Welcome everybody to day two. Day two of VIP. So we've covered a lot already. We've had
copyrights for two days. We're going to be jumping into trademarks. I wanted to cover
a little more here on subject matter for copyrights, because you guys are actually implementing
things and most of the people that are in VIP actually have live situations. And so
they want to kind of give an assessment of how, how do I deal with something in my specific
scenario? Now I've got a bunch of different emails from a few of you. And so what, one
of the things that you guys get that others don't is that you actually get to email me.
You can email at support at elite-challenges.com. And I can go through some of your questions
live. And so I saw a few different ones. One of them we're going to be covering in on trademark
day, which is tomorrow. So we'll address that then. Another one was somebody who was a business
coach had a lot of questions with regard to what do they do about the content that
they have to stop people from stealing their content. And let's see, there's another one.
Here we go. All right. This is what I want to get into now. So there's a question by
an individual who's in this group who is an artist. And what her question is, is how do
you actually stop others from stealing your work on the internet? Okay. So let me ask
this. I'm just going to put it on gallery view real quick. All right. So how many people
here are artists just by a show of hands? Actually, we got to do so. Okay. We've got
a few. I can't for the people that are just showing their names. I can't tell. All right,
there we go. You get that. So we've got a few. All right. So here's the issue. Here's
the issue. So Natalie is obviously, because it was Natalie's question. So yeah, you can
unmute.
Hi, Peter, everyone. I'm an artist and I'm a clothing designer.
That's phenomenal. Yeah. Anita is a clothing designer as well.
That's what I realized. I was so excited that she had those questions that she had because
it really helped me.
Absolutely. And it's interesting because one of the biggest issues right now, and I don't
mean to make the entire Protector Idea Challenge focused on AI because it's not. It's just
the beginning of it is heavy AI because a lot of copyright issues are hitting. They're
big AI issues as well. So I gave all of you an extra perk by throwing that in as well.
I kind of squeezed extra material in from what I would normally add. And Keith was amazing.
Keith was just amazing today. So that's just that is invaluable because he doesn't do that.
He doesn't just show up and answer questions. So we were very blessed by that. But so here's
the question. The question is, if I am an artist, like, let's say I'm doing paintings.
I've got a painting, right? Let's see. I've got one over here. Let me see if I can get
you guys to see it. There's one painting there. That's an original work by Lynn Linesky.
There's another one over here. That's actually a Lynn Linesky. That's her original painting
there. There's a bunch of there's another a number of prophetic art pieces in my office.
Let's put it that way. There's a lot of them. And so let's say that original artist says,
well, hold it. I want to sell my work. Like, I want to sell my work to the public.
How do I sell my work and make sure that somebody doesn't just go online, right click the image,
click Save As, save it onto their hard drive, then put it onto a thumbnail, go to the local
camera shop, and then ask them, hey, take this image here and turn this into a, you know, a
two foot image to put on my wall, a two foot photograph essentially to put on my wall.
How do I stop that? So let me give you some ideas. I've actually coached a number of artists
in this specific area. So I'm going to give you a number of the things that I tell these artists,
and you can apply it to your own businesses. Number one,
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.
You need to bring with you something to protect that work. Okay.
Now, there I saw once before I'll see if I can find it.
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.
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.
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.
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.
I don't like that for a number of reasons. Number one, it can damage the work.
Number two, what does everybody do?
They move the sign and they take the picture. All right, that's what they all do.
They literally will move the sign, take the picture, then put the sign back. The sign that literally says don't take a picture.
It kind of blows my mind. They'll do whatever they want.
All right, so that's at a simple level if you're in a public forum, but what about the digital works?
This is what I would do.
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.
Because it's just too low of a resolution to actually render something that is usable.
Okay, so that's the second thing I would do.
Now, the third thing I would do is I would take that low resolution image and I would literally watermark it.
What some people do is they'll watermark something.
I hate to tell you this, but there are software programs that will remove a watermark like that very easily.
All it does is it gets rid of the layering.
That's all it does.
And then boom, the first layer comes off.
Oh, watermark's gone. Very simple.
And they go and print off the other thing.
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.
If you can do that, then it's going to be so difficult to create something that is usable out of your final work.
It's going to be so hard that people are just not going to bother.
But at the same time, they still get an idea of how to use it.
Now, that's three things, right?
So we've got low, or is it two?
Two. Low resolution.
We've got watermarking.
That's two.
Third thing you're going to do is you're going to put your copyright notice on your low resolution watermarked image.
You're going to put a copyright notice on it as well.
Okay.
Oh, David, that's exactly right.
Yeah.
Then flatten the image and save the image and use this as your upload file.
Exactly.
That's exactly right.
Yes.
So these are multiple things you need.
And you need to do this as an artist because your entire revenue stream is based upon what you create.
Like it's your work that's created.
So because of that, it's really important that you go low res, watermark, flatten.
You can, on top of that, put your copyright notice.
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.
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.
It should be literally right there so that everybody can see it.
Everybody knows, anytime that they're working
with any of your artistic works,
they know it's protected in the copyright law, okay?
Those are four things you should be doing as an artist.
Now, is it a lot of work?
Yeah, it can be.
It can be.
It can be a lot of work to turn things into low res
and watermark and flatten
and put your copyright notice on.
It could be a lot of work,
especially if you're doing,
especially if what you did was
you just did the Protect Your Idea Challenge,
you realized you had certain legal rights
under copyright law,
now you gotta go back and mark everything you have.
Like that, that can be difficult, all right?
So if that's the case, you're going backwards,
which I gotta tell you, year after year,
well, not year after year,
but month after month when we've run this challenge,
people typically panic after day one.
Like day one, day two, they start panicking
because they go, oh my gosh, I haven't marked anything.
I haven't like protected anything.
There's all these things.
I can't protect 30 things at once.
So here's me guiding you on this.
Don't worry.
The only difference between today and yesterday
is that now you have more knowledge.
That's all.
That's the difference.
So now you have more knowledge.
You just apply it and you figure out
which things to protect first, second, third.
You just kind of walk through that, guys,
and it's not that difficult
if you take it like that, step by step, okay?
Don't get overwhelmed.
No reason to get overwhelmed.
I'm gonna show you guys the copyright website.
We kind of touch base on this real fast.
Let's see.
All right, so if you go to,
all right, let me share the site here with everybody.
Let me close this.
Here we go.
All right, this is a copyright site.
Let me close everything else up.
I wanted to show you guys
the artificial intelligence portion,
just in case you're trying to get to it.
Right down here, you see quick links.
Just click on Copyright and Artificial Intelligence,
and there's a whole mess of content here,
whole mess of content.
