WEBVTT

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Welcome everybody to day two. Day two of VIP. So we've covered a lot already. We've had

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copyrights for two days. We're going to be jumping into trademarks. I wanted to cover

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a little more here on subject matter for copyrights, because you guys are actually implementing

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things and most of the people that are in VIP actually have live situations. And so

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they want to kind of give an assessment of how, how do I deal with something in my specific

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scenario? Now I've got a bunch of different emails from a few of you. And so what, one

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of the things that you guys get that others don't is that you actually get to email me.

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You can email at support at elite-challenges.com. And I can go through some of your questions

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live. And so I saw a few different ones. One of them we're going to be covering in on trademark

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day, which is tomorrow. So we'll address that then. Another one was somebody who was a business

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coach had a lot of questions with regard to what do they do about the content that

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they have to stop people from stealing their content. And let's see, there's another one.

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Here we go. All right. This is what I want to get into now. So there's a question by

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an individual who's in this group who is an artist. And what her question is, is how do

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you actually stop others from stealing your work on the internet? Okay. So let me ask

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this. I'm just going to put it on gallery view real quick. All right. So how many people

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here are artists just by a show of hands? Actually, we got to do so. Okay. We've got

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a few. I can't for the people that are just showing their names. I can't tell. All right,

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there we go. You get that. So we've got a few. All right. So here's the issue. Here's

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the issue. So Natalie is obviously, because it was Natalie's question. So yeah, you can

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unmute.

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Hi, Peter, everyone. I'm an artist and I'm a clothing designer.

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That's phenomenal. Yeah. Anita is a clothing designer as well.

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That's what I realized. I was so excited that she had those questions that she had because

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it really helped me.

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Absolutely. And it's interesting because one of the biggest issues right now, and I don't

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mean to make the entire Protector Idea Challenge focused on AI because it's not. It's just

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the beginning of it is heavy AI because a lot of copyright issues are hitting. They're

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big AI issues as well. So I gave all of you an extra perk by throwing that in as well.

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I kind of squeezed extra material in from what I would normally add. And Keith was amazing.

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Keith was just amazing today. So that's just that is invaluable because he doesn't do that.

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He doesn't just show up and answer questions. So we were very blessed by that. But so here's

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the question. The question is, if I am an artist, like, let's say I'm doing paintings.

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I've got a painting, right? Let's see. I've got one over here. Let me see if I can get

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you guys to see it. There's one painting there. That's an original work by Lynn Linesky.

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There's another one over here. That's actually a Lynn Linesky. That's her original painting

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there. There's a bunch of there's another a number of prophetic art pieces in my office.

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Let's put it that way. There's a lot of them. And so let's say that original artist says,

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well, hold it. I want to sell my work. Like, I want to sell my work to the public.

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How do I sell my work and make sure that somebody doesn't just go online, right click the image,

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click Save As, save it onto their hard drive, then put it onto a thumbnail, go to the local

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camera shop, and then ask them, hey, take this image here and turn this into a, you know, a

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two foot image to put on my wall, a two foot photograph essentially to put on my wall.

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How do I stop that? So let me give you some ideas. I've actually coached a number of artists

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in this specific area. So I'm going to give you a number of the things that I tell these artists,

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and you can apply it to your own businesses. Number one,

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If you do artwork in a public forum, meaning that you get hired to do a painting in a conference, or you're creating the work when there's others around you, and that work then becomes available for auction, or for purchasing immediately.

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You need to bring with you something to protect that work. Okay.

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Now, there I saw once before I'll see if I can find it.

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It was almost like this double x sided sock thing that you can put on the edges, this way, and on the edges that way. And it's a gigantic x, but it doesn't damage the work at all.

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People can get the idea of your created work, but they can't just take a photocopy of it because it's got a gigantic cloth x right in the middle of it.

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So that's one thing I would look at investing in if you're doing things in a public forum, okay, is you bring one of those with you and you literally all you do is you stretch it boom, boom, it's covering the whole thing.

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What I've seen some artists do, I'm starting out with the simple stuff, then I'm getting more technical. What I've seen some artists do is they also will take like a sign that says do not photocopy, and they'll put it smack on the front of the painting.

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I don't like that for a number of reasons. Number one, it can damage the work.

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Number two, what does everybody do?

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They move the sign and they take the picture. All right, that's what they all do.

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They literally will move the sign, take the picture, then put the sign back. The sign that literally says don't take a picture.

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It kind of blows my mind. They'll do whatever they want.

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All right, so that's at a simple level if you're in a public forum, but what about the digital works?

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This is what I would do.

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If you are selling your work and you want people to get an idea of what your work looks like, then what I would do is I would take a very low resolution version of your work, low DPI, low dots per inch, very low, so that it's enough for you to get an idea of what the image is, but it's not a high enough resolution that anybody who tried to create a larger work out of it, they'll have zero success.

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Because it's just too low of a resolution to actually render something that is usable.

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Okay, so that's the second thing I would do.

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Now, the third thing I would do is I would take that low resolution image and I would literally watermark it.

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What some people do is they'll watermark something.

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I hate to tell you this, but there are software programs that will remove a watermark like that very easily.

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All it does is it gets rid of the layering.

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That's all it does.

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And then boom, the first layer comes off.

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Oh, watermark's gone. Very simple.

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And they go and print off the other thing.

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But if you do a low res and then you watermark the low res, there's a way to actually make that low res watermark part of the original layer.

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If you can do that, then it's going to be so difficult to create something that is usable out of your final work.

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It's going to be so hard that people are just not going to bother.

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But at the same time, they still get an idea of how to use it.

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Now, that's three things, right?

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So we've got low, or is it two?

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Two. Low resolution.

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We've got watermarking.

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That's two.

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Third thing you're going to do is you're going to put your copyright notice on your low resolution watermarked image.

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You're going to put a copyright notice on it as well.

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Okay.

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Oh, David, that's exactly right.

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Yeah.

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Then flatten the image and save the image and use this as your upload file.

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Exactly.

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That's exactly right.

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Yes.

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So these are multiple things you need.

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And you need to do this as an artist because your entire revenue stream is based upon what you create.

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Like it's your work that's created.

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So because of that, it's really important that you go low res, watermark, flatten.

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You can, on top of that, put your copyright notice.

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And then wherever you, if you're creating, let's say, as an example, a YouTube channel, and on the YouTube channel, you're talking about your work.

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Or if you have a, let's say, a funnel or a website that has all your work, you should have a disclaimer, like a copyright notice, right there.

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It should be literally right there so that everybody can see it.

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Everybody knows, anytime that they're working

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with any of your artistic works,

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they know it's protected in the copyright law, okay?

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Those are four things you should be doing as an artist.

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Now, is it a lot of work?

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Yeah, it can be.

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It can be.

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It can be a lot of work to turn things into low res

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and watermark and flatten

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and put your copyright notice on.

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It could be a lot of work,

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especially if you're doing,

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especially if what you did was

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you just did the Protect Your Idea Challenge,

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you realized you had certain legal rights

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under copyright law,

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now you gotta go back and mark everything you have.

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Like that, that can be difficult, all right?

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So if that's the case, you're going backwards,

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which I gotta tell you, year after year,

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well, not year after year,

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but month after month when we've run this challenge,

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people typically panic after day one.

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Like day one, day two, they start panicking

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because they go, oh my gosh, I haven't marked anything.

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I haven't like protected anything.

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There's all these things.

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I can't protect 30 things at once.

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So here's me guiding you on this.

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Don't worry.

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The only difference between today and yesterday

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is that now you have more knowledge.

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That's all.

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That's the difference.

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So now you have more knowledge.

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You just apply it and you figure out

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which things to protect first, second, third.

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You just kind of walk through that, guys,

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and it's not that difficult

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if you take it like that, step by step, okay?

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Don't get overwhelmed.

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No reason to get overwhelmed.

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I'm gonna show you guys the copyright website.

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We kind of touch base on this real fast.

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Let's see.

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All right, so if you go to,

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all right, let me share the site here with everybody.

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Let me close this.

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Here we go.

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All right, this is a copyright site.

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Let me close everything else up.

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I wanted to show you guys

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I wanted to show you guys

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the artificial intelligence portion,

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just in case you're trying to get to it.

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Right down here, you see quick links.

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Just click on Copyright and Artificial Intelligence,

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and there's a whole mess of content here,

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whole mess of content.

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You can watch prior videos.

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You can do all sorts of different stuff with it, okay?

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So that's there,

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but letting go of artificial intelligence for the moment.

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Let's say you have something like a book

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and you want to protect your book.

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Just go to Registration, go down to Literary Work,

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click on that.

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Now, there's different ways that you can protect it.

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I would just literally go through the tutorial.

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Standard Application Tutorial.

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You click on that.

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It tells you every single step for following the work.

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If you already know how to file it,

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all you have to do is click on

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Register a Literary Work over here,

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and then it's gonna ask for your registration information.

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Your user ID and password.

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Everybody is going to have to create a user ID and password

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if you're gonna file for legal rights.

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You have to use this site,

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and so you have to create your own username or password.

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It's right down here.

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If you're a new user, click here to register.

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You click on that,

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and then you fill out all the information.

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So I'm just gonna show you a real simple,

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Anthony, let's say,

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Niavas, let's say,

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funguyatarmel.com.

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User ID, you create your own user ID.

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Let's just say FIRST Robotics.

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That's actually a company.

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Actually, let me just call it FIRST.

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FIRST, and then password.

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What is this?

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User ID needs to be at least six characters in length.

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He tries again.

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All right, FIRST1.

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Okay, okay, okay.

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I won't let you get back in.

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He broke it.

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Anyways, you have to go through that registration process

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after you click on Register a Literary Work.

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I already have my own username and password,

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but each one of you have to create that.

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Then you just enter this,

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and it takes you right to the forms.

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It's really, really straightforward.

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If you're not sure how to do that,

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all you have to do is click on Standard Application,

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watch the video.

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Really straightforward to use.

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There's a short form TX.

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There's a form TX.

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There's a short form TX.

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Most of you guys will probably fill out this form TX.

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You can access it all right from that same button.

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Very straightforward process.

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Now, if you're going to do some other kinds of works,

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they should all be in here, like visual arts.

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Like if you're doing any of your like paintings,

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any of your computer graphic works, things like that,

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you've got things that are fall under visual arts.

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And then separate from that,

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here's where people get, have trouble.

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They're trying to figure out, do I put NFTs

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or do I put digital work under visual arts?

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So actually it doesn't belong on the visual arts.

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It belongs under,

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there's a separate category called digital content.

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And so you can use the digital content button

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and use that as well.

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If you're not sure if it's covered or not,

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again, just watch the video.

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Video is very straightforward, okay?

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If you still have questions

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after you've gone through the video

235
00:16:13.560 --> 00:16:16.040
and you go through the audit and you're in our network,

236
00:16:16.040 --> 00:16:18.640
you can ask questions anytime we'll walk you through it,

237
00:16:18.640 --> 00:16:20.440
how to actually do an actual filing.

238
00:16:21.860 --> 00:16:23.800
All right, so I just wanted to kind of show you that

239
00:16:23.840 --> 00:16:26.120
because it's kind of straightforward.

240
00:16:27.760 --> 00:16:28.660
Hold on a second.

241
00:16:36.220 --> 00:16:38.560
All right, I just got a question from Richard.

242
00:16:38.560 --> 00:16:41.480
Richard, you're out there in Hawaii.

243
00:16:41.480 --> 00:16:43.240
How are you, brother?

244
00:16:43.240 --> 00:16:44.520
You're looking good out there.

245
00:16:44.520 --> 00:16:47.340
Let me unmute you, unmute.

246
00:16:47.340 --> 00:16:48.360
How are you?

247
00:16:48.360 --> 00:16:50.680
Hey, no, it's Florida.

248
00:16:50.680 --> 00:16:53.080
Oh, Florida, okay, that works, that works too.

249
00:16:53.360 --> 00:16:54.200
It's Florida?

250
00:16:54.200 --> 00:16:55.480
Yeah, it's just a virtual background.

251
00:16:55.480 --> 00:17:00.080
So I'm just, you know, I wrote to you and Ray about this,

252
00:17:00.080 --> 00:17:03.640
that, you know, it's like, this stuff's like calculus to me.

253
00:17:03.640 --> 00:17:04.760
Oh, no problem, no problem.

254
00:17:04.760 --> 00:17:05.599
Let's take a look.

255
00:17:05.599 --> 00:17:08.160
So, you know, so I know I've messed this up because-

256
00:17:08.160 --> 00:17:09.560
That's okay.

257
00:17:09.560 --> 00:17:11.359
I'm not that far into it.

258
00:17:11.359 --> 00:17:14.619
So I guess I have to go back based on what I wrote there.

259
00:17:14.619 --> 00:17:16.980
You know, I have a financial planning business,

260
00:17:16.980 --> 00:17:17.920
which I got to deal with,

261
00:17:17.920 --> 00:17:20.839
but I just opened this bookkeeping business as well.

262
00:17:20.839 --> 00:17:21.680
Okay.

263
00:17:22.079 --> 00:17:27.079
I didn't see the name there when I went to the USPTO

264
00:17:27.680 --> 00:17:29.640
or whatever the name of that is.

265
00:17:29.640 --> 00:17:33.360
And it wasn't there in a Florida division of corporation.

266
00:17:33.360 --> 00:17:37.120
So I registered it in Florida as an LLC,

267
00:17:37.120 --> 00:17:41.520
but I didn't do anything with these other sites

268
00:17:41.520 --> 00:17:43.860
to, you know, copyright it,

269
00:17:43.860 --> 00:17:48.860
see if the domain name was available or anything.

270
00:17:49.400 --> 00:17:50.880
And I'm not that far into it.

271
00:17:50.880 --> 00:17:54.680
So, you know, I can, you know, I can change things.

272
00:17:54.680 --> 00:17:56.400
So I guess I got to go back, right?

273
00:17:56.400 --> 00:17:57.240
That's good.

274
00:17:57.240 --> 00:17:58.080
No, that's good.

275
00:17:58.080 --> 00:17:58.900
That's good.

276
00:17:58.900 --> 00:17:59.740
And it's good that you raised it.

277
00:17:59.740 --> 00:18:01.760
So what you're talking about is trademarks,

278
00:18:01.760 --> 00:18:03.560
which we're going to go into tomorrow,

279
00:18:03.560 --> 00:18:05.920
but I'll answer your question today anyway.

280
00:18:05.920 --> 00:18:10.400
So the, so if you've got a,

281
00:18:10.400 --> 00:18:11.480
you've got a new company

282
00:18:11.480 --> 00:18:13.160
and you go into the secretary of state site

283
00:18:13.160 --> 00:18:15.040
and you actually register the name,

284
00:18:15.040 --> 00:18:18.100
the business name with the state,

285
00:18:18.100 --> 00:18:22.500
so everybody understands that is not a trademark.

286
00:18:22.500 --> 00:18:24.300
What do you mean secretary of state?

