Yeah.
So I have my friend.
Oh, sorry. I was asking Ray is.
Cause I'm an artist. Right. So.
Yeah.
So is that helpful?
And do I need to be doing more than that with a lot of stuff right
now?
Yeah.
That's actually a really good question. So tomorrow.
I'll give you a preview of it now, but tomorrow.
I'm going to talk about the.
The potential of falling for multiple things in a single application.
Oh, okay.
I didn't, I didn't want to go into that.
I know.
You know, there's a way because people get really confused.
It's kind of like, let me talk to you a lot about.
About following multiple copyrights at once and people go, well,
what's the copyright.
I got to kind of let it lay down the foundation for it.
So, but yeah, there is a way you can follow what it called.
Like compilations or you can file multiple applications.
In one, but all of the senior case, it's okay.
But it's the same.
The same.
If you do one of those filings.
That every single one of those filings.
Has the same artists.
Right. Or the same creator.
Okay.
And if that's the case, then you can file.
There's a certain type of filing could do that has multiple different
works.
Like an entire body of work.
Yeah. Yeah. But there there's.
What I would suggest for you.
Cause I've seen your work.
If you have certain,
If you have certain pieces that you want to be more prominent or more
important.
Sure.
And others.
Yeah.
I would file those separate.
Right.
I would follow those.
I do have some that the prints I've been selling for like 15,
20 years and they, people still are buying the same.
It's like, those are the ones.
Five pieces.
Right.
Right. Those are the ones that.
That you wanted to like on my wall, I have.
Yeah.
Oh, did you really.
Yeah.
Awesome.
So.
That's that's actually a finger painting.
I know I've watched.
That just blows my mind that she could do a finger painting and that
type of detail.
But then like other ones are oil on canvas.
The one that we were not allowed to see that one. Are we.
No.
Yeah.
So that, that one.
That's the one I'm the most curious about.
Yeah.
When we hang out, I'll show it to you. Right.
Your husband come over, we hang out. Thank you guys.
You know, we'll do stuff and I'll show you the painting. Yeah.
Cause all I need her to go is like, nobody can access that.
It's like, okay, okay.
It's her work. So I don't want to play games with it.
But so what I would do is.
I don't know.
I hate to let, I hate to say something like this,
but the less important works.
I would follow those together, but then the ones that are.
Extremely valuable that people tend to want to.
Like that one there.
Yeah.
The bald ego with Jesus.
There are thousands.
And thousands of those, like that have been created.
People want that everywhere.
And so like she actually walked into.
A dentist's office.
Was it a dentist? I think she said it was a dentist's office.
She looked and one of her paintings were on the wall.
And she said to them.
Oh, wow. How did you get the painting? They said, oh, well,
we saw it on the internet.
So we took that picture and we brought it to the corner shop and we had
to turn it exactly.
And had it turned into like a two foot by three foot kind of big.
You know, canvas.
And so that's, that's how it came to be.
And how did it come to be?
I mean,
I don't remember ever upload images on the internet that you could print
like bigger than this.
And want to.
So, so when you look at that, that kind of situation.
As an artist, what are the kinds of things you should be doing?
As an artist, you want to, you can do a few things.
Number one, you can use low DPI.
When you upload anything on the internet.
I don't know.
I'll type it in a chat too.
Or actually can is.
Yeah.
Okay.
Everybody's working on something else right now.
That's cool.
Good. Okay.
Is that a website?
Low DPI.
No, no, no.
Low DPI is low dots per inch.
Right. So your.
Your image, your image has a certain.
A certain number of DPI dots.
Right.
Yeah.
High resolution has high DPI low resolution has.
before I upload it and I'll upload my low quality files.
Yeah.
Right, so number one you can do is not only use low DPI,
but then after you do the low DPI,
you can also put a, what's the word?
A watermark on the low DPI.
Okay.
So don't watermark your high resolution images.
Yeah.
Watermark your low DPI images,
because now the person who's trying to copy it,
first of all, they can't make it bigger,
because if they try to make it bigger,
they lose, the resolution becomes so low
that it's not usable, right?
Yes.
So you use a low DPI to upload,
and then on top of that, you watermark the low DPI
and embed it in the same layer if you can.
Don't make it a separate layer,
try to make it the same layer.
Yeah.
So now what happens is they gotta pull out the watermark,
and there is software to fix all this, by the way,
obviously, if they really wanna get it.
I've done it to other people's graphics.
Right, right.
There is software there that will, you know, that will-
I'm very good with Photoshop, I know, I can do that.
Yeah, yeah.
And so, but what I would do is I would, again, low DPI,
on top of that, I would watermark the low DPI,
not the high resolution image.
And then separate from that, when you're going to,
because I've seen your work,
I saw your work at the conference
that we were just at last weekend.
When your work is finished,
there are these things that they sell.
I've seen them on the internet,
I have to see if I can find it again,
because I had a number of artists ask me about it.
It's almost like a sock that has four corners,
and it hits the corners of your painting,
and it's a material,
so that people can't just take a picture of it
at the conference, right?
So if, because if you just have,
what are the issues as an artist
if you're hired to do your work,
and then that work is going to be auctioned off,
which happens quite often at these conferences,
then people will just go over and go,
oh, that's awesome, boom.
Now they've taken a picture
with one of the best cameras in the world,
high, high resolution,
and they can take that thing
and they can make it a background image,
they can put it on their website,
they can do anything they want, you can't control that.
So they sell these,
these like stretchable stocking type of things
that hit the two corners and the two corners,
and it's almost like,
so you can see the image,
but it's in between this black X.
So for somebody to just come over there and take a picture.
That sounds extreme.
That's what some people are doing.
Now it's not, and just to be clear,
it's not so big that you can't see the image.
It's just, it's just protecting it.
And Lynn Lineski, ask her,
like when you talk with her,
ask her about this,
because she's one of the people who has been hurt badly.
Well, she didn't,
the last couple of events that I saw her at,
she didn't have anything like that.
Yeah, what she did instead was she took like a sign
and she put it on the image and said,
you know, no picture taken.
Like she put that right on there.
Yeah, I stood guard for her actually,
by her painting at one point to make sure.
