Transcript
[0:00] It's entertainment update episode one hundred thirty one march twenty fourth two thousand twenty.
[0:10] Music.
[0:15] Will hello everybody welcome to another episode of entertainment law update from los angeles california i am gordon firework.
End from the dallas fort worth metroplex i'm tamara bennett we are so glad you are here with us as we were talking just before we start recording we are doing a little experiment we're going on live in
end call pause at the same time as we record this so i can be having the folks from clubhouse coming into the recording but.
They can hear us and i don't wanna experience it in real time live something we can what's the podcast about entertainment,
where each month we go together this round up of legal business news stories and
share opinions and commentary about the money allyson kitts around and have a good time with it so good for you today.
What's new with me you know we last week spoke we're just gonna survive the storm and moving forward into spring and just busy it has,
i hope not only busy but a product.
First quarter of the year which is hard for me to imagine i'm saying it so you know what busy and thankful for the working class and projects i've got
go on on some of them that will not end but i consider them the bonus gifts that keep on giving so.
[1:39] Well alright have you been vaccinated yet i have me too
i'm i'm all the way through so i was fortunate texas motor speedway which is very close to where i live in is probably has been on the national news because their vaccinations you know
yeah thousand two thousand people who died sixteen lines of cars.
It in order in hopes to received a vaccine i worked nine hours when it was twenty three degrees.
So i earned it in and out was that was a good thing its a really a great feeling
end it allowed me to be able to go home tennessee and see my mom last weekend so that's probably most exciting news outside with the cuties because i'm me
who is that what you here in california and so i jumped on my first shot a couple weeks ago another one next week.
It's called for optimism my pictures of moods feels like this light at the end of the tunnel you know so.
Yeah it's it's incorrigible i mean i'm excited about it in.
[2:50] Again i just the ability to be able to see my mom and hugar neck and fangs that are most important right now yeah yeah.
Ability to connect with family on.
Never level from now it's not a show about the vaccine or the pandemic but it's what were facing so let's let's let's jump into the stories now for
for this month first off we got a story about a we don't usually talk about trial level decisions.
This one kind of carter interest because it representative fairly significant change in definition law in new york.
The cases called david sakura versus marc broadcasting company abc the new york post along with abc hbo and roy ayers and hurts magazines reported the story about.
David saddlers involvement in the us opioid epidemic three's company purdue pharma and the story included a photo of david sadler but the problem.
For the media companies is the the used a picture of the wrong david sadler so the one who was actually.
[3:58] Show the photos that was published.
Is a consultant in the health and wellness industry not an executive of the of the drug company that you know face off repercussions for the marketing of oxycontin he is now claiming this is hard his reputation.
Because this photo are and he's suit in new york supreme court the trial recording the state of new york,
for deformation normally in suits like this a private figure planet would.
Will we have to prove negligence on the part of the publishers but
shortly abba after the case was files we got something that was me it's gonna way i see afternoon after the case was filed
back in may twenty nineteen state of new york passed on a minimum to it's anti flag statue
they're now situations cases involving the public interest things like the national opioid epidemic where private figures.
[5:01] No have demonstrate actual malice in order to win in those cases even then on famous individuals would have to shoot knowledge of the faucet or reckless disregard the truth,
so in a different case the memory order
from the us district court for the southern district new york that was sarah palin versus new york times company the court ruled the anti flag
reply retroactively to cases file before it when into fact so has to give effect to the remedial on beneficial purpose of that statue.
So just a frank perry of the new york supreme court again this is little simz that sacred can't meet that new.
Add this lap standard and the court fines the planet fails to establish by clean convincing evidence that the post published a photo of him with actual malice.
Justice perry further says it's well settle benefit a failure to investigate will not alone support a finding of actual malaa so unfortunately for this particular david saddler.
He's out of luck in the state of new york at least for the moment don't know if we see any information about appeal or anything like that but new slaves statue change to the intersection.
Something to be aware of for migos prospective definition planets as well as defences spose.
[6:29] I'm just wondering if that just makes the standards so high.
I'll be in intended consequence this this sounds like the kind of case that.
[6:44] Never the weather like to wasn't really thinking about it.
Their may not be another gordon firework there are other tamara bennett you know.
I would hate that any other directions first to happen yeah.
Suing these big companies what's weather headquarters but you know long arm statue.
They still be opportunities to sue elsewhere disconnect.
Availing minnesota right or wrong.
Build into work here right internet switch lanes to form shopping.
Get all the international soul kitchen bout it bout it since last thirty years thirteen years twenty years ago.
[7:54] Give me another case the came up this came up for me interesting because i was doing a talk a few weeks ago to a group of people who make you know me printed merchandise.
Never smallville lot of them are the once i was speaking to her small businesses that do.
Submission printing and make t-shirts out in one of their garage reset small business that kinda thing but this one involved one of a larger ones the six circuit has overturned a decision by district court
yeah
ohio state university is case against the online retailer red bubble and find the red bubble maybe help directly liable for trademarking frenchmen and connect with sale of products when it's platform red down effects on this.
Yes a red bubble is an australian based online marketplace but they are very much doing business in the united states and they allow.
[8:47] User generated content.
Set the term artist i think might be uselessly but they allow artist or people to upload
content to their website which typically consist of images logos designs that could be print on demand on two a product on twitter t-shirt on to a canvas
i am once the order is place to the red bubble website red bubble than contacts whoever the user was that uploaded the content.
And bas user has to take care of all the manufacturing shipping red red bubble facilitates me saying what's available at me paying for what's available if i'm a consumer
end.
