Transcript
[0:00] Hey cortana walter thirty-three june third twenty twenty.
[0:08] Music.
[0:14] Hello everybody it's me gordon firework from los angeles california.
Hi i'm tamara bennett from the dallas fort worth metroplex you're listening to entertainment
monthly orso pull together around up of legal business news stories and cheryl pensions and commentary van helsing monthly or laugh about it because we're running a little behind this time around we had we both had some stuff going on just sit down and so crazy
forty-eight hours prior to the two being extracted out of my head i thought i'll be fine to do the show last wednesday i mean,
i was not fine at all so thank you for.
Allowing is the bush the show off for a week ago.
So yeah i wasn't in my home studio i was living in a hotel we having some remodeling dana following up dishwasher leaked flooded the second floor our house this year we expect the whole first.
[1:19] Five and a half months now of five months of twenty twenty one living the construction zones so finally getting back to normal i'm extremely happy about it so,
that's right now hopefully we will not hear a musical crash as i understand the piano is being reinstalled while we're on the potluck recording so,
from the nineteen thirties so it is ungodly happy beautiful,
nobody our house plays but it's a beautiful pick up kids and piano lessons.
Set up don't have a minecraft.
Overlay for that do they probably do create theme music movie for it there you go that's the motivation,
it's a it's it's been in the works for a while now,
almost subjective nf we have a little bit more to mention it just came up right after last show we did we don't too previous episodes where we talked about nfc these are non functional tokens digital,
signatures fingerprints authentication tokens for.
[2:47] Works of eugene generally digital art so we forgot to mention her didn't mention the skit that was on saturday night live the departed of eminem 's without me
turn off to be a pretty good primer or primer depending how you say it on and f.
So i just wanted to mention and we have a lincoln the show notes to this so very fun and f x skit on saturday night live.
It's.
[3:15] I do i know you're talk about it can't remember we talked about it on the podcast that maybe we are no longer the target audience for saturday night live this skit.
Set it out the park you know so hanging to the end because the very last of the skit actually is the best summation of nf so it's pete davidson.
Create ride around i can't remember and musical guests jack harlow.
Dictate this rapping skip to the eminem hit without me and it was still life,
add a pretty good explanation of everything all the issues including the empire mental issues around and f x meeting process was really dresser to skip but it's always so let us
commence back to you and the monkees in the shadows at entertainment update dot com slash one three three.
There you go ok i think we talked about this children's song called fish sticks and tater tots.
A few episodes back and we have a little update on that netflix apple and amazon have now avoid liability for using this children's song in a documentary film about.
[4:35] Burlesque industry the
seconds organize affirm district court grant of dismissal concluding that the used of the fish sticks and tater tot song which is the children song constitute to use what used in the documentary burlesque
help with the glitter tribe back it up so hundred twenty two we talked about this the player senorita this children song about a student
looking for to lunch in the school cafeteria aso fiction and then event in the documentary abra let's dance the used about eight seconds of the song with the lyrics fish sticks and tater tots.
Song five different times during her reverse mermaid routine the planets clean bandit is unlicensed use of their work and suit netflix app on amazon because that,
does platforms weather documentaries made available and the defense of course good bad furious protected display of the film the
district court judge ramos of southern district new york granted the motion to dismiss concluding that
will the second factor didn't favorite either party the first third and fourth factors waiting favor of determining that the defensive made fury use so just a quick analysis the appellate court dinovo review of the furious factors.
[5:48] Add affirm the district words decision saying the first factor purpose and character views,
the documentary clearly fits within the description of sexual one oh seven as a commentary isis the best of cartoon on the resurgence of the burlesque hurt for me in portland oregon
the story centers around and exploration of the artistic process of the group of dancers in provide commentary,
she's around gender sexuality and the artistic process and the instrumental use of the song in the documentary provides commentary and criticism.
[6:20] Second factor the appellate court didn't address at all.
