the reason why is because this isn't theoretical.
These are people that actually are doing something.
Like they're running, they're creating businesses
or they're running businesses.
And so they ask these kinds of questions and they're like,
you know, well, what about the inventorship thing?
Oh, well, employee agreement.
Oh, well, even if you don't have the employee agreement,
there's this thing under common law that actually says,
was it created in the same place?
Was it created during business hours?
Were they paid for it?
Was it using business equipment?
That analysis has been done in the federal district court.
And they came out and said, yep, it belongs to the company.
Like, but you wouldn't know this stuff
were it not being in that environment.
And the beauty of it is as you're actually doing business,
you're gonna come up with other stuff.
I mean, every month people come up with really cool stuff
and they're like, I've got this issue with an employee
or I'm hiring, here's one,
you guys probably have never heard of.
If you hire somebody to do a software app for you.
All right, this is a really big deal.
If you hire somebody to create a software app for you,
they might charge you $85,000 for it.
You don't own the software app.
You paid $85,000 for something you don't own.
Guys, you can't make this stuff up.
The creator of the software is the copyright owner.
If you don't own the copyright, you don't own the software.
You own a copy that's been licensed to you, all right?
So, oh yeah, I don't know if you guys actually know that.
I'm actually an electrical engineer as well.
Yeah, my wife calls me a nerd
and it doesn't actually hurt my feelings
because I am a nerd.
Like, I love this stuff.
Like, you know, like if you're gonna have heart surgery,
get somebody who actually knows everything about a heart,
right?
That's just kind of like, you know, get the right person.
So, this is kind of, I love this stuff.
It's a lot of fun for me.
And I also don't like seeing people get in trouble,
so I try to explain all this stuff.
So, you're gonna get an app developed,
$85,000 in the legal agreement.
What do you do?
What do you want to do?
What language do you wanna make sure
is in that legal agreement?
Somebody unmute and tell me.
Somebody besides Anders.
Because I know Anders has done this.
Michelle's got it there.
And besides Ray.
Who?
Michelle's got it in there, I think.
Oh, she's got it in there?
Yes, get the right title and interest.
Come on.
So, well, well done.
So, what you do is in that legal agreement
that they're gonna send over for you,
where they're saying, we want $85,000.
And before, we're not gonna actually
charge you $85,000 upfront.
We're gonna charge you $20,000 for the first version.
And then we're gonna charge you this amount
for the next version.
Then we write all that stuff.
You make sure in that legal agreement it says,
and guess what, software developer?
You're going to assign all right title and interests
for the original copyright to me or to my company.
That is vital language, guys.
Because if you don't, what's gonna happen
is at the end of the year,
they're gonna send you a bill for renewing the license,
even though you paid $85,000.
And you're gonna go,
why the heck am I renewing something I own?
That doesn't make sense.
And they're gonna say, no, you don't own it.
Look at the original agreement.
You have a copy of it.
And this is what happens.
They now take that copy and they do some research
to find out who your competitors are.
Then they reach out to your competitor
and they say, hey, competitor,
I have a software program that does blah, blah, and blah.
Would you like to purchase that for $50,000?
Now all of a sudden your competitor has a software program
that looks very similar to you.
The only difference is they change
the graphical user interface.
All the programming in the background,
all the functionality is exactly the same,
but the graphical user interface,
namely the way you interact with the software,
either in the app or on a website has changed.
So it looks different, but it's the same functionality.
And they're making like one and a half
to one and three quarters of the cost.
And you still don't own the software.
Like this is how the business world works, guys.
Yeah, Rae, go ahead.
If you could just reiterate now that you explained
rights, titles, and interest ownership,
now how that associates to licensing.
I think I'm going over it one more time
because licensing has come up a couple of times here
and then once in the challenge.
So I think just kind of clarifying the difference
of licensing after you have the rights, the ownership.
All right, so basically if you own something,
let's say you outright own it, right?
You can't license something.
If you get a non-exclusive license or something,
and we go into this in deeper detail, guys,
and with that package, you'll be in the protection portal.
That's where we go in very deep detail on this.
I'm giving you like top level stuff.
Like you guys are getting a lot, honestly.
But the way that it works is that you cannot license
a right that you don't have.
Okay, you have to have a right.
Then you can license either that same right
or less than that right.
Okay, so if I don't own my neighbor's house,
even though I like Alina
and I think Alina has the best smile ever,
I can say, hey, Alina,
I wanna license you my neighbor's house for $1,500 a month.
And you're like, wow, that house is really nice.
Yeah, I'll take it.
It was like, you go knocking on the door,
they're gonna be like, who are you?
You can't come in here.
Hey, get out of here.
I don't care how nice your smile is, get out.
You know, it's not happening.
