Welcome Randy, Randy just joined us as well he joined the challenge and VIP Randy Johnson
dude you're a millionaire and one of the best pitchers of all time.
I am in awe of the fact that the Randy Johnson is here.
That's right, just that baseball players is a has been he took my name.
I'm much look better looking than he is, but he's got absolutely, absolutely man trademark
your name.
Oh my gosh.
Here we go.
I almost looked it up a while back.
Now there's a question that is a burning question for the challengers to trademarking names.
Well, it's interesting.
I'm going to talk about that and then I want to go to Sean because Sean had a question.
I wanted to bring it into VIP because then I could spend more time than I can over there.
Let's see.
Can we talk about image and likeness?
Oh my gosh.
Yes, that actually that is a huge issue Josiah.
That's a huge issue.
I have a question about photographs and incorporate them as a collection.
Ironically, Dr. Colette James.
That's actually what I'm going to be covering.
I'm actually going to be covering for you guys.
How do you actually file multiple things at once so you can decrease your cost?
So we're going to talk about that.
That's actually one of the topics I'm going to cover here for VIP and give you guys some
of the, Oh, Anna Marie, can I, can I just say thank you?
Like your, your video just like warm my heart.
Like it was so good.
Thank you.
And all of you guys that have been doing like videos and like Jackie and others, like I'm
so grateful.
They're so helpful because it helps us, it helps me to know what are the areas where
people are really grasping things and what most people really need.
Because one of the things I did, you notice when you signed up is I asked you to go live
and tell me like, what's going on in your life, where do you need help?
And you're going to see like on day five, I'm actually going to be taking a lot of people's
specific scenarios and without giving all the details and kind of say, Hey, this scenario,
this is what I would do.
This scenario, this is what I would do.
Because I mean, quite frankly, not a lot of people can afford 600 bucks an hour.
I mean, that's just a fact, right?
It's just a fact.
And so for me, what I wanted to do, I mean, I've been very, very blessed.
I, yes, I do work hard, but it's by the grace of God that I'm here, not back in the projects
of Brooklyn, you know, not, I mean, I used to sleep on literally a bench and people used
to bring me food, you know, and so I look at where I am now and I was like, look, you
need to give back.
And so that's part of what I'm trying to do here is trying to take some of the knowledge
that I have here and donate it to all of you, essentially, you know, because as a result,
if your companies can become successful and we start decreasing that 90% failure rate
and all of a sudden you guys are succeeding, I know you're going to take care of your people
because your hearts are in the right place.
I'm getting to know some of you guys personally.
I know that when you do well, you're not just going to do it for yourself.
You're going to help others.
So I want to make sure that I can donate into you as much as I can without keeping you here
to midnight.
So on that point, we went late last night.
I don't know what happened last night, but we went late.
It was like I went to bed at four.
So late that the video wouldn't even render last night.
Oh, is that right?
Was it hiccuping?
Yeah, guys, I'm actually having that email that's uploaded now.
And I'm going to have that emailed out to you tonight or tomorrow morning's email.
Well, the beauty of Ray being in Hawaii is that she's six hours difference.
The bad part about her being in Hawaii is when I need something at 12 o'clock, she's
like, oh, oh, so I still answer your phone because, you know, everything we're doing
is helping so many.
So you got your amazing, right?
And Larissa, you're amazing as well.
And I know Jill was listening earlier.
So, oh, my gosh, is that your husband?
Yeah, that or somebody's hand just went through a wall.
So why don't you.
All right, let me start answering some questions and start jumping into some stuff here.
Um, let me start out.
I just want to honor where is she?
Sean, Sean.
Come live.
Please, and I'll ask your hand up, please.
We can grab you quickly to spotlight.
I can see her.
I see her.
I got gallery view.
Yeah.
Good.
And unmute, Sean.
Hi.
Hello, my friend. Hey, thank you so much for the copyright
stuff tonight. I do have a lot of probably one of wait. Am I
unmuted now? Yes. I think we were playing mute tag. I was
saying thank you so much for the copyright stuff tonight. One, I
have three questions. I wrote them down. I'll be really
efficient with them. But they're all related to the same thing.
But one of the biggest things is, because I'm looking at the
the models, the concept of the steps of something I do, it has
a picture of it. But it's also the idea, these are the steps
and you've said it could be it could be patented, trademarked,
there's a whole bunch of different things. But if it's in
a book, then is it just the words in the book and the the
written material that gets protected by a copyright? Or is
it also the concept or the the model that's being presented in
the book is also protected by the copyright?
Yeah, it's a good question. So let's say that I have a process.
And I have a book that I've written that describes the
process. And in the process, there's like an image. And that
image kind of is like a either a flowchart, or it's a, or it's a
unique image that's created that encapsulates part of the
process, right? Well, in that kind of scenario, you know what
I'm going to do, I'm going to do something, I'm going to share
something with you guys. I have a scenario that now I'll wait to
day five, I'll wait to day five. Let me just walk through your
scenario. Alright, so in that case, I've got a book, the text
of the book is potentially protectable under copyright law.
The image within the text of the book is also protectable under
copyright law. The process that's there, the process may be
protectable. And this is, again, why an IP audit is so
important. The process is potentially protectable under
what's called a patent, right, which is what we're going to
talk about later. That process, the method, whenever you create
software, when software is created, you start with a
flowchart. Anybody here know how to do programming software code
programming? Yeah, I've done that stuff. I see Ron, I see
Keith. Awesome. So you know, when we write code, we don't just
start writing code, like that. We'd be crazy to write like, you
know, 50,000 pages of code and just we don't do that. We start
out with a flowchart. And we say, this is what we want to
happen. First, this is where we happen. Second, we take the
results of this, and we're going to do this in third, and then we
create code for each of those blocks, right? That code in and
of itself is protectable under copyright law. But the
functionality that's associated with that flowchart is
protectable under patent law, potentially. So you in a
scenario like what Sean's talking about, you've got a book
that includes a process that includes an image that's
associated with the process, you've got the book is
potentially protectable under copyright law, actually, not
pretend, potentially, it is protectable under copyright law.