You can watch prior videos.
You can do all sorts of different stuff with it, okay?
So that's there,
but letting go of artificial intelligence for the moment.
Let's say you have something like a book
and you want to protect your book.
Just go to Registration, go down to Literary Work,
click on that.
Now, there's different ways that you can protect it.
I would just literally go through the tutorial.
Standard Application Tutorial.
You click on that.
It tells you every single step for following the work.
If you already know how to file it,
all you have to do is click on
Register a Literary Work over here,
and then it's gonna ask for your registration information.
Your user ID and password.
Everybody is going to have to create a user ID and password
if you're gonna file for legal rights.
You have to use this site,
and so you have to create your own username or password.
It's right down here.
If you're a new user, click here to register.
You click on that,
and then you fill out all the information.
So I'm just gonna show you a real simple,
Anthony, let's say,
Niavas, let's say,
funguyatarmel.com.
User ID, you create your own user ID.
Let's just say FIRST Robotics.
That's actually a company.
Actually, let me just call it FIRST.
FIRST, and then password.
What is this?
User ID needs to be at least six characters in length.
He tries again.
All right, FIRST1.
Okay, okay, okay.
I won't let you get back in.
He broke it.
Anyways, you have to go through that registration process
after you click on Register a Literary Work.
I already have my own username and password,
but each one of you have to create that.
Then you just enter this,
and it takes you right to the forms.
It's really, really straightforward.
If you're not sure how to do that,
all you have to do is click on Standard Application,
watch the video.
Really straightforward to use.
There's a short form TX.
There's a form TX.
There's a short form TX.
Most of you guys will probably fill out this form TX.
You can access it all right from that same button.
Very straightforward process.
Now, if you're going to do some other kinds of works,
they should all be in here, like visual arts.
Like if you're doing any of your like paintings,
any of your computer graphic works, things like that,
you've got things that are fall under visual arts.
And then separate from that,
here's where people get, have trouble.
They're trying to figure out, do I put NFTs
or do I put digital work under visual arts?
So actually it doesn't belong on the visual arts.
It belongs under,
there's a separate category called digital content.
And so you can use the digital content button
and use that as well.
If you're not sure if it's covered or not,
again, just watch the video.
Video is very straightforward, okay?
If you still have questions
after you've gone through the video
and you go through the audit and you're in our network,
you can ask questions anytime we'll walk you through it,
how to actually do an actual filing.
All right, so I just wanted to kind of show you that
because it's kind of straightforward.
Hold on a second.
All right, I just got a question from Richard.
Richard, you're out there in Hawaii.
How are you, brother?
You're looking good out there.
Let me unmute you, unmute.
How are you?
Hey, no, it's Florida.
Oh, Florida, okay, that works, that works too.
It's Florida?
Yeah, it's just a virtual background.
So I'm just, you know, I wrote to you and Ray about this,
that, you know, it's like, this stuff's like calculus to me.
Oh, no problem, no problem.
Let's take a look.
So, you know, so I know I've messed this up because-
That's okay.
I'm not that far into it.
So I guess I have to go back based on what I wrote there.
You know, I have a financial planning business,
which I got to deal with,
but I just opened this bookkeeping business as well.
Okay.
I didn't see the name there when I went to the USPTO
or whatever the name of that is.
And it wasn't there in a Florida division of corporation.
So I registered it in Florida as an LLC,
but I didn't do anything with these other sites
to, you know, copyright it,
see if the domain name was available or anything.
And I'm not that far into it.
So, you know, I can, you know, I can change things.
So I guess I got to go back, right?
That's good.
No, that's good.
That's good.
And it's good that you raised it.
So what you're talking about is trademarks,
which we're going to go into tomorrow,
but I'll answer your question today anyway.
So the, so if you've got a,
you've got a new company
and you go into the secretary of state site
and you actually register the name,
the business name with the state,
so everybody understands that is not a trademark.
What do you mean secretary of state?
You mean my state like Florida, the way I did it here?
Right, right.
So let's say you go into a matter of fact,
I'm going to walk everybody through an example of this.
Cause this is, how many people here have a business?
Like LLC?
Yeah, this is like everybody.
All right.
So, you know what?
This is so important, Richard, you're such a blessing.
Like you're raising an issue that everybody has.
So let me just go right into this.
So I'm going to go to,
matter of fact, I'll go into Florida,
Florida state secretary of state site corporate name search.
Let's go to Florida search records.
Okay, division of corporations.
Okay, so here is the,
I actually before, I mean, I know Richard,
but I'm going to say this anyway.
This is not legal advice guys.
Okay, none of this is legal advice.
This is definitely not legal advice.
Okay.
I drank half my cup when I said that one.
All right, here we go.
So let me walk you guys through an example
of somebody brilliant like Richard
and others that are here.
How exactly is it that we go through
the deciding on this name and is it a problem
when I'm starting to create a business?
This right here is the secretary of state site for Florida.
So I go in here and I'm going to drop the link.
Let me just grab the link from here.
Oh, copy.
Let me just throw it in the chat
so people can look along or try it on their own.
So choose, right click, paste, there we go.
Okay, all right.
So I go in here and I say, okay,
well, I've got a new potential business.
So I look under corporations,
limited liability companies, LLCs, LPs, trademarks, right?
I do like how they do this.
All right, so here's it.
Florida does something very, very different
from a lot of other states.
They actually allow you to search state trademarks as well.
That's a good thing, guys.
That's a very good thing because most states do not do that.
So Florida actually is doing something
that's very beneficial.
It's allowing you to search their state trademark database,
not the federal one, but the state one.
So now if I look up name, search by name,
and so I look up, let's say,
let's say the company name is, I don't know, Microsoft.
And I say, search now, Microsoft, search now.
Now, look at all these companies as pop-up, right?
Microsoft Software.
These are all the registrations within the state,
in the state of Florida.
So let's say I come up with a new name
that hopefully doesn't exist.
So let's say it's
Grooey.
Grooey, that's the name, Grooey.
What?
Let's say a Grooey exists.
Get out of here.
Let's see.
Let me back up.
Okay, we're gonna start from scratch.
Let's do something that I don't believe exists
because I created this word myself, FestJef.
That's the word I created.
So when I do a quick search,
I see like Fee, Feco, Fest, whatever, next list.
Any FestJef?
No, no.
Any FestJef?
No, no.
It's all alphabetical.
Yeah, yeah.
So I just keep going down.
Feshier.
Oh, wow.
So my name's Feshier.
So I go through.
Nothing yet.
Almost done.
When you have to do a lot of stuff in court very fast,
you get to learn how to read very fast.
Oh, let's see.