[9:33] If you own people if you represent climb that own trademarks and artwork i need to be searching their website.
Just saying i because ohio state university is not the only trademarked
that's all there is not owned by the big boy toys today so ohio state university brand such as oshi and their own signage and other designs were uploaded by by user on to the platform of red bubble
and consumers pay red bubble to receive products bering the trademark image that is owned by the university.
[10:09] Include that were brought were you know is there direct liability under the lanta mac and also violation of ohio 's rider publicity statue
this one is interesting because some of the products sold by red bobble head the image of coach urban meyer and
i wish you is the assembly of the coaches write a publicity i just like that was an interesting little bit there
any interesting land of the dead that versus the player so that's a conversation for another day party disputed some of red bubbles artist uploaded offending images
appeared bubbles website in that consumers paid red bubble to receive it so yeah red bubble says there they are and we got paid but the disputed starley around should red bubble be liable because i mean imaged
the marketplace does this start to feel little bit like.
[11:07] Pass litigation on youtube pass legation on up three dot com
end the artist those.
Insert posted the content or the samplers of the product in the users of the product and the district court granted red bubbles motion finding the red bubble,
was marley quote transactional intermediate intermediary between buyers and sellers manufactures in shippers so no liability but on appeal
i wish you are you the district court improperly nero the scope of galantis mac and the writer publicity statue apply.
[11:53] I think the got it ride on appeal the question to look at was what involved in control
what's the defendant mdk red bubble exercise over the creation manufacturer or sale at a finding goods to be considered a can to a salad
manufacturer when the lamb active plies to the to the back.
I said i look at six circuit president and i know it distinction between address seller who uses a trademark and a facilitators sales who dot
does not use the trademark so it's kinda degree to which the party represents itself rather than third party vendor is the sellers.
[12:37] When if i were consumer you know how am i looking at red bubble am i looking at famous just kind of.
This this warehouse place or my looking at them the actual seller in provider of the good and the court said
red bubble products only came into being ordered through red bubble
so they were red bubble productions redbone garments they were delivered in red bubble packages came with red bubble tag
quote red bubble inner wave this brand with the products it's sales so that they case was remanded for further fact claims standard consistant.
[13:23] I think that's right i think there's a concernedape many other websites out there similar to red bubble.
Initiate guacamole dreaming clients.
Everybody has the money about ohio state is actually trying go after these guys in sue on your just constantly.
[13:44] Doing sometime of takedown notice it me not it maybe add mia to copyrighted of the trademark it's job
use the trademark notice provision to get that taken down but i think it consumer would thing
if you look at the red bubble website that red bubble is who your buying this product from where you are the seller know if i'm looking for this
well and go to zazzle or cafe preso red bubble i am i want to the red bubble website and go to you know john does website.
From you know who knows where i want to red bubble toes maybe it's a brand trust or whatever and sir sly i know i'm gonna get decent quality merchant,
i don't care who created the design man said ok you can buy on a coffee margaret t shirt i'm buying a from red bubble his first and that's was processing my credit card.
[14:36] Restart you know what good they have that on canva brand t-shirts future or canvas brand which is a can now canvas yeah which is like my preferred brand of superstore t-shirts so even better the.
I'm not gonna be buying anything with the daddy issues logo on it but it was oklahoma.
[15:04] Is there a buying those shirts from candle campus whatever it is you know it volume.
Because i'm gonna be making it.
We call it user here i leave broken parts what's everything is the court said that
failed to preserve a claim of victorious liability under the water mac and notably this is a lot of case not a copyright case of dmx women reply cause it's just the letter.
Well is part of it is dead letter logo which probably doesn't have the originality for copyright.
[15:39] Purposes but also dmx gets taken down that's the end of it so really.
Interesting i don't know why what if i carrots liability wasn't.
Reserve bacon go that far down the rabbit hole but maybe there's little bit of both drafting note here pad practice pointers make sure you you do this kind of thing can you do preserves those consequence as well.
[16:05] Here you know.
[16:09] It's to stop doing what you're doing australia have.
[16:17] Again and go back to jersey diction you know that they get your station over them in the united states because of their activity here.
Yeah well lately.
I issues in australia particular have been at the forefront of things so who knows what happens if the suit and tie it's ohio state happening here but.
[16:39] Could easily arrives another places well so well this is us ruin basically said he don't do it here hopefully the company will take that to heart.
I'm done accordingly sorry we have an interesting case involving another sort of.
[17:01] Rafting pleading kind of a situation here quicksand music publishing head filed a fifty million dollar lawsuit against thriller.
This is the american social media competitor's tik tok
back in november of last year they found the suit for corporate in frenchmen alleging that thriller read allowed users to attached music videos music that hasn't been licensed and for corporate honors are not compensated
trailer allegedly you know failed remove the unless songs after being informer this repeatedly and fords part trailer rebuffed the claims from wisin sang this was expressionist
i will federal judge has now put an early end to wicks and case,
basically because what's in purportedly failed demonstrate that it is the exclusive owner of the words.
Find by section one oh six of the cataracs exclusive rights the judge dean wisdom to perform administrative tax tasks excuse me on behalf of
the song writer clients and it didn't have any enforceable rights.
The second trailer brown is.
[18:14] The electric specify the songs were created when weeks an acquired rights and wendy legend infringements occured judge responded.
Wow what's on filed suit legend violations under nineteen seventy-six copyright act it's not clear which.