Then you've got the image that's protectable under copyright law.
You've got the, the process that's associated with it, you
got to make sure an attorney looks at that to find out
whether or not that's potentially protectable the
process. I've got a client who came on board about two months
ago, from the 100x community. Brilliant woman, brilliant
woman, she has a unique process. And so when she talked to me
about it, I said, Oh, my gosh, like that, you need to file
that's a patentable thing that that method important. So she
she's going down the route of protecting some of that. But as
she's meeting with people, I kid you not, I spoke with her today
for about 40 minutes. All the people that she's meeting with,
they're all saying, well, all your ingenuity hunt is is in
your process. Your process is amazing. Like I've never seen a
process like that ever used before. You need to own the
process. And I told her I said your process is one of the most
valuable things here. You need to own your process. So now
she's hearing from our potential customers, right, which which
can be a problem. Because when you go into the patent world,
the second you disclose something, you can't obtain
legal rights in foreign countries, it's gone. So you
got to be careful in the patent world on what you disclose, or
if you offer it for sale, you get a one year, we'll talk about
this later, guys. So you don't have to freak out. But for those
of you that want to kind of get a preview, if I offer my my my
process for sale to Sean, I've got one year to file a patent in
the United States. Otherwise, I validate violate what's called
the offer for sale bar. And my inventions considered donated to
the public. That's insane. That means you can lose your
inventions by offering
for sale. Nobody tells you that. And if they were sell as part of a course, is that include for
sale? I mean, the course was for sale and the process was taught in the course. Does that mean
the process was sold? It would depend upon whether or not the whether or not you were offering to
sell the process. Right. Right. But the book is not offering to sell the process. Right. It's
actually it's it's what it's doing, though, is is actually hitting a set. Man, I'm really
geeking out on you guys. You guys have VIP. This is really big, though, because I am. I know. I
know. I'm going to answer for you. I'm going to give you what you're asking for. But this is deep.
This is deep. All right. So you're actually giving the book to somebody else with a description of
the process. That's called publication. That's called public dissemination of the process.
Like you've got it in a publication that's readily available to the public.
That is the second statutory bar. There are three statutory bars, which we're not. I did not intend
to cover this, but I'm going to hit it now. Anyway, it falls under patent law, which we're
covering on day five. Right. And then we're covering a bunch of scenarios on day five.
But you're you're you're taking your book and giving your book.
I give my book to somebody else, I sell it to them. That now means that it's it's it's a
publication that's readily available to the public. I have one year from that date
to file a patent application. If I don't, it's considered donated to the public.
And what donated to the public means is that it's gone. I cannot own it myself.
Now, what I could do is under copyright law, I still own the book. Right. I still own the book.
But the problem with copyright law is copyright law doesn't allow you to own the functionality.
It just lets you own the book. It's the words like all these words that are in here.
You own the words, but you don't own the process, the words and also the written version of the
model. Yes. Correct. Tangible. But also you keep mentioning about licensing. Like somebody said,
oh, I want to take your class so that I can teach your thing to my groups. So somebody else said,
oh, well, you should license it. So then you make her have to buy. But, you know, you've mentioned
licensing or you can even said just yesterday we were talking about should the copyright be in my
name or my company's name? But we're thinking of changing my company's name. And then, you know,
and you said you could license it to your company. And I don't know what that word license even
really means. Yeah. Sean, you need an IP audit. Honestly, you've got so much stuff going on.
You've got to make sure that somebody sits down and looks at every aspect of it and says,
Sean, do this first, do this second, do this third. Right. And I know that's partly what
you're going to talk about tomorrow. So you'll hear more about one question that I did ask.
I think I'm I'm hearing what you're saying. Yeah. Well, let me go to some other questions
and then I might come back to you. Right. But just that. OK, because that version of the model is
continuing to evolve. So I think your answer about if you if you edit something, you have to look,
is it substantive? The same is true of a model. If a model is still accomplishing the same thing,
but you just change little bits of it. Correct. Then it's the same. But if it's actually doing
something different, then it's a new application. Potentially, I would just make sure you talk to
an attorney and be sure, because I can tell you what I have seen people I've seen people file
multiple patents essentially for the same thing that should have been in one application. And
they wasted twenty, thirty thousand dollars. Literally, because they didn't realize that you
could file one application with multiple embodiments, and so they filed three applications
when they should have filed one. It's it's it's kind of sad. But let me let me go over to Anna Marie.
How are you, my friend? Go right ahead. Good. I've got two questions, something that you said
earlier, but then something that you said. So you were saying, you know, start your business,
grab an LLC. And then it dawned on me you can own an LLC that somebody else may already own
the trademark for. Is that correct? OK, so that just dawned on me and I was like, I want to check
with Peter and make sure that's correct. So that would suck because then you would need to change
it because I have an LLC that somebody else owns a trademark for because then you can never really
use it. Right. That. All right. So everybody understands. Anna Marie, she opened up a legal
book and she found the legal term that is utilized in very negative situations. It's called suck.
OK, that is the legal term. This sucks.
That is exactly the case, Anna-Marie.
They would really stop.
So I haven't checked it out,
but I have my LLC for eight years.
That's right.
And then you just sent something,
and I was like, wait a minute.
That could be possible.
So I have to investigate that.
All right, the second question is,
you started to say something about those of us
who are either life or business coaches,
and you were like, copyright your logo,
copyright-
Trademark your logo.
Trademark, I'm sorry, trademark your logo,
and trademark your business name.
And then you were gonna get into something else
that we needed to know about our materials,
and then you got sidetracked and went somewhere else.
All right, well, let's dive back in.
I had the space in my notebook
for you to write down what you were gonna say,
and you didn't say anything.
Oh, what is going on here?