So even though it's alphabetical,
are you looking through the others
just to make sure that it's not,
like if space is different or?
Yeah, exactly.
Okay.
That's exactly right.
Is that Vicky?
Yep.
Yeah, that's Vicky.
You were a paralegal, right?
I was a long time ago.
Yeah, so you get it.
That's exactly right.
So yeah, so when I have a specific word
and I'm doing a search
and you guys are gonna learn this tomorrow
when we go into detail on trademark searching.
When I do a review,
I'm not just looking for the exact spelling.
I'm looking for things that are similar,
like phonetically similar, anything even close, right?
Well, let's say I go through this whole list.
Let's say I'm done with the whole list.
And when I'm done, I say, you know what?
There is no F-E-S-C-H-E-F-T.
Let's say there is no F-E-S-C-H-E-F-T,
nothing that sounds like it.
So I believe I can own it, right?
Here's the problem.
This is called a corporate name search.
Now, the beauty of Florida is that they include in it
a trademark name search, meaning the state registrations.
So when I search, I look for state registrations,
but again, it doesn't include federal registrations.
Like if you filed a trademark application
with the United States Patent and Trademark Office,
it does not include that.
And so for that reason, you cannot rely upon the results
from the Secretary of State site.
So what do I do?
Like Richard's got this great idea.
He looked at the Secretary of State site.
It sounds great.
It looks like the name's available.
The very next thing you do is you go to the USPTO website
and you do a search,
which I'm gonna show you how to do tomorrow.
I'm gonna walk you through that.
Quick question for you, sir.
Yeah, absolutely.
On that Florida one, it said trademark.
So do I, once I get the trademark from the federal site,
can I use that trademark on the Florida site
or no, I gotta make something else up?
And is it required to get one on the Florida site?
Great, again, a great question.
So we're gonna be covering this a lot tomorrow, guys,
on Trademark Day, but just so everybody gets a preview,
if you have a federal registration,
you do not need a state registration.
A federal registration includes all of the United States.
Oh, okay.
That's the beauty of filing one,
this is why I actually added the trademark application
into the package, into the audit package,
because usually during the audit,
we're talking about products, services, business names.
people are trying to figure out, should I use this name?
Should I, should I not?
I'm not sure.
And then finally we come up with, yes,
this name we're going to use going forward.
At that moment,
you want to be able to file a trademark application.
So why not include it all?
So that's why we actually have that in the audit package.
It's all done at once.
So to answer Richard's question,
when you go to the secretary of state side,
you see that it's clear.
That does not mean that the name is clear.
It means the business name is clear.
It doesn't mean that the trademark is clear.
Because on the sec,
on the secretary of state site for Florida,
it's a state trademark search,
not a federal trademark search.
You do that on the USPTO website,
or you hire a third party to do that properly for you.
Okay.
And what's the, what's the trademark site in,
on the federal side?
USPTO.gov.
We're going to walk through that search.
Oh, I thought, I thought that was the copyright site.
No?
No.
Copyright site is copyright.gov.
Okay. I got it.
Okay. I understand.
Yeah, absolutely.
So, so now that I've actually gone
and I see that the trademark is available,
now I can get a federal registration for it, right?
But the first step I'm doing is I'm going to,
like Richard did,
I go to the secretary of state in my state,
and I look to see if that name's available.
Because if there's a business with that name
already in my state,
even if federally I can get a federal registration for it,
I'm now competing with another company in my state
with the exact same name.
That's a problem.
We're going to talk about that in a lot of detail tomorrow
as to why that's a problem.
How do you get around it?
You know, all those issues,
we'll dig into that in a lot of detail.
So very good question, Richard.
All right.
So with that being the case,
going back to the copyright side,
one of the things I wanted to make sure is
for all the artists here,
you now have an idea of how to make sure
that people don't steal your stuff, okay?
But what if you create e-courses?
How many people here do e-courses?
Anybody?
All right.
Candice does e-courses, Larissa, Ray, Heather.
Wow.
We got a lot of people.
All right.
Awesome.
Okay.
So we got a lot of people that do e-courses.
Okay.
Here's the thing with e-courses.
If you own the copyright associated with the e-course,
when somebody purchases your e-course,
you wanna make it clear that they now have a copy of it
to use, but they don't have the right to make copies
to give the third parties.
That's really important.
So you should have some kind of terms and conditions
associated with the downloading of your e-book
or your training course or whatever it is.
There should be some kind of terms and conditions
that makes it clear that they can use it.
They can attend the course.
They can even make a copy for their own personal use,
but they do not have a right to make a copy
to give to the third party.
Now, if they in fact are like,
like Candice sees my training and Candice is like
really brilliant, which she is.
And she says, I wanna train these other people.
Hey, that's awesome.
Candice can take a non-exclusive license from me.
And then she can now use my material to train other people
because I'm obtaining a revenue stream from Candice.
And if Candice is smart,
Candice is making sure she's getting paid well
by the people that are taking the course.
So now here are two things to remember.
If you own the original copyright,
you're the only one who can make the copies.
The only ones who could make modifications, only you can.
The only one who can display it, only you can.
If you want other people to use your material,
make sure you make it clear when they purchase
what they can do with what's purchased.
You're gonna see a lot of agreements out there
that talk about courses, books, eBooks.
It tells you exactly what you can and can't do
if you'd use my course.
Make sure you have an agreement like that.
But then separate from that,
you may find somebody who really gels well with you
and likes your material a lot.
Don't be bashful in having a discussion with them
about licensing.
Just talk to them and say,
hey, look, you like this, that is awesome.
Why don't we discuss like potentially building an agreement
where you, you're not just like an affiliate
selling what I do, but you represent me.
Like you represent my content to the public
or you can use my content in your program, right?
That's how you build a revenue stream.
Now you're starting to get.
royalties for stuff you're not doing.
This is how people take these e-courses.
You know, they'll have like these evergreens
which are phenomenal.
But then all of a sudden a university comes along
and says, we really like your content.
And what some of the people do is they're like,
no, no, no, you're a university, you can't use it.
No, what I would do is I would enter
into a license agreement with the university
and say, look, I will allow you to use my content
in your program for X amount per year, right?
Believe me, the schools have,
they have budgets for things like this, okay?
Especially e-courses, they love e-courses, all right?
They're getting credit, get this.
Universities are making money for credits
where they don't need a professor.
They love e-courses, all right?
They don't have to pay anybody to do it.
I know because I've been called
to actually do e-courses for people, all right?
And we're building one right now for a university.
So if you can get a university to show your material
as an e-course, make sure they're paying you
a revenue stream, ask them for five grand,
like just, it doesn't have to be something huge,
but just you're starting to get your reputation
known out there.