Apply and this works of madlax on standing the soup the judge acknowledge to the new mercer rulings have found previously other cases have found that the nineteen seventy eight.
Wow that's the nineteen seventy six supersedes the ninety nine even for works registered before nineteen seventy eight but the ninth circuit according to the judge has erroneously looked at the nineteen oh nine act to determine the right song cabaret holders.
Despite ronnie's that approach maybe the court says it's finding within the circuit and fast the corpus pound to follow that president that the lights of order to copyrights created and published pre nineteen seventy-eight our governor solely by the nineteen oh nine act.
[19:15] Wilson's lawsuit was dismissed and it hasn't really made clearer how many of.
The allegedly in french works for corporate prior the nineteen seventy-eight also rises questions about pride and nineteen seventy-two with sound recording some things two doesn't i think i'm thinking.
Song copyrights
does assess western music publishing but universal music group has also soup trailer on the sound recording side i'm not sure if there are others as well so their kind of
the target i guess for right now i i believe universal actually granted sunrise and now they pulled them back so that's gonna be one of those on on going,
i think would be hearing about trailer for the sometimes thank trailer i just not the target demographic.
I think that's part of it i haven't really either until one actually when my students brought it up and explain that it's you know the american version of tec talking i don't have how well it's taking off i think back when the previous.
Presidential administration was.
Leveling charges against tick tock and because it's a chinese company in those cats things they made sort of games someone mentioned but that remains to be seen weather company.
[20:39] Last for long home.
Interesting in light of everything that was going on related to to chicago in the last six months nine minutes i heard and i cannot remember that the social media influencers name
influence me i guess the conversation that was being had regarding how influencer sorry this is just a practice point influencers and influencers you can't put all your eggs in one basket.
[21:08] Ok what if it goes away
what is tip top goes away what if youtube on a water trailer when away vine when away i think that was part of the conversation that this influence your head
really built their brand on a social media platform that went away and what were they to do it was it was really fascinating things to think about that you have to kina.
Even know you make it more traction in one area over another when you build your thing on someone else is bad for me you know it's actually their basket,
basket doesn't belong to you take it away gotta have multiple baskets absolutely.
[21:48] Well actually have an interesting case of soder related to that coming up a little later in the show dealing with videos not not an influencer button moon.
Anyone i will be there right now let's talk about the zac brown investor situation.
The zac brown band has prevailed basically in a suit brockbeats investor in their early.
[22:17] Start a face of things georgia court of appeals from the lower courts decision that this early financier of the now world famous zac brown band king green copeland
is not entitled to their for not owed royalties on the bands individual songs that really was based on a two thousand seven agreement between them which granted copeland royalties on both individual songs and album sales.
As well as zac brown band merchandise before the band was signed to a record label but only on album sales after
the band was signed to a label so contractually have these two sections the first describe and provided for royalties to copeland wild the brand was releasing it's music on atone and specifically included sales of individual songs in albums.
Any other name the second section didn't mention individual songs describing only royalties on album sales so section two the grandma women to effect
the following year in two thousand eight when the band signed with warner sponsors atlantic records.
[23:20] So receive royalties on sale of the individual tracks for a few years because.
You know things changed since two thousand and eight and,
along comes the digital on itunes in the i guess i can't this around background but individual track sales.
No outpaced album sales pretty quickly so cold finally enquires with the bands accounts put never got a clear answer
and then there's a separate dispute relating to unpaid merchandise roaches dot com resolve and then copeland soul man and twenty fourteen over these on page royalties on the individual tracks.
By the time they were largely single song online sales
here we go itunes right another streaming reference to other sales inside that section two of the agreement,
made it on this point but the lower court ruled in favor of the band on summer judgment finding nemo the agreement untitled copeland.
Album sales royalty only and architects section two contract with sufficiently vegan dustin interpretation for jerry and not a judge to decide and copeland make sense.
[24:40] Can i should have got a situation for simply red
we wasn't sufficiently vegan and open to interpretation that the jury should decides right so called and the georgia coral hills found three greedo to be sufficiently clear
i am coupons royalty right regarding hopeless romantic right hand as a result the lower court have been within it's discussion to ruel by summary judgement.
[25:05] So that counts as well paragraph two subsection b explicit provides the percentage copeland was repaid on sales records and body ambient ire album.
Close on.
Darius instruct contrast perfect two subsection a which includes the term individual recordings from the album there's no mention of individual recordings much less any method for calculating royalties for sech sales thy mission is notable
set the judge the courtship make sure royalty close this is the practice to make sure you royalty closes in your clients contacts are
clear on exactly what sales those royalties applied to the shouldn't.
Be with anticipatory it tour i'm sorry should be with an artist pretty i thought the future.
You know make sure you capture the real intent of the parties to avoid these kinds of an internet oversized if if we carried away what do you think is not.
Will i think it's interesting justnormal drafting standpoint why wasn't the language mirror.
[26:08] This is why ok until you get a deal this is what i'm going to get my percentage on.
Yeah after you get a deal i'm gonna keep getting the identical percentage.
No after you get a deal i'm only gonna get money from from x x y z so if if was happening before and after the deal was identical there was no
exactly yeah you just just be.
World provision i don't understand that the thought process things change when you get signed to a record people when you get to a major label and so.
Again this is just me more monday morning quarterbacking just what we do.
[27:02] When we get a deal.
You know the labels gonna take a bigger percentage we're not gonna have as much to be able to give you but we maybe making more i don't know but.
Most of the time it is treated differently for the investor after a major deal is intervention it just looks different.