Hold on.
What just happened?
You have been signed.
Can you guys still see me?
Yeah.
It says in Zoom, you have been signed out
because you are currently signed in on another device.
Somebody is trying to log in under my-
It's probably me.
I'll take care of it.
I'll get out.
You got it?
It's me, don't worry.
It is, it's still recording though.
I don't wanna touch anything
cause I don't wanna get kicked out.
You're recording.
Ray's hacking you up.
Hold on, I gotta cancel this.
I don't, all right.
Can you guys still-
Sorry guys, the downloads take so long to get done.
I was trying to get a leg up on it
while Peter was talking.
All right, cool.
Oh, I've tried to do that.
Now that we've established that it was all Ray's fault,
we can talk.
Okay, good.
Yeah.
Doesn't allow you to do that.
Okay, so we would have,
us coaches would have definitely materials.
So all we have to do is,
if we have not filed for something officially,
use the C, which I've been doing.
And then some of us do have the processes,
our own process.
So you're saying the process itself has to be patented?
Not all processes can be patented.
Okay.
Okay, so, and we're gonna cover that on day five.
We'll probably touch base on it a little bit
at the end of day four,
but day five is when we're gonna hit it hard.
I can tell you,
I have a lot of friends who are life coaches
and business coaches.
Like it's a very big industry.
It's a very big industry.
And so there's a,
there's a thing called unpatentable subject matter.
It's under section 101.
I could totally geek on this for you,
but it's the,
basically what the court says is that
if a human being can perform all of the steps
by themselves, then you can't patent it.
That's what they say.
Okay.
You need to,
there needs to be some kind of ingenuity in this.
There needs to be either like a machine that's utilized,
a computer in some way, shape or form,
some software or some kind of functionality that's utilized
that is not just done by a human being.
That's typically what they're looking at, right?
Okay.
It's the big case was called,
it's called Alice.
I was really blessed to be one of the,
one of the first people to win a case
in Massachusetts federal district court under Alice,
basically to invalidate a patent
because somebody had a patent
where there was a mechanical device.
What the mechanical device would do is take this thing,
move it to here with one arm.
Then the other arm would come over and grab it
and move it to here, right?
Now they did that with a machine,
but the problem is the claims of the patent,
which you guys will learn about on day five,
the claims didn't mention a machine.
All it said, it was a method.
It said a method of moving an object
from a first location to a second location
by picking up the object,
moving it to a first location,
releasing the object,
grabbing the object,
moving it to a second location,
releasing the object
and then connecting it to blah, blah, blah, right?
So I just, my opening arguments with the judge,
I just said, well, your honor,
I understand we're starting our case,
but I'd like you to please just follow along with me
if you just entertain me for a moment.
And the judge was like, all right, cool.
Yeah, sure.
So Chief Justice Saleh, I said,
would you please pick up your coffee cup
with your right hand?
And so he picks it up.
And I said, would you please place it in front of you
and now let it go?
And he does.
I said, now, will you take your left hand please, sir?
And he does, he grabbed it.
And I said, will you now move it to your left side?
And he does.
I said, now, will you release that?
All right.
And I said, do you have a cup holder?
He says, yes.
I said, can you put it in the cup holder?
He says, yes.
I said, your honor, you just infringed their patent.
They're going to sue you for $20 million.
And he did exactly what you just did.
He cracked, he thought it was hilarious.
He thought it was a great opener.
And I said, and I proceeded to argue,
your honor, their case is invalid
because a human being can perform
every single one of those steps.
And they've been doing that since the beginning of time.
So they should not have a patent on that, your honor.
So all of that, basically to say to you,
if your process can be exclusively done by a human being
without any.
kind of functionality, software, or some kind of uniqueness in one shape or form that an attorney
should assess, then it may not be patentable. But what you could do instead, and this is where you
can make some big bucks, take your flow charts, take your graphs, take your rendered processes,
get copyrights on those so nobody else can do those. Nobody can utilize those. So where you're
spending the time and the resources as a life coach, as a business coach, is I'm doing a full
assessment to see how can I make my material as streamlined and as appealing as possible so
everybody wants my training so they can get copies of my materials, right? So like, you know, Brenda
may be able to train, may be able to take my video and then kind of try to teach what I'm teaching,
but if my materials are so good looking and so easy to access and so easy to follow
and I've made it flow very well, then they're going to want my course because my course is
not only good teaching, you know, I don't like talking high about myself. I'm saying
a theoretical individual, right, would not like be saying, you know, well not only is my teaching
good teaching, but my materials are easy to follow and they're all protected under copyright
law. That's how you build a strong coaching business. Okay. I was hoping I did not have to
file patents because I'm like, I can't afford to file patents. It's possible. It's possible. Well,
we're going to talk about, it's funny, we're talking about patents so much today. Maybe we're
just intended to go this way. This is great. So there is a thing in the patent world which you'll
learn about, which is called a provisional patent application. All right. Type this in the chat,
guys. Provisional. P-R-O-V-I-S-I-O-N-A-L. Provisional. This is important for you to
know about this, guys. It's called a provisional patent application. A provisional patent application
does not have all the requirements of a normal patent application. A normal patent application
has the following. Title, cross-reference to related applications, background of the invention,
field of the invention, summary of the invention, brief description of the drawings, detailed
description, claims, abstract, and at least one figure if necessary to understand the invention.
That's a lot. That's a lot. Yeah. He's like, don't worry, it'll be on the replay. Yeah.
Well, this isn't even day five, guys. I'm just giving you a preview because people are asking,
so I'm just letting you know, right? One of the things I think you guys will notice is
afterwards, I try to think, what are the things that they need me to stress again? I try to talk
about it a second time in a different way so you can absorb the material better. That's my
objective is that you'll get it. All right. Those are all the parts of a utility patent.