So you can't license a right that you don't have.
But if you do own all right tied on interest to something,
like let's say you own a patent or you own a trademark
or you own a copyright, you can license those rights
and you can license it in different ways.
What licensing does is it gives you a revenue stream.
Okay, it can give you money back or you can do a thing,
I'm going way too deep, Ray.
This is way too deep.
Like, I don't want people to get lost.
You're right.
Again, this is stuff that we cover in the package, right?
But there's, I'll tell you one other thing.
There's this thing called cross licensing
where somebody else has a patent and you have a patent.
You license to them, they license to you
and you pay no money out of pocket.
That's a really powerful way to enter
into a business sector where somebody else
is already in that sector and you just wanna enter in.
You're swapping, you're swapping legal rights.
You know, you're like, it's like back in the day
we would swap baseball cards, right?
We'd be like, hey, I got a Reggie Jackson rookie card
and they got a Don Mattingly and I'd be like, all right
I'll swap you this one for that one, right?
That's a swap called cross licensing.
So the way licensing works is I have a legal right.
I wanna give certain rights to another party.
I wanna make money for that
or I wanna get certain legal rights to something for that.
So I give them a non-exclusive license
but I own all right title and interest.
If I assign all right title and interest to another party
I have nothing left.
If I assign my house
and I give all right title and interest over to Ray Carter,
number one, she's very happy.
But number two, it's, yeah, I know, right?
Yeah, yeah, yeah, come on.
But number two, I have nothing left, it's gone.
It's gone.
Now there are, again, in the protection portal
and in the foundations and IP package
we'll go into deeper things like you can license out
and you can maintain an internal
like non-exclusive license for yourself.
Like there's ways around the system
that I train you guys in.
Basically what happens is you guys tell me your scenarios
and you're like, hey, I'm thinking of doing this
with my business, what do I need to worry about?
Boom, we go in and we dive
and we come out with the whole scenario
and I break it all down.
The beauty of what you guys are actually receiving
through this foundations and IP thing is,
I don't know if you guys actually know this
is that I'm a trademark attorney,
I'm a copyright law attorney, I'm a patent law attorney,
I'm a trade secret law attorney,
I'm a global IP portfolio manager, a licensor.
Like I do all this stuff and I'm a litigator.
I've litigated in Texas, Massachusetts, New Hampshire,
Connecticut, Florida
and the Southern District of California, right?
So the beauty of it is essentially it becomes a mentor.
Somebody who is just gonna sit down with you
and just hope that you don't do it wrong.
I'm gonna use all these gifts
to just make sure you do it right
and you don't run into problems.
It's, I take that upon myself.
It's really important for me
to make sure you guys are successful.
So I think of all the issues that are related to your issue
and I guide you on them.
All right, with that, it is 9.40.
Hold it, I have a not so deep question.
How does copyright work with podcasts?
Do you have to copyright every episode?
All right, I'll answer that question before we close.
The answer is yes.
All right, see you guys tomorrow.
It's really good seeing you.
So podcasts are audio works.
Audio works are protectable, okay?
So yes, podcasts are protectable.
Now, when you get into the package,
what you'll see is that there's a way
to actually file groups.
You don't have to file everything one by one.
With copyrights, you can file groups.
There's this really unique way to,
if the artist is the same or the author is the same
and there's multiple works,
you can sometimes file multiple works as one.
There's things called compilations, there's other stuff.
I'm gonna stop there.
Yeah, yeah, I know.
I just got pinged by two different people going,
you're giving too much.
You're right, I'll stop.
So that's enough for today, all right?
Trust me, guys, when you go into the Foundation for IP,
you're gonna learn a lot
and we're gonna make sure you do well.
So I'm gonna stop there.
Is this helping you guys?
I'm just kind of curious.
Is this helping you guys?
Yes?
All right, good.
We're gonna close there.
Bless you guys.
Have a wonderful evening.
Tomorrow night, again, at midnight,
the offer is closed, it's done.
So I make it open during the week
so you guys can talk to your spouses
or your banks or whatever you gotta do.
If you're trying.
to do it in multiple installments. You can reach out to me directly. DM me or email me or whatever
it is and we can discuss that. But take advantage of it because I've been told by my mentor that
it's way too low. It needs to move up to $9.95 at least or $99.95. I'm not doing that immediately,
but in any case, that's going to be coming up very soon. All right, my friends. Bless you guys.
Have a wonderful evening. What is that? Oh, those are two different email addresses.
They can reach out to us if they have questions.
I thought it was like one mega long email address. I was like, what is that?
I'm going to go eat dinner and then I got to catch up in my own law firm because
I actually take the week off from my own firm in the meantime, but clients don't stop. So
have a great night, guys. I'll leave you with Larissa and Ray. Take care.