And the thing is that now one university knows who you are,
then you can actually talk to another university
and say, hey, guess what, university number two,
university number one uses my content as an e-course.
Now all of a sudden they're intrigued
and they go, oh, really?
And so now you're not doing anything.
Like literally all you're doing is sitting back
and taking checks from universities.
It costs you nothing, it's easy money, guys, easy money.
And for some of you that are figuring out,
asking, well, how do I build an e-course?
I don't understand.
Just take your challenge or take your training
and turn it into an online class,
section it into separate parts, piece by piece
and sell it as an e-course.
You can do that as well.
You don't have to go, like we're going through
a very detailed process of like going
to an actual filming facility and renting out the space
for $5,000 and getting the cameras and the backdrop
and which we're having an issue with
trying to figure out the image, right, Ray?
For the backdrop.
That one's better.
No issues, just opportunities.
Oh, that's good, I like that.
We have no issues, just opportunities, I like that.
Candice, you had a question?
Okay, all right.
So with that being the case, you create that
and now you can use it over and over and over.
But what I want you to remember
is you need a license agreement, okay?
Like don't just throw your stuff out there.
If you get somebody who can represent you,
get a license agreement with them.
Yeah, go ahead, Candice.
I do have a question.
First, I like what you had just said.
That's what I was like, yeah, that's right.
My second question-
You were like exploding.
I was, I was really happy about that.
My other question was if it were to be something
for like elementary students and you were coming up
with it's not necessarily an e-course
and somewhat of a curriculum,
but it also goes hand in hand with a book,
like think Barney, okay?
Like let's just think Barney.
So you're gonna obviously, I don't know,
we're gonna do trademarks tomorrow.
We're gonna do everything else,
but you've already come up with something
that is a, you know, a curriculum for students
that other people have already shown interest in,
but the tools that are available now weren't there.
So how would you go about doing that?
Because you're, you could license the curriculum,
I guess, to the elementary schools.
Let's bring this down-
Just so that, just so I'm really clear on this.
Let me just break this down.
So, so let's say I am, am I a professor at a school
or am I somebody trying to bring a course to a school?
You are a professor at a school
that's looking for an alternative.
Okay.
Or certain things, certain behavioral things.
All right, so I'm a professor at a school.
I'm trying to do this.
And so am I trying to use somebody else's e-course
or am I trying to create the course
and use somebody else's material in my course?
Use somebody else's material in your course
that's already completed.
Got it.
Okay, perfect.
All right, so as it is,
I can't get the picture of Barney out of my head.
Thank you very much.
I've been trying to block it.
He's back.
He's back?
He's back.
This is kind of scary.
This is scary.
So anyways, that and Elmo.
Elmo's the other one.
Like, oh, it's like, oh, like,
I was like, this is too much for me.
So if I'm trying to use somebody else's coursework,
then what I need to do is get a license
to utilize their coursework within my.
program, right? Now, let's say that there's a book I want to
use, then what most universities have some kind of agreement with
publishers, where they can utilize certain textbooks in
their curriculum, they actually pay a licensing fee, and then
they end up purchasing certain books for that, like that's what
they typically do. But if I want to use a certain a certain
parties content, and I can either have all the students buy
all the stuff, and then talk about it in the training, you
know, and kind of talk about what's actually in the book. But
if I ever want to like make a copy of something from their
book, and hand it out as part of my course, if I'm making money
for doing that, that's copyright infringement. Okay, that is not
fair use. People believe it's fair use. It is not fair use.
There's this there's this body of law called fair use. And this
is you guys are in VIP. So you guys get to see this other
people don't see this. In in fair use, there needs to be a
limited amount of time associated with when you can get
access to the material. It's for a limited use. It's not for
commercial gain. You know, it's very narrow that it needs to be
kind of like newsworthy, like, all right, President just does a
certain action. It just happened an hour ago. I'm taking the
cover of the newspaper, and I'm showing it to everybody in the
class. That's fair use. Like it's, it's something that's
newsworthy. It's important, you got to see it. But if I take
that, like a book, and I make that part of my curriculum by
copying a chapter of it, that's copyright infringement. So
there's a difference between the two. So anytime that I want to
use somebody else's content, in my program, I can either like
buy the books, and have everybody have the books and
then talk about what they already have. Because I'm not
copying anything. Everybody's got it. Right. And, and if
anything, the people are doing very well, because now there's
50 copies of it purchased. But I can't, I can't basically take
the content, let's say, like, electronically scan it and hand
it out to the students and say, Hey, this is what we're going to
cover this this semester. That's copyright infringement. They're
two different things. Does that make sense?
Completely. Okay, so if it's a storytime thing, that they do a
weekly storytime thing, then they would buy the licensing
rights to be able to use the, you know, the weekly, every
edition, each week has an edition, and that it goes
simultaneously. So they buy the rights to be able to use that.
And then simultaneously, you can sell the book if you want to
online to parents who want to purchase it, because not every
parent can afford it.
Yeah, I mean, that's, that's true. You could do that. And so
the best situation is if it's your book, that's the best
situation, because now if it's your book, you can do the
training on the course, sell your book to another party. And
if you're doing at an educational institution, you can
actually license the rights to your book to the educational
institution. So now you're getting paid to teach that this
is how professors make a lot, a lot, a lot of money. This is how
they do this, right? Like the ones that are higher end
professors, they will get a license to teach, they'll get
paid for teaching, and then they'll sell their book as part
of their teaching. It's kind of like double dipping. I mean,
when you think about it, but it works. I mean, that's, that's
how it works. So it's
a question. And I have to do with this, the, the other
project, the end overall goal of me wanting to have you review a
passion project that I have, then a business that a business
that I have. So my book can do it all in the audit. At the same
time. Oh, yeah, bring it all. Bring it all. What I tell people
and I tell them, look, you guys are very important. You have
limited time. What I don't want you to do is like buying one
audit for one business, another audit for don't do that. Just
bring it all. Bring it all at once. Hey, look, I've got ABC
company over here. We're doing this. I've got 123 company over
here. We're doing this. Let's let's do it all. We'll go.
Perfect. Take it. I don't say this office often take advantage
of me. All right. I don't say that often. Right. Okay. All
right. Vicki. Oh, you're so welcome. Vicki. Go right ahead.
I thank you. Um, I've got a couple of questions that are
kind of mixed up in my head. So I'm doing I have a friend who's
creating an eight part course through many videos. The first
one is an introduction. And then it's like six different ones
about different aspects of mental health. And she wants to
sell that. She wants to sell it as a course.