You know what's required for a provisional patent? Detailed description, title, and at least one
drawing if necessary. That's it. That's it. That means your provisional patent application
should cost less than your utility patent application. A lot of people don't even know
they exist, but your provisional patent application will allow you to preserve a filing date.
Within one year, you can file what's called the utility patent application.
The only reason why I'm telling you this is just remember to name provisional.
And if you can't afford to do a full-blown utility, look at the potential filing of
provisional. The government created that because they knew that utility patents were expensive,
and they wanted to provide a way for you to get your stake in the ground, so to speak,
even though you haven't built your house yet. It's called a provisional patent. We'll talk
more about this on day five. Okay. Anything else us business or life coaches need to be aware of?
Yeah. I think your material will be very good for evergreens. That's one thing. If you can get a
following as you're doing coaching, as you're training people, you want to try to get your
your volume of sales from your challenges, your VIPs, or your offers, or whatever it is,
to try to be at a certain level consistently because that means that you have a certain
following, like you're starting to get a following. Don't start dropping evergreens
until you get those numbers. If you drop them early, then what happens is you just kind of
disappear because nobody really knows who you are, right? Not a lot of people are going to buy
it. You're going to spend a lot of time on infrastructure. You guys are going to find
about
something, find out about something.
You're up to something, Ray.
I see your smirk.
You're up to something.
I know you are.
I'm watching you, Ray.
So there's a, I have a backend platform
where I save all my videos.
Well, Ray saves all my videos.
All the challenge videos, the VIPs,
I have something you're gonna find about soon
where there's an exclusive thing, blah, blah, blah, blah.
You'll find out about it soon.
But in any case, all those videos are available as well,
but they're all saved in a platform, right?
Where all these videos are, they're maintained.
Well, that platform costs $10,000 a year
just to save my files, right?
So that's not, that's just an added expense
right off the bat.
Fortunately, I know the corporation that hosts it
and they're actually one of my clients,
so they cut me a deal.
But the whole point of it being,
if you build an evergreen series,
those videos are gonna have to be stored somewhere.
So you're gonna spend time and money
creating your videos and storing them, right?
You don't wanna start paying per month
for storage of stuff that's not selling.
So start building your following,
get your numbers to about 50 to 100 consistently
every single time that you're presenting and you're teaching
and now as you start to get to that like 100 level
over and over and over, you're like,
okay, now I can drop my evergreen
because now people know what's going on
and I can guide them
instead of going into the live challenge every single time,
I can guide them into the video replays, right?
But then on top of that, I wanna continue to go live
because like this to me is precious.
Like I'm literally, I have the honor and the privilege
of molding people's companies.
That's literally what,
I mean, I feel a lot of weight on this, right?
So with that, I wanna continue doing this.
So if you need to ask yourself,
if you're doing these live presentations
and training people in numbers,
is it gonna be the case that when I create an evergreen,
I'm gonna lose that experience and have that personal touch?
You need to make sure you set it up
so that videos are available,
but they're not teaching everything
that you're training otherwise, right?
Otherwise what you do is you lose your audience.
Yeah, because the experience is with me.
Yeah, the experience is with me.
That's right.
Right, but here's the thing is that those videos
will lead for you and for life coaches
and for business coaches,
those videos will leave to a steady income stream, right?
So you're consistently making thousands of dollars
every single month, right?
It's just running in the backend, which is helpful.
But at the same time,
you don't wanna lose the personal engagement
where you're really getting the opportunity to help people.
Right.
So you gotta measure that.
So all that means-
Everything I do is live right now.
And one of my coaches, you know, Elaine, Elaine Collier.
Oh yeah, sure.
Yeah, yeah, and she was just saying,
I need to get some of that other stuff
that's not me going live
because she's like, you can't scale.
You can't scale being live training everybody
because there's only so much of you.
And that's all I know.
That's all I've ever done, but I totally get that.
So I'm in the process of doing some of those things
where they can just go purchase other trainings
and it's just video.
It's not me live.
Yeah, and the other thing you can do
to go towards copyright and licensing
is that you can take portions of what you teach
that you know, as an example, like a trademark search.
I had an individual come to me
that runs a larger network and say,
can you do a video for me where you go live
and you do a trademark search?
And I will license that from you for several thousand
dollars, right?
And I'll just, when anybody goes into my network,
they will watch the video.
They won't get a copy of the video.
Remember, you don't want people getting copies
of your stuff.
If people get copies of your stuff, you lose control of it.
People can modify it.
They can do all sorts of things and it can hurt people
if they don't do things the right way, right?
There's a reason why people hire you, Annamarie,
because you're good at what you do.
And if people modify what you do,
it may be detrimental to them, right?
So you want them to see the authenticity
of what you've received and deliver that well.
Well, that's where copyright law comes in.
So you file copyright on your process.
And then what you do after you have the copyright
on your process is you can license it to another party.
But as a business coach,
what you're not going to do is give the videos away.
You're giving access to the videos.
You're not giving the videos away.
Those are two totally different things.
You're not selling the videos.
You're selling access to the videos.
So I'm going to give you a.
link, like everybody here is getting a link to the challenge
videos and the VIP videos, you're not getting the videos.
Right. And I specifically say do not download because if you
download everything, or anything that's copyright infringement.
I'll know, like I know when people download things, and I
send them personal DMS. And I said, Look, I gave you a
warning. Don't let me tell you this again. You know, and so
it's important for you that you you keep the material on your
platform, then you license your content to another party. Now
you've got a revenue stream that's happening, but it
happened because you own the copyright. So you have to get
the copyrights on your videos first. Okay, that makes sense.
Yep. So every video, every standalone video, or every
course has to be copyrighted. If I've got like four videos in
one course start to send each one in or can they all be
together? Yeah, it's a very good question. You could file
them together. What what I will be concerned about if you file
them together is if like one part of that is something that
you want to license separately. It'd be nice if you had a
separate copyright on that one alone. Because then you can
license that alone. Okay, you can literally say the video
which is subject to license, which is subject to copyright
registration number, blah, blah, blah, blah, blah, you hereby
get a non exclusive license for, for replay or for for
distributing, not for downloading, not for you know,
resale, things like that you can break it down in a license, and
you've got a steady income stream.