Exactly, I think Ray, let me see something.
Is Ray trying to get in?
Oh, Ray's trying to get in, hold on.
She just called me.
There we go, I just let her in.
Yeah, okay, well, that's good.
But so for stuff like that I produce at home,
but if I just, if I, at the very least,
if the first thing I do is take a digital photo on my phone,
so it has a timestamp,
like that's a good place to start, right?
No, it doesn't matter.
It doesn't really do anything.
I mean, it shows that you created it.
Yeah.
It does show that you created it, which is great.
Okay.
So, I mean, that's one benefit.
It does actually show that you created it,
it does tell the time that you created it.
So if somebody else creates an image,
you know, it does do a little bit for you, right?
So it is kind of like proof of creation.
And the beauty of pictures
is that when a picture is actually taken,
the copyright for that starts from the date of fixing.
So the second that the picture is taken,
the copyright office came out and said,
well, if you take a picture of something with a camera,
it is copyrightable immediately, right?
And you actually automatically have a copyright,
even though you don't file it with the copyright office yet,
you actually have a copyright under the federal rules.
So-
A camera, like as a camera photo or as a painting?
So the painting-
Both.
Okay.
Both, yeah.
But the second you paint-
Okay, but that's where the photo-
help back up my case that yes I did indeed create this on this date. Yeah so that's correct. Right
so if you took a picture of your painting then if somebody else comes out three years later
with the same painting you could say well here's a here's the digital date of the picture the
photograph I took of my painting. So you could definitely use that as evidence. Obviously the
best evidence is to file a copyright application because you know you've got a federal registration
you've got a filing date as well but by all means yeah if you do take a picture you now do have a
digitally recorded image it does have a time date stamped to it it also has certain metadata
associated with it to confirm the date of creation right and you can utilize that to
prove that that is when you started using it. Okay I think so then the only other sorry I don't
want to take up too much more time but so if I have then I have physical products that I create
with my artwork on them so it's actually something that we need to talk about in our meeting because
I just realized I need to be charging my company because I have business partner a licensing fee
for using my artwork. Now you get it. I know I'm like I anyhow when it was just me it didn't really
matter but now I have a business partner and but so then I take pictures like my photos
of the products to post online and so one of the things I've been noticing especially as I'm
outsourcing overseas and they do it all over India and all over China is I will see the same exact
product photo on everybody's websites for any way so right is there any way to protect my product
photos from them being stolen and used other yeah so there's um there's an individual Stephen Diaz
love him he runs this group called Rainmaker Family. I met them too. Yeah they're great people so
he sent me a number of people over who have run into problems in this area so as an example one
of them created a painting and then that painting they put on a I describe it it was it's like a
frame with a prayer right that's what they created and so what happened was some entity from Asia
just took that same image created it themselves and sold it for like seven dollars less than
the woman that created it and so she says she reached out to Stephen and Stephen sent her to me
and I asked her do you have a federal registration and she was smart she actually had
a federal registration for her original work so I said well all you need to do is file a complaint
with Amazon or within in this case it was eBay and give them the federal registration number
associated with your copyright when you do that and you file a complaint based on the other party
it'll not only pull their product but it'll also mark them as a copyright infringer going forward
and they did and the other party got shut down like literally their their products disappeared
and so that's the power of a copyright now if you just complain to them they'll do nothing
because they'll say well how do I know you created it first and they didn't I'm not willing to be in
the middle of the battle you're gonna have to prove that you have a copyright or a trademark
okay yeah well great stuff I mean you definitely you are rich you're rich with issues so um
yeah you'll definitely gain a lot damn I've been making a list and trying to actually itemize
like specific things and questions so that when we meet I'm ready this is one of the reasons why
I changed the format to let people know about the offer literally up front because then now that
they know yeah during the next few days they can actually do what you're doing like write down oh I
need that I need this I need that I need that oh I love that you did that because I'm about to launch
my own online thing and that's what I want the more I've been I'm like I just want to tell them
right up front this is what we're doing like I have lots of great information to share with you
in the meantime but right this is really like this is what I want to offer you anyway no I was so
grateful that you did that because um anyway yeah that's good all right so Kenya um when you
um or when you decide to join in what I'll do is I'll send you our preparation checklist right away
typically I wait to send it with a letter yeah I bought it already got in today great I will send
it to you actually I'll go send it to you now but it's going to help you organize what you want to
bring it's a good launching point awesome perfect so much thanks you guys thanks for so much time
absolutely absolutely questions now no problem let me go to Nadine Dr. Nadine James
Hi.
So Peter, I've been asking this question since the first night we started, but I was asking
in the chat.
And so my question has to do with, I have an idea, and I've had this idea for some time,
for about 10 years, and I sat on it, and I sat on it, but it has to do with AI and machine
learning.
Now, my background is in, well, actually, let me not get into that, but my background
is research, oncology, and long story short, I got this idea.
And so recently, something popped up on my computer where it was asking about, do you
have an idea?
Blah, blah, blah.
So I filled out the form, and I think it was two.
I'm sorry, I'm sorry, but I've seen these caveman things and all these sites.
Oh my gosh.
So go ahead.
I'm cringing as you're speaking right now.
I wasn't sure what to do or where to go in regards to fleshing out that idea.
And so I was approached by, I'm going to say a reputable company.
And so I initially met with the person who screens, and then I didn't give much details
when I submitted the online thing, and so he wanted to know, well, what is that about?
And so I initially met with him, and I gave him a little bit, and then eventually I met
with the VP of development or something of the sort.
And as I was meeting with them, I was giving them more.
So I'm speaking about the idea, right?
Actually, before that, I had signed a contract, and I think I had reached out to you to see
if you could help me look over this thing.
But the timing that they gave me, they're like, well, you know, you have to pay by this
time and be ready by X time.
So I didn't have enough window, and so I paid, and I started divulging this idea.
And they did a search, right?
And they found that there were some patterns that kind of had similarities.
And so long story short is they then sent me like a pre-development stuff.
And then next thing, they came back and said, well, oh, when they took it to the next level,
they were like, well, this idea is, I want to use exact words, speculative and litigatious.
Right?