Read the jump in or something i was just gonna say something on the first victor i think we get all the way through it makes sense spend it said the the court sad the incidental.
The song in the documentary provides commentary in criticism so mentally i'm trying to.
[6:46] Put together incidentals equals commentary and criticism how can that all.
Work,
because it feels like in this first factor which is supposed to be the purpose and caracter of the year is that not an announces of the eight seconds.
Versus analysis of the total documentary.
That's a good question i think it's it's i think it's sort of a hybrid of that how is it used in context in the documentary is a factor and if it had been instead of eight seconds eighty seconds
no incidental or less incidental use again of the duck dodgers two hours long eighty seconds to listen that much.
But it's much more substantial more going to the third factor that goes to the factor of the length of the total song original work i think this part of the.
Troublesome analysis and furious is that the judge's
depending on hulu judges are they do this analysis and they crosses like a diagram of factors and so they sort of cross over and by adding the word incidental into that,
set now a bit gets asking what about this third factor is not a third factory issues.
[8:08] You know you're right but it goes to a mountain substantial city now also it is my understanding v eight seconds was really kind of i think the incidental comes into play because it was background music.
Also unfortunately took me a minute to put together the correlation between.
[8:29] Reverse mermaid which would be a fish and the song.
Switch text south park hopefully everybody else i just help you if you had already put together that they might be some
connection between that i was really trying not too if i know it's ok alright so second factor
hey portal even address it thank the lord decided
it was no troll on this one third factor the amount of substantial did the portion used hear the amount of borrowing favorite furious it's only eight seconds of the song that's enough for the film to portrait bless dancers in portland,
show me also got the fourth factor to think about which is the effect the infringing use house has on the potential market for the song so the song is three minutes long the feeling uses eight seconds,
play antidote audience for the song in the film,
probably different people that song using the documentary does not as the court was a plausibly fall within developed in traditional market for a children's song so i think that's probably terry i also wanted to say that the dip
send two things one in this is what i recall we talked about an episode one twenty two was that the,
trial court's decision was a motion for the judgment on the pleadings.
[9:53] When it was renewed dinovo at the appeal cord and was that have also the defendant suggested suggested on a pill.
Set the duck that the documentary was not a documentary scripted.
[10:11] Photo documentary i guess it was,
no i guess the planets suggested that i'm apologize the planets in trying to orgy then some of these furious factors i guess did not come into play if it wasn't for gucci.
Interesting shut it down and said we reviewed this.
Should i bring that up in the bleeding switch that makes me say wow.
[10:44] Best if i can say it specificity in the,
what yah mean currently in the answer i guess i should have play that song kind of a defense or but i don't know i mean,
what is in the politics on the original motion you could have brought that up too by spose.
Turn down.
Ok so documentary it's a little bit of this song a little bit of the film and.
The markena impact negligible not the same markets at all i'm sorry interested in the not the same market you know.
I thought i was an impact on well.
I don't back on the market for the song weather uniformity used the song licensing any form if people can now use a song without licensing it because it's a children's song on this is an adult themed.
Repeat that seems like a bird like an expansion thanks.
[11:58] Who is purchasing children's music adults also watch documentary about.
[12:09] Seems like listening music for songs i'm listening live for songs on and you know if people can now
get away without using without getting a license this is a documentary it is a small.
No probably furious seven the judges on the appeals court potsu.
[12:33] Well we have another instagram copyright lawsuit back in hundred episode hundred twenty eight
we started talking about this growing trend of cases around the impeding of instagram photos on third party website and ben and ben the process where content can be viewed on the website the actually hosted on a third party usually
instagram in this case server generally these cases of involved website using the invest function to display the photos from instagram without getting any permission from the photographers actually own those images and instagram is largely avoided getting involved in this
last week the alexa's hunley matthew scott bower found a class action lawsuit against instagram itself on behalf of absentia everyone who sings
july twenty thirteen has registered copyrighted work uploaded to instagram and invented on a for third party website.