And so that's a few they pay every year, like a renewable
license, or one time,
okay, you can do it any way you want. Here's the beauty of it.
In, in licensing, licensing really is you can be as
creative as you want. You do whatever you want in licenses.
Like, let's say you don't have a lot of really strong content
yet. But you want to start building relationships with
people, you can license at a low royalty rate now. And then as
you get better and better, you can increase the royalty rate.
Or you can do a thing called a step license where, you know,
if they if they have so many, if they send it to 100 people, the
royalty rate is 2%. Or let's say they send it to 100 people to
percent is 4%. If they send it to 1000 people, it's 2%. Like
you can do a step license. So it's not always the same royalty
rate. It changes based on certain circumstances.
Like Erica said, pay per view.
Yeah, you can do pay per view to you can literally the beauty of
licenses is that you can do whatever you want. You can say
look, for every single view, I receive $5. Right? You can do
anything you want. licenses are amazing. It's, it kind of
baffles me that when people approach lawyers, um, let me
put it this way. How many people here when you went to buy your
house, just said, I'll take it and paid the price that was
listed. Anybody? Nobody. So why is it that people will hire a
professional and literally take whatever they offer at any cost.
They don't negotiate at all. But everybody negotiates for their
house. So you need to think about these things like in
negotiating a license in working with attorneys and working with
others, like mentioned what you're going through, what
you're trying to provide, and see if there's some room for
negotiation. And if there isn't, then there isn't like in my
situation, like I could build around $1,000 an hour if I
wanted to based on the skill set, and people would pay it,
they wouldn't hesitate. I keep it lower. And I keep I actually
have discounts for certain people intentionally, because I
like to see them grow. Right? Otherwise, I'd only be
representing large corporations and large corporations are
great, but it gets kind of boring when you're just kind of
getting an email and spitting out work and you're never
talking to people. I like this. This is more engaging. So let me
jump over to Sonia. Thank you. Oh, absolutely. Thank you. I
still appreciate it. It's my pleasure. All right, Sonia. Are
we going to come up with another cool name today? Let's pick on
men. Yesterday we picked on women. Let's come out with let's
see. I'm not buff, man. How's that? Is that a good one? Not
buff, man? No, it needs to be alliteration. It needs to start
in the same letter. Oh, it has. Yes. Yes. That's good. We have
to come out with something for men. I'm not sure. I have to
tell you. So I talked to my husband about this last night
because biceps in German, you actually write with a Z. He
completely mispronounced my name the whole time. Yeah, so today
was the day I'm getting severely overwhelmed. Oh, wow. Okay,
cool.
Let's I'm gonna get in trouble for sure. Um, so I know we're
not supposed to, you know, talk businesses. But in my
introduction video, I talked about that I'm in pelvic floor
training just in general. Yeah, there is not much on the US
market. However, in Europe, it's pretty common. It's, it's
bigger. So
so all right, just just for a moment for those that don't
know, pelvic floor training is when you lie down face first,
they teach you how to lie down on the floor. It's called pelvic
floor training. I some of you got that some of you guys. Can
you explain to people what pelvic floor training is? Sonia?
Yeah, I know, because I'm in physical therapy and stuff. But
good.
Yeah. So the pelvic floor is the most important muscle in our
body, that helps us walk up straight, that helps us talk.
And that's also responsible, that one in three women suffer
from stress incontinence, prolapse issues, ab separation,
headaches, back pains, all of that. So it's literally the
muscle that is most important, but nobody talks about it, much
less trains it.
That's right. So she's the expert, just so you all know,
talk to her. All right, go ahead. Now go ahead and to
let's see if we could break things down for you. Go ahead.
Okay, so I've been teaching for over 10 years, but I'm just now
bringing it online. Yeah. And so the first question is, like, if
I just would use the term pelvic floor, is that just because it's
a body part? Would that go into like, medical? I don't know,
like, I'm not a doctor. And I'm not like, I'm not doing medical
advice. I'm really just doing the physical training. So I'm
like, so worried that I'm going to get in trouble. Because of
some medical terms, right? Because we can't make medical
claims and all that kind of stuff. So that's the first,
let me let me address that first. Okay, because so what
Sonia is talking about is not it's not IP related, it's
actually falls into an area of healthcare, where you've got to
be careful with certain terminology that you're
utilizing. Because you can run into problems with the FDA, you
can run into problems with all sorts of federal institutions,
very quickly, because they regulate these areas. Sonia, I
have a feeling you're going to end up being involved in what
I'm going to do tomorrow. I have a very strong suspicion. I have
a contact for you. His name is Jason Gregoire. He deals in all
of this stuff. Like he knows he knows what language you can use
can't use. He deals in alternative medicine,
alternative health, where the line is, he's the guy. I'll make
an introduction for you. Okay. And so it's funny, Ray, we're
talking about a lot of the stuff that I'm going to be covering
tomorrow.
Yeah, everyone's really feeling it.
Yeah, you can see the people are already ready. Like, I almost
feel like saying stuff now, but I'll wait till tomorrow. But
still, it's pretty amazing. So
opening up the door for more, more, more on the
praise God that it is right. It's it's it's a there should be
a grace and ease to it. It shouldn't be like a what? It
should be a trend and easy transition. I could see that a
lot. So um, yeah, in your situation, I'll make an
introduction to Jason Gregoire. That's actually part of what
you'll find about tomorrow is I have a network of lawyers around
the world. Right that literally are in every single country, but
I also have lawyers in every single field. And so I've had
the privilege of working with some of the best that ever
existed. And so great, Jason is pretty, pretty amazing. And so
I'll make an intro for you. So all right, what's your next
question?