They're saying it's, are they saying that it potentially infringes upon somebody else's
patent?
No, no, that's not what they're saying.
No, that's not what they're saying.
What are the words they used?
Speculative and litigatious, meaning that the idea have, there's like, oh, that would
be hard to do, blah, blah, blah.
But the patents that had products, similar products, there are not many on the market.
And I'm not even sure what to ask.
Well, the point of the matter is they gave me a pre-development portfolio, but it doesn't
include all of what I told them.
Okay.
Right?
So it just includes the little portion that I wrote when I initially applied online.
It just includes that little thing.
It doesn't talk about my description of everything.
And so I've been asking, could you provide me with my description, everything that I
told you, so I could see where exactly you're saying that this could be potentially litigatious
or speculative.
And to this day, I haven't gotten it.
So I just want to know, what is my right there in terms of, I don't know, copywriting or
yeah, I'm not sure what.
It's okay.
Let me walk.
All right.
So let me, I'll answer.
All right.
Let me start out here.
There's a lot of, you'll see online, a lot of programs are out there that'll say, hey,
you know, you.
got an invention and one of them actually has a caveman.
He has a tire that he's been chinking at, made out of rock, right?
And so he says, if you want to get your ideas protected, hire us.
In my experience.
When something sounds really, really, really, really good, meaning like,
oh, hire us and for under under a thousand dollars, you can have a patent done
like it's impossible to have a patent done with under a thousand dollars.
To do a patent search well cost over a thousand dollars.
Like it's just there. Just be careful, please.
Like if you're not sure about something, talk to somebody who knows
what they're doing in that field and ask them.
It may be that the deal is amazing.
And then that person should tell you, my gosh, that's incredible.
Take ten of them, you know.
But in this case, from what you're telling me.
When you if I sit down with somebody and I talk about my invention,
I want a non-disclosure, non-compete agreement in place.
That's the first thing that I want in place.
Well, they gave me an agreement, but it was more as I when I read through it,
it was more to me was more like protecting them.
And so when I of course.
Yeah, they're not going to give you an agreement to protect you.
They're going to give you an agreement to protect them.
That that's how they make money.
And so let's let's assume for for discussion purposes that.
I give a disclosure to another party, but I don't have an NDA in my name,
meaning that I don't have something that says, all right, other party,
that third party that I'm giving the information to,
you can't disclose it to anybody else.
You can't make that thing.
You can't even compete with me on that thing.
Then I've essentially just.
Given my idea to somebody and in hopes
that they're going to fulfill the requirements of doing a patent search
or determining if something is potentially protectable
and hope that they do not pursue it themselves.
That's a dangerous thing to do.
It's very dangerous to do.
So let's assume for purposes of discussion that they are good people.
Let's just assume they're good people and that they're not trying to steal anything
and they're not doing anything corrupt.
Let's assume that first.
I don't want to go the other route first. Let's just assume that.
So then now they come back and they say, hey,
well, you're what you're actually disclosing here is
the two things that they said actually don't go together like.
You use the word of litigators, I think you mean like litigious.
OK, whatever. OK, right, right.
So if that's the case, let's say this.
So just so you know, what the word litigious means
is that litigation will result from using that product.
OK, that's what litigious.
I don't know if this is OK.
All right. I guess that's what they said.
OK, sorry. Go ahead. Mm hmm. OK.
So. I should have preface
with this is not legal advice, so I could.
So I'll say it now.
This is not legal advice. Yes, I know. OK.
Oh, so what happens is that let me just see is Jennifer.
She is. OK, good.
I saw she was trying to get in earlier.
I want to make sure she got in.
My friend, Jennifer. Awesome. All right. So.
If somebody says to me, your technology is litigious,
what that means to me is that if I make this thing,
it will likely result in a lawsuit.
That's what litigious means.
OK, likely to have litigation.
That's not a good thing.
All right. But then separate from that.
They use another term, and I think you said it's speculative.
Yes, they said it's that was the first word.
It's speculative and.
It's just the two of them don't go well together.
So just to be clear, like if something is is litigious,
that means that when I create that thing, there's a high likelihood of being sued.
If something is speculative, that means that it hasn't been refined
to provide a final embodiment so that something can be implemented.
So by the very nature of the two words that are utilized, they don't make sense.
That's like me saying to you, oh, my gosh, you know,
like that person is alive and they're dead.
It's like, no, are they alive or are they dead?
Like they can't be both.
So how can something be speculative and be litigious?
It doesn't make sense.
And so that's why I had I asked several times
for a copy of what I divulged.
So I tell you when we were this is these were phone conversations.
We didn't have Zoom or anything like that because they were like
they had some issues with Zoom and blah, blah, blah.
So for protection purposes.
But to protect myself, I recorded those conversations, right, because they were, as I was speaking, they were writing or typing, whatever they were doing, I don't know what they were doing on their end.
And so I asked for a copy of what they wrote to see how it would, how what I said would be lethargic or speculative, right?
Basically, you're trying to figure out how did they make up their mind? How did they come up to this decision? What data did you use to get there?
Right. I wanted to see for myself because I'm a visual learner. So I wanted to see for myself what how did you translate what I was saying in your writing?
So if I could see it, I could say, well, no, that's not what I meant. This is this is. Yeah, that's right.
But I have not. But they haven't given you anything.
They only sent me the.
What about did you ask? Did they record it? Was it audio recorded or video recorded?
I don't know. I had requested to talk on Zoom and stuff, and I know they were recording.
They were writing it. I know they were writing as we were speaking, but I don't know if they were recording.
I recorded it. If they were recording, they had to tell you beforehand.
So because you can't record other parties without their consent, unless it's in a public forum.
Like if you're if I'm in a restaurant, I can ask you any question, record it because it's a public forum.
There's no expectation of privacy. But but if I'm in a private meeting with you one on one, that's why I tell everybody here, you're going to get the recordings.
Like I tell people right up front, there are recordings, so I can use them any way I want.
And so but in any case. So if I were in a situation where I sat down with somebody, I disclose my my technology.
There's no disclosure. There's no NDA non-compete in my benefit.