287
00:18:24.300 --> 00:18:26.620
You mean my state like Florida, the way I did it here?

288
00:18:26.620 --> 00:18:27.700
Right, right.

289
00:18:27.700 --> 00:18:30.020
So let's say you go into a matter of fact,

290
00:18:30.020 --> 00:18:31.900
I'm going to walk everybody through an example of this.

291
00:18:31.900 --> 00:18:34.580
Cause this is, how many people here have a business?

292
00:18:34.580 --> 00:18:35.540
Like LLC?

293
00:18:35.540 --> 00:18:36.900
Yeah, this is like everybody.

294
00:18:36.900 --> 00:18:37.720
All right.

295
00:18:37.720 --> 00:18:38.560
So, you know what?

296
00:18:38.560 --> 00:18:40.220
This is so important, Richard, you're such a blessing.

297
00:18:40.220 --> 00:18:42.740
Like you're raising an issue that everybody has.

298
00:18:42.740 --> 00:18:44.520
So let me just go right into this.

299
00:18:44.520 --> 00:18:45.680
So I'm going to go to,

300
00:18:46.680 --> 00:18:48.560
matter of fact, I'll go into Florida,

301
00:18:48.560 --> 00:18:53.560
Florida state secretary of state site corporate name search.

302
00:18:59.120 --> 00:19:01.360
Let's go to Florida search records.

303
00:19:01.360 --> 00:19:03.440
Okay, division of corporations.

304
00:19:04.440 --> 00:19:07.120
Okay, so here is the,

305
00:19:07.120 --> 00:19:09.920
I actually before, I mean, I know Richard,

306
00:19:09.920 --> 00:19:12.520
but I'm going to say this anyway.

307
00:19:12.520 --> 00:19:14.840
This is not legal advice guys.

308
00:19:14.880 --> 00:19:17.040
Okay, none of this is legal advice.

309
00:19:17.040 --> 00:19:18.840
This is definitely not legal advice.

310
00:19:18.840 --> 00:19:19.660
Okay.

311
00:19:20.800 --> 00:19:24.080
I drank half my cup when I said that one.

312
00:19:24.080 --> 00:19:25.200
All right, here we go.

313
00:19:25.200 --> 00:19:27.840
So let me walk you guys through an example

314
00:19:27.840 --> 00:19:32.040
of somebody brilliant like Richard

315
00:19:32.040 --> 00:19:33.800
and others that are here.

316
00:19:33.800 --> 00:19:37.640
How exactly is it that we go through

317
00:19:37.640 --> 00:19:40.760
the deciding on this name and is it a problem

318
00:19:40.760 --> 00:19:42.360
when I'm starting to create a business?

319
00:19:43.040 --> 00:19:47.600
This right here is the secretary of state site for Florida.

320
00:19:47.600 --> 00:19:51.600
So I go in here and I'm going to drop the link.

321
00:19:51.600 --> 00:19:53.360
Let me just grab the link from here.

322
00:19:53.360 --> 00:19:54.960
Oh, copy.

323
00:19:54.960 --> 00:19:56.320
Let me just throw it in the chat

324
00:19:56.320 --> 00:19:59.520
so people can look along or try it on their own.

325
00:20:00.000 --> 00:20:04.120
So choose, right click, paste, there we go.

326
00:20:04.120 --> 00:20:05.660
Okay, all right.

327
00:20:05.660 --> 00:20:08.540
So I go in here and I say, okay,

328
00:20:08.540 --> 00:20:10.900
well, I've got a new potential business.

329
00:20:10.900 --> 00:20:13.500
So I look under corporations,

330
00:20:13.500 --> 00:20:18.120
limited liability companies, LLCs, LPs, trademarks, right?

331
00:20:18.120 --> 00:20:19.900
I do like how they do this.

332
00:20:19.900 --> 00:20:21.200
All right, so here's it.

333
00:20:21.200 --> 00:20:24.140
Florida does something very, very different

334
00:20:24.140 --> 00:20:25.700
from a lot of other states.

335
00:20:25.700 --> 00:20:29.620
They actually allow you to search state trademarks as well.

336
00:20:29.660 --> 00:20:31.180
That's a good thing, guys.

337
00:20:31.180 --> 00:20:35.820
That's a very good thing because most states do not do that.

338
00:20:35.820 --> 00:20:38.580
So Florida actually is doing something

339
00:20:38.580 --> 00:20:39.660
that's very beneficial.

340
00:20:39.660 --> 00:20:43.980
It's allowing you to search their state trademark database,

341
00:20:43.980 --> 00:20:46.140
not the federal one, but the state one.

342
00:20:46.140 --> 00:20:49.580
So now if I look up name, search by name,

343
00:20:49.580 --> 00:20:51.500
and so I look up, let's say,

344
00:20:52.460 --> 00:20:57.460
let's say the company name is, I don't know, Microsoft.

345
00:20:58.180 --> 00:21:03.180
And I say, search now, Microsoft, search now.

346
00:21:04.060 --> 00:21:06.540
Now, look at all these companies as pop-up, right?

347
00:21:06.540 --> 00:21:07.700
Microsoft Software.

348
00:21:07.700 --> 00:21:10.260
These are all the registrations within the state,

349
00:21:10.260 --> 00:21:11.920
in the state of Florida.

350
00:21:11.920 --> 00:21:13.740
So let's say I come up with a new name

351
00:21:13.740 --> 00:21:15.140
that hopefully doesn't exist.

352
00:21:15.140 --> 00:21:16.180
So let's say it's

353
00:21:20.740 --> 00:21:22.220
Grooey.

354
00:21:22.220 --> 00:21:25.380
Grooey, that's the name, Grooey.

355
00:21:25.380 --> 00:21:26.200
What?

356
00:21:26.200 --> 00:21:27.640
Let's say a Grooey exists.

357
00:21:27.640 --> 00:21:28.520
Get out of here.

358
00:21:28.520 --> 00:21:29.480
Let's see.

359
00:21:29.480 --> 00:21:30.320
Let me back up.

360
00:21:31.720 --> 00:21:33.540
Okay, we're gonna start from scratch.

361
00:21:33.540 --> 00:21:36.220
Let's do something that I don't believe exists

362
00:21:36.220 --> 00:21:39.120
because I created this word myself, FestJef.

363
00:21:39.120 --> 00:21:40.420
That's the word I created.

364
00:21:41.300 --> 00:21:43.720
So when I do a quick search,

365
00:21:43.720 --> 00:21:48.720
I see like Fee, Feco, Fest, whatever, next list.

366
00:21:50.280 --> 00:21:51.580
Any FestJef?

367
00:21:51.580 --> 00:21:52.960
No, no.

368
00:21:53.800 --> 00:21:55.500
Any FestJef?

369
00:21:55.540 --> 00:21:56.660
No, no.

370
00:21:56.660 --> 00:21:58.460
It's all alphabetical.

371
00:21:58.460 --> 00:21:59.740
Yeah, yeah.

372
00:21:59.740 --> 00:22:01.940
So I just keep going down.

373
00:22:01.940 --> 00:22:02.780
Feshier.

374
00:22:02.780 --> 00:22:03.600
Oh, wow.

375
00:22:03.600 --> 00:22:05.340
So my name's Feshier.

376
00:22:05.340 --> 00:22:06.620
So I go through.

377
00:22:07.700 --> 00:22:08.580
Nothing yet.

378
00:22:09.820 --> 00:22:11.100
Nothing yet.

379
00:22:11.100 --> 00:22:12.220
Almost done.

380
00:22:14.860 --> 00:22:17.300
When you have to do a lot of stuff in court very fast,

381
00:22:17.300 --> 00:22:19.260
you get to learn how to read very fast.

382
00:22:19.260 --> 00:22:20.380
Oh, let's see.

383
00:22:20.380 --> 00:22:21.980
So even though it's alphabetical,

384
00:22:21.980 --> 00:22:23.180
are you looking through the others

385
00:22:23.180 --> 00:22:25.140
just to make sure that it's not,

386
00:22:25.140 --> 00:22:27.540
like if space is different or?

387
00:22:27.540 --> 00:22:29.140
Yeah, exactly.

388
00:22:29.140 --> 00:22:29.980
Okay.

389
00:22:29.980 --> 00:22:30.800
That's exactly right.

390
00:22:30.800 --> 00:22:31.640
Is that Vicky?

391
00:22:31.640 --> 00:22:32.460
Yep.

392
00:22:32.460 --> 00:22:33.300
Yeah, that's Vicky.

393
00:22:33.300 --> 00:22:34.140
You were a paralegal, right?

394
00:22:34.140 --> 00:22:35.260
I was a long time ago.

395
00:22:35.260 --> 00:22:36.820
Yeah, so you get it.

396
00:22:36.820 --> 00:22:37.860
That's exactly right.

397
00:22:37.860 --> 00:22:42.680
So yeah, so when I have a specific word

398
00:22:42.680 --> 00:22:43.520
and I'm doing a search

399
00:22:43.520 --> 00:22:44.940
and you guys are gonna learn this tomorrow

400
00:22:44.940 --> 00:22:47.860
when we go into detail on trademark searching.

401
00:22:47.860 --> 00:22:50.000
When I do a review,

402
00:22:50.000 --> 00:22:51.940
I'm not just looking for the exact spelling.

403
00:22:51.940 --> 00:22:53.700
I'm looking for things that are similar,

404
00:22:53.700 --> 00:22:57.740
like phonetically similar, anything even close, right?

405
00:22:57.740 --> 00:23:00.100
Well, let's say I go through this whole list.

406
00:23:00.100 --> 00:23:02.580
Let's say I'm done with the whole list.

407
00:23:02.580 --> 00:23:05.020
And when I'm done, I say, you know what?

408
00:23:05.020 --> 00:23:06.500
There is no F-E-S-C-H-E-F-T.

409
00:23:06.500 --> 00:23:09.220
Let's say there is no F-E-S-C-H-E-F-T,

410
00:23:09.220 --> 00:23:10.960
nothing that sounds like it.

411
00:23:11.980 --> 00:23:16.220
So I believe I can own it, right?

412
00:23:16.220 --> 00:23:17.340
Here's the problem.

413
00:23:18.660 --> 00:23:21.540
This is called a corporate name search.

414
00:23:22.180 --> 00:23:27.180
Now, the beauty of Florida is that they include in it

415
00:23:28.020 --> 00:23:32.980
a trademark name search, meaning the state registrations.

416
00:23:32.980 --> 00:23:36.140
So when I search, I look for state registrations,

417
00:23:36.140 --> 00:23:38.540
but again, it doesn't include federal registrations.

418
00:23:38.540 --> 00:23:40.220
Like if you filed a trademark application

419
00:23:40.220 --> 00:23:42.220
with the United States Patent and Trademark Office,

420
00:23:42.220 --> 00:23:43.900
it does not include that.

421
00:23:43.900 --> 00:23:48.900
And so for that reason, you cannot rely upon the results

422
00:23:49.900 --> 00:23:52.540
from the Secretary of State site.

423
00:23:52.540 --> 00:23:53.940
So what do I do?

424
00:23:53.940 --> 00:23:56.140
Like Richard's got this great idea.

425
00:23:56.140 --> 00:23:57.780
He looked at the Secretary of State site.

426
00:23:57.780 --> 00:23:58.900
It sounds great.

427
00:23:58.900 --> 00:24:00.580
It looks like the name's available.

428
00:24:00.580 --> 00:24:04.900
The very next thing you do is you go to the USPTO website

429
00:24:04.900 --> 00:24:05.900
and you do a search,

430
00:24:05.900 --> 00:24:08.060
which I'm gonna show you how to do tomorrow.

431
00:24:08.060 --> 00:24:09.180
I'm gonna walk you through that.

432
00:24:09.180 --> 00:24:10.180
Quick question for you, sir.

433
00:24:10.180 --> 00:24:11.580
Yeah, absolutely.

434
00:24:11.580 --> 00:24:14.460
On that Florida one, it said trademark.

435
00:24:14.500 --> 00:24:19.140
So do I, once I get the trademark from the federal site,

436
00:24:19.140 --> 00:24:22.260
can I use that trademark on the Florida site

437
00:24:22.260 --> 00:24:24.620
or no, I gotta make something else up?

438
00:24:24.620 --> 00:24:29.300
And is it required to get one on the Florida site?

439
00:24:29.300 --> 00:24:30.900
Great, again, a great question.

440
00:24:30.900 --> 00:24:33.220
So we're gonna be covering this a lot tomorrow, guys,

441
00:24:33.220 --> 00:24:36.600
on Trademark Day, but just so everybody gets a preview,

442
00:24:37.460 --> 00:24:39.140
if you have a federal registration,

443
00:24:39.140 --> 00:24:41.380
you do not need a state registration.

444
00:24:41.420 --> 00:24:44.580
A federal registration includes all of the United States.

445
00:24:44.580 --> 00:24:45.660
Oh, okay.

446
00:24:45.660 --> 00:24:48.500
That's the beauty of filing one,

447
00:24:48.500 --> 00:24:52.260
this is why I actually added the trademark application

448
00:24:52.260 --> 00:24:55.100
into the package, into the audit package,

449
00:24:55.100 --> 00:24:57.180
because usually during the audit,

450
00:24:57.180 --> 00:25:00.340
we're talking about products, services, business names.

451
00:25:00.000 --> 00:25:02.660
people are trying to figure out, should I use this name?

452
00:25:02.660 --> 00:25:03.500
Should I, should I not?

453
00:25:03.500 --> 00:25:04.320
I'm not sure.

454
00:25:04.320 --> 00:25:05.980
And then finally we come up with, yes,

455
00:25:05.980 --> 00:25:07.980
this name we're going to use going forward.

456
00:25:07.980 --> 00:25:08.820
At that moment,

457
00:25:08.820 --> 00:25:10.820
you want to be able to file a trademark application.

458
00:25:10.820 --> 00:25:12.220
So why not include it all?

459
00:25:12.220 --> 00:25:14.700
So that's why we actually have that in the audit package.

460
00:25:14.700 --> 00:25:16.380
It's all done at once.

461
00:25:16.380 --> 00:25:20.140
So to answer Richard's question,

462
00:25:20.140 --> 00:25:21.780
when you go to the secretary of state side,

463
00:25:21.780 --> 00:25:23.420
you see that it's clear.

464
00:25:23.420 --> 00:25:25.620
That does not mean that the name is clear.

465
00:25:25.620 --> 00:25:27.180
It means the business name is clear.

466
00:25:27.180 --> 00:25:29.460
It doesn't mean that the trademark is clear.

467
00:25:29.460 --> 00:25:30.680
Because on the sec,

468
00:25:30.680 --> 00:25:33.560
on the secretary of state site for Florida,

469
00:25:33.560 --> 00:25:35.520
it's a state trademark search,

470
00:25:35.520 --> 00:25:37.880
not a federal trademark search.

471
00:25:37.880 --> 00:25:40.720
You do that on the USPTO website,

472
00:25:40.720 --> 00:25:44.240
or you hire a third party to do that properly for you.