[13:28] Using instagram and bedding tool without their permission their allergic several causes of action inducement of copyright infringement contributory in frenchman and vicarious in frenchman and.
The claims basically about the cause of action all claim turn on these two planes first bathe users instagram's and bedding tool publically performing displaying distributing and reproducing the class members complete works without authorization,
from either instagram or the class members,
are there by committed the process,
contributing two or being by tarrus riley liable for that in frenchmen so they are seeking classification and damages discouragement so prophets.
Hey portal relief they wanna join both direct and indirect indifferent by instagram and any of the act contributing tour facilitating anthem frenchmen.
We want instagram to adopt tracking tools.
Help pop radio on his protected copyrighted content from being a better without consent play centurion attorney's season in the instagram hasn't responded,
put your commentators are saying one of the instructions interesting part of this case is.
[14:47] The question weather third party used to be instagram some bedding tool without the permission of the coroner amount too.
Frenchmen you know the question i think one of the earlier case a couple of earlier cases i thought had said that.
[15:05] The instagram be applied license that you give when you upload something instagram says they have arrived to sublime sense it but that.
[15:15] I think that was the sinclair bees if davis case the mashable case in the southern district new york looks like we talked about bad episode one twenty and one twenty three.
[15:29] Instagram and bedding tool after being denied permission by sinclair and that case those owner of the photograph,
nashville use instagram and bedding cool tool to archive the photograph without her consent in and posted it so.
[15:49] I think it's still have a valley subway surf to use the photograph that just loading it at least under that case isn't
enough about the basic user licenses a user instagram doesn't give you that sublime sense to
republish other people stuff anywhere is right ok then prior was twitter we had the tom brady.
Photograph that was impacted a tweet.
[16:19] Indianapolis settled with no appeal on that decisions so i don't know that we haven't answered,
instagram posted that bolier terms allowed to grandma subway sings we do not grant one for our in bed
app or platform policies required third parties to have the necessary right from applicable right shoulders this close insuring this includes insuring to have a license to share the content
if i licenses required by law where is gram says we're gonna give you the tool.
[16:55] You need to make sure you get the rides.
I make sense make sense i think there's a distinction.
[17:09] What's notice if i'm taking i'm posting someone else is user generated content,
i'm trying to call my brain went to mp three dot com and like if i was just uploading all kinds of somebody else is copyrighted images to instagram.
[17:28] You know that i'm not protected and i think you know instagram would have to be on notice and takedowns and all kinds of procedures but this is the end taking something that's already there we give you tool,
invite somewhere else but hands off we're not in the process of saying you you can do it is required by law
if i for courtship finding it there use your covered and it's not.
Music big boy yes.
Ok ok answer maybe this goes all the way back to max and ccr and everything else is just a tool used legal issues on youtube.
Hey share,
from the youtube site give you a link or to tell you how to do it giving automated tool to do it too all these various different services and.
Again youtube liable for every abusive that tool.
[18:40] They might be some who are you thousand should i guess this plane seremos so i think i really well i think one thing they madd get out of this is instagram adopting some kind of tracking tools and being giving,
the ability to essentially veto a share of their stuff or something like that monica.
[19:04] Add me that that's the youtube solution almost forgot instagram is on facebook and facebook is a bit player in the game so,
they have the tools on the technology to make things happen i want those launch their doing it in the sharing of music as well so we'll see what happens.
Classifications it's awfully big classic people.
I think i might even fit into that class but i don't know the name was taken any rain forest images.
Well we have an interesting story also involving what is the designer graphic designer has.
[19:51] Stop bitten by the fourth of state rolling requirements that,
must be registered fully registered prior to following the lawsuit cynthia foss is a graphic designer in two thousand and six
she created a brush your for a company called marvel's the defenders in this case to use in marketing it's sunroof.
Ten years later thousand sixteen she discovered that marvin gaye been using a modified version of the brush your teeth designed and they were using admire print online advertising without asking for receiving her permission.