I disclose it over the party. They come over and say it's purely speculative and highly litigious,
meaning that there's a high chance that there's going to be litigation on this.
And then on top of that, there's a high risk of loss to you for creating this thing.
I think you asked that part. I didn't say that part.
Well, you said speculative. That's what speculative means. Oh, speculative means that there's a high risk of loss to you.
That's what the term means. So so if that's the case, then then what I would.
I would do like, you know, yeah, I'm in a situation where I want to see what your assessment was based on.
I think that's a fair question. What you asked. I mean, at the end of the day, my concern is if this thing was extremely high value, what exactly is going on with what I gave them?
That would be my biggest concern. You know, I mean, and there's really nothing there's nothing you can do.
I mean, under copyright law, you're protecting something that's fixed. So that's a writing or recording that is already done before you give it to them.
So, like, let's say you have a legal you have a written document that describes things and then you hand that to them.
If they grab that legal writing and they use that legal writing and creating something else, that could be called copyright infringement.
But if I'm having a conversation with somebody. That's that's the danger.
Yeah, but they're recording what I'm saying. So isn't it?
Yeah, but this goes towards Adelaine's question, which I'm sure which I'm going to get to in like one minute, which is if I'm doing a podcast, who has the legal rights to the recording?
It's the party who actually is doing the recording. That's who has the legal rights.
Right. So I'm a guest. So like right now, you're on my you're on my program. Right.
I have the legal rights to this recording. Right. Nobody here has a legal right to this recording except me.
So you you're having a meeting with them. If they're recording, they have the legal rights for the recording, not you, unless somewhere in the agreement as written, which is what I'm going to talk to Adelaine about.
You know, you get something in in the legal in the writings of the agreement, making it clear that I have certain legal rights to this.
Otherwise. No rights under copyright law, trademark doesn't apply because trademarks is like logos, slogans, wordmarks, nothing there.
This is the danger. And this is so just so we're clear, Nadine, this is why I'm doing this.
I have so many people come to me like weekly in situations like you're mentioning.
And I go, oh, my gosh, like if they knew about copyright and trademark and patents and they understand the statutory bars and.
how non-disclosures work, non-competes work,
why non-competes necessary.
If they get this, they won't get in a situation
where they lose or potentially lose something
that's highly valuable to them,
that's been bestowed upon them
where they're trying to be a good steward of that thing
and they lose it because they don't know these things.
Like who here has gone to law school for three years?
Anybody?
No.
I mean, who here has spent 20 plus years
studying intellectual property?
Anybody?
No.
Who would want to?
No, I'm just kidding.
But in any case, like that's a lot of work.
And so like if I wanted to learn more
about certain software, I talk to a software engineer.
If I wanna learn more about podcasting,
I talk to Adelaide, painting to Kenya.
Like there's different people that I talk to for things.
That's why I'm doing this,
to try to bring this awareness now
because there is no awareness.
This is how the world works.
What you're talking about
is literally what happens every day
and why these companies make thousands of dollars
and we can't do anything about it.
Like look at the original contract.
That's what you wanna do.
See if there's anything in the original contract.
But anytime that anybody here works
with a third party entity where you're revealing anything,
you need a non-disclosure, non-compete agreement.
Every single time.
There needs to be an NCA in your NDA.
FYI, you need an NCA in your NDA, A-O-K, that's the way.
Hey, hey, hey.
What is NCA?
No way.
What is NCA?
An NDA is a non-compete agreement.
So-
Oh, what is the NCA?
Non-compete agreement.
N-C-A, N as in Nancy, C as in Charlie, A as in Apple.
It's called a non-compete agreement, N-C-A.
So what an NCA does to an NDA,
an NDA basically is telling the other party,
an NDA, name, you know, D, dog, A, apple.
NDA is making sure that the other party
doesn't disclose what you say to another party.
NCA says that what I'm disclosing to you, you can't do.
You can't compete with me.
So the combination between an NDA and an NCA is powerful.
So if I'm gonna sit down in a meeting with somebody
who could potentially become a competitor
or potentially take what I'm teaching them
and build an entity, you know, to my demise,
like utilizing what I give them,
I want an NCA in the NDA so that they can't do that.
That's what that agreement does.
Now they're locked in under contractual obligation
not to violate that agreement.
And if they do, I can sue them under contract law.
Otherwise I can't do anything.
I'm in a situation where I disclose something
and they're just gonna say, so you told us, like.
Yeah, okay, so eight things found in terms of patent.
And so I wanna know, like moving on,
how could I, well, take it to someone else?
And I don't know.
Yeah, let me get to Adelaine
and let me take another question first
cause I've been going through this
for about 12 minutes or so.
So let me take another question first.
And then if nobody else has a question,
I could jump back in.
But this is a really good example of things that go well
in the foundations and IP thing.
How do you set up a business structure
to bring a new invention out
and keep in mind the three statutory bars,
the offer for sale bar, the publication bar,
the public use bar,
use a nondisclosure non-compete agreement in place
to make sure that you're highly successful,
get a licensing agreement in place
so that you can do things
without actually having to make something.
Like you don't always have to manufacture something.
You could just own the IP
and license it to another company
and make money off of that.
People make tons of money doing that,
just sitting back and making checks.
There's ways to do that.
And that's what we do in that the one-on-one time
where we can dig in in a lot of detail.
Ray, go ahead, my friend, what's up?
Okay, cause Peter won't sell.
You know, that's just not his MO.
I will, we actually do have an NDA
with an NC for our members.
So if you guys are interested in that, email me.
I'll drop my email here in the chat
and we can get you taken care of.
All right, so let me go over to Adelaine.
Adelaine, let me grab her.
Awesome.
Now I can see her.
I'm gonna lower her virtual hand.
I'm gonna answer her question.
Hey, what can I do for you, my friend?
Yeah, I got salt, so I'm here
and I still don't know what I'm doing here.
Cause I feel like everything I have is in such infancy
and I've been like really slow to, you know,
take action on my ideas.