473
00:25:44.240 --> 00:25:45.080
Okay.

474
00:25:45.080 --> 00:25:47.480
And what's the, what's the trademark site in,

475
00:25:47.480 --> 00:25:48.800
on the federal side?

476
00:25:48.800 --> 00:25:51.720
USPTO.gov.

477
00:25:51.720 --> 00:25:53.400
We're going to walk through that search.

478
00:25:53.400 --> 00:25:55.760
Oh, I thought, I thought that was the copyright site.

479
00:25:55.760 --> 00:25:56.600
No?

480
00:25:56.600 --> 00:25:57.420
No.

481
00:25:57.420 --> 00:25:59.320
Copyright site is copyright.gov.

482
00:26:00.140 --> 00:26:00.980
Okay. I got it.

483
00:26:00.980 --> 00:26:01.820
Okay. I understand.

484
00:26:01.820 --> 00:26:02.820
Yeah, absolutely.

485
00:26:02.820 --> 00:26:05.740
So, so now that I've actually gone

486
00:26:05.740 --> 00:26:08.180
and I see that the trademark is available,

487
00:26:08.180 --> 00:26:11.340
now I can get a federal registration for it, right?

488
00:26:11.340 --> 00:26:13.420
But the first step I'm doing is I'm going to,

489
00:26:13.420 --> 00:26:14.700
like Richard did,

490
00:26:14.700 --> 00:26:17.700
I go to the secretary of state in my state,

491
00:26:17.700 --> 00:26:19.940
and I look to see if that name's available.

492
00:26:19.940 --> 00:26:23.020
Because if there's a business with that name

493
00:26:23.020 --> 00:26:25.300
already in my state,

494
00:26:25.300 --> 00:26:29.180
even if federally I can get a federal registration for it,

495
00:26:30.000 --> 00:26:32.040
I'm now competing with another company in my state

496
00:26:32.040 --> 00:26:33.760
with the exact same name.

497
00:26:33.760 --> 00:26:34.600
That's a problem.

498
00:26:34.600 --> 00:26:36.880
We're going to talk about that in a lot of detail tomorrow

499
00:26:36.880 --> 00:26:38.800
as to why that's a problem.

500
00:26:38.800 --> 00:26:40.560
How do you get around it?

501
00:26:40.560 --> 00:26:41.800
You know, all those issues,

502
00:26:41.800 --> 00:26:43.680
we'll dig into that in a lot of detail.

503
00:26:43.680 --> 00:26:46.360
So very good question, Richard.

504
00:26:46.360 --> 00:26:47.200
All right.

505
00:26:47.200 --> 00:26:49.880
So with that being the case,

506
00:26:49.880 --> 00:26:52.560
going back to the copyright side,

507
00:26:52.560 --> 00:26:54.720
one of the things I wanted to make sure is

508
00:26:54.720 --> 00:26:56.080
for all the artists here,

509
00:26:56.080 --> 00:26:58.120
you now have an idea of how to make sure

510
00:26:58.140 --> 00:27:00.660
that people don't steal your stuff, okay?

511
00:27:00.660 --> 00:27:04.860
But what if you create e-courses?

512
00:27:04.860 --> 00:27:06.700
How many people here do e-courses?

513
00:27:06.700 --> 00:27:08.020
Anybody?

514
00:27:08.020 --> 00:27:08.860
All right.

515
00:27:08.860 --> 00:27:12.060
Candice does e-courses, Larissa, Ray, Heather.

516
00:27:12.060 --> 00:27:12.900
Wow.

517
00:27:12.900 --> 00:27:13.820
We got a lot of people.

518
00:27:13.820 --> 00:27:14.640
All right.

519
00:27:14.640 --> 00:27:15.480
Awesome.

520
00:27:15.480 --> 00:27:16.320
Okay.

521
00:27:16.320 --> 00:27:18.420
So we got a lot of people that do e-courses.

522
00:27:18.420 --> 00:27:19.500
Okay.

523
00:27:19.500 --> 00:27:21.100
Here's the thing with e-courses.

524
00:27:22.980 --> 00:27:27.020
If you own the copyright associated with the e-course,

525
00:27:27.020 --> 00:27:30.760
when somebody purchases your e-course,

526
00:27:30.760 --> 00:27:35.200
you wanna make it clear that they now have a copy of it

527
00:27:35.200 --> 00:27:39.200
to use, but they don't have the right to make copies

528
00:27:39.200 --> 00:27:40.540
to give the third parties.

529
00:27:42.000 --> 00:27:43.460
That's really important.

530
00:27:43.460 --> 00:27:47.240
So you should have some kind of terms and conditions

531
00:27:47.240 --> 00:27:49.740
associated with the downloading of your e-book

532
00:27:49.740 --> 00:27:51.520
or your training course or whatever it is.

533
00:27:51.520 --> 00:27:54.580
There should be some kind of terms and conditions

534
00:27:54.580 --> 00:27:59.120
that makes it clear that they can use it.

535
00:27:59.120 --> 00:28:01.040
They can attend the course.

536
00:28:01.040 --> 00:28:04.340
They can even make a copy for their own personal use,

537
00:28:04.340 --> 00:28:06.960
but they do not have a right to make a copy

538
00:28:06.960 --> 00:28:08.320
to give to the third party.

539
00:28:09.640 --> 00:28:12.760
Now, if they in fact are like,

540
00:28:12.760 --> 00:28:16.480
like Candice sees my training and Candice is like

541
00:28:16.480 --> 00:28:18.040
really brilliant, which she is.

542
00:28:18.040 --> 00:28:21.120
And she says, I wanna train these other people.

543
00:28:21.120 --> 00:28:22.780
Hey, that's awesome.

544
00:28:22.780 --> 00:28:26.120
Candice can take a non-exclusive license from me.

545
00:28:26.120 --> 00:28:30.320
And then she can now use my material to train other people

546
00:28:31.280 --> 00:28:34.640
because I'm obtaining a revenue stream from Candice.

547
00:28:34.640 --> 00:28:36.040
And if Candice is smart,

548
00:28:36.040 --> 00:28:38.720
Candice is making sure she's getting paid well

549
00:28:38.720 --> 00:28:40.940
by the people that are taking the course.

550
00:28:40.940 --> 00:28:43.920
So now here are two things to remember.

551
00:28:43.920 --> 00:28:46.440
If you own the original copyright,

552
00:28:46.440 --> 00:28:49.000
you're the only one who can make the copies.

553
00:28:49.000 --> 00:28:52.200
The only ones who could make modifications, only you can.

554
00:28:52.220 --> 00:28:55.180
The only one who can display it, only you can.

555
00:28:55.180 --> 00:28:58.260
If you want other people to use your material,

556
00:28:59.380 --> 00:29:01.980
make sure you make it clear when they purchase

557
00:29:01.980 --> 00:29:05.020
what they can do with what's purchased.

558
00:29:06.580 --> 00:29:08.380
You're gonna see a lot of agreements out there

559
00:29:08.380 --> 00:29:13.380
that talk about courses, books, eBooks.

560
00:29:13.600 --> 00:29:16.460
It tells you exactly what you can and can't do

561
00:29:16.460 --> 00:29:18.380
if you'd use my course.

562
00:29:18.380 --> 00:29:20.460
Make sure you have an agreement like that.

563
00:29:20.460 --> 00:29:21.700
But then separate from that,

564
00:29:22.200 --> 00:29:25.760
you may find somebody who really gels well with you

565
00:29:25.760 --> 00:29:28.220
and likes your material a lot.

566
00:29:29.440 --> 00:29:32.040
Don't be bashful in having a discussion with them

567
00:29:32.040 --> 00:29:33.080
about licensing.

568
00:29:34.440 --> 00:29:35.480
Just talk to them and say,

569
00:29:35.480 --> 00:29:38.260
hey, look, you like this, that is awesome.

570
00:29:39.660 --> 00:29:42.960
Why don't we discuss like potentially building an agreement

571
00:29:42.960 --> 00:29:46.680
where you, you're not just like an affiliate

572
00:29:46.680 --> 00:29:48.720
selling what I do, but you represent me.

573
00:29:49.720 --> 00:29:52.580
Like you represent my content to the public

574
00:29:52.580 --> 00:29:55.860
or you can use my content in your program, right?

575
00:29:55.860 --> 00:29:58.580
That's how you build a revenue stream.

576
00:29:58.580 --> 00:30:00.020
Now you're starting to get.

577
00:30:00.000 --> 00:30:02.220
royalties for stuff you're not doing.

578
00:30:03.400 --> 00:30:07.480
This is how people take these e-courses.

579
00:30:07.480 --> 00:30:09.180
You know, they'll have like these evergreens

580
00:30:09.180 --> 00:30:10.400
which are phenomenal.

581
00:30:10.400 --> 00:30:12.680
But then all of a sudden a university comes along

582
00:30:12.680 --> 00:30:15.320
and says, we really like your content.

583
00:30:15.320 --> 00:30:16.980
And what some of the people do is they're like,

584
00:30:16.980 --> 00:30:19.960
no, no, no, you're a university, you can't use it.

585
00:30:19.960 --> 00:30:21.480
No, what I would do is I would enter

586
00:30:21.480 --> 00:30:24.200
into a license agreement with the university

587
00:30:24.200 --> 00:30:27.560
and say, look, I will allow you to use my content

588
00:30:27.560 --> 00:30:31.720
in your program for X amount per year, right?

589
00:30:31.720 --> 00:30:33.560
Believe me, the schools have,

590
00:30:33.560 --> 00:30:36.160
they have budgets for things like this, okay?

591
00:30:36.160 --> 00:30:40.240
Especially e-courses, they love e-courses, all right?

592
00:30:40.240 --> 00:30:42.120
They're getting credit, get this.

593
00:30:42.120 --> 00:30:45.880
Universities are making money for credits

594
00:30:45.880 --> 00:30:48.040
where they don't need a professor.

595
00:30:48.040 --> 00:30:50.320
They love e-courses, all right?

596
00:30:50.320 --> 00:30:52.600
They don't have to pay anybody to do it.

597
00:30:53.460 --> 00:30:55.040
I know because I've been called

598
00:30:55.040 --> 00:30:57.320
to actually do e-courses for people, all right?

599
00:30:58.060 --> 00:30:59.200
And we're building one right now for a university.

600
00:30:59.200 --> 00:31:04.200
So if you can get a university to show your material

601
00:31:07.160 --> 00:31:09.040
as an e-course, make sure they're paying you

602
00:31:09.040 --> 00:31:12.480
a revenue stream, ask them for five grand,

603
00:31:12.480 --> 00:31:15.960
like just, it doesn't have to be something huge,

604
00:31:15.960 --> 00:31:18.360
but just you're starting to get your reputation

605
00:31:18.360 --> 00:31:19.180
known out there.

606
00:31:19.180 --> 00:31:22.480
And the thing is that now one university knows who you are,

607
00:31:22.480 --> 00:31:25.320
then you can actually talk to another university

608
00:31:25.360 --> 00:31:27.680
and say, hey, guess what, university number two,

609
00:31:27.680 --> 00:31:31.460
university number one uses my content as an e-course.

610
00:31:31.460 --> 00:31:33.320
Now all of a sudden they're intrigued

611
00:31:33.320 --> 00:31:35.280
and they go, oh, really?

612
00:31:35.280 --> 00:31:37.680
And so now you're not doing anything.

613
00:31:37.680 --> 00:31:39.520
Like literally all you're doing is sitting back

614
00:31:39.520 --> 00:31:42.400
and taking checks from universities.

615
00:31:42.400 --> 00:31:47.400
It costs you nothing, it's easy money, guys, easy money.

616
00:31:47.640 --> 00:31:49.200
And for some of you that are figuring out,

617
00:31:49.200 --> 00:31:50.860
asking, well, how do I build an e-course?

618
00:31:50.860 --> 00:31:52.000
I don't understand.

619
00:31:52.000 --> 00:31:54.120
Just take your challenge or take your training

620
00:31:54.120 --> 00:31:57.040
and turn it into an online class,

621
00:31:57.040 --> 00:32:00.240
section it into separate parts, piece by piece

622
00:32:00.240 --> 00:32:02.120
and sell it as an e-course.

623
00:32:02.120 --> 00:32:03.720
You can do that as well.

624
00:32:03.720 --> 00:32:05.640
You don't have to go, like we're going through

625
00:32:05.640 --> 00:32:07.600
a very detailed process of like going

626
00:32:07.600 --> 00:32:11.600
to an actual filming facility and renting out the space

627
00:32:11.600 --> 00:32:15.480
for $5,000 and getting the cameras and the backdrop

628
00:32:15.480 --> 00:32:17.320
and which we're having an issue with

629
00:32:17.320 --> 00:32:19.600
trying to figure out the image, right, Ray?

630
00:32:19.600 --> 00:32:21.160
For the backdrop.

631
00:32:21.160 --> 00:32:22.000
That one's better.

632
00:32:22.000 --> 00:32:23.880
No issues, just opportunities.

633
00:32:23.880 --> 00:32:25.160
Oh, that's good, I like that.

634
00:32:25.160 --> 00:32:28.400
We have no issues, just opportunities, I like that.

635
00:32:28.400 --> 00:32:29.800
Candice, you had a question?

636
00:32:31.040 --> 00:32:32.000
Okay, all right.

637
00:32:32.000 --> 00:32:35.680
So with that being the case, you create that

638
00:32:35.680 --> 00:32:37.720
and now you can use it over and over and over.

639
00:32:37.720 --> 00:32:39.040
But what I want you to remember

640
00:32:39.040 --> 00:32:42.160
is you need a license agreement, okay?

641
00:32:42.160 --> 00:32:44.680
Like don't just throw your stuff out there.

642
00:32:44.680 --> 00:32:47.560
If you get somebody who can represent you,

643
00:32:47.560 --> 00:32:48.800
get a license agreement with them.

644
00:32:48.800 --> 00:32:49.920
Yeah, go ahead, Candice.

645
00:32:49.920 --> 00:32:50.760
I do have a question.

646
00:32:50.760 --> 00:32:52.160
First, I like what you had just said.

647
00:32:52.160 --> 00:32:54.360
That's what I was like, yeah, that's right.

648
00:32:56.640 --> 00:32:57.480
My second question-

649
00:32:57.480 --> 00:32:58.320
You were like exploding.

650
00:32:58.320 --> 00:33:01.000
I was, I was really happy about that.

651
00:33:01.000 --> 00:33:03.760
My other question was if it were to be something

652
00:33:03.760 --> 00:33:07.360
for like elementary students and you were coming up

653
00:33:07.360 --> 00:33:09.800
with it's not necessarily an e-course

654
00:33:09.800 --> 00:33:11.920
and somewhat of a curriculum,

655
00:33:11.920 --> 00:33:14.520
but it also goes hand in hand with a book,

656
00:33:14.520 --> 00:33:15.960
like think Barney, okay?

657
00:33:15.960 --> 00:33:17.720
Like let's just think Barney.