So in twenty eighteen she filed suit process legend copyright infringement climax registered the pusher with the uncovered office but in fact only applied.
I'm not actually after following me original complaint for the registration,
smart move to dismiss and she found in amended complaint sting six causes of action including,
open frenchmen as well as five states fall claims the definition again move to dismiss the conference for bleachers bridge a country claims she didn't oppose and the district court dismiss the case
hey motion to reopen the case and she follow position.
[21:03] Hey portal cancel who first appeared on that day the district work hard marvel's motions.
Margaret faucet not establish registration for copyright nothing that the circuit split.
Putting out the existing surfin' circuit split and the first circuit state the case
ending the supreme court decision in the fourth estate that we talk about episodes eighty-six ninety-nine and a hundred and seven after the pain court held that a successful registration is required the district chord left just stay and dismiss the corporate claim
but not the bleacher contract claim so marvin serves request for admissions to which foxes cancel field to respond.
Add she vendor defense move for the statements in the request be added admitted to chick corea grandstand motion and two weeks later,
play this country moves to withdraw after being suspended from the practice of law it's this a great fact patterson
add miss falls i mean this is this is important
i series of unfortunate events so she's prosecution the prosecution here so she moves reconsideration ask for more time to respond to the request for admission court tonight motions market moves for summary judgment on hold the state lac lac and the districts grants
bob and foxes now appeal to the first circuit so.
[22:30] First circle she's in love the spring court held that right in the fourth estate case the first record that registration occurs when the pepper office registers the complete not when you apply and.
Section four eleven am of the corporate access no civil action from french montana copyright in united states workshop instituted until registration of the corporate claim has been made.
So she register for the dismiss.
[23:04] Against the conclusion the first time that she's made these arguments first the district because instead of dismissing her corporate claim it should have stayed her claim spending addiction on registration.
Add capability and second,
that felly to register the complete before the the soup could be cured and that their for me dismiss and was cured and then for makes dismiss improper.
Record invite and don.
End side of mdk bad reputation converses ocean coast props and from nineteen ninety-five we the party who to ask the trial court for leave that it might reasonably of soap
what would be a bit available is not entitled to importune the court of appeals to grant that relief absent the most extraordinary circumstances so that dismissal
the fourth estate was proper and then second argument we gonna be building the cure the failure to register.
She learn the covered officer register to cover on december thirty first a thirteenth twenty nineteen nine months after the dismissal for case,
i didn't move for me really from the course.
Jasmine van instead she loves me appeal because i would review the record as it existed but i read the time the district renard it's rolling because i was no evidence in the record that foxx registered corporate when the court issue sort of dismissal cell.
[24:29] Yes i do i mean one.
You know i don't know i'm guessing maybe played in the alternative is not the correct response but if you're feeling.
[24:45] District court for copyright infringement and you don't have a registration yet but you file the application maybe you gotta statute of limitations issues going and i need to get the claim filed
can you go ahead and find ask the court to stay until the registration issues or on its face to the district court half dismiss because.
There's been no registration denial of registration so that's.
One thousand two is i'm thinking how would this play out under the cassette.
Right if it damages i think it's thirty cap of thirty thousand dollars.
Hopefully by january one it will be in place where cases can be filed under the small claims court for copyright infringement.
[25:36] She's process she files it.
She doesn't have a registration and you can minor standing is you can file under the case without a registration but i don't i think they are immediately going to stay it right.
Until it's reviewed ok so i don't know maybe that's situate maybe this is
help the proceed plankton movie recommended seeing some pellek decision at some point that dress is the question of when is copyright claim
instituted cause they started says no signal action from french one of the corporate,
shelby instituted into registration of the copper claims made so we know we got this other questions what is instituted is not the filling a void interlude or is it be.
[26:23] Release of estelle lifting of a state to allow case to proceed.
[26:29] I think arguably for the state says instituted cannot until you registration or registration.