So you answered the question about, you know,
the person who records owns.
the recording, is there a difference between something that is very, that where there's
only minor edits that have been done? Because in the podcasting space, there's some that
only slap on an intro and outer and push it out. And then there's some that are more,
I would consider them art, as in, you know, you've edited it in a way, you've edited for
compelling conversation, you've taken out certain things, you've made sure some things
are left in on purpose, you know, to create an emotion, so things like that. So is there
a difference between those things?
Yeah, so a few things that we want to consider under copyright law, number one, is every
created aspect that is added to a copyrightable work, we look to see if that added element
in and of itself becomes copyrightable, right? So let's say that there's a painting, the
Mona Lisa, and I add a hat to her, right? That hat that I added doesn't make the Mona
Lisa with the hat become like a new copyrightable work, it's just a derivative or a modification
of the original work. Now, if I change her face, so that like, she doesn't have a nose
or you know, or something like that, and I do something with her mouth, and I move it
in another way to make it look more like Picasso, that becomes like a new work that
is copyrightable. So let's bring it into the audio world. So now or the video world. Let's
go with let's go with video first. So if I'm working because video is more easy to to conceptualize.
So I've got an interview that I'm doing with you right now, right? And so this is being
recorded. And then Ray goes and she adds an intro and she adds an outro to that video
recording. The question is, is that that video with the intro and the outro in and of itself
like a new work, meaning it needs another copyright application file on it or not. If
what's being added is the intro and outro in and of itself is not something that's copyrightable
or has rise risen up to the level of being copyrightable, then I can just rely upon my
original copyright and not worry about the intro and the outro. Now, if if Ray decides
to have some creative genius, which he has all the time, and she throws in something
that is completely unique, then it may get to the level of being a new copyrightable
work because she added something that's copyrightable into it. And together, they may become a new
copyrightable work. So I might file a new copyright on the combination of them all.
But really, the question that you should be asking is, who owns rights to the original
work? If you own rights to the original work as the one who's doing the podcast, and then
you add an intro and an outro, who cares who owns it? You own it. Like at the end of day,
it's all yours. You see what I'm saying? And look, it's not legal advice. I'm just saying
this is why you should sit down in the foundation's IP thing and kind of like do your and again,
I'm not trying to everybody here should know I'm not trying to push this just to be clear,
like actually make more money just being a lawyer just so people know. But in your situation,
if you're trying to build a business that has podcasting, you're trying to create videos,
you're trying to turn that into something that's going to be online that you can sell
as well. You're going to create a series, you're going to have an entire catalog of
a lot of different things that are available. And you want the public to come in, you got
more issues. You've got licensing issues. You've got issues with regard to let's say
somebody comes in, they want to purchase one, you want to sell another one to them as well.
Should you sell it as like a single access to the whole platform? Should you sell it as
something that they can now incorporate into their own courses? You know, in which case,
as an example, Ohio State just reached out to me. They want me to create their IP curriculum
after they saw this training that I've been doing. So now I am actually creating an online
course for them that they're going to use within their university where students can obtain
college credit for that, right? But I still own the legal rights to that. So I'm not just
giving it to them. I'm giving them a license to it. I'm going to take that same material
and offer that potentially to other universities. And now what I could say is, oh, this university
actually has it as required curriculum. Now I'm telling like a hundred other universities,
blah, blah, blah. Now they're more likely to jump on board as well. So there's licensing issues.
There's also where am I uploading the materials? If you upload your stuff on the Facebook,
Facebook, I'm pretty sure you're not doing that. But as an example, Facebook in their terms and
conditions actually tells you that you give them a non-exclusive license to any.
thing that you upload. So that means if I upload my course onto
Facebook, they can now take it and do whatever they want with
it. And I can't stop them. So these are the kind of things
you got to look at. And when we sit down in that foundations and
IP analysis, we look at every single aspect of the business to
see what's right, what's wrong. But in your case, to go back to
this video thing in the podcast thing, you have audio you have
video, here's the original work. If if you're on my show, number
one, I should have a legal agreement that makes it very
clear to you that I own it. Like, it should be if anytime
you do a podcast, there should be a legal agreement for anybody
who signs up, it should be online, very easy to go to the
bottom and sign it, because 90% of people aren't going to read
it. I just hate to say that. But that's just what's going to
happen. So and one of those sections in that agreement should
make it very clear intellectual property, it should say
intellectual property. And under that section, it should go into
detail. So you know, as to who owns what, and what's
copyrightable, what's trademarkable, things like that.
So if you own that, and then you add whatever you want to it,
it's still yours. Right? So then the question becomes, well, from
the things that I'm adding, I got to make sure I'm adding
things that I'm allowed to add. So what do I mean by that?
Right? If you go into Canva, Canva has terms and conditions.
There's certain things that you can't just take the stuff that
is in Canva, and use it for commercial purposes, you have to
you have to fall within what they say you can do. Right. And
there's other sites that say the same thing, you you have to pay
a fee to obtain a legal right to use their material for commercial
purposes. And some of them actually go so far as to say, if
you don't continue paying that fee, you lose the right on the
commercial, the commercial license, which means that you
actually can't sell that product or that service using
their stuff without continuing to pay a monthly fee. So let me
make this a practical example. You you use ABC software, and on
AB software, it has a really cool intro, right? Really cool,
like music, great music, Ray's great at this, she finds this
really cool music, that's really cool graphic, and she throws it
at me. And I'm like, Where'd you find that? She's like, I've got
all these resources. So anyways, she finds this great thing. She
throws it like in the front. And I'm like, that's great. Let's
run with it. Well, there's a commercial license to use that
for commercial purposes. If you're selling that is
considered commercial purposes. So now it's it's in my video. So
now my videos are running. If that license agreement says that
you have to continue paying a monthly fee to be able to use
their resource for commercial purposes. The second I stopped
paying that subscription, I lose the legal rights to sell my
own videos. You see that? Yeah, because their content, which is
copyrightable, which I obtained a commercial license to is
actually in my video. So this is why it's vital to understand,
you know, terms and conditions and using this different stuff.
But your first question, again, is, do I own the original
podcast? Yes, I add an intro and outro. Is it mine? Yes, no
problem. Is it? Is it licensed from another party? Okay, what
are the terms and conditions? If it has a commercial license,
and I'm selling it, I'm fine, as long as I'm, it might be that I
have to continue making a subscription to the service so
I can sell, you just have to dig into that as a business owner.