What time was there probably the fog.
Getting paid off of albums makes more sense they getting paid off of singles what year was that two thousand seven two thousand.
[27:38] Yeah probably still fuck that the music industry wasn't exactly forward looking about the no no,
where we started talk about it sure but nobody was thinking spotify.
[27:57] Yes or even ninety nine cents loads on itunes.
A lot of folks lawyers included were thinking this album models gonna continue that's right we're going to four itunes to only.
Download the album and then the record labels figure out that's not working unless you are garth brooks so.
[28:27] Yeah so so anyway that within the four corners of the contract.
[28:35] I was interpreted and it said there's an and there's a baby and you know this is how we gonna applied.
Seems right to me i feel bad.
They made the deal maybe i hope has recorded is investment and,
no this i think was only limited to you know he invested in these projects.
Before two thousand eighteen was the early early zac brown stuff that people are still buying it so there you go
well you're the one that i want sort of alluding too earlier about we were talking influencers things like this one is doorman versus vimeo you wanna jump into this one.
This is really interesting and i just practice this by saying we we hit a lot of.
First amendment free speech things but in the last few months the last year of two thousand twenty in forward i think we're gonna be talking a lot about.
How constitutional free speech.
Does or does not apply to private businesses a nxworries when it is so court of appeals this is all the second circle affirms the district quartz decision.
[30:03] That's action two three perenne communications decency
provide vimeo with ammunition from a lawsuit and requires that donovan the plaintiffs guy planes be dismiss so the parties are played of james domino he's a president and founder of the nonpoint,
set organization church united he is self destruct use a homosexual for three years but because of his desire to pursue his faith and christianity he begin to identify as a former help homosexual
the definition of bibio
platform that allows users to upload view and comment on on video user generated content platform again vimeo has a policy in place for hidinin content that promotes
never mind sexual orientation change efforts the church united through their vimeo account uploaded eighty-nine videos and about two years and some of the video content reference to play toast former homosexuality,
former homosexuality life story,
end sync sexual orientation change efforts five videos that vimeo flight is violating their policy.
[31:20] Implanted continue the videos romantic challenger proposed build the city of california which would restricted prohibida
so so starting late twenty eighteen vimeo email domino informing him the church united account was marked for review explaining quote vimeo does not allow videos that promote sexual orientation change efforts this is
are there policy part of the november email
warned them at the entire account could be removed at the videos were not taken down twenty four hours i did instruct him to download the videos.
The church didn't take church united did not take down the videos and feed me delete their account in december twenty eighteen thirteen days to.
But the content was the question.
What is the dominos church ninety claim that invite faith vimeo criminal it against them.
On the basis of religion and sexual orientation when they deleted the church united's account from the platform.
[32:28] This is the unreal act right
california planet claire based under the unreal act california's constitution mandating viewpoint neutral regulation and public and crazy p public
i'm and new york sexual orientation non discrimination act play it also pointed out that they believe videos.
Similar to their own flag material on.
[32:56] Hey portal resume loud videos what you're not flagging in taking down that look to be a similar content instill accessible on your on your platform so
defendant's response what's me about to say it all at two thirty is a.
[33:19] Unity from lawsuit for these kinds of claims the.
[33:26] The court look dead inside look second two thirty is the government statues for the intersection of law and social media preamps those state statutory claims so under the section two three two thirty two,
vimeo cam restrict access to materially in good faith that the company finds objectionable.
End the statue doesn't require them to have to use a particular method man force meant or
mandy perfect ten for smino basically give them a lot of discussion to decide what's on their service and what's not and the purpose here is to give them that discussion to identified remove what they decide is objectionable from their platforms.
Without any liability of those decisions and it also turns on the,
contract between the user and the platform saying hey when you sign up for the service you agree the we have this discussion so.
You know there you go
include allegations of bad face in this did not survive pleading stage no please intentional discrimination against
the fact the thing delete the entire account rhythm just the individual videos and also the existence other materials planet believe was similar to their own
really wasn't irrelevant factor for finding of a bad father so that the coral appeals affirmed the district quartz rolling.
[34:51] So i mean the city deals with private speech restrictions which are not held to constitute standards this is.
I guess the same thing with twitter and facebook and others saying we're gonna organ close certain accounts they can do that now.
Do you think there's a possibility that changing the permissible for missio removal of quote objectionable materials under sex two thirty could be changed to fun lawful.
[35:25] Materials or should it be that would deprive these companies of their free speech to decide what they're going to allow i'm with her not going to allow,
and so that changed to the wall might actually not survive construction screening.
[35:43] Hey portal interesting because i don't know do we have an unlawful.
[35:48] Is that a define the term i mean you know obscenity is waffle material certainly we would expected is kind of required these companies to take down obscene material.
[35:59] I presumed that material that's dean to be with amazon the breaking into weird questions what is it really inside man when it's over social media there's no eminent you know
how do you know there's a eminem of something so kind of interpol black mirror when you,
go there but i think the only thing is there they have the discussion or they don't have the discussion if you say and i don't think i can i think saying to a company like vimeo.
You know if you you got everything anybody.
[36:40] So their.
[36:46] I'm free speech company's free speech.
[36:54] I think there's no weather real solution leaving you there
pause in the congress to amanda the second two thirty that would definitely take it away from being an absolute immunity from lawsuits and make it safe harbor of some sort don't know that
what really make a difference or.
[37:16] Harvin discrimination claims from the immunity i think.
[37:26] End the public in a broad spectrum public there's.