658
00:33:17.720 --> 00:33:20.000
So you're gonna obviously, I don't know,

659
00:33:20.000 --> 00:33:21.640
we're gonna do trademarks tomorrow.

660
00:33:21.640 --> 00:33:24.360
We're gonna do everything else,

661
00:33:24.360 --> 00:33:26.240
but you've already come up with something

662
00:33:26.240 --> 00:33:30.640
that is a, you know, a curriculum for students

663
00:33:30.640 --> 00:33:33.680
that other people have already shown interest in,

664
00:33:33.680 --> 00:33:37.920
but the tools that are available now weren't there.

665
00:33:37.920 --> 00:33:40.920
So how would you go about doing that?

666
00:33:40.920 --> 00:33:44.520
Because you're, you could license the curriculum,

667
00:33:44.520 --> 00:33:47.360
I guess, to the elementary schools.

668
00:33:47.360 --> 00:33:48.200
Let's bring this down-

669
00:33:48.960 --> 00:33:50.800
Just so that, just so I'm really clear on this.

670
00:33:50.800 --> 00:33:51.880
Let me just break this down.

671
00:33:51.880 --> 00:33:56.880
So, so let's say I am, am I a professor at a school

672
00:33:56.960 --> 00:34:00.640
or am I somebody trying to bring a course to a school?

673
00:34:00.640 --> 00:34:03.200
You are a professor at a school

674
00:34:03.200 --> 00:34:05.880
that's looking for an alternative.

675
00:34:05.880 --> 00:34:06.720
Okay.

676
00:34:06.720 --> 00:34:10.360
Or certain things, certain behavioral things.

677
00:34:10.360 --> 00:34:12.400
All right, so I'm a professor at a school.

678
00:34:12.400 --> 00:34:13.400
I'm trying to do this.

679
00:34:13.400 --> 00:34:16.000
And so am I trying to use somebody else's e-course

680
00:34:16.000 --> 00:34:18.320
or am I trying to create the course

681
00:34:18.320 --> 00:34:20.880
and use somebody else's material in my course?

682
00:34:20.880 --> 00:34:23.199
Use somebody else's material in your course

683
00:34:23.199 --> 00:34:24.800
that's already completed.

684
00:34:24.800 --> 00:34:25.639
Got it.

685
00:34:25.639 --> 00:34:26.480
Okay, perfect.

686
00:34:26.480 --> 00:34:27.960
All right, so as it is,

687
00:34:27.960 --> 00:34:30.520
I can't get the picture of Barney out of my head.

688
00:34:30.520 --> 00:34:32.520
Thank you very much.

689
00:34:32.520 --> 00:34:34.199
I've been trying to block it.

690
00:34:34.199 --> 00:34:35.400
He's back.

691
00:34:35.400 --> 00:34:36.360
He's back?

692
00:34:36.360 --> 00:34:37.199
He's back.

693
00:34:37.199 --> 00:34:38.159
He's back.

694
00:34:38.159 --> 00:34:39.600
This is kind of scary.

695
00:34:39.600 --> 00:34:41.000
This is scary.

696
00:34:41.000 --> 00:34:45.239
So anyways, that and Elmo.

697
00:34:45.360 --> 00:34:46.360
Elmo's the other one.

698
00:34:46.360 --> 00:34:50.639
Like, oh, it's like, oh, like,

699
00:34:50.639 --> 00:34:52.520
I was like, this is too much for me.

700
00:34:52.520 --> 00:34:55.880
So if I'm trying to use somebody else's coursework,

701
00:34:55.880 --> 00:34:57.960
then what I need to do is get a license

702
00:34:57.960 --> 00:35:00.120
to utilize their coursework within my.

703
00:35:00.000 --> 00:35:03.560
program, right? Now, let's say that there's a book I want to

704
00:35:03.560 --> 00:35:07.800
use, then what most universities have some kind of agreement with

705
00:35:07.800 --> 00:35:11.760
publishers, where they can utilize certain textbooks in

706
00:35:11.760 --> 00:35:14.800
their curriculum, they actually pay a licensing fee, and then

707
00:35:14.800 --> 00:35:18.040
they end up purchasing certain books for that, like that's what

708
00:35:18.040 --> 00:35:22.160
they typically do. But if I want to use a certain a certain

709
00:35:22.160 --> 00:35:26.960
parties content, and I can either have all the students buy

710
00:35:26.960 --> 00:35:30.560
all the stuff, and then talk about it in the training, you

711
00:35:30.560 --> 00:35:34.040
know, and kind of talk about what's actually in the book. But

712
00:35:34.040 --> 00:35:37.280
if I ever want to like make a copy of something from their

713
00:35:37.280 --> 00:35:41.640
book, and hand it out as part of my course, if I'm making money

714
00:35:41.920 --> 00:35:45.840
for doing that, that's copyright infringement. Okay, that is not

715
00:35:45.840 --> 00:35:49.400
fair use. People believe it's fair use. It is not fair use.

716
00:35:49.720 --> 00:35:52.640
There's this there's this body of law called fair use. And this

717
00:35:52.640 --> 00:35:55.880
is you guys are in VIP. So you guys get to see this other

718
00:35:55.880 --> 00:36:01.240
people don't see this. In in fair use, there needs to be a

719
00:36:01.240 --> 00:36:05.640
limited amount of time associated with when you can get

720
00:36:05.640 --> 00:36:08.880
access to the material. It's for a limited use. It's not for

721
00:36:08.880 --> 00:36:13.160
commercial gain. You know, it's very narrow that it needs to be

722
00:36:13.160 --> 00:36:18.480
kind of like newsworthy, like, all right, President just does a

723
00:36:18.480 --> 00:36:22.160
certain action. It just happened an hour ago. I'm taking the

724
00:36:22.160 --> 00:36:24.880
cover of the newspaper, and I'm showing it to everybody in the

725
00:36:24.880 --> 00:36:28.360
class. That's fair use. Like it's, it's something that's

726
00:36:28.360 --> 00:36:31.640
newsworthy. It's important, you got to see it. But if I take

727
00:36:31.640 --> 00:36:34.920
that, like a book, and I make that part of my curriculum by

728
00:36:34.920 --> 00:36:38.400
copying a chapter of it, that's copyright infringement. So

729
00:36:38.400 --> 00:36:42.480
there's a difference between the two. So anytime that I want to

730
00:36:42.480 --> 00:36:47.720
use somebody else's content, in my program, I can either like

731
00:36:47.760 --> 00:36:50.480
buy the books, and have everybody have the books and

732
00:36:50.480 --> 00:36:53.160
then talk about what they already have. Because I'm not

733
00:36:53.160 --> 00:36:55.960
copying anything. Everybody's got it. Right. And, and if

734
00:36:55.960 --> 00:36:59.360
anything, the people are doing very well, because now there's

735
00:36:59.360 --> 00:37:04.240
50 copies of it purchased. But I can't, I can't basically take

736
00:37:04.240 --> 00:37:08.040
the content, let's say, like, electronically scan it and hand

737
00:37:08.040 --> 00:37:11.040
it out to the students and say, Hey, this is what we're going to

738
00:37:11.040 --> 00:37:14.080
cover this this semester. That's copyright infringement. They're

739
00:37:14.080 --> 00:37:15.920
two different things. Does that make sense?

740
00:37:16.200 --> 00:37:20.160
Completely. Okay, so if it's a storytime thing, that they do a

741
00:37:20.160 --> 00:37:23.400
weekly storytime thing, then they would buy the licensing

742
00:37:23.400 --> 00:37:29.760
rights to be able to use the, you know, the weekly, every

743
00:37:29.760 --> 00:37:32.720
edition, each week has an edition, and that it goes

744
00:37:32.760 --> 00:37:36.160
simultaneously. So they buy the rights to be able to use that.

745
00:37:36.160 --> 00:37:39.720
And then simultaneously, you can sell the book if you want to

746
00:37:39.720 --> 00:37:43.000
online to parents who want to purchase it, because not every

747
00:37:43.000 --> 00:37:43.920
parent can afford it.

748
00:37:44.600 --> 00:37:48.240
Yeah, I mean, that's, that's true. You could do that. And so

749
00:37:48.240 --> 00:37:52.960
the best situation is if it's your book, that's the best

750
00:37:52.960 --> 00:37:55.920
situation, because now if it's your book, you can do the

751
00:37:55.920 --> 00:37:59.360
training on the course, sell your book to another party. And

752
00:37:59.360 --> 00:38:01.520
if you're doing at an educational institution, you can

753
00:38:01.520 --> 00:38:04.000
actually license the rights to your book to the educational

754
00:38:04.000 --> 00:38:07.440
institution. So now you're getting paid to teach that this

755
00:38:07.440 --> 00:38:11.640
is how professors make a lot, a lot, a lot of money. This is how

756
00:38:11.640 --> 00:38:14.440
they do this, right? Like the ones that are higher end

757
00:38:14.440 --> 00:38:18.440
professors, they will get a license to teach, they'll get

758
00:38:18.440 --> 00:38:21.240
paid for teaching, and then they'll sell their book as part

759
00:38:21.240 --> 00:38:24.640
of their teaching. It's kind of like double dipping. I mean,

760
00:38:24.640 --> 00:38:28.000
when you think about it, but it works. I mean, that's, that's

761
00:38:28.000 --> 00:38:29.680
how it works. So it's

762
00:38:30.880 --> 00:38:35.800
a question. And I have to do with this, the, the other

763
00:38:35.800 --> 00:38:42.120
project, the end overall goal of me wanting to have you review a

764
00:38:42.120 --> 00:38:46.080
passion project that I have, then a business that a business

765
00:38:46.080 --> 00:38:48.960
that I have. So my book can do it all in the audit. At the same

766
00:38:48.960 --> 00:38:52.400
time. Oh, yeah, bring it all. Bring it all. What I tell people

767
00:38:52.400 --> 00:38:56.480
and I tell them, look, you guys are very important. You have

768
00:38:56.480 --> 00:38:59.360
limited time. What I don't want you to do is like buying one

769
00:38:59.360 --> 00:39:01.880
audit for one business, another audit for don't do that. Just

770
00:39:01.880 --> 00:39:05.320
bring it all. Bring it all at once. Hey, look, I've got ABC

771
00:39:05.320 --> 00:39:09.040
company over here. We're doing this. I've got 123 company over

772
00:39:09.040 --> 00:39:11.680
here. We're doing this. Let's let's do it all. We'll go.

773
00:39:12.600 --> 00:39:16.680
Perfect. Take it. I don't say this office often take advantage

774
00:39:16.680 --> 00:39:20.600
of me. All right. I don't say that often. Right. Okay. All

775
00:39:20.600 --> 00:39:25.280
right. Vicki. Oh, you're so welcome. Vicki. Go right ahead.

776
00:39:25.520 --> 00:39:31.040
I thank you. Um, I've got a couple of questions that are

777
00:39:31.320 --> 00:39:38.880
kind of mixed up in my head. So I'm doing I have a friend who's

778
00:39:38.880 --> 00:39:44.800
creating an eight part course through many videos. The first

779
00:39:44.800 --> 00:39:48.760
one is an introduction. And then it's like six different ones

780
00:39:48.760 --> 00:39:54.520
about different aspects of mental health. And she wants to

781
00:39:54.520 --> 00:39:58.280
sell that. She wants to sell it as a course.

782
00:40:00.000 --> 00:40:07.240
Individually, like so that there will be eight mini courses, I think, yeah, people do that

783
00:40:07.240 --> 00:40:11.400
a lot, actually, that Yeah, it becomes a good revenue stream.

784
00:40:11.400 --> 00:40:12.640
Yeah.

785
00:40:12.640 --> 00:40:14.920
But it's not her information, right?

786
00:40:14.920 --> 00:40:19.720
I mean, it's all under common, common knowledge.

787
00:40:19.720 --> 00:40:20.720
Okay.

788
00:40:20.720 --> 00:40:21.720
Okay.

789
00:40:21.720 --> 00:40:26.640
Well, what is she teaching?

790
00:40:26.640 --> 00:40:29.600
She's teaching her own stuff for somebody else's stuff.

791
00:40:29.600 --> 00:40:34.120
She is putting together somebody else's stuff.

792
00:40:34.120 --> 00:40:37.480
So there's, I guess they're like eight tools of mental health.

793
00:40:37.480 --> 00:40:39.320
Let's just say that's what it is.

794
00:40:39.320 --> 00:40:44.680
Eight tools of mental health put out by the Mental Health Board of United States.

795
00:40:44.680 --> 00:40:46.560
I really don't know what I'm talking about.

796
00:40:46.560 --> 00:40:48.080
But you get right.

797
00:40:48.080 --> 00:40:52.560
So I find with you, you usually do know what you're talking about, you're trying to word

798
00:40:52.560 --> 00:40:55.560
it so nobody knows you know what you're talking about, but go ahead.

799
00:40:55.560 --> 00:41:04.360
So she made a video introducing all the other videos that are coming up, and each upcoming

800
00:41:04.360 --> 00:41:09.480
video will be touching on one of those eight keys.

801
00:41:09.480 --> 00:41:13.160
And so the key itself doesn't belong to her.

802
00:41:13.160 --> 00:41:21.800
But the way she's presenting it or instructing that key is her own, right?

803
00:41:21.800 --> 00:41:22.800
Okay.

804
00:41:23.040 --> 00:41:28.920
So let me put this into terms that I think everybody will be able to follow.

805
00:41:28.920 --> 00:41:36.160
So there is, the United States has what's called the Constitution, right?

806
00:41:36.160 --> 00:41:38.520
Everybody knows there's the Constitution, right?

807
00:41:38.520 --> 00:41:43.800
So somebody says, I'm going to do a training on the different parts of the Constitution.

808
00:41:43.800 --> 00:41:45.960
I'm going to break it down step by step.

809
00:41:45.960 --> 00:41:49.720
And they create their own introduction to the Constitution explaining what it is.

810
00:41:49.720 --> 00:41:55.440
And then they have a different video for the different sections of the Constitution.

811
00:41:55.440 --> 00:41:58.040
The question is, can they sell that?

812
00:41:58.040 --> 00:42:03.960
Can they sell that, their own interpretation of what the Constitution says?

813
00:42:03.960 --> 00:42:14.000
So by all means, I could sell like, I could sell, well, right now I'm talking about USPTO.

814
00:42:14.000 --> 00:42:17.360
Let's say I'm talking about patent laws.

815
00:42:17.360 --> 00:42:18.360
Those are statutes.

816
00:42:18.360 --> 00:42:26.920
That would be like 35 U.S.C. section 102A, B, D, 35 U.S.C. section 103, B. Those are

817
00:42:26.920 --> 00:42:27.920
all parts.

818
00:42:27.920 --> 00:42:30.280
I'm giving you my interpretation of it.

819
00:42:30.280 --> 00:42:33.640
And I'm displaying to you the law.

820
00:42:33.640 --> 00:42:35.080
I'll show it to you on the screen.

821
00:42:35.080 --> 00:42:36.720
I can do that all day.

822
00:42:36.720 --> 00:42:38.200
I can make an e-course on that.