And this is the kind of stuff that we dissected the nth degree
in the foundations and RP thing. Yeah.
Okay, can I also ask because I get all these random ideas for
things that I want to start. And they're not, I wouldn't call
them unique ideas. I call them inspired by different things.
And I had a previous coach who said, I think if you changed
something by I don't know what was like 10 or 20%, then you
know, then you can claim it as yours. So I don't know what
Yeah, if you know,
know that there's no such thing as change 10 20%. That that is
not true. I've, I've litigated in Texas, California, like
Connecticut, Massachusetts, New Hampshire, Florida, not once have
I ever heard a judge ever on any case ever say, Oh, well, that's
15%. It's okay. Like, there's no such thing. It always comes down
to the essence of the copyright. That's the language. That's the
statutory language was the essence of the copyright. So if
you take the Mona Lisa, you know, I like the Mona Lisa as an
example, because there's so much stuff in the background. So I'm
going to take Mona Lisa.
Yes.
tell your coach to come take Peter's training. Oh my gosh, I
don't want it.
No, it's a benefit to help.
I mean, just you know, in their defense, that's a common
mistake that people make. They say that all the time. So all
right, here's the Mona Lisa. Let me I'm going to share my screen
to kind of give a real example when I'm talking. All right,
that is the Mona Lisa, right? Let's see popped up. There it
is. Okay, that's the Mona Lisa. Now, if I go by that rule of Oh,
if you change it by 1020%, it's not infringement. If I change
the sky here, this this is probably more than 10%. If I
change the sky to be let's say the color red or purple, that's
changing it a good 10%. You're still going to get sued for
copyright infringement. I guarantee you why the essence of
this copyright is her face is her hands crossed over. That's
the essence of it. Okay, now, what if I just get rid of the
water here? I would argue that has nothing to do with the
essence of copyright. If I decide to make this green where
the water is, so it looks like I'm like a field. That's still
copyright infringement. All right. Actually, let me let me
rephrase that. Let me go deeper with this. If I change this to
be to be a field on here, I don't think that's the essence
of the copyright. So I'm going to take that back. And I'm going
to say if you if if you change, let's say you copied this
portion here, I wish I could draw a line here. Let's say you
actually grab the water here. Meaning the way that is painted
here, and you grab this water sequence, a little bit of water
here, a little bit of water there, a little bit of water
here. And you put that in your own painting. The question is,
is that copyright infringement of the Mona Lisa? I think
there's a low chance of you being sued for copyright
infringement. If you grab this portion of water right here.
Let's see, is it what is it doing? It's refreshing. Okay. If
you grab this portion of water here, and you throw it in your
painting, I think there's a very low chance of you being sued
for copyright infringement. Because it's not the essence of
the copyright. So it always comes down to what's the
essence. And then in the analysis, you have to figure out
what exactly is the essence. And so, you know, one person might
think the essence of what thing another person might think it's
another thing. It's it's not. It's not always as clear, clear
cut. So let me go over to Jennifer. Next. Let me answer
something for her. Jennifer at Penn. Jennifer's pinned. How are
you? Good. How are you? I'm doing well. I'm doing well. I've
really been enjoying everybody's questions. Oh, that's wonderful.
I'm glad to hear that. Let me um, let me see if I can get your
audio a little higher because your your audio is really low.
Does that help? It's a little higher. No, it's not Ray. It's
still really low for you to Yeah, it's pretty low. Yeah,
see, maybe there's some setting in my audio. There might be.
Yeah, I can hear you. But hopefully other people can hear
you as well. But go go right ahead.
Okay, so, um, my question is, is about systems and teaching
methods. How do you define a method? Is it copyrightable? How
do you lay that out? And
yeah, that's a really good question. This clip right here
is going to be really valuable for a lot of people. So if you
have your own training method, your own course, your own your
own way of doing something, and you want to protect that, there's
certain aspects of it that are particularly important. So if
aspects of it that are protectable. So let's say that
you have a course, course is easy, right? copyright, that's
definitely something that's protectable. An online course
videos protectable by copyright audios protectable by
copyright. But what about the materials that you hand out? The
materials that you hand out are protectable under copyright as
well. So your single sheets, your questionnaire sheets, your
your additional descriptions of things, if they're electronic,
in an ebook, or if they're physical, they're both
protectable under copyright. Your flowcharts, whenever you're
teaching people things, you often use flowcharts, you'll say
do this first, then do this, then do this, take this and
combine it with that to do this, and you get that result. That
flowchart, if it's, if it's an ornamental, not ornamental, if
it's, if it's an image, like a picture, like,
like the one that I showed all of you on day two
that I gave to everybody,
that picture, which essentially is a flow chart,
is protectable under copyright law,
also protectable under copyright law.
So there's multiple things when it comes to teaching
that are protectable under copyright law.
The other question is, well, what about the method?
Is the method protectable under patent law, right?
Because patents allow you to stop others
from making, using, selling,
or importing your technology or your method, right?
So if you could get a patent for a unique way of teaching
or a unique way of doing something,
then you could shut down the entire industry
from doing that thing, and they can't compete with you.
The unfortunate situation is that when it comes to teaching
or training methods,
your chances of getting patents are pretty low,
unless it's involving some kind of software,
some kind of technology that is being implemented
with the training.
So let's say that I have,
I'm teaching people on how to have more money
for retirement, right?
And in that training, I created a software program
that actually interacts with your bank
and does certain things with the money
and does certain calculations.
And it actually, using this software in this program
is gonna result in you having more money for retirement.
If it has unique functionality in it,
I might be able to file a patent for that functionality,
which is part of my teaching
because it's using a software package
that may be protectable.
That's part of my teaching.
So there are, copyright tends to be
one of the biggest things,
but then finally, the next part is, well, trademarks.
What's it called?
What's the course called?
What's the logo that's utilized on all the materials?
Those are all protectable under trademarks.
Go ahead, I saw your hand go up.
Oh, Vicky was leaving.
I was waving goodbye.
Oh, okay, gotcha, gotcha.
Bye, Vicky.