Individually, like so that there will be eight mini courses, I think, yeah, people do that
a lot, actually, that Yeah, it becomes a good revenue stream.
Yeah.
But it's not her information, right?
I mean, it's all under common, common knowledge.
Okay.
Well, what is she teaching?
She's teaching her own stuff for somebody else's stuff.
She is putting together somebody else's stuff.
So there's, I guess they're like eight tools of mental health.
Let's just say that's what it is.
Eight tools of mental health put out by the Mental Health Board of United States.
I really don't know what I'm talking about.
But you get right.
So I find with you, you usually do know what you're talking about, you're trying to word
it so nobody knows you know what you're talking about, but go ahead.
So she made a video introducing all the other videos that are coming up, and each upcoming
video will be touching on one of those eight keys.
And so the key itself doesn't belong to her.
But the way she's presenting it or instructing that key is her own, right?
Okay.
So let me put this into terms that I think everybody will be able to follow.
So there is, the United States has what's called the Constitution, right?
Everybody knows there's the Constitution, right?
So somebody says, I'm going to do a training on the different parts of the Constitution.
I'm going to break it down step by step.
And they create their own introduction to the Constitution explaining what it is.
And then they have a different video for the different sections of the Constitution.
The question is, can they sell that?
Can they sell that, their own interpretation of what the Constitution says?
So by all means, I could sell like, I could sell, well, right now I'm talking about USPTO.
Let's say I'm talking about patent laws.
Those are statutes.
That would be like 35 U.S.C. section 102A, B, D, 35 U.S.C. section 103, B. Those are
all parts.
I'm giving you my interpretation of it.
And I'm displaying to you the law.
I'll show it to you on the screen.
I can do that all day.
I can make an e-course on that.
I could sell that all I want, as long as I'm not displaying somebody else's work that's
protected under copyright.
I can talk about anything I want.
Now if, let's say I go to a teaching by Tony Robbins, right?
I'll just use Tony Robbins.
And while I'm at the teaching by Tony Robbins, I say, oh man, that was a really good teaching.
And he talks about three pillars of such and something.
So what I decide to do is I decide to create a training on the three pillars of that, which
are that's his stuff.
I can't use his materials.
I can't use his trademarks.
I can't use his copyrighted materials.
I can't use his audio, his video.
I can't use his funnel, his website.
But the basic idea of there being three such and such, he doesn't own the idea of there
being three such and such.
It's not patentable.
It's not trademarkable.
It's not copyrightable.
Copyright only covers what's fixed.
So therefore, I can go and say, hey, there's three main pillars of such and such, blah,
blah, blah, blah.
I would be kind of not so smart if I made people believe that it was my own.
That would not be smart, because somebody is going to find out that it actually belongs
to Tony Robbins.
And somebody is going to call me out, and I'm going to look like a complete dope.
And so it would make sense for me to give credit where credit's due and say, these are
the three pillars that Tony Robbins talked about in this conference.
This is my impression of those things, of what they mean, blah, blah, blah.
And then it's up to the consumer to decide, you know what, yeah, I think this guy's not
really legit, because he's talking about somebody else's content.
Or they might say, you know, I really like Peter's Angle.
I like that.
And so they might buy that, because you know what, I mean, sometimes you need a second
voice on a specific topic, which would be fine.
That would be absolutely fine.
But what I'm trying to teach all of you here
is that anytime you decide to use something
that somebody else has,
either for your training, your teaching,
your e-course, your video, your audio,
make sure that what you're using
is not protected under intellectual property law.
That is one of the most important things
I want you to remember because what I don't want
is all of a sudden you end up getting sued
because you are using such and such as flowchart
in your training program,
which is protectable under copyright law
because it's an image, right?
Now you realize, oh, hold it.
Maybe I can't use the flowchart,
but the general idea of what's discussed,
I can talk about that
because they don't own the general idea
of what was discussed.
They own what's quote unquote fixed.
They own what's fixed.
They don't own the idea.
This is why I came up with the name
the Protect Your Idea Challenge.
It's actually a play on words.
It is legally impossible to protect an idea.
It does not exist.
It's not possible to protect an idea.
The reason why I call it the Protect Your Idea Challenge
is because it makes lawyers mad, number one,
and I like to do that.
It's fun.
Number two is most people look at it and go,
yeah, I want to protect my idea
because we just think in common knowledge,
but the fact of the matter is an idea is,
it's like not tangible.
You got to create something with the idea.
Once it's created, that is what you protect, not the idea.
Larissa, oh, that's a light bulb.
Light bulb.
Vicky, did you have another question?
I do have another question
and that was a great segue to it.
So I'm putting together this book.
I'm writing this book.
I've got, I'm, how do I say this?
I'm slaying sacred cows.
Oh gosh, here we go.
Yeah.
Don't go there.
Please don't go there.
Oh, I can't not.
I've prayed about it and prayed about it
and I just can't not go there.
Let me see.
I'm sprinkling the buffet.
David, just so you know,
I'm going to answer your question next on fair use.
All right, just so you know.
All right, go ahead.
I'm sprinkling the buffet of steak tips
with my own drawings and my own stories
trying to soften the massacre.
Okay, so what's your question?
Well, the sacred cow has been around for thousands of years
and that's not copyrightable.
My interpretation and reworking of it is my own
and I've only shared it with a few people
as you know, for testing and stuff.
So I think I could still copyright the book
because it's got my breakdown of it and my pictures.
Is that correct?
You need an audit.
What you're talking about is very specific
and it falls into the category of legal analysis.
And just for David, just so you know,
I'm just putting in the chat right now
and actually tonight I'll drop in the private Facebook group
the actual elements of fair use
because this is a topic that is brilliant
to have and extremely difficult for people to understand.
So let me cover this real quick for people, okay?
Okay, thanks, Vicky.
Oh, you're so welcome, Vicky.
All right, so I really like David's question on this.
So I just wanna jump into this real quick.
All right, so there are four factors in fair use.
And so you're looking at these factors
to determine whether or not you can actually use
what you're using.
Just to be clear, to step into the category of fair use
means that you're already in the category
of infringing on the copyright, right?
It means that whatever you're using, there's a problem.
And now we're trying to determine whether or not
there's an exception to the problem, okay?
So it's like you walk out of the jewelry store
and you have like five necklaces in your hand
and the police stop you.
The fact is, yes, you walked out of the jewelry store
and you have five necklaces in your hand.
But the next question is, how'd you get the necklaces?
And your response is, oh, my mom owns the jewelry store
and she gave them to me.
That's an exception to not paying for the jewelry
and being arrested.
If they just stop that step number one,
which was, did you pay for the jewelry?
The answer is no, and you would be arrested, right?