I think that's it so so filing the papers with the court under the inside the statute of limitations period.
Is instituted but you haven't got the registration certificate richardson has an issue then the stay might not be proper.
[26:59] I can see arkansas both sides of this.
Sorry i got the background noise no noise going on but i just wonder i don't think the goal is the limit.
People's availability to file suit so it
what questions of your listener on your hearing as i was saying i know you guys have it wrong refuse how it works let em know feedback you can email entertainment gmail dot com or tweet us
update at gmail app soothing it's update or entertainment update dot com and just a little little voices feedback think and drive is a message that way so
what is not you think about this and if you have insides on this when is a case instituted if there's any case one every be interested.
[27:50] No thanks.
Exit the graffiti artist the anonymous griffinilla he makes a whole lot of.
Log weather good or bad make laws you makes court decisions weather weather good or bad.
Hey what we talked about that.
Pretty much gives all of his art to the public for purposes of copyright there's no copyright and protect protection he gives it away for free or shredded.
As we say in the past but he he through his.
I guess licensing company pest control has been trying to establish trademark right in some of his images.
So in two thousand eighteen past control who issues artifical of authenticity for banks 's works filed in e trademark claims for the image laugh now,
which depicts the champions wearing a sandwich board often on the board it says laugh now but one day we will be in charge written on it.
Also to throw in their around about the same time he there was a very limited run.
[29:12] Store open with i think this are with other art,
i think it was open for life two weeks and then it close down so full color black is a specialty retailer of greeting cards that they depict famous street art and they actually published.
The left now work on some greeting cards and they file to cancel the trip mark application alleging it was not distinctive and filed in bad faith.
Are the company orgy that laughing how is a work of public refugee free to be for autograf by the general public
work has already been winelight designated drinker a duet with george.
That sounds like copyright but we're having a trademark.
European union ipod states to have calls.
Will years what they look at three items to call cancel the trademark climb banks 's anenome.
[30:28] I can't get the word out
thanks anonymous status exit difficult to a dinner party him as the unquestionable owner of the mark
interesting in his own words banks is on onwards copyright is for losers
again we're talking copyright and then he on this kiss shop in two thousand nineteen that i am mentioned stadiumx a greeting card is contesting the trademark
i hope to my art in attempting to take custody of my name so they can sell their fake merchandise legally.
[31:04] So you know that the only reason he made you open this store and shut it
shut it down so yes so anyway that you are held banks is trademark claiming laughing invalid and this is i think the second time they done that with a prior.
Mark as well.
So there's i guess five other existing trademark applications for similar works of his on file i also checked at the us bts.
Interested us registration that is based on priority of the.
Instruction and this is where i will kina say the limits of minnale when we're cleaning priority coming in from those.
There's no statement of housefires with the applications are we don't answer lies see anything that shows it in use in the us i know this makes it very vulnerable for cancellation.
Registration in the us but i do not think a priority filing automatically gets cancelled versus maybe it was.
[32:14] File under madrid protocol if you lose your home base,
you're subsequent as well so i don't think there's protection
i wonder if banks even really cares
your look these are images that he posts on onion put up on a wall and then yeah you open the store try to self again selling copies of damages this images not a brand identifier for maxi people know it's from banksy
answer their might be some falls designation of origin kinds of things going on here if the green card manufacturers are you using his.
[32:57] Designed to be his without his permission are they are they employed to the public that there.
How long for rest for lifehouse for the doors is their products but i don't see this is train street trademark control stuff so thats an interesting.
Concept i don't know how the law works on that outside the us.
[33:22] We have listen to eleven twenty five.
[33:25] Hey learn twenty five c which is the part of the plan mac.
Ok so i don't know if anybody outside.
Help banksy what i'm not let us know what i know his licensing company now they're made the decision whoever u are,
by dedicating this to the public dedicated all of the intellectual property rights to the public,
is that possible you the band in this is a trademark even before you started.
There does seem to be some sort of a panama top fifty towards if you don't get it if we're gonna.