823
00:42:38.200 --> 00:42:46.600
I could sell that all I want, as long as I'm not displaying somebody else's work that's

824
00:42:46.600 --> 00:42:48.560
protected under copyright.

825
00:42:48.560 --> 00:42:52.080
I can talk about anything I want.

826
00:42:52.080 --> 00:43:00.800
Now if, let's say I go to a teaching by Tony Robbins, right?

827
00:43:00.800 --> 00:43:02.960
I'll just use Tony Robbins.

828
00:43:02.960 --> 00:43:09.320
And while I'm at the teaching by Tony Robbins, I say, oh man, that was a really good teaching.

829
00:43:09.320 --> 00:43:13.000
And he talks about three pillars of such and something.

830
00:43:13.000 --> 00:43:18.720
So what I decide to do is I decide to create a training on the three pillars of that, which

831
00:43:18.720 --> 00:43:21.560
are that's his stuff.

832
00:43:21.560 --> 00:43:26.120
I can't use his materials.

833
00:43:26.120 --> 00:43:28.080
I can't use his trademarks.

834
00:43:28.080 --> 00:43:30.640
I can't use his copyrighted materials.

835
00:43:30.640 --> 00:43:32.920
I can't use his audio, his video.

836
00:43:32.920 --> 00:43:36.840
I can't use his funnel, his website.

837
00:43:36.840 --> 00:43:45.720
But the basic idea of there being three such and such, he doesn't own the idea of there

838
00:43:45.720 --> 00:43:49.280
being three such and such.

839
00:43:49.280 --> 00:43:50.280
It's not patentable.

840
00:43:50.280 --> 00:43:51.280
It's not trademarkable.

841
00:43:51.280 --> 00:43:53.840
It's not copyrightable.

842
00:43:53.840 --> 00:43:55.720
Copyright only covers what's fixed.

843
00:43:55.720 --> 00:44:02.520
So therefore, I can go and say, hey, there's three main pillars of such and such, blah,

844
00:44:02.520 --> 00:44:03.520
blah, blah, blah.

845
00:44:04.320 --> 00:44:10.240
I would be kind of not so smart if I made people believe that it was my own.

846
00:44:10.240 --> 00:44:13.640
That would not be smart, because somebody is going to find out that it actually belongs

847
00:44:13.640 --> 00:44:15.040
to Tony Robbins.

848
00:44:15.040 --> 00:44:19.000
And somebody is going to call me out, and I'm going to look like a complete dope.

849
00:44:19.000 --> 00:44:25.520
And so it would make sense for me to give credit where credit's due and say, these are

850
00:44:25.520 --> 00:44:30.280
the three pillars that Tony Robbins talked about in this conference.

851
00:44:30.280 --> 00:44:34.320
This is my impression of those things, of what they mean, blah, blah, blah.

852
00:44:34.320 --> 00:44:40.440
And then it's up to the consumer to decide, you know what, yeah, I think this guy's not

853
00:44:40.440 --> 00:44:43.680
really legit, because he's talking about somebody else's content.

854
00:44:43.680 --> 00:44:46.840
Or they might say, you know, I really like Peter's Angle.

855
00:44:46.840 --> 00:44:47.840
I like that.

856
00:44:47.840 --> 00:44:52.400
And so they might buy that, because you know what, I mean, sometimes you need a second

857
00:44:52.400 --> 00:44:58.720
voice on a specific topic, which would be fine.

858
00:44:58.720 --> 00:45:00.000
That would be absolutely fine.

859
00:45:00.000 --> 00:45:03.260
But what I'm trying to teach all of you here

860
00:45:03.260 --> 00:45:06.860
is that anytime you decide to use something

861
00:45:06.860 --> 00:45:09.580
that somebody else has,

862
00:45:09.580 --> 00:45:12.260
either for your training, your teaching,

863
00:45:12.260 --> 00:45:15.780
your e-course, your video, your audio,

864
00:45:15.780 --> 00:45:17.180
make sure that what you're using

865
00:45:17.180 --> 00:45:20.060
is not protected under intellectual property law.

866
00:45:20.060 --> 00:45:21.780
That is one of the most important things

867
00:45:21.780 --> 00:45:24.540
I want you to remember because what I don't want

868
00:45:24.540 --> 00:45:27.860
is all of a sudden you end up getting sued

869
00:45:27.860 --> 00:45:30.580
because you are using such and such as flowchart

870
00:45:30.580 --> 00:45:32.620
in your training program,

871
00:45:32.620 --> 00:45:34.860
which is protectable under copyright law

872
00:45:34.860 --> 00:45:37.580
because it's an image, right?

873
00:45:37.580 --> 00:45:39.420
Now you realize, oh, hold it.

874
00:45:39.420 --> 00:45:41.780
Maybe I can't use the flowchart,

875
00:45:41.780 --> 00:45:43.880
but the general idea of what's discussed,

876
00:45:43.880 --> 00:45:45.780
I can talk about that

877
00:45:45.780 --> 00:45:47.540
because they don't own the general idea

878
00:45:47.540 --> 00:45:49.380
of what was discussed.

879
00:45:49.380 --> 00:45:52.780
They own what's quote unquote fixed.

880
00:45:52.780 --> 00:45:54.540
They own what's fixed.

881
00:45:54.540 --> 00:45:56.100
They don't own the idea.

882
00:45:56.220 --> 00:45:58.460
This is why I came up with the name

883
00:45:58.460 --> 00:46:00.860
the Protect Your Idea Challenge.

884
00:46:01.980 --> 00:46:04.660
It's actually a play on words.

885
00:46:04.660 --> 00:46:07.820
It is legally impossible to protect an idea.

886
00:46:07.820 --> 00:46:09.100
It does not exist.

887
00:46:09.100 --> 00:46:11.740
It's not possible to protect an idea.

888
00:46:11.740 --> 00:46:13.980
The reason why I call it the Protect Your Idea Challenge

889
00:46:13.980 --> 00:46:16.740
is because it makes lawyers mad, number one,

890
00:46:16.740 --> 00:46:17.700
and I like to do that.

891
00:46:17.700 --> 00:46:18.700
It's fun.

892
00:46:18.700 --> 00:46:22.820
Number two is most people look at it and go,

893
00:46:22.820 --> 00:46:24.220
yeah, I want to protect my idea

894
00:46:24.260 --> 00:46:27.500
because we just think in common knowledge,

895
00:46:27.500 --> 00:46:31.060
but the fact of the matter is an idea is,

896
00:46:31.060 --> 00:46:33.460
it's like not tangible.

897
00:46:33.460 --> 00:46:35.380
You got to create something with the idea.

898
00:46:35.380 --> 00:46:39.140
Once it's created, that is what you protect, not the idea.

899
00:46:40.420 --> 00:46:42.500
Larissa, oh, that's a light bulb.

900
00:46:42.500 --> 00:46:43.600
Light bulb.

901
00:46:44.500 --> 00:46:46.340
Vicky, did you have another question?

902
00:46:47.780 --> 00:46:48.980
I do have another question

903
00:46:48.980 --> 00:46:52.260
and that was a great segue to it.

904
00:46:52.260 --> 00:46:54.260
So I'm putting together this book.

905
00:46:54.260 --> 00:46:55.340
I'm writing this book.

906
00:46:56.500 --> 00:47:00.700
I've got, I'm, how do I say this?

907
00:47:06.100 --> 00:47:08.780
I'm slaying sacred cows.

908
00:47:08.780 --> 00:47:11.060
Oh gosh, here we go.

909
00:47:11.060 --> 00:47:11.900
Yeah.

910
00:47:11.900 --> 00:47:13.140
Don't go there.

911
00:47:13.140 --> 00:47:15.060
Please don't go there.

912
00:47:15.060 --> 00:47:16.180
Oh, I can't not.

913
00:47:16.180 --> 00:47:18.900
I've prayed about it and prayed about it

914
00:47:18.900 --> 00:47:22.060
and I just can't not go there.

915
00:47:22.980 --> 00:47:23.820
Let me see.

916
00:47:23.820 --> 00:47:27.220
I'm sprinkling the buffet.

917
00:47:27.220 --> 00:47:28.180
David, just so you know,

918
00:47:28.180 --> 00:47:30.020
I'm going to answer your question next on fair use.

919
00:47:30.020 --> 00:47:31.980
All right, just so you know.

920
00:47:31.980 --> 00:47:32.980
All right, go ahead.

921
00:47:34.060 --> 00:47:38.860
I'm sprinkling the buffet of steak tips

922
00:47:38.860 --> 00:47:43.860
with my own drawings and my own stories

923
00:47:45.120 --> 00:47:47.680
trying to soften the massacre.

924
00:47:50.460 --> 00:47:51.960
Okay, so what's your question?

925
00:47:52.900 --> 00:47:55.740
Well, the sacred cow has been around for thousands of years

926
00:47:55.740 --> 00:47:57.620
and that's not copyrightable.

927
00:47:57.620 --> 00:48:02.260
My interpretation and reworking of it is my own

928
00:48:02.260 --> 00:48:04.580
and I've only shared it with a few people

929
00:48:04.580 --> 00:48:06.860
as you know, for testing and stuff.

930
00:48:09.540 --> 00:48:12.780
So I think I could still copyright the book

931
00:48:12.780 --> 00:48:17.780
because it's got my breakdown of it and my pictures.

932
00:48:18.460 --> 00:48:19.580
Is that correct?

933
00:48:20.460 --> 00:48:22.380
You need an audit.

934
00:48:22.380 --> 00:48:25.540
What you're talking about is very specific

935
00:48:25.540 --> 00:48:29.700
and it falls into the category of legal analysis.

936
00:48:29.700 --> 00:48:33.940
And just for David, just so you know,

937
00:48:33.940 --> 00:48:36.580
I'm just putting in the chat right now

938
00:48:36.580 --> 00:48:40.660
and actually tonight I'll drop in the private Facebook group

939
00:48:40.660 --> 00:48:43.140
the actual elements of fair use

940
00:48:45.060 --> 00:48:48.220
because this is a topic that is brilliant

941
00:48:48.220 --> 00:48:51.920
to have and extremely difficult for people to understand.

942
00:48:51.920 --> 00:48:55.100
So let me cover this real quick for people, okay?

943
00:48:55.100 --> 00:48:56.220
Okay, thanks, Vicky.

944
00:48:56.220 --> 00:48:57.300
Oh, you're so welcome, Vicky.

945
00:48:57.300 --> 00:48:59.940
All right, so I really like David's question on this.

946
00:48:59.940 --> 00:49:02.260
So I just wanna jump into this real quick.

947
00:49:02.260 --> 00:49:04.980
All right, so there are four factors in fair use.

948
00:49:06.620 --> 00:49:09.060
And so you're looking at these factors

949
00:49:09.060 --> 00:49:11.460
to determine whether or not you can actually use

950
00:49:11.460 --> 00:49:13.460
what you're using.

951
00:49:13.460 --> 00:49:17.020
Just to be clear, to step into the category of fair use

952
00:49:17.020 --> 00:49:18.700
means that you're already in the category

953
00:49:18.700 --> 00:49:21.100
of infringing on the copyright, right?

954
00:49:21.100 --> 00:49:25.540
It means that whatever you're using, there's a problem.

955
00:49:25.540 --> 00:49:27.060
And now we're trying to determine whether or not

956
00:49:27.060 --> 00:49:29.620
there's an exception to the problem, okay?

957
00:49:29.620 --> 00:49:33.540
So it's like you walk out of the jewelry store

958
00:49:33.540 --> 00:49:38.020
and you have like five necklaces in your hand

959
00:49:38.020 --> 00:49:39.860
and the police stop you.

960
00:49:39.860 --> 00:49:42.380
The fact is, yes, you walked out of the jewelry store

961
00:49:42.380 --> 00:49:44.780
and you have five necklaces in your hand.

962
00:49:44.780 --> 00:49:47.580
But the next question is, how'd you get the necklaces?

963
00:49:47.580 --> 00:49:50.420
And your response is, oh, my mom owns the jewelry store

964
00:49:50.420 --> 00:49:51.940
and she gave them to me.

965
00:49:51.940 --> 00:49:56.620
That's an exception to not paying for the jewelry

966
00:49:56.620 --> 00:49:58.020
and being arrested.

967
00:49:58.020 --> 00:49:59.900
If they just stop that step number one,

968
00:50:00.000 --> 00:50:02.400
which was, did you pay for the jewelry?

969
00:50:02.400 --> 00:50:04.960
The answer is no, and you would be arrested, right?

970
00:50:04.960 --> 00:50:06.120
Immediately.

971
00:50:06.120 --> 00:50:07.520
But when you get to question number two,

972
00:50:07.520 --> 00:50:09.280
the question number two is,

973
00:50:09.280 --> 00:50:10.680
well, how'd you get possession of them?

974
00:50:10.680 --> 00:50:12.920
Oh, my mom owns the store, knows the jewelry store,

975
00:50:12.920 --> 00:50:13.760
and she gave them to me.

976
00:50:13.760 --> 00:50:15.640
Okay, well, that's an exception to stealing,

977
00:50:15.640 --> 00:50:17.000
so therefore you're fine.

978
00:50:17.000 --> 00:50:18.680
You never stole.

979
00:50:18.680 --> 00:50:21.720
Fair use is an exception to copyright infringement.

980
00:50:21.720 --> 00:50:24.000
So where you look at it as number one,

981
00:50:24.000 --> 00:50:25.880
the purpose and character of the use,

982
00:50:25.880 --> 00:50:29.120
including whether such use is of a commercial nature,

983
00:50:29.120 --> 00:50:31.440
or is it a nonprofit educational purposes?

984
00:50:31.440 --> 00:50:34.160
All right, so if I've got a class,

985
00:50:34.160 --> 00:50:35.600
and I'm teaching the class,

986
00:50:35.600 --> 00:50:38.560
and a court case just was decided,

987
00:50:38.560 --> 00:50:43.560
and a magazine cover has, like, it's showing the court case,

988
00:50:43.680 --> 00:50:45.920
and I just wanna show the magazine cover,

989
00:50:45.920 --> 00:50:49.400
that might be argued to be for educational purposes.

990
00:50:49.400 --> 00:50:52.280
It's timely, it's just showing it really quickly

991
00:50:52.280 --> 00:50:53.880
for educational purpose.

992
00:50:53.880 --> 00:50:58.040
The problem, here's the problem with element number one.

993
00:50:58.040 --> 00:51:01.240
The educational institution's making money, is it not?

994
00:51:02.400 --> 00:51:04.760
I mean, does anybody here know how much it costs

995
00:51:04.760 --> 00:51:06.240
to go to college these days?

996
00:51:08.040 --> 00:51:09.280
I mean, it's insane.

997
00:51:09.280 --> 00:51:11.080
Like, I know, right, Candice?

998
00:51:11.080 --> 00:51:13.160
It's like, I have two daughters.

999
00:51:13.160 --> 00:51:14.920
One of them is finishing college,

1000
00:51:14.920 --> 00:51:17.240
the other one is starting college, right?