Immediately.
But when you get to question number two,
the question number two is,
well, how'd you get possession of them?
Oh, my mom owns the store, knows the jewelry store,
and she gave them to me.
Okay, well, that's an exception to stealing,
so therefore you're fine.
You never stole.
Fair use is an exception to copyright infringement.
So where you look at it as number one,
the purpose and character of the use,
including whether such use is of a commercial nature,
or is it a nonprofit educational purposes?
All right, so if I've got a class,
and I'm teaching the class,
and a court case just was decided,
and a magazine cover has, like, it's showing the court case,
and I just wanna show the magazine cover,
that might be argued to be for educational purposes.
It's timely, it's just showing it really quickly
for educational purpose.
The problem, here's the problem with element number one.
The educational institution's making money, is it not?
I mean, does anybody here know how much it costs
to go to college these days?
I mean, it's insane.
Like, I know, right, Candice?
It's like, I have two daughters.
One of them is finishing college,
the other one is starting college, right?
So it's, fortunately, they're very smart,
so they get scholarships.
Thank you, Lord.
Because if it wasn't for that, I don't know what I'd do.
But the first part is that
educational institutions make money.
So is it the case that if, let's say, Harvard University
all of a sudden grabs a book that just came out and says,
I'm just using it for educational purposes?
Yeah, no.
These people spend $80,000 a year
to be educated at your institution.
Why don't you go out there and get a license?
Unless it's something that, again, it just happened,
you need to show it,
that might actually fall into an exception.
So if you look at element number two,
the nature of the copyrighted work,
that's what I'm talking about.
Like, it just happened, it's an immediate nature,
I'm just showing it now.
It's not like I'm giving the book out to a bunch of people.
It's like, I'm showing you one page, it's very short,
it's right to the point,
just so I can educate you on the issue.
And then the amount and substantiality of the portion used
in relation to the copyrighted work as a whole.
So let's say that in my teaching, I show you page,
I'm gonna talk to you about, let's say, Macbeth.
And I say, hey, everybody, we're gonna turn to page 107.
And I show you page 107.
That's displaying a copyrighted work,
but I'm showing you one page of the entire book.
So it has a higher chance of it being for use.
But the fact of the matter is,
and this is why I hate the fair use area,
because there's so much litigation,
because people can't tell,
am I actually using it in a way
that I'm not gonna get sued or am I gonna get sued?
Like, they're not sure.
Even after hearing the definition, they're still not sure.
And to tell you the truth,
like, this is where lawyers make a ton of money.
Like, lawyers like me, we make a ton of money here
because people just aren't sure.
Can I do this or can I not?
That's why I tell you guys, go get a license.
Or if it's something you're just gonna show quickly,
show it quickly, and then hopefully it falls into fair use.
The last factor is the effect of use
upon the potential market.
All right, this last factor is the one
that the courts focus on almost,
I say the majority time, this is the big one, number four.
How is it affecting the pockets
of the people who own the copyright?
That's the question.
So if Larissa decides to, like, do a challenge,
and during the challenge, she takes a book by Pedro Adeo
and she scans it and she uses it at a handout for everybody.
And then every week of two months,
she's going over a different chapter of the book.
That's copyright infringement.
That's not fair use because Pedro's not getting paid.
You see what I mean?
It's actually directly affecting the party
who owns the copyright.
The courts will look at that.
That has the most bearing of all the factors.
The other ones they look at, yes,
but in most cases, if it's really strongly,
negatively harming the copyright owner, you're in trouble.
Salt to sage.
That's Michelle.
I know, I know, but I had to say salt to sage.
I like that.
Hi, Peter.
Hi, how are you?
I'm good.
Nice to be here.
Thank you.
Awesome.
It's good to see you as well.
do for you? Well, um, on the topic that we were just talking
about, the reading of one page of a different book, 100
different books, one page, or one paragraph. That would be
probably okay, I would think. It's, I've got a little bit of
water left. Okay, this is not legal advice. But here, let's
say that my course, my course is actually just to to compare and
contrast 100 different books, and the way that they
demonstrate, let's say, like, romance novels, specifically the
way that they address tragedy, in romance novels, why is it
that all these romance novels always have some kind of tragic
event, like, and so we're going to explore that together over
the next six month period. And we're going to go through 100
books, we're going to go through one by one by one, literally,
Romeo and Juliet, like Beth, like, we're gonna, we're gonna
go through everything, Tale of Two Cities, you name it. And
we're all going to look at specifically how, you know, how
tragic events affect romance novels. And so in doing that,
I'm going to say, okay, everybody in the Tale of Two
Cities, turn to page 97. And in this book, turn to this page,
and this book, turn to this page, and this book, turn to
this page. So the question is, can I do that? It's a phenomenal
question. I can't say yes or no, because technically, under
copyright law, you're not allowed to make a copy, and
you're not allowed to, you're not allowed to disseminate copies
to other parties. So if you're if I'm not giving a copy of
those page to others, I've got a higher chance of it being okay.
So let's say I took the one page of every single one of the 100
novels, and I created a new book. And that new book, right
has the one page from all the books. I think that's a problem.
Because I'm taking their work. But let's say instead, I'm just
going to talk about it. Say guys, you know, in Macbeth,
we're going to turn to page 37. You see it on here. This is
where it says blah, blah, blah, blah, blah. And we talk about
it. And we kind of compare and contrast and we compare it to
one of the other ones. Is that okay? Man, that that takes an
in depth analysis of the specific scenario. It really
does. Because what I would want to know is a number of things.
Number one, are these recorded and handed to other people?
Number two, other handouts? Number three? Is it? Is it just
a small portion so as not to be considered the quote, unquote,
essence of the copyright? Right? If it's not considered the
essence of the copyright, I have a higher chance of it not
being copyright infringement in and of itself. I may not even
need public use. I don't think it's going to I mean, fair use.
I don't think it's ever going to fall into fair use. Because I'm
teaching on it. I'm making financial gain on it. I think
the bigger question is, is it copyright infringement at all?
Because I'm just copying like one small portion to talk about.
I'm not even copying it. I'm talking about one small portion
of an entire book. I can't tell you one way or the other.
Honestly, Michelle, I think it would take it would take an
analysis of exactly what's happening, like looking at it in
detail and seeing, okay, how much is being used? What is the
is the course curriculum now taking some of that from the
book and using it in the training and saying, you know,
like, what exactly is going on is, that's going to be it's
going to be a more detailed analysis, at least on the legal
side.