Okay, that totally threw me off. But thank you so much. That is
awesome. So that was one question. And then, since there
is like bits and pieces of what I'm teaching in other countries,
but not in the United States, because so it really goes all
the way to how confident somebody is, right. And so
that's my whole business, I guess, like my whole course. Is
that the right thing? Okay, trademark, I understand this
logo and slogan, and maybe name. But then, like that whole system
that I put together? Like, how to protect that?
Yeah, so you you fall in, again, you fall into this area of IP
audit. So you need to break it down and figure out which parts
are protectable under which areas. And in fact, I have a
strong suspicion, you probably have stuff that falls into the
category of a trade
secret, meaning certain things that you do that nobody else knows about, and you probably don't
want anybody to know because if you told them, then they could start practicing it and become
competition. And so there's a whole other body of law that's called trade secrets.
This is like, think of Coca-Cola, right? The Coca-Cola formula. Nobody knew what the Coca-Cola
formula was. And in fact, if you work for Coca-Cola and you left and you went to Pepsi,
and they found out that the taste of the Pepsi started to get close to Coca-Cola,
they would sue the former employees of Coca-Cola, saying that these guys must have grabbed the
formula for creation of the Coca-Cola formula, and they'll sue them. And they'll say it's called
trade secret misappropriation, right? So basically, in your situation, Sonia,
it's your best bet, honestly, is to go through the whole thing, talk about what you're doing
beginning to end, what countries, what materials, the process, the trademarks, the copyrights,
literally everything, and describe it all. And then have somebody sit down and say, okay, this
here, this is protectable this way. This here, you already have protection. Don't waste money here.
This here, you need to do the following. These countries are important for this reason.
Over here, you're selling your system online. And the majority of your sales are here. So this
country, you should get rights. But over here, somebody might create it, but they can't sell it.
So don't worry about it over there. Somebody should break down all of that for you. So that
then you can just say, okay, now I understand. Now I can go forward and only spend where I need to.
That's really important. Again, it's called an IP audit. So we're going to touch base on that
tomorrow. So I do want to answer one other thing for you, though, which kind of is related to what
you're talking about. And it actually is important for all of you to understand, is that what if
the manufacturing for a product, I'm going to talk about a product first, and then we can talk
about a service. What if the manufacturing for a product is being done in another country?
So let's say that you're making cell phones. You make cell phones. So here's a cell phone.
And the place where you make these cell phones, these are made in... I'm not going to use China
because people hate trying to get rights in China, even though I obtain rights in China.
I'll use somebody else. Let's say Japan. Let's say these cell phones are created in Japan.
All right? So the manufacturing is done in Japan. You're located in the United States.
And your biggest market for sale is, let's say, Germany. So what does that mean? What do you do?
You're in the United States. Manufacturing is in Japan. And sales are hot in Germany.
Like, what do you do? It can be a little confusing, right? At that point, you're like,
does that mean I need to get legal rights in the United States and Germany and Japan?
Or does that mean I should just get legal rights where the sales are, which is Germany?
Or should I shut down the manufacturing in Japan by getting legal rights in Japan so nobody else
can manufacture in Japan? Right? These are the kind of questions you need to be asking as a
business owner. These are the questions, the things I've been walking you through.
These are the things that successful business owners are doing. This is why they're making so
much money that they're making. It's because they're asking these questions. They're getting
the answers to these questions. And so they're streamlining their systems. And they're not
wasting money pursuing rights in countries that don't matter. So in this situation,
if you're manufacturing in Japan and I shut down Japan, well, somebody is just going to make it in
China, right? Or if I shut down China, where are they going to go? Malaysia, Indonesia, right? Those
are other big markets. So there's a number of different markets. So if I was looking at trying
to stop somebody from making, using, or selling this product, then I would be looking at where
are the sales? That's one of the biggest things I'd be looking at. Where are the sales? If I can
shut down the sales, I don't care where you make the darn thing, you're never going to sell it.
So if you want to spend $100,000 making so many units, go for it. Hey, make it all you want,
but you can't sell it in my number one market, which is Germany, right? So I always tell people
the first area that you want to own rights is where the most sales are happening. That's why
I always look first. So you're
Trademark right your copyrights. I always look where are the sales go after the wallet the wallet think of the money
Show me the money like go after the money
Where's the money coming in the money's coming in from Germany? I look at Germany the money's coming in from the Philippines
I look at the Philippines
right
Because if I can shut down that market then I can be the only one selling in that market then no matter where it's getting
Manufactured nobody's ever gonna compete with me in that market
That's the first place. I go the second place. I look at is manufacturing, but only if I truly believe
that I'm in the best place for the manufacturing as an example microchip fabrication is
Not really great to do in a very humid environment
Right, it's it's not good. It's just it's not good for the the circuits
Heat and humidity are very bad for electronics
So for that reason I
Probably won't do manufacturing in Malaysia. And that's unless I know it's like in a sealed cooled area
Right because I don't want something bad to happen to my electronics
So if I know these things though, and I'm thinking to myself hold it
Somebody can do the microchip fabrication in China in Japan in Thailand and in Indonesia and possibly Malaysia
If I just shut down China, they're gonna jump ship and go over there
But I know all my sales are in Japan and in Germany. I shut down Germany
Do you see what I mean? This is how you think this is
These are the things that come into like an IP auditor. These are things you should know as a business owner
Don't just go protect everything
Willy-nilly, I don't even know where the term willy-nilly came from
The only willy-nilly I know is milly-vanilli
But milly-vanilli wasn't even milly-vanilli from what I found out so I don't even use the terminology at this point. So
All right, moving on Alicia. Let me go over to you Alicia
Okay, okay you're a mess
You're a good mess we take you um, I just had a quick question now I
Started with you yesterday. I said I have a website called I've had for 20-something years called gospel vocalist
and
Do I need to now I've been up since 318 wondering if I now need to
Change that to something else so I can trademark something. I don't know. Yeah, so I can't just to be clear
I can't give you legal advice here, right? So right, right, right, right. Let me drink with you
So I just I just want to make clear like I
Don't tell people what exactly they should do in the scenario because then I can be locked in as giving legal advice because I am
a lawyer right
But I can tell you I can talk about things that are if there's a situation where a term is considered to be merely descriptive
then
If the term is considered to be merely descriptive for the specific services
Right, so if I'm if I'm a florist and
What I do is I provide
Colorful bouquets, right and then I try to I try to get a trademark for colorful bouquets
I'm not gonna get it because that that's what I'm selling colorful bouquets
Right now I can't say in your specific scenario. It is descriptive or it's not
I can't say that because that would be considered legal advice
All I can say is that you need to determine whether or not it is and if it were considered to be descriptive
Then personally I would move away from anything that is considered descriptive because I could never own it
I mean Brenda came on see see the reason why Brenda signed up is because she knew Alicia
That you had a name that was good. And she said I heard Alicia got a good name and I'm gonna use that name
But I got way for her to reveal it
She's like, hmm
so for that reason
Anybody could use a name and you can never stop Brenda
Because it if it's if it's considered to be descriptive and I'm not saying yours is or is not what I'm saying
Is the first step step number one is the trademark descriptive you need to talk to a lawyer
You need to because they need to assess exactly how you're using it on
Exactly what services and then they tell you yes, it is or no, it's not and that's your answer and if it is honey
Move away from it now
Because all the all that incredible work that you do all that love that you put into your services
you're putting it into a name that you can't own and
that
It just doesn't make sense. I mean, why would why would you go buy a new kitchen paint the walls?