1001
00:51:17.240 --> 00:51:20.080
So it's, fortunately, they're very smart,

1002
00:51:20.080 --> 00:51:21.200
so they get scholarships.

1003
00:51:21.200 --> 00:51:23.120
Thank you, Lord.

1004
00:51:23.120 --> 00:51:26.560
Because if it wasn't for that, I don't know what I'd do.

1005
00:51:27.360 --> 00:51:28.560
But the first part is that

1006
00:51:28.560 --> 00:51:30.320
educational institutions make money.

1007
00:51:30.320 --> 00:51:35.320
So is it the case that if, let's say, Harvard University

1008
00:51:35.760 --> 00:51:38.960
all of a sudden grabs a book that just came out and says,

1009
00:51:38.960 --> 00:51:41.440
I'm just using it for educational purposes?

1010
00:51:41.440 --> 00:51:42.280
Yeah, no.

1011
00:51:42.280 --> 00:51:45.880
These people spend $80,000 a year

1012
00:51:45.880 --> 00:51:47.440
to be educated at your institution.

1013
00:51:47.440 --> 00:51:49.640
Why don't you go out there and get a license?

1014
00:51:50.520 --> 00:51:52.760
Unless it's something that, again, it just happened,

1015
00:51:52.760 --> 00:51:54.560
you need to show it,

1016
00:51:55.160 --> 00:51:58.240
that might actually fall into an exception.

1017
00:51:58.240 --> 00:52:00.080
So if you look at element number two,

1018
00:52:00.080 --> 00:52:02.120
the nature of the copyrighted work,

1019
00:52:02.120 --> 00:52:03.360
that's what I'm talking about.

1020
00:52:03.360 --> 00:52:06.600
Like, it just happened, it's an immediate nature,

1021
00:52:06.600 --> 00:52:08.160
I'm just showing it now.

1022
00:52:08.160 --> 00:52:11.240
It's not like I'm giving the book out to a bunch of people.

1023
00:52:11.240 --> 00:52:14.040
It's like, I'm showing you one page, it's very short,

1024
00:52:14.040 --> 00:52:15.200
it's right to the point,

1025
00:52:15.200 --> 00:52:17.360
just so I can educate you on the issue.

1026
00:52:17.360 --> 00:52:22.360
And then the amount and substantiality of the portion used

1027
00:52:22.800 --> 00:52:24.920
in relation to the copyrighted work as a whole.

1028
00:52:24.920 --> 00:52:29.560
So let's say that in my teaching, I show you page,

1029
00:52:29.560 --> 00:52:33.120
I'm gonna talk to you about, let's say, Macbeth.

1030
00:52:34.040 --> 00:52:38.440
And I say, hey, everybody, we're gonna turn to page 107.

1031
00:52:38.440 --> 00:52:40.920
And I show you page 107.

1032
00:52:40.920 --> 00:52:43.920
That's displaying a copyrighted work,

1033
00:52:43.920 --> 00:52:47.520
but I'm showing you one page of the entire book.

1034
00:52:47.520 --> 00:52:50.640
So it has a higher chance of it being for use.

1035
00:52:50.680 --> 00:52:52.920
But the fact of the matter is,

1036
00:52:52.920 --> 00:52:55.360
and this is why I hate the fair use area,

1037
00:52:55.360 --> 00:52:57.440
because there's so much litigation,

1038
00:52:57.440 --> 00:52:59.600
because people can't tell,

1039
00:52:59.600 --> 00:53:01.320
am I actually using it in a way

1040
00:53:01.320 --> 00:53:04.160
that I'm not gonna get sued or am I gonna get sued?

1041
00:53:04.160 --> 00:53:05.240
Like, they're not sure.

1042
00:53:05.240 --> 00:53:08.600
Even after hearing the definition, they're still not sure.

1043
00:53:08.600 --> 00:53:09.840
And to tell you the truth,

1044
00:53:09.840 --> 00:53:11.960
like, this is where lawyers make a ton of money.

1045
00:53:11.960 --> 00:53:14.720
Like, lawyers like me, we make a ton of money here

1046
00:53:14.720 --> 00:53:17.200
because people just aren't sure.

1047
00:53:17.200 --> 00:53:19.200
Can I do this or can I not?

1048
00:53:19.200 --> 00:53:22.160
That's why I tell you guys, go get a license.

1049
00:53:22.160 --> 00:53:24.120
Or if it's something you're just gonna show quickly,

1050
00:53:24.120 --> 00:53:28.080
show it quickly, and then hopefully it falls into fair use.

1051
00:53:28.080 --> 00:53:30.640
The last factor is the effect of use

1052
00:53:30.640 --> 00:53:32.080
upon the potential market.

1053
00:53:32.080 --> 00:53:34.760
All right, this last factor is the one

1054
00:53:34.760 --> 00:53:36.880
that the courts focus on almost,

1055
00:53:37.960 --> 00:53:42.000
I say the majority time, this is the big one, number four.

1056
00:53:42.000 --> 00:53:44.360
How is it affecting the pockets

1057
00:53:44.360 --> 00:53:46.680
of the people who own the copyright?

1058
00:53:46.680 --> 00:53:47.680
That's the question.

1059
00:53:48.600 --> 00:53:53.440
So if Larissa decides to, like, do a challenge,

1060
00:53:53.440 --> 00:53:58.040
and during the challenge, she takes a book by Pedro Adeo

1061
00:53:58.040 --> 00:54:03.040
and she scans it and she uses it at a handout for everybody.

1062
00:54:03.080 --> 00:54:06.160
And then every week of two months,

1063
00:54:06.160 --> 00:54:09.360
she's going over a different chapter of the book.

1064
00:54:09.360 --> 00:54:10.680
That's copyright infringement.

1065
00:54:10.680 --> 00:54:14.320
That's not fair use because Pedro's not getting paid.

1066
00:54:15.800 --> 00:54:16.640
You see what I mean?

1067
00:54:17.120 --> 00:54:19.320
It's actually directly affecting the party

1068
00:54:19.320 --> 00:54:20.720
who owns the copyright.

1069
00:54:20.720 --> 00:54:22.400
The courts will look at that.

1070
00:54:22.400 --> 00:54:26.520
That has the most bearing of all the factors.

1071
00:54:26.520 --> 00:54:28.040
The other ones they look at, yes,

1072
00:54:28.040 --> 00:54:32.120
but in most cases, if it's really strongly,

1073
00:54:32.120 --> 00:54:35.360
negatively harming the copyright owner, you're in trouble.

1074
00:54:37.000 --> 00:54:38.800
Salt to sage.

1075
00:54:41.080 --> 00:54:42.160
That's Michelle.

1076
00:54:42.160 --> 00:54:44.360
I know, I know, but I had to say salt to sage.

1077
00:54:44.360 --> 00:54:45.480
I like that.

1078
00:54:45.480 --> 00:54:46.520
Hi, Peter.

1079
00:54:47.360 --> 00:54:48.200
Hi, how are you?

1080
00:54:53.560 --> 00:54:54.400
I'm good.

1081
00:54:54.400 --> 00:54:56.600
Nice to be here.

1082
00:54:56.600 --> 00:54:57.760
Thank you.

1083
00:54:57.760 --> 00:54:58.600
Awesome.

1084
00:54:58.600 --> 00:54:59.760
It's good to see you as well.

1085
00:55:00.000 --> 00:55:06.120
do for you? Well, um, on the topic that we were just talking

1086
00:55:06.120 --> 00:55:15.920
about, the reading of one page of a different book, 100

1087
00:55:15.920 --> 00:55:23.320
different books, one page, or one paragraph. That would be

1088
00:55:23.320 --> 00:55:31.920
probably okay, I would think. It's, I've got a little bit of

1089
00:55:31.920 --> 00:55:36.920
water left. Okay, this is not legal advice. But here, let's

1090
00:55:36.920 --> 00:55:42.520
say that my course, my course is actually just to to compare and

1091
00:55:42.520 --> 00:55:46.840
contrast 100 different books, and the way that they

1092
00:55:46.840 --> 00:55:53.880
demonstrate, let's say, like, romance novels, specifically the

1093
00:55:53.880 --> 00:55:57.840
way that they address tragedy, in romance novels, why is it

1094
00:55:57.840 --> 00:56:01.440
that all these romance novels always have some kind of tragic

1095
00:56:01.440 --> 00:56:04.840
event, like, and so we're going to explore that together over

1096
00:56:04.840 --> 00:56:07.440
the next six month period. And we're going to go through 100

1097
00:56:07.440 --> 00:56:10.920
books, we're going to go through one by one by one, literally,

1098
00:56:10.960 --> 00:56:14.440
Romeo and Juliet, like Beth, like, we're gonna, we're gonna

1099
00:56:14.440 --> 00:56:16.920
go through everything, Tale of Two Cities, you name it. And

1100
00:56:16.920 --> 00:56:21.120
we're all going to look at specifically how, you know, how

1101
00:56:21.120 --> 00:56:25.640
tragic events affect romance novels. And so in doing that,

1102
00:56:26.000 --> 00:56:28.760
I'm going to say, okay, everybody in the Tale of Two

1103
00:56:28.760 --> 00:56:33.040
Cities, turn to page 97. And in this book, turn to this page,

1104
00:56:33.120 --> 00:56:35.240
and this book, turn to this page, and this book, turn to

1105
00:56:35.240 --> 00:56:40.720
this page. So the question is, can I do that? It's a phenomenal

1106
00:56:40.720 --> 00:56:48.040
question. I can't say yes or no, because technically, under

1107
00:56:48.040 --> 00:56:51.760
copyright law, you're not allowed to make a copy, and

1108
00:56:51.760 --> 00:56:56.680
you're not allowed to, you're not allowed to disseminate copies

1109
00:56:56.680 --> 00:56:59.960
to other parties. So if you're if I'm not giving a copy of

1110
00:56:59.960 --> 00:57:03.640
those page to others, I've got a higher chance of it being okay.

1111
00:57:03.800 --> 00:57:08.720
So let's say I took the one page of every single one of the 100

1112
00:57:08.720 --> 00:57:13.440
novels, and I created a new book. And that new book, right

1113
00:57:13.440 --> 00:57:16.560
has the one page from all the books. I think that's a problem.

1114
00:57:16.920 --> 00:57:21.600
Because I'm taking their work. But let's say instead, I'm just

1115
00:57:21.600 --> 00:57:25.520
going to talk about it. Say guys, you know, in Macbeth,

1116
00:57:25.520 --> 00:57:29.200
we're going to turn to page 37. You see it on here. This is

1117
00:57:29.200 --> 00:57:31.640
where it says blah, blah, blah, blah, blah. And we talk about

1118
00:57:31.640 --> 00:57:34.600
it. And we kind of compare and contrast and we compare it to

1119
00:57:34.600 --> 00:57:40.320
one of the other ones. Is that okay? Man, that that takes an

1120
00:57:40.320 --> 00:57:43.600
in depth analysis of the specific scenario. It really

1121
00:57:43.600 --> 00:57:47.040
does. Because what I would want to know is a number of things.

1122
00:57:47.080 --> 00:57:50.320
Number one, are these recorded and handed to other people?

1123
00:57:50.480 --> 00:57:57.120
Number two, other handouts? Number three? Is it? Is it just

1124
00:57:57.120 --> 00:58:00.400
a small portion so as not to be considered the quote, unquote,

1125
00:58:00.440 --> 00:58:03.960
essence of the copyright? Right? If it's not considered the

1126
00:58:03.960 --> 00:58:07.440
essence of the copyright, I have a higher chance of it not

1127
00:58:07.440 --> 00:58:10.080
being copyright infringement in and of itself. I may not even

1128
00:58:10.080 --> 00:58:13.440
need public use. I don't think it's going to I mean, fair use.

1129
00:58:13.480 --> 00:58:17.760
I don't think it's ever going to fall into fair use. Because I'm

1130
00:58:17.760 --> 00:58:21.920
teaching on it. I'm making financial gain on it. I think

1131
00:58:21.920 --> 00:58:24.840
the bigger question is, is it copyright infringement at all?

1132
00:58:25.120 --> 00:58:29.280
Because I'm just copying like one small portion to talk about.

1133
00:58:29.680 --> 00:58:33.120
I'm not even copying it. I'm talking about one small portion

1134
00:58:33.120 --> 00:58:36.840
of an entire book. I can't tell you one way or the other.

1135
00:58:36.840 --> 00:58:39.520
Honestly, Michelle, I think it would take it would take an

1136
00:58:39.520 --> 00:58:43.360
analysis of exactly what's happening, like looking at it in

1137
00:58:43.360 --> 00:58:48.680
detail and seeing, okay, how much is being used? What is the

1138
00:58:48.680 --> 00:58:52.320
is the course curriculum now taking some of that from the

1139
00:58:52.320 --> 00:58:56.280
book and using it in the training and saying, you know,

1140
00:58:56.320 --> 00:59:00.000
like, what exactly is going on is, that's going to be it's

1141
00:59:00.000 --> 00:59:02.680
going to be a more detailed analysis, at least on the legal

1142
00:59:02.680 --> 00:59:03.040
side.

1143
00:59:06.120 --> 00:59:09.720
Definitely. Yeah, it's definitely I recall,

1144
00:59:10.400 --> 00:59:14.680
this is just so you know, your question would be the perfect

1145
00:59:14.680 --> 00:59:19.400
like final exam question in a law school. Like, it'd be a

1146
00:59:19.400 --> 00:59:22.960
perp because what will happen is, some law students will raise

1147
00:59:22.960 --> 00:59:26.440
fair use, other people will use a defense of no, it's not

1148
00:59:26.440 --> 00:59:30.280
copyright infringement. Another one will say, you know, no, you

1149
00:59:30.280 --> 00:59:33.840
need to buy the books, because the letter of the law says this,

1150
00:59:34.000 --> 00:59:37.240
like, you would get so much variation. And in the

1151
00:59:37.240 --> 00:59:40.040
assessment, as the professor of the class, what I'd be looking

1152
00:59:40.040 --> 00:59:44.040
for is, I want to see the the legal reasoning. And, you know,

1153
00:59:44.160 --> 00:59:47.360
I don't care as much about the results, because I think it can

1154
00:59:47.360 --> 00:59:50.160
be interpreted multiple different ways. I care more

1155
00:59:50.160 --> 00:59:52.880
about the legal reasoning and how you got to that result.

1156
00:59:53.120 --> 00:59:56.080
That's why I think it's the perfect example of a final exam

1157
00:59:56.080 --> 00:59:59.600
question. So I have to I have to take

1158
01:00:00.000 --> 01:00:03.880
the unfortunate answer that some lawyers would say,

1159
01:00:03.880 --> 01:00:06.760
which is it depends, which is the worst answer

1160
01:00:06.760 --> 01:00:08.200
anybody ever wants to hear.

1161
01:00:08.200 --> 01:00:11.800
But it's kind of that, it's kind of that situation.