Definitely. Yeah, it's definitely I recall,
this is just so you know, your question would be the perfect
like final exam question in a law school. Like, it'd be a
perp because what will happen is, some law students will raise
fair use, other people will use a defense of no, it's not
copyright infringement. Another one will say, you know, no, you
need to buy the books, because the letter of the law says this,
like, you would get so much variation. And in the
assessment, as the professor of the class, what I'd be looking
for is, I want to see the the legal reasoning. And, you know,
I don't care as much about the results, because I think it can
be interpreted multiple different ways. I care more
about the legal reasoning and how you got to that result.
That's why I think it's the perfect example of a final exam
question. So I have to I have to take
the unfortunate answer that some lawyers would say,
which is it depends, which is the worst answer
anybody ever wants to hear.
But it's kind of that, it's kind of that situation.
I would just make sure in that situation,
I don't have a handout that has one page of each book.
I wouldn't do that.
I would.
Yeah, that seems more like a combination
that would require giving due to every author
in a summary form at the end of the test
as an addendum of some sort.
I know as a fact, certain educational institutions,
they have these block licenses
where they can use multiple different books
and they can make copies of different things.
So certain institutions actually have a license
that allows them to do certain things like that.
And so if I were a professor at a university
and I was gonna do that,
I would check and see in our licensing policies
what's allowed and what's not allowed.
But in general, if I'm just like just Peter,
I just wanna do a training and talk about romantic,
the tragedy, how tragedy affects romance novels.
I'm gonna go over a hundred books.
So would I be concerned?
I'm not as concerned
as long as I'm not taking a photocopy of the pages
and putting them together and giving them out as a handout.
If I'm just talking about in the class,
I'm teaching them like,
hey guys, do you have your own copy of Macbeth?
This is what it says on this page, right?
And I'm teaching them
and we're using it for educational purposes.
I'm less concerned about that.
And again, this is not legal advice.
I'm happy to dig into this more with you in an audit
if that's something you wanna do,
but it's gonna be very specific, very specific.
Yeah, it was actually based on a person
who is more of an oratory
and gives about a paragraph in oral form online
and it's different every day.
It's a little blurb of something, not typed,
but as a vocal and then she discusses it.
But that was very good.
It's a good question, Michelle,
because the law says under copyright law,
if you follow the letter of the law,
you're not allowed to even like,
even like publicly speak for monetary purposes,
for financial gain in any way, shape or form,
or even one of the rights specifically says,
you cannot go in a public forum
and speak what's in a copyrighted work.
That's a legal right of the copyright owner only.
And so when you look at a lot of these podcasts,
when you look at a lot of these other things
like YouTube channels, this is done all the time.
It is literally all the time.
And so-
Every day, all day long.
Exactly, and so it's good to understand the law
and then at the same time, it's good to understand,
well, where's the level of enforceability?
What can I do?
What can't I do?
Like, where's the high levels of problems?
My job is to make sure you guys understand
that these are issues first.
Now you can take these and then do something with it
while before you may not even have known
that it was an issue.
So let me get to Mark and Gail and then close.
And obviously we got three more days together
so we can dig in more, Michelle.
So Mark, you are up my friend.
Hey man, I'm doing well and you're awesome, bro.
Oh, thank you.
I appreciate you.
Thank you.
Yeah, so I created a skit with music and dance.
However, it's for evangelistic purposes.
And so based on what I'm hearing,
I mean, I'm using music that is copyrighted.
I'm using snippets of music.
So, I mean, I guess maybe in a church it could be done
because I guess they're paying royalties,
but I guess what about in an open forum?
What, I mean, likelihood of getting sued would be slim,
but am I not allowed to do that?
It's a good question.
So I can tell you one thing in particular,
like if you look at the past in translation,
oh, I don't know, my wife has it.
Yeah, my wife has it.
If you look right after, I know Larissa knows this.
If you look after like, I don't know,
maybe three pages into it,
there's a license there that says that you can use up to,
what is it like 25 pages?
I think it's two.
and 50 either verses or passages. I know it's like two five
something. I don't know. Well, it always comes up. Yeah, like
it shows you how much you have 15% and no more than 15%. But in
the book, it literally tells you how much of the content you can
actually use. So if you're using in ministry, if you're using in
song, I would look at the original work and see whether or
especially if it's a Bible or if it's a, I know there are
certain specific artists that will allow you to use their
songs. I don't know if you know, William Augusto, I actually
reached out to him. And because I want to see he has amazing,
like just truly amazing soaking music. And so I wanted to be
able to use his soaking music when I was doing ministry. So I
reached out to him never heard from him, but offered to send
him money, just for the right to be able to use his music in the
background as I'm training people. But at the same time,
when my videos were on YouTube, they were getting nailed for
copyright infringement. They were all getting flagged
because it recognized the song and it said, Oh, that song
belongs to William Augusto. So therefore, you can't make money
on this video. Well, my purpose wasn't to make money anyway. So
I didn't care. Right? You know, so so this is kind of a long way
of saying to you, go to the original source, see whether or
not a license is actually necessary from the original
source. But the fact that it matters if it's a musical work,
if I take portions of the musical work, and I put it into
my work, then that's copyright infringement. Now, if I'm doing
it through a church, church, there are certain churches that
actually have licenses for using certain songs. This is why
there's certain songs that they play a lot, because they have a
license for it. And so I would go back to the church and figure
out what their license agreement is. And then figure
out if I'm like a member of the church, if I'm a board member,
or you know, somebody who actually can be considered a
member of the of the church for purposes of creating this work,
and that work is being used for the church, then if it falls in
a license, I'm fine. If it doesn't, I can run into a
problem, which is unfortunate. So I can tell you this one
thing. There is and then I'm gonna like I said, I'm gonna
close with Gail because I know we're going over guys, but I
want to make sure I cover this stuff for you. Because tomorrow
we're jumping into trademarks. In in music, there are you can
actually have a single word to be the essence of the musical
work. Right? Like I can just say out to you guys, mama, that
that's it. Everybody should know the song. Right? That's it. Like
so if anybody grabs that one portion of that eight minute
track, it's copyright infringement. I mean, that kind
of blows my mind. Like when people were thinking, well,
can't I copy 30 seconds or, you know, it's only 10 seconds. I
just literally took one second and I committed copyright
infringement because that one portion is the essence of the
work. So it comes down to essence of the work in the
analysis. So let me let me take Gail. Let me take. Absolutely.
Thank you, Mark, for your question. So Gail, let me go to
you, my friend, and then we will close.
Okay, so I have a question about packaging for food products.
Oh, cool. Is that yours? Yes. So this has a couple of things.
I'm sorry, this is way more important than your question.
Can you send me some right now? Okay. All right. Good.
Albertson's.
There you go. All right. I'm all for this. We got a deal.