[37:35] Private website my blog website where.
Hi i want to speak freely i want to post my own videos i could host them on my website and not host i'm through third party service and i,
can do that that's my freedom of speech.
01
[37:58] Cancel if you have user generated content a new want to place it on a third party platform.
Maybe located in doing that within the scope of the platforms exercise.
What let me live right is that is a little different type of that if you have your blog post your article on it in somebody post to comment on you do you have comments on your block.
I didn't somebody tell them or not it's not the name of your blog.
Moral character your posting yourself uno you should have that discussion that's your first amendment right at work also and it's your your body does nothing stopping from that commenter from hotting up their own blood.
[38:53] That's right and the take it virginia link to mine and there's all kinds of things like that could happen so that said these videos can live.
The church united videos can actually do live somewhere else i off if.
Yes mute interstellar they can't see is not on.
You know what it the second largest video user generated content platform i guess vimeo find youtube the challenge of these kinds of kinds of situations is that
not with you and me and our small private.
[39:29] Privately owned and operated websites it's really with the facebook send the twitters and the youtube and end the vimeo of the world that are.
The defector public square of the twenty first century and so.
Where is the law clearly says anybody who wants to bring their soapbox out in stand up in the public square and say whatever they want that's first men at work also but when
that public square is now
find stephen owned by a private entity it becomes something different what's the complaint many people had about.
This expensive interpretation of second two thirty.
Nobody stopping other
play aries from coming into the marketplace in creating their own defector public square leaving a side button the other ball conversation of things on the way that you know where
where dividing the country upper the world up into you know people who only agree with what i say or only wanna hear what i have to say those kinds of things that we get it over.
We don't need to do i think it's as a consumer of content which is what we are today we have to be aware.
[40:49] That social media sites are not.
The town square right but you are not going to hear necessarily your side my side the other side five different sides to the story.
Recently going to a clubhouse that we bought into.
[41:08] That's right that's what we're going to be herring and if we don't not always we're not sabi consumers of content.
[41:19] Voices are going to be shoot out weather avoid agree with or not voices are being shoot out and that's in an exercise of a third parties.
Freedom of speech issues around the world of the media
john oliver what what is really journalism nowadays again not our topic now
a child who's getting a degree in a school of even he's not playing to be a channel aspects in school of journalism i find it.
Fascinating and would love to go back in take these courses thirty years later because they are very different in some regards from my edward and i study when we were in.
Taking media classes in the eighties changing landscape
no open this next one is like way changing involved do you on any block chain gordon.
I do not any bitcoin no.
Any nine hundred one tokens i haven't looked at my bedroom jams like a mushroom.
[42:35] Set what is the nfc non-prodit fun not fungus funk token digital good like bitcoin.
What would the addition that it isn't meant to be used for trader commerce
you can't say bye your new tesla or brand new house or get your kitchen her paired within nf
what like a bit coin they come with a ledger that tracks their authenticity like digital right management restrictions on a file.
End so confusing them i mean how are they are i found this i did not know this existed either until the last month figure out that it's like a cool thing happening in our space with
what types of clients we work with the represent that they are now distributing original war.
[43:35] Underground i guess under with tired two nine hundred token so that is your certificate of authenticity is this digital invented tokyo.
Yeah so it's basically this is the script code red signature attached to a particular
digital copy of the fan right on track who is the official owner of the of the official version of this,
thanks.
And dutchman signal just in yesterday's news the very first tweet ever posted on twitter by jack dorsey the founder of twitter sold as an f for two point nine million dollars.
What tweet one hundred forty what i'm confused what what do i do i frame it.
[44:32] I really don't know i guess what's the privilege of saying you own the one the.
The official certified things it's sort of all a bit of creative fiction i think.
You know let's make it let's attached some kind of crazy cryptographic number chain code to it and this is how much wanted some how much is it worth,
minutes willing by willing seller berkeley's.
Is it up soft cell rise soft please set the bass are they going to start having a catalog i wouldn't be surprised.
So music we've seen this happening with the a group is a kings of leon they decided issues their latest album in the form of an fifty six copies.
They were options off effect a lifetime concert tickets on i guess and the other companies media chain
joe utilizing similar database technology two sharing formation and insure fair payment because this black chain ledger allows you can you can attach a.
[45:41] Boy called secondary use payment royalty essentially so
does payments coming made in real time their managed using the technology to manage payment establish change of ownership it's really interesting technology is funny just yeah.
Months ago was talking how could you license music into podcast and other media in away that youtube and
give me facebook could identifying and look at the violin say yes that music that's in there is licensed and i wonder if i'm betting something
similar things would be aware proving there's license because that the think so and so this is why i just wanted
i am not a technology person if the top of the show didn't make that flavour everyone is that of the block change your different because i did ask if
find his doing a lot of work in the block jane space and so,
no that nf goes to this digital fingerprint authenticity block chain it is this in coded.
[46:50] How we get this wrong sleep some type of digital and coding but it is away that you could be used to determine whether or not you have a certain license for a piece of music but it is not a.
[47:05] Increase it's not the same thing is anonymuz punjabi token similar there there cousins demun jones i guess i used to prove the,
existence of the end of the tour ok ok ok used to make it a lot actually so.
[47:25] So we've seen this week in the music industry we've seen this now in the art world.
Create digital collectibles fuck off figures or the tweets like reserve objectors eastwick
but it's also opening up some situations were developers are selling their previous work that they made into a video game or something like that are artists selling and ateez the feature characters they created but they were
create a based on someone elses assignment for example indie game developer took digital assets.