If your gonna rain against electro property rights in general but then,
set back and really on them in specific circumstances were not gonna give you a lot of something.
[34:32] Seems piece of the subtext to what's going on here you say copywriters fertilizers guess what loser yeah yeah yeah,
so maybe this is sleeping in the bed,
maybe maybe we can i sunday ask my friend and colleague susan browning hulu art law official toto.
Join us in and talk about.
Set a this is chopin cause i think it's great when i think our listeners would really really enjoy hearing susan's perspective is being an expert in this area.
[35:14] What's the susan egan out there touched ok so you may remember that.
I have over the course of last couple of years lamented the passage of california's abc five law which is a labor provision that made it much much harder for independent contractors to be treated as such
here in the state of california it was stabbed protecting folks.
You know that.
Right share higher name for the driver era over and and left in those kinds of things that would take them out of the independent contractor sphere require that they received the the.
Actions and benefits of being treated employees well that i wanted effect in california their been a few exceptions but it's it's still,
the lord here and having some long range effects especially in the entertainment industry now,
the vitamins station has taken some steps in the direction of a similar worker rule,
nationwide basis the first day of mixed trump arab labor department rule that was trying to make it easier for companies to categorized giggs workers as independent contractors taking a stand against this labor farmer rule.
[36:39] That would make it more difficult for them to be treated employees and,
hey portal status of course guarantees workers minimum wage in federal overtime protections and the trump world of narrow bedtime,
so love people saw that trump rule as a response to what happened in california under abc five and the labor department,
federally department tried to enact that suran holidays change on a federal level to the cataracs even now the bimma station is lifted that
will and otherwise talking congress about a similar law that would require change the way we analize
weather somebody's properly categorized or classified as an employee or independent contractor so if you care about this issue either way you care about it let's pay attention to what's going on in congress because this is coming.
Forty one yes into effect what january sixth,
well in botswana rules proposed rulemaking in march twelve and then everything,
may fifth the department in houston final rule withdrawing they quote independent contractor status status under the fair labor standards standards.
[37:54] What's active immediately i think i'm with you there's going to be a big there's a girl to be a big continue to be a big push both directions.
Understand their has been a build proposed in congress a couple of times before dealing with this and now we have a.
Democratic house and felly evenly split,
set up the talk is that it this is the time for this to go through our special with the signal like this from the the bidding ministrations that he's on board with the idea so.
How will see what happens.
[38:29] There we go what are we doing name emoji lightness legislation so weird a little bit of around up here.
Number of states have been moving fairly quickly to pass legislation that would allow college athletes,
the prophets from the houses of the holy two thousand seven remaster tut at certain.
Insert states adam major disadvantage in recruiting athlete to play for him so weather estate and subsequently it's colleges and universities allow potential student athletes
to make money under the name of easy life this legislation way heavenly on the minds of recruits when they decide where to go to school.
[39:11] So right now thirteen states have passed legislation dealing with us and i'm just gonna june second so what,
yesterdays it's not eighteen more more and many of those are going to take effect quickly is july first so.
Number ones that we know to know that we have report on here georgia florida alabama new mexico in mississippi and their are
i guess now thirteen more states that still have bills in the works so these lost basically allow affirmatively allow college athletes to make a profit from their name of amy millan like this through things like endorsements or personal products ncaa wasn't formally waiting on weather i'll have it own rules.
What it seems pretty likely because that would hurt.
[40:02] Their case in the spring court the acdc versus alston which has the court.
[40:10] Questions about weather not the current prohibition on student bodies receiving compensation violets antitrust law,
set that still pending in spring court work specking a decision anytime now and watch it all come out today their also members of the i would like congress to pass a.
Who are the recover this also so that if you wonder effect there be some uniformity across the country so let's just cover some highlights.
[40:37] In georgia
the bellas sign in to log in on may sixth and it allows the schools the option of taking up to seventy five percent of student bodies compensation for name imagine like this and distributing into other student athletes past and present.