Just in the Boise area, but we're getting ready to go
national in January.
That's awesome. So this is my question. So this particular of
every package of food that I put out, depending on what it is, I
make sure that my clients get a trademark on their logos and on
their business names and that they're they have all those
assets. But my question is, does the overall design have to be
copyrighted or trademarked?
Just love you, Gail. It's so good. Yes. So that's actually
called trade dress. It's it's a body of law that most people
don't know about. Well, we're going to talk about that either
tomorrow, probably talk about that in detail, you're going to
have to understand some of the basics of trademarks before we
go into trade dress because trade dress is very complicated.
Okay, think of it this way. When you walk into a McDonald's, you
know, it's McDonald's. When you walk into an IHOP, you know,
it's an IHOP. Like, there's a look and feel to the room. Well,
there can be a look and feel to packaging too. All right. Okay.
And so there's this thing called trade dress, which is which is
literally like protecting the
look and feel of what you're creating. But the big thing is
that it needs to be consistent, like you can't do it one way,
one time, another way, another time, like trade dresses
consistent, it's always this way, it always looks that way.
Now, there's another body of law, that's called design
patents. Right now, if you think as an example, the old Coca Cola
bottle, remember the old Coke, let me see if I can find it. So
everybody, for those, those people that are not as old as
myself, I would say Co, Cola bottle old. Alright, so this is
the old Coca Cola bot. Alright, let me share my screen real
fast. So this look right here. There, this right here. This is
the old Coca Cola bottle. It kind of actually this one's even
better. There's a bunch of different ones. But the old these
the old ones. Okay, here we go. This is pretty cool. It gives
you the the distinctive bottles that they had. This look right
here in 1916 to 1957. This kind of like, you know, it's it's
kind of like that hourglass kind of look, you know, that that
shape, that actually is is protectable on a design path.
So we did, I did get a design patent on the package itself,
because this pouch is we've never brought a milkshake to the
market before, because you can't freeze milkshakes at grocery
store temperatures, because milkshakes are at 18 to 22.
Grocery stores are at negative three. So I invented this
packaging. This pouch has an air barrier inside that protects the
ice cream. So we got a patent on that. But I actually got the
patent.
Well, you got a utility patent.
Yes. And I got a patent and we're applying for the attorney
is now applying for a patent as milkshake as a product. So
we've got
again, that would be a utility patent.
Again, okay, I thought it was a design.
So there's your your prime for like, your prime for an audit.
So just so you understand the breakdown of the stuff, whether
you do it or not, I'm just letting you know, because you
have so many aspects for what you're creating. There's the
there's the design aspect of the logos, the trademarks, but then
separately, there's the look and feel, which is trade dress
separately, you've got the patent stuff that you talked
about. But even on top of that, you've got some copyright issues
that are potentially associated with this as well. And you're
doing this, are you creating this packaging for your clients?
Are you? So you're doing this in volume for different clients?
Right? I'm the broker. So I'm the art, I my food side of my
company does all the R&D. We do all we find the designers, we've
designed the we do everything to get it to become something that
you can sell. And then I have a time pass to my brokerage
division where we sell this stuff into the retailers.
Absolutely love it. I may actually send you people send
you clients. So here's, here's the thing is that you've now got
multiple tiers of issues, you've got people that are creating for
you. So you need do you have the agreements with those
parties that they assign our right title and interest to
everything they create over to you,
over to my client, for design stuff that my client pays for
their design, I let I have my client own it. If it's something
that I developed, like the technology, which sometimes
happens, or if I develop the formula, then I hold that I own
that piece. And then I license it over.
Yeah, that's really good. How long ago?
This is why I'm afraid, because this technology, we've already
been contacted by another ice cream company who wants to use
it, which I'm happy to let them but they have to license.
They're like, not only Yeah, but there's multiple tiers to this.
So you're, this is why you need to, and I'm not I'm not trying
to push I'm just telling you, the reason why is it's multi
tier, you're in the beginning stage of the growth of a certain
technology that is going to take off because if you're doing what
I think you're doing, you're about to take off. All right,
because there's this is not the only industry that that
technology is needed. And I can think of a few other industries.
So you need to actually create non exclusive license for step
ladders. There's a there's a step ladder license plan that
you can create, where people are giving you like certain royalties
at a certain phase, and it increases at different
increments for different volumes. But then it's different
for different industries, and you select which one can use it
for which industry, like, you want to go through all of that.
So you have a strategic plan, that when somebody comes into
your plan, there's consistency, because here's the thing is
that if you don't have consistency with your licensing
plan, then if somebody ever infringes, I'm a patent
litigator, like I've litigated all over the United well, not
all over in about six different states. So
the first thing that they look at is what's the licensing plan.
If it's inconsistent, they look to take
the royalty of the lowest license that was ever created.
And they say that that's what the royalties should
be based on.
You don't want that.
So you've got to make sure that there's consistency.
There's all sorts of secret sauce to it.
And we can cover all this within the three hours.
But I would look at that because you're ready.
And I'm like, I love the fact that you
identified trade dress.
That just gave me goosebumps.
Like, I was just like, oh, she's got it.
She's got it.
So like, yeah, you're right there.
I'm very, that's awesome.
I'm glad you're here.
OK, thank you.
You're so welcome.
All right, everybody.
I'm going to close.
I hope this was helpful for everybody.
I hope you enjoyed this.
I hope this is proving to be valuable to all of you
for your businesses.
I'm getting a lot of good feedback.
If there's one specific thing that kind of spoke to you,
please go into Facebook, go live, say what it was.
Because it's going to help a lot of people.
Like, I am so grateful for this opportunity
to train all of you.
And at the same time, I want to make sure
that other people are learning from you.
Because as you're learning, here's
one thing that I always say.
This is my own quote.
I've said this for years, is that if you
get to the top of the mountain and you're alone,
you did something wrong.
You should never be at the top of the mountain by yourself.
There should be somebody else there
to help enjoy the view with you.
And so as you're growing and learning things,
share it with others.
So if you would please do that, that would be awesome.
All right, so we're going to close now.
If anybody has any questions, Larissa
is going to be here for a little bit.
And not that long, not that long, not that long.
All right, so I'll see all you guys tomorrow.
We're going to jump deep into trademarks.
We're going to go into real life situations.
We're going to do trademark searching together
on Wednesday, Thursday.
On Thursday, we are going to do a trademark application live,
only in VIP.
All right, meaning you guys get to see every single step
that's done, what every single thing means,
what you need, what you don't need.
I'll break it all down for you so you guys have it, okay?
Have a great night, guys.
Take care, I'll see you tomorrow.