Are made for his game what you been turned around and sold them as of cheese associated with us
never heard of a dutch option before but apparently better you set the price high and it keeps getting lower until somebody pull the trigger and vicetone so
assets created request to buy the game developed the game publisher back in twenty thirteen wait before it was thinking about this stuff.
And it's actually pulled some of the assets out of the option when when his artists for question so developer the highest artists and then he take those artists works and turns midnineties.
[48:36] The other thing is apparently the the purchase and resealed of case comes with a ten percent royalty feel so
resell of the nfc if it's because it's loud would insure the original seller gets a cut that's an interesting.
Hey portal remember how we talk to we talked about that and it was related to original works of art and that that's statues was.
[49:03] Set it was restart out yeah strung out saying you can't you reset your original work of art you don't owe any money to the artist
presumption by the copyrights for say anything so right black if you have a contract
because you doing this understanding.
[49:28] I think it will it would do i mean those contractual rights and less than we have some creative pre-emptive arguing that you can't
are tracked around copyrights so what comics is now this is the moving on to the film and television in the entertainment industry person dc comics jumped into the market created
digital sky mall digital sculpture is exactly batman i guess you could.
Do a three d printer something like that and we made in the nfc of these digital sculptures and they send a message out to the artists of they used to create their animations and whatever else.
What they are not to sell any of the artist enough so another it's it's our copyright we're the ones we get to do this artist.
Work for decent marvel pennsylvania wonder woman back in the seventies and eighties and he told some nineties of summer his drawings and made it,
one point eight five million dollars from those effects so i just wanted.
If you have a regional.
[50:39] Drawling i mean we know that you can resell it because he may not be able to make.
[50:49] Multiple savage he could sell the original and this is just a second visit original.
[50:59] Put the original was created is working for higher back in the seventies and eighties that belly that's what we don't know was his original sketches that maybe did not developed into the final part of it
part of what was purchased resigned in the process so.
[51:21] When i mean vanishing about this technology is the fat rat block train record could be the evidence of.
You know who's this is weird came from all that but beautiful incorporated frenchmen cases well
i think it would be okay so should just so here's here's really yeah making money off of a bad situation if you wanna craft a really good season desist letter because it turned into a lot
will that would be enough as we has lawyers when we ride hours season assist should we make them off so that the,
the campaign result i mean
rediculous and sublime i guess here so what what happened is dc comics sent out this letter to it's artist sings don't tell any of our character designs as as an f 's and someone talk about letter and turn it into a nf insults so.
You know more power to the person credit excuse me.
[52:29] So what should we take away from this well for salt this is a functional contractual rights all we know every
side of the single so if you are unfortunately we can't reach back to contacts pre exist now but if you're.
Create an art work from weather to work for hire whatever you on you're doing commissions or whatever you can include that royalty.
Tell me if you can you make a part of the background payments if there's a profits participation those games things i'll be interesting when these company start doing i have to use.
Does that get factored into grocery seats.
[53:12] The prophets or whatever and i think it would it should but if it wasn't specifically name you're going down kind of interesting talk about this for decades.
For artist to make a living off your digital images.
This is a whole new area where infringements concurs somebody could take your image turn it into a lot select for lunchmoney and continue collecting royalties for selling your work if you don't catch up.
[53:37] You know that's the problem so we gotta be vigilant about these kinds of things.
[53:42] Tracy using that lil tracy it's also contractually i mean if you're the
copyright owner entering into a contract do you mentioned in from the silent ride
any mention nfc 's while medially the other sides can say yes thank you for bringing that will be happy to take those
through the universe in perpetuity and i think that's enough would qualify under that i don't know if is isn't nf tv right.
[54:28] I don't i don't know because i think it is in authentication i think it is.
Three did initially it's being treated as you have signed artwork one of five.
Set that to me is limits it is eighty one original or.
Limited edition just as if i had an original banks banksy hanging on my wall.
Well so that allman brown how you get the girl prince when he did the thing with instagram send them off on big campuses i wonder you know what their any.
[55:14] Resume america think we're gonna be think we're going to sing this next richard prince,
work we're going that's gonna be the next round of this that we're gonna see if anybody audience doing much in our practice in this area this is too,
the top of public awareness in the last.
What month or two but is there anybody out there already doing legal stuff in this area we would love to hear from you get what is notable come have to come on the showing and.
Show channel or just show yourself look at us now what we were round here too quick clubhouse.
[56:06] Absolutely what
this isn't another trial court level thing right now but it released podcast long and defamation in the podcast base and we don't we don't get a lot of cases that death podcast lots it's
you know.
Practice area of mine and so i'm gonna bring it up and talk about the cases is parker versus spotify spotify high five content trade craft alternative llc jason cavanaugh the defendants brought by christine parker the planet
the podcast involved is called son of a hitman a tells a story of charlie harrelson charles harrison's life and crimes harrelson the father
brett and jordan harrelson as well as their brother actor woody harrelson charles nelson convicted of the nineteen seventy nine assassination of a federal judge.
[56:58] John wood wild
isn't involved in the podcast but the brothers bretton jordan are participating in the production of this thing that is hosted and executive produce by jason cavanaugh i am
carrie on spotify so so the woman doctor kris kross santa
is an attorney license to turn in texas but no longer practicing she hold the multiples certified healthcare degrees and testifies a trials is an expert witness in the field to post traumatic stress disorder
she says that she was henry she was a witness in the original trial and she was interviewed by kavanaugh for bottom ninety minutes recording session
two to be a part of this podcast the allegations and her lawsuit the podcast
only used about five minutes of that ninety minutes interview and let the audience to the falls completion that she has young attorney officer the court was either complicit or actively participated in manufacturing evidence.