Have to do it but i would open up the possibility and university of georgia has publically stated that it will not be pulling the name average like this money it does required school to provide at least five hours of financial literacy and life skills training
join their students first ten years this is a pretty common frad.
New mexico 's law became law on april seventh and amanda mancini citizen athlete may not be compelled to four hit the lights under the bill in order to play intercollegiate athletics.
So still lovely i have a right to receive compensation for their name image lightness and the high representatives to handle those interests and it stops the universities from.
Venting limiting student of participation.
[41:40] Just because they receiving food shelter medical expenses from third party or compensation for the used their name is like this and also friends to natalie's from receiving this conversation.
What schools are not allowed to prevent them from receiving this kind of compensation from third parties and.
The not allowed to describe a student athletes from wearing footwear of their choice during official team activities as long as it doesn't post some kind of a health risk
i just put as a side note alabama season no to that right really interesting me
you can look at it almost by conference so obviously teams were.
Football is big money is big.
I do i have not done for ccr round up here but i'm i'm looking tennessee assigned and the law south carolina,
you know alabama georgia.
[42:50] Mississippi florida twelve oklahoma's what's the one that got signed yesterdays so.
[43:01] So mississippi highlights also alabama has the similar big boy tie affair market values students can learn fair market value and they can't be recorded before those nights to participate,
but there's no discussion what weirdo how you establish what the fad market value isn't what happens if their paid more than the fad markiplier does the school get it doesn't get pool or they just not allowed to receive it i don't know and they their losses that's enough can't wear
any.
Dear or other entity clothing articles with while wearing schools officially license gearing uniforms which make some sense effect,
what is that violet their deal wit it nike adidas reebok.
Right all the way down to the point that my son who is in the marching band.
[43:54] It is required that all visible must be.
Play patriots day sponsor the football team.
Set some mississippi long from april sixteenth says that something turn on you can't the schools out of the promise.
Any kind of conference nobody's like the promise any compensation for nana image like this to prospective student as inducement to attend a particular school and,
also put limits on what industries there allowed to,
advertising market for no to no tobacco marijuana gambling those kinds of things and let's see.
[44:37] Receiving the conversation and making disclosure to the school doesn't make them independent contractors of the school that's good,
florida's lawsuit to take effectually first but there's an amendments that pushed effective date back to next year and that's currently receiving some push back in the state legislature,
lots of stuff going on here texas are you talking the texas law texas is part of the big twelve,
conference in we have our legislative session every other year so this was our year for legislative session wrapped up i think yesterday i'm so hot pass the senate,
state legislator animal take effect september twenty twenty one.
The proposal state of the federal government should take up the this is interesting the texas state legislature has
has a proposal that has passed the state senate animal take effect september twenty twenty one the proposal states the federal government should take up the mantle of resolving the issue at the national level.
Any events that doesn't texas student athletes in may enter into in my remains.
[45:49] Provinces institution from living or prohibiting a student athlete name lightness compensation,
so long is that idealism disclosed to the institution state student athletes are not employees of a school
restricts the used of schools intellectual property in non-us school name in lightness activities and prohibits commercial activities which contracted,
institutional on our codes in the same to be following through most of us their has to be some provision of life skills and little richard pool literacy workshops,
autograph program run by the school for players to understand i guess they make money on those on those things so.
[46:37] Looks like many states have have pushed forward in passing or proposing legislation we have a link that i put up on to the website business of college sports dot com
it has a tracker that looks like it's updated,
daily or stats change with all fifty states as well as federal legislation this been proposed
i don't trust everything that's on their website because there is an error
say that song federal legislation has been an acted in it hasn't bedroom some consistency going on
through them and i know we talked about previously in today will students be motivated to go somewhere based on.
[47:27] What the state has the say you know if they can be compensated for these right.
[47:35] No i'm almost back up from that if you're the star player that's being recruited.