So if somebody takes your infographic
showing your flow chart
and they just sort of keep,
they just reorganize it,
is it the same concept or is it the idea,
the flow of the process that's important?
Yeah, it's a good question.
So copyright protects not the functionality,
not the concept.
It protects the embodiment that's fixed.
That means the image, all right?
So if you have five steps in your process
and they're shown in an image,
you do not own the functionality
of the process through copyright.
You own the picture showing the boxes,
showing the words inside
with the different colors that are used.
That's what you own.
So let's say somebody moves box number two
in the position of box number four
and they swap those two.
Is that copyright infringement?
It might be.
I mean, it might be considered
to be a derivative of the original work,
like a slight modification of the original work,
in which case you're enforcing
your legal rights to the image,
not the functionality though.
The only way you can protect functionality
in intellectual property law is either a patent,
which allows you to stop others
from making, using, selling, or importing the functionality
or the system method apparatus,
or trade secret on the trade.
What did I miss?
I missed something.
It's just the way you rattled it off.
You're like, oh, la, la, la, la, la.
Yeah, I'll go slower.
So I've had a lot of-
No, I can tell you've said it a lot of times in your life.
Oh, I've taught thousands.
Yes, I've done it for a while.
Yeah, so trade secret,
the way trade secrets work is
you have to maintain that thing as confidential,
meaning nobody has access to it.
It's on a single computer
that's not connected to the local area network.
It's not on the internet.
Please, it's not saved in the cloud.
You can't hold a trademark by putting things in the cloud.
Those things don't work together.
So as someone who's doing a training or a teaching,
your copyright is gonna be your best friend,
but if you're trying to protect that functionality,
only thing that's available are really patents
and trade secrets.
And if you're teaching people the thing by its very nature,
you can't get a trade secret
because you're teaching people it.
So it's already publicly known.
So that just leaves you with patents.
Right, they give me the idea,
I put it in my opaque box
and then the solution pops out.
There we go.
Yeah. Yeah, exactly.
So it's a little tricky to obtain the legal rights when you're a teacher,
but I've taught a lot of people in the foundations and IP package about the teaching part,
and the thing that always comes out,
I'll say 90 percent of the time is copyrights.
That's usually the area.
Then we start to get really creative with audio and video
and other things that you can do with your materials.
I mean, you could actually get copyrights on your e-mails,
like your format of them.
So there's different things you can do.
Yeah.
Yeah. I'm just wondering because in the field that I'm going into,
because I'm currently in photography,
there are a lot of industry standards,
and so it sounds like it's a pretty open field for me to
re-explain in my own words and my own process using a framework that's established,
but I'm re-imagining it.
Yeah. So you got to think of other things,
like if you're taking somebody else's framework and you're incorporating it in,
are you going to take their images?
Are you going to take their descriptions?
What exactly are you incorporating into your thing?
So I would look into all those things,
and copyright is one of the biggest things that's going to be,
you know, your friend or enemy, basically.
Okay.
So let me go over to Kenya. Hopefully, that helps.
No, that really helps. Thank you.
Sure. It's your thing.
To Kenya.
Boom.
Here we are.
Hello.
Hopefully, sorry, this will be quick, I think.
I was looking over my list,
and the service providers,
I just, third-party service providers,
what does that include?
I mean, like I have online shops on Shopify,
would they be considered a third-party service provider?
Shopify would be third-party.
Okay. And what about like PayPal or Square or places I take money?
Those are third-parties for financial transactions, though.
If you're dealing with things that are,
yeah, if you're dealing with things for like paintings,
and are you looking at the checklist for the meeting?
Yeah.
Yeah. So I don't care about PayPal and Stripe.
That's just financial transaction.
It really has no effect on your personal IP.
It has no effect on it at all.
So what would be other, I mean, like even Facebook,
would that be considered a third-party service provider?
If you're putting your stuff on Facebook, that's one.
If you're using Zoom, that's another thing.
Okay.
I don't know if you knew about this,
but Zoom decided at one point in June,
I think it is, they came out with an announcement saying
they were going to take all of the recordings that people create
and train their internal database,
their internal engine on how to provide good results
to people in transcriptions and other things like that,
using our content.
They came out and said that.
And then two days later, somebody caught wind of this
and it got onto what's now called X, I guess.
It used to be Twitter.
And it went viral.
Like people just went crazy.
And so they reached out to Zoom and said,
hold it, I'm having confidential meetings
with my clients on your platform.
And you're telling me that you're going to take
the video recording of my confidential meeting
and utilize that to train your internal engine?
I don't think so.
That's not happening.
And so it went, people went crazy about that.
And then finally Zoom came out and said,
okay, no, we're not going to do that.
And they stopped.
So why do I mention that?
Yeah, if there's certain platforms that you're using
for your products, wherever you're putting them,
your paintings or where you're selling,
it's good to raise those up.
Okay, sorry.
I probably would have waited other than I was curious
and I thought might be helpful for other people.
No, I think that list that you just received,
what I've found over many years are those are the things
that will most likely dictate the direction of guidance
that you receive.
So that's why I, are there eight or nine, right?
So there-
I don't remember.
That was number six.
So it's-
I believe there's seven.
Is it seven total?
I think so.
Eight or nine.
There may be another one I needed to add.
I will tell you right now, actually.
It's seven.
It's seven?
Yeah.
Okay, yeah.
Yeah, so I have to take a look at it again
and see if there was something I needed to add to that.
But yeah, that list will help.
It'll help you a lot.
Okay.
Yeah, no, I just was curious what a third-party provider,
like what that encompassed, so.
Right, so that's everything
from your domain name provider
to the people who created the websites.
That was on my-
You know, whoever is storing your-
Material things like that just and the reason why I raised that up is because then in our in our conversations if I know
Go daddy was hired to create the website and go daddy came up with the domain name the very next thing
I'm gonna be thinking is okay. That means you're licensing this thing month or year after year after year
Versus you own it, right?