[58:03] Perpetuate an unfair trial on charles harrison as i maybe she was a witness she was some how involved in the case
i thought it was a witness so
she says lucian never would have made it to be interviewed for the podcast if she had known but two of the sons of charlie wilson warren g vault in it's production she says cabinet concealed that
he was working closely with those two when he requested the interview and she also claims that because she signed a town a town appearance released.
Thank goodness that's my boy crusaders.
Hey portal use released after the interview but it's on in forcible because.
[58:45] Play filter disclosed that bread harrelson is an executive producer of things so she claims the show profited off the sensationalist presentation of her interview at the expensive reputation and that it's falls patrolled corrections
could costner employment opportunities is an expert witness in cases that involve post traumatic stress disorder
questionable the the fallout effectually even if accurate amount of arrival definition claim we gonna be watching nas this goes along but you know that language could employment that sounds like speculation to me
and you know with this released every release form tell you all the executive producers of the project are.
I don't think it does but i'm wondering it sounds like again this is us speculating she probably asked.
She asked all these girls an brothers involved in us i suspect she did she didn't because it.
If she was so adamant that she would not participate i don't you think she asked if she ever knew to ask what would be the trigger for that.
[59:56] Do it if you like to run said no
it's another if you just never mentioned it because you know i'm the host and producer of this show i'd like to interview you about this trial that happen back in nineteen seventy nine involved in it some how and it looks talk to you about it would you mind coming into studio recording session
does the she and him said no and that was not in writing riding.
It wasn't a statement you know in writing that said i am only granting this released because you have a shirt mean that the following people are not involved between now it's not in the release.
[1:00:34] But if it's not in the football four corners of the written release it doesn't matter.
What if it was induced by alive maybe does i know i don't know if she did if she thought if she could see me now to ask and then he said no of course not.
[1:00:53] You know any kind of assurances at all then maybe that release fails.
[1:00:59] What will be so this was despised in february february twenty four two thousand twenty one in san antonio so can i find that we've got a texas case going always fun for me and we will see what comes back.
[1:01:12] No when answer gets filed in less than thirty where it at thirty days right now does texas have anti flag statue.
They do so there's your first motion.
[1:01:24] Ok so we'll see and wilco look and see if one of my colleague does a bunch of anti flag working taxes representive have a follow up on this one so do you spend
let me just ask it listening spending going on a giraffe so if if you were
if you are in the world of spin in spinning my you just automatically think i'm talking about going to spin class which looks to be very.
Painful it looks to be very painful says the woman who crossfit for a five.
Stop doing crossfit about two years ago i would his going to start.
Turn the pandemics yet i was offered year than the pandemic hit now i actually do boot camp through punches similar to crossfit but doesn't involve heavy things which is the
so i think i'm spin class i don't miss you serially think of mad dog sports.
[1:02:30] Bradley right that's where is peloton is trying peloton the lord very well known brand that you buy a very expensive by zico to do.
[1:02:42] Right the bicycle for spin classes suing to cancel madonna trademark for spin in spinning.
Camera the trademark lawyer is gonna throw in his side here to stay mad dog has a multiple trademarked dog athletics has multiple trademark registration and not all of them are
forward you know offering classes
add training related to riding a bicycle ever how they they were that first first spinning they have been for kinds of merchandise and other things as well but pentatonix are going that.
Spin and spin argentina get describes a type of exercise by and associated jewel using that bike and instead i o class
set the spin class in spain by are now part of the fitness lexicon i don't even know what you would call it if you were going to a class
spin class i don't know what the none.
Generic term is for that i mean it's fitness arena one of the brand that i think is is iconic explicit from our age group is is roller blades.
[1:03:55] Play almost became generic and they had to do a huge marketing campaign two rollerblades in landscapes because in line skates is the generic definition generic.
[1:04:09] For what that product is so i don't know mad dog is the website how to properly use these arms.
Yeah is that enough i don't know so peloton has fallen action man february i'm trying to room for tuesday about ninety
days are so before we get a response back at the trademark trolling appeals board i don't think it will cancel all of their trademarks but specifically to the one star providing the class instruction sitting on a bicycle ever have describe that so
can i think it is i don't.
I want ask my friend who goes to a lot of these classes i don't even know what to call it was probably stationary cycle or something like that.
You know i mean a peloton is a brand of stationery bike.
So
Every studio around the country that offers spin classes spikes from them if you're gonna do a spin class.
No right now from the well it's hot yoga versus from yoga.
[1:05:34] Is it hot i don't know that either there's a lot as my husband to say you just tell them you go to a good classic say i'm not gonna do that that's pretty much yet i'm not gonna do yoga normal going to spin class
make in the world of spin classes lettuce know that would the true generic word is.
I need assistance mentioned via shoe with what was the the band for almost royal play another one that is interesting because you know just pop culture is the velcro
lawyers video music video.
[1:06:09] Go go to sleep for voyager video velcro on youtube on your find their to videos with a lawyer's actually do a really fun song explaining.
If it doesn't save all crow it's just hooked loop
lower the top of fun so little different maybe we get that interpol
i love it i can't wait i'm gonna be going i'll be sharing that on all of my social media post as soon as refinished
trade martin nerds we are ok i have to tell you it's it's march madness i don't have a bracket do you have a bracket.