do renovation in the bathroom in a house that's not yours.
Yeah.
Man, that's good.
Make that into a video.
Like that, that's truth right there.
Yeah, because I would always think,
I said, there's a lot of gospel vocalist or whatever.
And I try to differentiate myself with what I offer, but.
Well, let me ask you this.
What are you doing for them?
Let's say you get gospel vocalists come in.
What are you doing for them?
What do they get out of your training?
Well, I haven't offered any training yet.
I have original music, you know,
that I record and sell on there.
I am writing a book that I'm gonna be offered.
And it might, the book will probably be on a different site.
I will be offering coaching.
So I'm thinking that if I keep gospel vocalists
and just keep the music on there, I don't know.
I don't know what I'm gonna do
and didn't have different sites for my other things.
I don't know.
So I would say for you, Alicia,
number one, the number one question for you,
like you gotta figure out if it's descriptive or not.
Yeah, I always felt that it was.
I just didn't know that term.
Yeah, and that is probably,
there's two major rejections for trademarks.
Number one is likelihood of confusion,
which we talked about yesterday.
That is when your name is so similar
to somebody else's name
that they feel the public's gonna be confused.
So they give you a rejection, right?
That's number one.
Number two is merely descriptive.
Yep.
That's a rejection that is used a lot
where the government basically says,
you know what, what you're doing is so descriptive.
Like, if I give you the rights to use that term,
nobody else can use that term for services that are similar.
And the government says, nah, you can't do that.
Again, I'm not, again, this is not legal advice.
I'm not telling you it is or it's not.
What I'm telling you is we are well hydrated this evening.
And number two.
Yes.
And number two is that,
you have, honey, you have to answer that question.
You need to answer that question.
That is your number one.
Before you pass go and take $200,
you need to answer that question.
Yeah, it's answered.
I've always felt it, but until I came into your challenge,
I didn't know the term for it and I sure appreciate it.
And with all this hydration, I will be taking a potty break.
Thank you.
That's awesome.
All right, this is gonna be the last question
for this evening.
Tomorrow, make, yeah, absolutely, Brenda.
We're going to you, our special guest of the evening.
And this is, everybody make sure you're there tomorrow.
A lot of the answers to your situations
will be there tomorrow.
You'll see, you'll see.
It'll be a very simple situation for you.
All right, Brenda, you're up.
Okay, I'm gonna go back to the copyright stuff.
We'll keep it simple, hopefully.
Okay, in the first hour that you taught us,
I just need some clarification.
Well, I'm an artist.
And so I am wondering about the website.
Did you say that we can copyright the entire website
or do we copyright pages of the website?
Or I take a specific page
that has all of my paintings on it
so people can see the kind of paintings I do.
You know, would I copyright that page?
And the other question, I was told,
and this could be wrong,
that if we create an art image, a painting, let's say,
it's automatically copywritten
without having to register it.
So all of that, I need clarification.
Let's answer the latter question first, right?
So one of the things I mentioned earlier today
is that you have certain rights on the copyright,
whether you file or not.
The mere fact that it is in a fixed, tangible medium
means that it is protectable, all right?
So what a fixed, tangible medium means is,
you know, you take a picture on your camera, right?
Ray, you just like my sound effects.
That's all it is.
So you take a picture, you know,
well, that right there is fixed
because it's now literally imprinted within a memory chip
that now has it stored within a memory
with all the DPIs and all this stuff like that, right?
So that's fixed.
So that is now a copyrightable work, right?
do a painting, like, so you're a painter, that's phenomenal,
right? So, I mean, Lynn Lesneski, she's also a painting,
right, a painter. So, second, you render a painting,
automatically have rights under copyright. Whether you file or
you don't file, you automatically have rights. But
when you do file, you have certain more powerful rights.
Because now you are guaranteed statutory damages. Now you can
take a formal federal document, send it to opposing counsel or
send it to somebody who is taking what you have and say,
look, I have legal rights. Here it is. Now, if you don't have a
formal federal registration certificate, what you're going
to be doing instead is saying, well, I started selling this
back then. And so you got to trust me that it's true. Here's
a here's a receipt of something that I did. It's so much easier
if you just take a federal registration and say, bam, like,
go away. It's so much more powerful. Okay, so that that's
the second question. Now, going back to the first question,
which is, do you file a copyright for the entire
website? Do you file a copyright for just, you know, certain
portions that are more important? Do you file a
copyright just for the page that has all the images on it? Yes.