And so now if you're thinking of potentially going after a trademark that's similar to the domain name
There's certain things that we need to look at so
The name cheap for domains so you just get a one-time fee with them
well
You can purchase it per year or you can do it in five-year blocks. Okay, so that part of you want that parts
The same as go go daddy. Oh, yeah. Yeah, it's my domain through go. Daddy is fine
They don't but I know just as long as I don't have anything built by them, correct
Yeah, and even having things built by them is okay just realize that in some of their agreements they own the license
Yeah, and so once you stop working with them, you have to either buy it outright or you can lose rights to whatever
You know you purchase from them. Okay, and then but then there's other agreements like I've done with go daddy. Go daddy is not bad
I've used them on different things. It's just you need to know what you're getting into. So we talk about stuff like that as well
Okay, awesome, thank you, you're so welcome. All right last question for today today's been questions and answers
Like just pure Q&A. Let me see. I will go back to Adelaide
Better spotlighted already. Okay. Thank you. Yes. No stop hitting people
Shall I speak
Okay, um
So, I don't even know whether my ideas are worth
Copywriting if they're just inspired by you know, so for example an idea that I had was to add
you know how people have websites and they have all these tabs on the top and
Some people have podcasts so they'll have a tab. That's podcast
but for people who don't have entrepreneurs who don't have the bandwidth or the energy to run a podcast I
Had this idea for to help them create just a short series of audio stories or interviews
So they can have you know
And I thought maybe I didn't just call it just add audio or something or other that they can add to their website
So just that one off but at least people get a different
Way of engaging with that. It's it's it's enhancing a different sense. Yeah
So it's not that like not too different from you know, someone adding a podcast and sticking an additional tab up there
But I guess I have not really seen anybody have this specific idea
I just don't know whether it's actually worth, you know, it's something that's so easy to copy as well
Um, I don't know whether it's actually worth copywriting
Yes, so that wouldn't be that wouldn't be copyright a bull I mean adding
If there's a website and
On the top of the website there used to be an area with a drop-down for podcasts and I change it over to audio
That's not a copywritable thing
That's just you know, it's a new feature. The question is is adding that new feature
potentially patentable and
not legal advice, but
In my just kind of
Looking at is
Adding a feature of audio instead of video in and of itself
Patentable, I wouldn't think so
you know for for potentially owning so I
Would I wouldn't spend a lot of time and now let's let's say that there's a unique way that you provide the audio though
Like there's something that you're doing that's different from others that unique thing may be patentable
But just allowing somebody to listen to audio instead of watch a video
You know that in and of itself doesn't seem like oh my gosh. Yes patent
Because the the avail the ability to listen to audio on websites already exists
That's not a new thing. Now the ability now for a specific audio. This is actually a good point. We'll close on this
Providing specific functionality
to someone
In a field that where it has not been provided before. So what do I mean by that?
Let's say this concept of providing audio
On the on the site is is unique in this area like nobody's done that before
but we know that
But we know that
The idea of having a website where you can select from audio and play different audios already exists. That's not new
It's just that these people, let's say that it's for doctors, and there's no doctor site
where people can listen to audios in their car, that just doesn't happen, is the fact
that I'm taking a technology that already exists and I'm making it available in a field
where it's not really used, does that make it patentable?
No.
That in and of itself doesn't make it patentable.
Does it become copyrightable?
No, because for something to be copyrightable, it needs to be new.
The new audio that's created is copyrightable, like the podcasts are copyrightable, the audio
recordings are copyrightable, but just the fact that I'm using audio instead of video,
not copyrightable.
What about trademarks?
With trademarks, when I do an analysis, I look at this and I say, well, is there a new
logo for what I'm doing?
Is there a new name for what I'm doing?
That might be protectable, but in and of itself, copyrights are supposed to be an identification
of a source of goods or services, meaning you see that name and that's what you want
to go to.
You see the name Spotify, I want to go to Spotify because I know I have many different
choices of music to listen to, but that's not protecting the functionality of providing
audio on a site that typically would have video.
Does that make sense?
Yeah, so I guess in my case, just be happy just to do it as a service and be happy with
the fact that someone else will probably copy it.
Well, again, it depends on how you're implementing, right?
We're talking theoretically and all we've really said is instead of doing videos or
showing audio, there may be a way that you do it that's unique, that might potentially
be protectable.
I just don't have enough information to be able to tell you that and that's not what
you do here.
We don't go disclosing this stuff here.
There's other people here, so we don't do that here.
Okay?
Okay, thank you.
All right, my friends, well, this was a huge Q&A session, which is awesome.
Hopefully that was helpful for people.
I know there's some people that didn't ask questions during this session, but tomorrow
it's going to be more like training, teaching, which I'll be doing during that time.
And oh, there's a bunch of messages here.
What are all these messages?
Rae, are you pinging me?
I was pinging you and telling you to stop pinning people.
Oh.
I was spotlighting people and then you would pin them and it would take them off and make
them, it rotates between you and them and then I would have to go back and re-spotlight
you and then re-pin.
And it's going to be a disaster on the replay.
That's hilarious.
It'll look like I'm juggling both spotlights.
Are they going to go like this?
Yep.
Oh, that's hilarious.
I love it.
That's hilarious.
All right.
Awesome.
Well, thank you for doing that.
I appreciate you doing that instead of Larissa.
That's great.
All right.
All right, my friends.
Well, I'm going to let you all go.
I hope you have a wonderful evening.
Tomorrow is day four.
We're going to do copyrights part two.
It's going to go deeper into more difficult concepts.
Like fair use is a very difficult concept to understand.
So I'm going to take it very slowly so people can understand that.
And I'm probably going to release, no, I think maybe I'm going to release a video
tomorrow.
I don't know.
Okay.
So I'm going to take it very slowly so people can understand that.
And I'm probably going to release, no, I think maybe on day five I'll release a scenario
for people to look at to see.
This way you can determine whether you've learned things or not.
I have a real life scenario that will go through one by one, and each line you can figure out
what's the area of IP that pertains to that one line.
So you can see how you've actually become idea protectors.
How you've actually now understand certain things.
You may not understand things 100%, but you understand them enough to identify them now.
So now it just becomes a matter of getting better and better at it.
And so that's why we provide all the things that we do.
So with that, I wish you a wonderful evening and I'll see all of you tomorrow.
All right.
Take care.
Bless you guys.