1162
01:00:11.800 --> 01:00:13.480
I would just make sure in that situation,

1163
01:00:13.480 --> 01:00:17.640
I don't have a handout that has one page of each book.

1164
01:00:17.640 --> 01:00:19.360
I wouldn't do that.

1165
01:00:19.360 --> 01:00:20.800
I would.

1166
01:00:20.800 --> 01:00:24.480
Yeah, that seems more like a combination

1167
01:00:25.480 --> 01:00:30.480
that would require giving due to every author

1168
01:00:32.760 --> 01:00:35.880
in a summary form at the end of the test

1169
01:00:35.880 --> 01:00:39.200
as an addendum of some sort.

1170
01:00:39.200 --> 01:00:42.000
I know as a fact, certain educational institutions,

1171
01:00:42.000 --> 01:00:44.160
they have these block licenses

1172
01:00:44.160 --> 01:00:46.120
where they can use multiple different books

1173
01:00:46.120 --> 01:00:48.560
and they can make copies of different things.

1174
01:00:48.560 --> 01:00:51.120
So certain institutions actually have a license

1175
01:00:51.120 --> 01:00:53.520
that allows them to do certain things like that.

1176
01:00:55.080 --> 01:01:00.000
And so if I were a professor at a university

1177
01:01:00.000 --> 01:01:00.840
and I was gonna do that,

1178
01:01:00.840 --> 01:01:03.640
I would check and see in our licensing policies

1179
01:01:03.640 --> 01:01:05.360
what's allowed and what's not allowed.

1180
01:01:05.360 --> 01:01:09.320
But in general, if I'm just like just Peter,

1181
01:01:09.320 --> 01:01:14.320
I just wanna do a training and talk about romantic,

1182
01:01:14.400 --> 01:01:18.600
the tragedy, how tragedy affects romance novels.

1183
01:01:18.600 --> 01:01:20.320
I'm gonna go over a hundred books.

1184
01:01:21.040 --> 01:01:24.640
So would I be concerned?

1185
01:01:26.200 --> 01:01:27.520
I'm not as concerned

1186
01:01:27.520 --> 01:01:30.040
as long as I'm not taking a photocopy of the pages

1187
01:01:30.040 --> 01:01:32.760
and putting them together and giving them out as a handout.

1188
01:01:32.760 --> 01:01:35.520
If I'm just talking about in the class,

1189
01:01:35.520 --> 01:01:37.680
I'm teaching them like,

1190
01:01:37.680 --> 01:01:40.120
hey guys, do you have your own copy of Macbeth?

1191
01:01:40.120 --> 01:01:42.880
This is what it says on this page, right?

1192
01:01:42.880 --> 01:01:43.760
And I'm teaching them

1193
01:01:43.760 --> 01:01:45.920
and we're using it for educational purposes.

1194
01:01:45.920 --> 01:01:47.760
I'm less concerned about that.

1195
01:01:47.760 --> 01:01:49.400
And again, this is not legal advice.

1196
01:01:50.160 --> 01:01:52.800
I'm happy to dig into this more with you in an audit

1197
01:01:52.800 --> 01:01:54.360
if that's something you wanna do,

1198
01:01:54.360 --> 01:01:58.080
but it's gonna be very specific, very specific.

1199
01:02:00.440 --> 01:02:03.440
Yeah, it was actually based on a person

1200
01:02:06.320 --> 01:02:11.000
who is more of an oratory

1201
01:02:11.000 --> 01:02:16.000
and gives about a paragraph in oral form online

1202
01:02:16.880 --> 01:02:18.280
and it's different every day.

1203
01:02:18.280 --> 01:02:23.280
It's a little blurb of something, not typed,

1204
01:02:23.560 --> 01:02:28.560
but as a vocal and then she discusses it.

1205
01:02:29.320 --> 01:02:33.320
But that was very good.

1206
01:02:33.320 --> 01:02:34.800
It's a good question, Michelle,

1207
01:02:34.800 --> 01:02:39.040
because the law says under copyright law,

1208
01:02:39.040 --> 01:02:40.520
if you follow the letter of the law,

1209
01:02:40.520 --> 01:02:44.440
you're not allowed to even like,

1210
01:02:44.560 --> 01:02:49.560
even like publicly speak for monetary purposes,

1211
01:02:50.720 --> 01:02:53.240
for financial gain in any way, shape or form,

1212
01:02:53.240 --> 01:02:55.960
or even one of the rights specifically says,

1213
01:02:55.960 --> 01:02:59.240
you cannot go in a public forum

1214
01:02:59.240 --> 01:03:03.240
and speak what's in a copyrighted work.

1215
01:03:03.240 --> 01:03:06.760
That's a legal right of the copyright owner only.

1216
01:03:06.760 --> 01:03:10.160
And so when you look at a lot of these podcasts,

1217
01:03:10.160 --> 01:03:13.640
when you look at a lot of these other things

1218
01:03:14.280 --> 01:03:17.360
like YouTube channels, this is done all the time.

1219
01:03:17.360 --> 01:03:19.240
It is literally all the time.

1220
01:03:19.240 --> 01:03:20.080
And so-

1221
01:03:20.080 --> 01:03:22.080
Every day, all day long.

1222
01:03:22.080 --> 01:03:25.560
Exactly, and so it's good to understand the law

1223
01:03:25.560 --> 01:03:27.640
and then at the same time, it's good to understand,

1224
01:03:27.640 --> 01:03:30.320
well, where's the level of enforceability?

1225
01:03:30.320 --> 01:03:31.160
What can I do?

1226
01:03:31.160 --> 01:03:32.360
What can't I do?

1227
01:03:32.360 --> 01:03:36.440
Like, where's the high levels of problems?

1228
01:03:36.440 --> 01:03:38.320
My job is to make sure you guys understand

1229
01:03:38.320 --> 01:03:40.280
that these are issues first.

1230
01:03:40.280 --> 01:03:43.800
Now you can take these and then do something with it

1231
01:03:43.800 --> 01:03:46.080
while before you may not even have known

1232
01:03:46.080 --> 01:03:46.920
that it was an issue.

1233
01:03:46.920 --> 01:03:49.600
So let me get to Mark and Gail and then close.

1234
01:03:49.600 --> 01:03:51.440
And obviously we got three more days together

1235
01:03:51.440 --> 01:03:53.160
so we can dig in more, Michelle.

1236
01:03:53.160 --> 01:03:56.640
So Mark, you are up my friend.

1237
01:03:56.640 --> 01:03:59.800
Hey man, I'm doing well and you're awesome, bro.

1238
01:03:59.800 --> 01:04:00.640
Oh, thank you.

1239
01:04:00.640 --> 01:04:01.480
I appreciate you.

1240
01:04:01.480 --> 01:04:02.320
Thank you.

1241
01:04:02.320 --> 01:04:07.200
Yeah, so I created a skit with music and dance.

1242
01:04:07.200 --> 01:04:11.520
However, it's for evangelistic purposes.

1243
01:04:11.520 --> 01:04:15.120
And so based on what I'm hearing,

1244
01:04:15.120 --> 01:04:19.200
I mean, I'm using music that is copyrighted.

1245
01:04:19.200 --> 01:04:20.880
I'm using snippets of music.

1246
01:04:20.880 --> 01:04:25.400
So, I mean, I guess maybe in a church it could be done

1247
01:04:25.400 --> 01:04:27.120
because I guess they're paying royalties,

1248
01:04:27.120 --> 01:04:30.040
but I guess what about in an open forum?

1249
01:04:30.040 --> 01:04:33.080
What, I mean, likelihood of getting sued would be slim,

1250
01:04:33.080 --> 01:04:35.880
but am I not allowed to do that?

1251
01:04:35.880 --> 01:04:36.920
It's a good question.

1252
01:04:37.600 --> 01:04:40.200
So I can tell you one thing in particular,

1253
01:04:40.200 --> 01:04:42.480
like if you look at the past in translation,

1254
01:04:44.520 --> 01:04:46.240
oh, I don't know, my wife has it.

1255
01:04:47.080 --> 01:04:47.920
Yeah, my wife has it.

1256
01:04:47.920 --> 01:04:51.120
If you look right after, I know Larissa knows this.

1257
01:04:51.120 --> 01:04:53.000
If you look after like, I don't know,

1258
01:04:53.000 --> 01:04:54.760
maybe three pages into it,

1259
01:04:54.760 --> 01:04:57.200
there's a license there that says that you can use up to,

1260
01:04:57.200 --> 01:04:59.240
what is it like 25 pages?

1261
01:04:59.240 --> 01:05:00.080
I think it's two.

1262
01:05:00.000 --> 01:05:03.600
and 50 either verses or passages. I know it's like two five

1263
01:05:03.600 --> 01:05:06.800
something. I don't know. Well, it always comes up. Yeah, like

1264
01:05:06.800 --> 01:05:15.600
it shows you how much you have 15% and no more than 15%. But in

1265
01:05:15.600 --> 01:05:18.120
the book, it literally tells you how much of the content you can

1266
01:05:18.120 --> 01:05:23.240
actually use. So if you're using in ministry, if you're using in

1267
01:05:23.240 --> 01:05:26.920
song, I would look at the original work and see whether or

1268
01:05:27.480 --> 01:05:31.000
especially if it's a Bible or if it's a, I know there are

1269
01:05:31.000 --> 01:05:35.200
certain specific artists that will allow you to use their

1270
01:05:35.200 --> 01:05:38.640
songs. I don't know if you know, William Augusto, I actually

1271
01:05:38.640 --> 01:05:43.360
reached out to him. And because I want to see he has amazing,

1272
01:05:43.360 --> 01:05:47.280
like just truly amazing soaking music. And so I wanted to be

1273
01:05:47.280 --> 01:05:50.360
able to use his soaking music when I was doing ministry. So I

1274
01:05:50.360 --> 01:05:52.800
reached out to him never heard from him, but offered to send

1275
01:05:52.800 --> 01:05:56.200
him money, just for the right to be able to use his music in the

1276
01:05:56.200 --> 01:05:59.400
background as I'm training people. But at the same time,

1277
01:05:59.680 --> 01:06:03.800
when my videos were on YouTube, they were getting nailed for

1278
01:06:03.800 --> 01:06:06.280
copyright infringement. They were all getting flagged

1279
01:06:06.280 --> 01:06:08.920
because it recognized the song and it said, Oh, that song

1280
01:06:08.920 --> 01:06:13.120
belongs to William Augusto. So therefore, you can't make money

1281
01:06:13.440 --> 01:06:16.200
on this video. Well, my purpose wasn't to make money anyway. So

1282
01:06:16.200 --> 01:06:19.560
I didn't care. Right? You know, so so this is kind of a long way

1283
01:06:19.560 --> 01:06:22.520
of saying to you, go to the original source, see whether or

1284
01:06:22.520 --> 01:06:24.840
not a license is actually necessary from the original

1285
01:06:24.840 --> 01:06:28.160
source. But the fact that it matters if it's a musical work,

1286
01:06:28.160 --> 01:06:31.080
if I take portions of the musical work, and I put it into

1287
01:06:31.080 --> 01:06:35.200
my work, then that's copyright infringement. Now, if I'm doing

1288
01:06:35.200 --> 01:06:38.400
it through a church, church, there are certain churches that

1289
01:06:38.400 --> 01:06:44.480
actually have licenses for using certain songs. This is why

1290
01:06:44.720 --> 01:06:47.440
there's certain songs that they play a lot, because they have a

1291
01:06:47.440 --> 01:06:51.840
license for it. And so I would go back to the church and figure

1292
01:06:51.840 --> 01:06:54.760
out what their license agreement is. And then figure

1293
01:06:54.760 --> 01:06:58.400
out if I'm like a member of the church, if I'm a board member,

1294
01:06:58.400 --> 01:07:01.000
or you know, somebody who actually can be considered a

1295
01:07:01.000 --> 01:07:04.160
member of the of the church for purposes of creating this work,

1296
01:07:04.160 --> 01:07:07.440
and that work is being used for the church, then if it falls in

1297
01:07:07.440 --> 01:07:10.840
a license, I'm fine. If it doesn't, I can run into a

1298
01:07:10.840 --> 01:07:15.600
problem, which is unfortunate. So I can tell you this one

1299
01:07:15.600 --> 01:07:19.040
thing. There is and then I'm gonna like I said, I'm gonna

1300
01:07:19.040 --> 01:07:21.800
close with Gail because I know we're going over guys, but I

1301
01:07:21.800 --> 01:07:23.720
want to make sure I cover this stuff for you. Because tomorrow

1302
01:07:23.720 --> 01:07:30.400
we're jumping into trademarks. In in music, there are you can

1303
01:07:30.400 --> 01:07:33.800
actually have a single word to be the essence of the musical

1304
01:07:33.800 --> 01:07:38.960
work. Right? Like I can just say out to you guys, mama, that

1305
01:07:38.960 --> 01:07:43.160
that's it. Everybody should know the song. Right? That's it. Like

1306
01:07:43.200 --> 01:07:48.480
so if anybody grabs that one portion of that eight minute

1307
01:07:48.480 --> 01:07:53.400
track, it's copyright infringement. I mean, that kind

1308
01:07:53.400 --> 01:07:56.720
of blows my mind. Like when people were thinking, well,

1309
01:07:56.720 --> 01:08:00.720
can't I copy 30 seconds or, you know, it's only 10 seconds. I

1310
01:08:00.720 --> 01:08:03.680
just literally took one second and I committed copyright

1311
01:08:03.680 --> 01:08:06.680
infringement because that one portion is the essence of the

1312
01:08:06.680 --> 01:08:09.520
work. So it comes down to essence of the work in the

1313
01:08:09.520 --> 01:08:14.240
analysis. So let me let me take Gail. Let me take. Absolutely.

1314
01:08:15.480 --> 01:08:18.040
Thank you, Mark, for your question. So Gail, let me go to

1315
01:08:18.040 --> 01:08:19.840
you, my friend, and then we will close.

1316
01:08:20.359 --> 01:08:25.600
Okay, so I have a question about packaging for food products.

1317
01:08:25.680 --> 01:08:30.720
Oh, cool. Is that yours? Yes. So this has a couple of things.

1318
01:08:31.160 --> 01:08:33.399
I'm sorry, this is way more important than your question.

1319
01:08:33.399 --> 01:08:37.760
Can you send me some right now? Okay. All right. Good.

1320
01:08:38.279 --> 01:08:39.479
Albertson's.

1321
01:08:39.920 --> 01:08:43.240
There you go. All right. I'm all for this. We got a deal.

1322
01:08:43.680 --> 01:08:45.760
Just in the Boise area, but we're getting ready to go

1323
01:08:45.760 --> 01:08:46.880
national in January.

1324
01:08:48.040 --> 01:08:52.920
That's awesome. So this is my question. So this particular of

1325
01:08:52.920 --> 01:08:57.000
every package of food that I put out, depending on what it is, I

1326
01:08:57.000 --> 01:09:02.960
make sure that my clients get a trademark on their logos and on

1327
01:09:02.960 --> 01:09:05.680
their business names and that they're they have all those

1328
01:09:05.680 --> 01:09:11.240
assets. But my question is, does the overall design have to be

1329
01:09:12.000 --> 01:09:13.680
copyrighted or trademarked?