Ok there you go media guy not now
ok what was recently been watching a little bit of basketball our house i'm sure my husband has a bracket i don't wanna know how much is on the line for his breaking bad did you know,
the increase
let's see what the percentage is obviously there's a lot of absences from work during march madness
end that timmies rise as much as fifty percent during march madness because they require approximately three days of recovery and all you can do it on the couch and watch tv.
So why not schedule this operation during.
[1:07:36] March madness all of these football basketball games are occurring so very clever your allergy practice in virginia virginia orgy center in richmond virginia register to trademark for vasectomies mayhem and it was granted back in
september twenty twenty in class forty four for physician services medical services namely treatment in your orgy for adults.
Services namely functional assessment program for patients receiving your logical treatment services for purposes of guiding treatment
program effectiveness your logical surgery start using the phrase and add a long side basketballs and signs stating hoops madness and the ads baseball say hey.
[1:08:23] I want your couch time with optimal two times for the best games clearly referring march madness in the ncaa basketball tournament so that's where espn
what is article about that fifty percent increase
yes please espn right this article in two thousand fourteen which was the statistics i just quoted for fifty percent.
Rescheduling my best action during march madness the gentlemen who are doing that if you're a woman needs some kind of surgery maybe you figure that out as well so so
cancel.
[1:09:14] Number of marshmello march madness including a lot better swervin correct versions of the phrase like midnight madison march madness and march mayhem and their partition used to marshall confused deceived consumers into thinking of the clinic services are being marketed in connection with the ncaa a
add the clinic says the legal challenges necessary evil no consumers will believe that the sex matter in anyway related to the ncaa and so petitioners going forward in the course.
Usp on the tv and i don't know
so what it tells me based on the fact that they filed to cancel is that they missed the window,
hey portal which is the time given how a recipe are better trademarks.
[1:10:04] That's right so for the ninety eight rock lawyers when you file application for
trademarking if it gets through the stages of being approved by the us pto there's a thirty day window time in which year application is published the federal register.
[1:10:23] That's not what is the federal register but they of africa in anyway and indian anyone who believe they may be damaged by this registration being approved.
Can file window time to apposed file an actual opposition and the sea sorry i'm looking forward while we're talking here.
[1:10:48] Clearly that window was not hit because it registered in they had to violet cancellation so that that didn't happen so we will see if there's anything to report.
Yeah because back from last year from twenty twenty so.
[1:11:07] Ok interesting gotta lotta lot of planning ahead to make sure you on the on the taylor swift,
good with the evermore.
[1:11:23] Park in utah which is bad brains itself experience park back on february second the evermore park follow federal lawsuit against taylor swift for trademarking frenchmen when she released her newest album,
never mind the same name and it's a company merchandise evermore describes itself as an immersive experience park
yes have the opportunity explore the sort of themed european village and interact with fantasy characters medical creatures fortuneteller pirates and seaforth so the winds of fantasy themed park alleges that swift use of evermore,
set alize on it's marketing efforts start actual confusion and drowned out the parks online presence another world they fell off the
front page of google response switch lanes claim the park actually benefitted from the association with her album and clean their could be no actual confusion because swift website doesn't sell
things like small dragon eggs guild patches or small dragon mountain nothing on us i could be remotely characterized outside
so swift is known to be fiercely protective over and a.chal property rights has counter suit the park for copyright infringement apparently
employees of the park regularly performed menu of swift songs including love story without a license for years.
[1:12:43] The employees playing the music that they there's a band called the bards i guess that performs in it takes request and we were actually find any video recording of the
what time is singing love story specifically are any of taylor swift immaterial probably cause it was taking back on youtube but there are links on on youtube dot her
performances to give you a sense of what is desert rose in costume intervals little bit like a renaissance fair account costume vibe.
Yeah that's the saints when i looked at the i am damaged over that gave after me i don't know if.
If you watched any of the green awards from the prior week
i spend too to example way down taylor swift actually really amazing performance combination songs together
and if you look at the setting.
Wow do you look like she's in fairy land.
No
[1:14:00] It was really beautiful mess set was just beautiful so that was the first thing when i look at this way when i was reading this that i thought that was just the design for that performed for her performance.
For the trainees
violation by using the same title of their their registered in in the class that would matter for her and vice versa so not a direction frenchmen within the same class but that doesn't
will there they are registered in forty one for providing halloween
theme park services at they have some registrations and some active in some
cancel so entertainment services that's what forty-one would be but we also know that the album album title does not equal a trademarks so
you can't clean trademarked she couldn't change me trademark for it for the one album right
set up what was just can't i think it's fine i mean i wish is very protective for intellectual property and.
[1:15:02] What comes from it like to hear some people what they think i never heard of this evermore park maybe if you lived in that area where it's somewhere you.
Attended you might think that one for news that you know if if.
They have one little favor the past few years
i'm it has been sending the park season desist letters regarding copyright infringement and lack of licensing and they basement party is basically ignored those notices until just recently
when they asked for retroactive license for it's performances i guess the the real tip here for potential planets and the walters is if you're gonna go sue someone.
In the music business make sure you paying for the music licenses
before you go into sleep because you know her one of those situations where.
There's no such thing as bad publicity but you know if various artists against.
[1:16:07] Put a business.
Weather gonna have to get their licenses i mean that's that's that's gonna happen and their going to retroactively get one sounds like so you go from there.
Invite is the rap up two
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[1:18:00] Music.