Okay, well, I will I'll see all of you tomorrow. That was a
great session. Wonderful seeing all of you. God bless you all
take it. No, I'm just kidding. So um, but the answer is yes,
that I mean, that literally is the answer. Um, so and I'll
break it down for you more. If the website has like 30 pages on
it, you can file one copyright for 30 pages, if it has 400
pages on it, you can file one copyright for 400 pages, it's up
to you. Right. But if there are one of the things I mentioned is
that if there are certain pages that are very important, like,
you say, you know what, this is my secret sauce. But this right
here is just all the description I have here is really important.
I shouldn't have said secret sauce that's going to confuse
people. That's really a trade secret. So forget about that
part. Yeah.
Paintings, paintings, a page. Yeah, page with all my like
several my paintings. Okay, with all your paintings, right?
You can file one copyright application for that. But if I
were trying to protect my paintings, what I would do is
what I was actually going to close on anyway. So it is a
perfect. What's the word transition? Segway. Segway.
Thank you. See, when I hear the word Segway, I think of the
maker of the Segway because he actually lived down the street
from where I work. So it's a different thing. But I'm going
to show you guys something here.
Now we're all visualizing Peter on a Segway.
Oh my gosh. Yeah. Well, the founder, the creator of the
Segway, actually is the same gentleman who created first
robotics competition. And I used to represent them. Brilliant,
man. And so let me share my screen real fast. Share screen.
Here we go. I created this just for you guys, because I figured
you may have the question that you just asked. So thank you,
God, that we're on top of this. All right. Can everybody see the
screen? You can actually file for multiple images under one
application. Okay. So the question is, can you protect
multiple images on the one copyright registration? Yes, you
can is the answer. But here's the requirement to register a
claim to copyright in two or more photographs, you must
submit the following to the Copyright Office. Now this is
the same thing as like if you're doing paintings, multiple
paintings, they're they're both images, right? So you guys
submit a completed application for no problem. There's a non
refundable filing fee, no problem. A digital copy of each
photograph, no problem. And then this part here, a list providing
the title and file name assigned to each photograph.
Alright, those are all required. There's another part to this
that's required is that it needs to be the same artists. Same
artists. Why is that important? If Brenda created three of the
images, but then Ann Marie created two more images, and
you're trying to file all of them together, you can't. It
needs to be the same artists. If you're going to do one filing.
Okay. The copyright website is amazing for this. You can go on
there. And you can select images and you can actually look up
multiple
images at once and it gives you a video tutorial on how to do it. Very easy to use. Very easy to use.
All right, it's 9 30. Rhea, is your question like gonna make you have headaches all night?
Okay, cool. All right. So then we'll pick it up tomorrow. You'll be first tomorrow. Okay.
Well, it's a copyright question. It's real quick. It's a yes or no.
Okay, good. So I want to do what's the name of that that guy who did the Nate Johnny Carson?
The answer is no. Okay, go ahead. Ask the question.
Are my created sites that I create? Should I copyright them rather than my client copyright
them? Say that again. The sites that I create? Yes, I just created my first one. Okay. So should
I put the copyright? Should I apply for the copyright since most of it is my original work?
Except for you know, so all right, so somebody is a website creator. Yes. They're creating
websites for other people. The question is, should they put their own copyright notice
on the website? Man, this is oh, that's not a yes or no. No, no, it is. It is a yes or no.
It is but I I just there's this thing about me where I always have to give more. That's just
Ray knows I do this. I just always feel like I have to give more. So
I'm going to introduce to you a whole new business for you. Okay. Okay. All right. Check this out.
If you create the website for another person, right? And you charge what do you charge for a
website? Well, I learned from you that I was charging way less. Yep. So my first one was
actually my initial learning working website. So let's let's say it's Yeah, let's say you do a
website for three grand, right? Let's say it's low. Uh huh. Right? Yeah. If I sold a website for
three grand, I will put my copyright notice on it. If I want to assign all right title and interest
to everything that is on that website to another party, I would tell them you know what, I will
sell you the rights to this website, but it's going to cost you $1,500 more. Okay, gotcha. Now
I just created a premium market for you. Sweet. Oh, don't worry, it's on the replay. You now have
two market segments. Now you have your the people you do your stuff for, where they have to pay you
every single year for a license. When you're doing the and this is again, guys, this is all
stuff that we do in an audit. I did a sample of it. So I think I was very I think tonight I've
kind of answered way more questions than we usually do. And it's intentional because I want you to
understand tomorrow what we're going to be talking about. You have three markets. Yeah, your original
work that you do for people, people can purchase it, then what you should be doing is every single
year charging them a licensing fee, because that's your original work, right? And then what
you can do in that market is you can charge them to update, I'm going to review it, you can do some
modifications, some tweaking, will allow you to do two or three tweaks during the year. And that's
all included for an extra fee of $2,000, something like that, right? Another offer is, I will sell
you the website. But on top of selling you the website, I am also going to give you all right
title and interest to the website. So you can do whatever you want with the content and do
anything you want. That's going to charge, I'm going to charge you a premium for that.
Because I'm giving you the copyright. Otherwise, I own the copyright and you have to continue
licensing it from me every year. I just gave you three tiers for a business. Okay.
Bless you, hon. All right. Well, all of you have an amazing evening. I'm going to go hug my wife
and kids and eat dinner and then make sure you go live. Like I said, one thing that you felt was
important to you. It's always helpful for other people to see that because it's going to help
them a lot. Okay. And don't forget, be there tomorrow. There'll be a special guest there
tomorrow as well. And then on top of that, you're going to hear about something that is just going
to make things a lot easier for you. You'll see. Was this helpful tonight? Yeah. Awesome. All right.
Well, bless all of you. Have an incredible night. I will catch you guys tomorrow.