1330
01:09:14.279 --> 01:09:18.120
Just love you, Gail. It's so good. Yes. So that's actually

1331
01:09:18.120 --> 01:09:22.479
called trade dress. It's it's a body of law that most people

1332
01:09:22.479 --> 01:09:26.640
don't know about. Well, we're going to talk about that either

1333
01:09:26.640 --> 01:09:30.000
tomorrow, probably talk about that in detail, you're going to

1334
01:09:30.000 --> 01:09:32.640
have to understand some of the basics of trademarks before we

1335
01:09:32.640 --> 01:09:35.399
go into trade dress because trade dress is very complicated.

1336
01:09:36.000 --> 01:09:40.520
Okay, think of it this way. When you walk into a McDonald's, you

1337
01:09:40.520 --> 01:09:44.880
know, it's McDonald's. When you walk into an IHOP, you know,

1338
01:09:44.880 --> 01:09:49.160
it's an IHOP. Like, there's a look and feel to the room. Well,

1339
01:09:49.160 --> 01:09:53.600
there can be a look and feel to packaging too. All right. Okay.

1340
01:09:53.600 --> 01:09:58.400
And so there's this thing called trade dress, which is which is

1341
01:09:58.400 --> 01:09:59.920
literally like protecting the

1342
01:10:00.000 --> 01:10:04.560
look and feel of what you're creating. But the big thing is

1343
01:10:04.560 --> 01:10:07.120
that it needs to be consistent, like you can't do it one way,

1344
01:10:07.120 --> 01:10:09.800
one time, another way, another time, like trade dresses

1345
01:10:09.800 --> 01:10:13.200
consistent, it's always this way, it always looks that way.

1346
01:10:13.440 --> 01:10:16.960
Now, there's another body of law, that's called design

1347
01:10:16.960 --> 01:10:22.840
patents. Right now, if you think as an example, the old Coca Cola

1348
01:10:22.880 --> 01:10:26.360
bottle, remember the old Coke, let me see if I can find it. So

1349
01:10:26.360 --> 01:10:31.520
everybody, for those, those people that are not as old as

1350
01:10:31.520 --> 01:10:38.640
myself, I would say Co, Cola bottle old. Alright, so this is

1351
01:10:38.640 --> 01:10:42.200
the old Coca Cola bot. Alright, let me share my screen real

1352
01:10:42.200 --> 01:10:51.200
fast. So this look right here. There, this right here. This is

1353
01:10:51.200 --> 01:10:55.920
the old Coca Cola bottle. It kind of actually this one's even

1354
01:10:55.920 --> 01:11:00.840
better. There's a bunch of different ones. But the old these

1355
01:11:00.840 --> 01:11:05.480
the old ones. Okay, here we go. This is pretty cool. It gives

1356
01:11:05.480 --> 01:11:10.520
you the the distinctive bottles that they had. This look right

1357
01:11:10.520 --> 01:11:19.080
here in 1916 to 1957. This kind of like, you know, it's it's

1358
01:11:19.080 --> 01:11:22.480
kind of like that hourglass kind of look, you know, that that

1359
01:11:22.480 --> 01:11:26.000
shape, that actually is is protectable on a design path.

1360
01:11:27.240 --> 01:11:31.360
So we did, I did get a design patent on the package itself,

1361
01:11:31.360 --> 01:11:37.040
because this pouch is we've never brought a milkshake to the

1362
01:11:37.040 --> 01:11:40.600
market before, because you can't freeze milkshakes at grocery

1363
01:11:40.600 --> 01:11:43.720
store temperatures, because milkshakes are at 18 to 22.

1364
01:11:43.960 --> 01:11:46.320
Grocery stores are at negative three. So I invented this

1365
01:11:46.320 --> 01:11:50.320
packaging. This pouch has an air barrier inside that protects the

1366
01:11:50.320 --> 01:11:53.320
ice cream. So we got a patent on that. But I actually got the

1367
01:11:53.320 --> 01:11:53.840
patent.

1368
01:11:54.120 --> 01:11:55.600
Well, you got a utility patent.

1369
01:11:56.160 --> 01:11:59.600
Yes. And I got a patent and we're applying for the attorney

1370
01:11:59.840 --> 01:12:04.520
is now applying for a patent as milkshake as a product. So

1371
01:12:04.520 --> 01:12:04.960
we've got

1372
01:12:05.360 --> 01:12:07.200
again, that would be a utility patent.

1373
01:12:07.560 --> 01:12:09.120
Again, okay, I thought it was a design.

1374
01:12:09.120 --> 01:12:13.240
So there's your your prime for like, your prime for an audit.

1375
01:12:13.240 --> 01:12:15.760
So just so you understand the breakdown of the stuff, whether

1376
01:12:15.760 --> 01:12:18.040
you do it or not, I'm just letting you know, because you

1377
01:12:18.040 --> 01:12:21.040
have so many aspects for what you're creating. There's the

1378
01:12:21.320 --> 01:12:24.760
there's the design aspect of the logos, the trademarks, but then

1379
01:12:24.760 --> 01:12:27.200
separately, there's the look and feel, which is trade dress

1380
01:12:27.200 --> 01:12:29.560
separately, you've got the patent stuff that you talked

1381
01:12:29.560 --> 01:12:33.080
about. But even on top of that, you've got some copyright issues

1382
01:12:33.080 --> 01:12:37.360
that are potentially associated with this as well. And you're

1383
01:12:37.360 --> 01:12:40.600
doing this, are you creating this packaging for your clients?

1384
01:12:40.600 --> 01:12:44.600
Are you? So you're doing this in volume for different clients?

1385
01:12:44.760 --> 01:12:48.760
Right? I'm the broker. So I'm the art, I my food side of my

1386
01:12:48.760 --> 01:12:52.600
company does all the R&D. We do all we find the designers, we've

1387
01:12:52.600 --> 01:12:55.640
designed the we do everything to get it to become something that

1388
01:12:55.640 --> 01:12:59.040
you can sell. And then I have a time pass to my brokerage

1389
01:12:59.040 --> 01:13:01.280
division where we sell this stuff into the retailers.

1390
01:13:01.320 --> 01:13:03.680
Absolutely love it. I may actually send you people send

1391
01:13:03.680 --> 01:13:08.240
you clients. So here's, here's the thing is that you've now got

1392
01:13:08.280 --> 01:13:11.800
multiple tiers of issues, you've got people that are creating for

1393
01:13:11.800 --> 01:13:15.440
you. So you need do you have the agreements with those

1394
01:13:15.440 --> 01:13:17.640
parties that they assign our right title and interest to

1395
01:13:17.640 --> 01:13:19.200
everything they create over to you,

1396
01:13:19.800 --> 01:13:23.360
over to my client, for design stuff that my client pays for

1397
01:13:23.360 --> 01:13:27.080
their design, I let I have my client own it. If it's something

1398
01:13:27.080 --> 01:13:29.840
that I developed, like the technology, which sometimes

1399
01:13:29.840 --> 01:13:34.520
happens, or if I develop the formula, then I hold that I own

1400
01:13:34.520 --> 01:13:38.520
that piece. And then I license it over.

1401
01:13:38.840 --> 01:13:40.560
Yeah, that's really good. How long ago?

1402
01:13:40.560 --> 01:13:44.080
This is why I'm afraid, because this technology, we've already

1403
01:13:44.080 --> 01:13:47.640
been contacted by another ice cream company who wants to use

1404
01:13:47.640 --> 01:13:50.080
it, which I'm happy to let them but they have to license.

1405
01:13:50.440 --> 01:13:54.040
They're like, not only Yeah, but there's multiple tiers to this.

1406
01:13:54.040 --> 01:13:58.480
So you're, this is why you need to, and I'm not I'm not trying

1407
01:13:58.480 --> 01:14:01.960
to push I'm just telling you, the reason why is it's multi

1408
01:14:01.960 --> 01:14:05.000
tier, you're in the beginning stage of the growth of a certain

1409
01:14:05.000 --> 01:14:07.880
technology that is going to take off because if you're doing what

1410
01:14:07.880 --> 01:14:11.360
I think you're doing, you're about to take off. All right,

1411
01:14:11.360 --> 01:14:13.760
because there's this is not the only industry that that

1412
01:14:13.760 --> 01:14:16.520
technology is needed. And I can think of a few other industries.

1413
01:14:16.800 --> 01:14:20.040
So you need to actually create non exclusive license for step

1414
01:14:20.040 --> 01:14:23.600
ladders. There's a there's a step ladder license plan that

1415
01:14:23.600 --> 01:14:27.840
you can create, where people are giving you like certain royalties

1416
01:14:27.840 --> 01:14:30.040
at a certain phase, and it increases at different

1417
01:14:30.040 --> 01:14:32.560
increments for different volumes. But then it's different

1418
01:14:32.560 --> 01:14:35.960
for different industries, and you select which one can use it

1419
01:14:35.960 --> 01:14:39.760
for which industry, like, you want to go through all of that.

1420
01:14:39.920 --> 01:14:43.480
So you have a strategic plan, that when somebody comes into

1421
01:14:43.480 --> 01:14:47.120
your plan, there's consistency, because here's the thing is

1422
01:14:47.120 --> 01:14:50.200
that if you don't have consistency with your licensing

1423
01:14:50.200 --> 01:14:53.720
plan, then if somebody ever infringes, I'm a patent

1424
01:14:53.720 --> 01:14:56.480
litigator, like I've litigated all over the United well, not

1425
01:14:56.480 --> 01:15:00.040
all over in about six different states. So

1426
01:15:00.000 --> 01:15:02.920
the first thing that they look at is what's the licensing plan.

1427
01:15:02.920 --> 01:15:05.200
If it's inconsistent, they look to take

1428
01:15:05.200 --> 01:15:09.120
the royalty of the lowest license that was ever created.

1429
01:15:09.120 --> 01:15:11.240
And they say that that's what the royalties should

1430
01:15:11.240 --> 01:15:12.520
be based on.

1431
01:15:12.520 --> 01:15:14.240
You don't want that.

1432
01:15:14.240 --> 01:15:16.880
So you've got to make sure that there's consistency.

1433
01:15:16.880 --> 01:15:18.960
There's all sorts of secret sauce to it.

1434
01:15:18.960 --> 01:15:21.200
And we can cover all this within the three hours.

1435
01:15:21.200 --> 01:15:26.120
But I would look at that because you're ready.

1436
01:15:26.120 --> 01:15:28.120
And I'm like, I love the fact that you

1437
01:15:28.120 --> 01:15:29.280
identified trade dress.

1438
01:15:29.280 --> 01:15:31.320
That just gave me goosebumps.

1439
01:15:31.320 --> 01:15:33.200
Like, I was just like, oh, she's got it.

1440
01:15:33.200 --> 01:15:34.240
She's got it.

1441
01:15:34.240 --> 01:15:35.800
So like, yeah, you're right there.

1442
01:15:35.800 --> 01:15:37.080
I'm very, that's awesome.

1443
01:15:37.080 --> 01:15:38.360
I'm glad you're here.

1444
01:15:38.360 --> 01:15:39.560
OK, thank you.

1445
01:15:39.560 --> 01:15:40.360
You're so welcome.

1446
01:15:40.360 --> 01:15:41.360
All right, everybody.

1447
01:15:41.360 --> 01:15:42.120
I'm going to close.

1448
01:15:42.120 --> 01:15:45.200
I hope this was helpful for everybody.

1449
01:15:45.200 --> 01:15:46.960
I hope you enjoyed this.

1450
01:15:46.960 --> 01:15:51.040
I hope this is proving to be valuable to all of you

1451
01:15:51.040 --> 01:15:52.400
for your businesses.

1452
01:15:52.400 --> 01:15:55.960
I'm getting a lot of good feedback.

1453
01:15:55.960 --> 01:15:58.440
If there's one specific thing that kind of spoke to you,

1454
01:15:58.440 --> 01:16:02.000
please go into Facebook, go live, say what it was.

1455
01:16:02.000 --> 01:16:05.200
Because it's going to help a lot of people.

1456
01:16:05.200 --> 01:16:07.240
Like, I am so grateful for this opportunity

1457
01:16:07.240 --> 01:16:07.960
to train all of you.

1458
01:16:07.960 --> 01:16:09.160
And at the same time, I want to make sure

1459
01:16:09.160 --> 01:16:11.200
that other people are learning from you.

1460
01:16:11.200 --> 01:16:13.360
Because as you're learning, here's

1461
01:16:13.360 --> 01:16:14.520
one thing that I always say.

1462
01:16:14.520 --> 01:16:16.240
This is my own quote.

1463
01:16:16.240 --> 01:16:18.120
I've said this for years, is that if you

1464
01:16:18.120 --> 01:16:20.800
get to the top of the mountain and you're alone,

1465
01:16:20.800 --> 01:16:22.520
you did something wrong.

1466
01:16:22.520 --> 01:16:25.280
You should never be at the top of the mountain by yourself.

1467
01:16:25.280 --> 01:16:27.320
There should be somebody else there

1468
01:16:27.320 --> 01:16:29.760
to help enjoy the view with you.

1469
01:16:29.760 --> 01:16:31.920
And so as you're growing and learning things,

1470
01:16:31.920 --> 01:16:32.960
share it with others.

1471
01:16:32.960 --> 01:16:36.120
So if you would please do that, that would be awesome.

1472
01:16:36.120 --> 01:16:39.080
All right, so we're going to close now.

1473
01:16:39.080 --> 01:16:41.600
If anybody has any questions, Larissa

1474
01:16:41.600 --> 01:16:43.320
is going to be here for a little bit.

1475
01:16:43.320 --> 01:16:47.200
And not that long, not that long, not that long.

1476
01:16:47.200 --> 01:16:49.920
All right, so I'll see all you guys tomorrow.

1477
01:16:49.920 --> 01:16:52.440
We're going to jump deep into trademarks.

1478
01:16:52.440 --> 01:16:54.440
We're going to go into real life situations.

1479
01:16:54.440 --> 01:16:56.680
We're going to do trademark searching together

1480
01:16:56.800 --> 01:16:59.080
on Wednesday, Thursday.

1481
01:16:59.080 --> 01:17:03.040
On Thursday, we are going to do a trademark application live,

1482
01:17:03.040 --> 01:17:05.000
only in VIP.

1483
01:17:05.000 --> 01:17:08.560
All right, meaning you guys get to see every single step

1484
01:17:08.560 --> 01:17:11.800
that's done, what every single thing means,

1485
01:17:11.800 --> 01:17:14.280
what you need, what you don't need.

1486
01:17:14.280 --> 01:17:17.600
I'll break it all down for you so you guys have it, okay?

1487
01:17:17.600 --> 01:17:18.640
Have a great night, guys.

1488
01:17:18.640 --> 01:17:20.200
Take care, I'll see you tomorrow.