[47:43] Any view on a play for alabama if you're gonna.
[47:47] I don't know i mean i think i thought it would be a really big driving factor.
I'm wondering if it really would be.
I don't know if you're a student level we're gonna be recorded by these different schools and both alabama and georgia have offer do scholarship.
All of things being equal georgia's gonna take george's got the option of taking up to seventy five percent earnings and pulling it for the other athlete.
Go to alabama national championship.
So thats so we have might be alabama.
Because you have definitely tennessee what i'm not sure what they are says am i gonna pick vanderbilt.
The cause of that probably not unfortunately our house as well so i think it's just gonna be,
has a while they're gonna actually law and order protected school their but yeah it's.
[49:05] Just another factor to be considered in that you know again if you're one of those top off lil two z going to be a athlete at the college you know you could be top of your high school in some community somewhere and you get recruited but.
You know are you really gonna be hot on the right.
I don't think the students that are making a decision of weird code necessarily no that they have that.
[49:34] What is the x factor that's gonna make them the endorsement water still in college i think that comes later.
Summer roma fade.
If there's run it up documentaries on netflix when you're on high school you probably.
Repeat somethings app so yeah i think i think they need,
the school does not need to be getting all that compensation you know i think the money i'll be going into trust in me i have all kinds of vaults on the house financially fiscally responsible.
Should be more like signing of child actor child,
perform alternative most american by the time to go to college i know adults swim numerically only,
anyone yep well it will see what happens with this is a chef maybe they'll be some federal federal the federal government regulate function of labor end contract law,
i guess.
[51:00] Stay a little bit connected to the sports world we have an interesting case involving a major league baseball empire this is cowboy joe west who recently asking me recently won a five hundred thousand dollars definition verdict.
Against another sports figure retired catcher paul anka over statements the catch up made during a podcast appearance in twenty nineteen.
Significantly this was a two hundred fifty thousand dollars damage ward on that was used on the sort of.
[51:30] What partly for mitigation of future damages i was really interesting excuse me in twenty nineteen.
Luca the defender appeared on a popular sports podcast on a cruise accused west the planet of taking bribes from former
matt picture billy wagner and exchange for some more favorable ballin strikeouts during a
one two thousand six oh two thousand seven game west sudoku under definition thirty for the statements and argue with the statements or false and would cast a shadow on his integrity and character their by hurting his odds are being voted into the baseball hall of fame
not the time of lost suit west was on track break
legendary empire bill clemson record for empire in five thousand two hundred seventy five games west desnuda broken back record as a may twenty-fifth of this year.
So the train in new york sprinkler new york found that defaulted when the case was filled their for lost disability remark on the merits of the case.
[52:33] End up after a full aventura hearing the court awarded west tune fifty thousand dollars for past metal english emotional distress and another two hundred fifty thousand to find a public relations campaign to remedy the defender republication.
What do this future medication damages argument.
[52:52] Yes actually wasn't not even aware that this was a thing so west argo that he was untitled damages for money he plans to spend
basically remedial of a body and not yet been it on access
expenses related to advertising in public relations to repair his reputation in the eyes of baseball hall of fame voters.
[53:16] So it's very nero and so but yeah courts typically wouldn't give that because how do you feel expenses are respective.
Typically question why medication every not already taken place at the time of the season.
Answer here's what we said he told the court first he provided compelling evidence at the statements or falls including records that directly rebounded.
Reduce statements being made during the podcast it in this is so interesting to make his basically i guess he wins on a default judgment he has to get all this evidence in the record to get is damages.
And then second represented highly detailed expert testimony showing that future medication efforts necessary
remedy the reputation of alarm from from the statements
yeah so i mean he knows what paid in a digital friends at reputation management public relations and the experts provided a highly detailed public relations campaign.
[54:23] On what are we gonna have to do to mitigate the damages so.
Any made the court found west future medication damages argument compelling an award him the two hundred fifty thousand to fun the public relations game pain.
[54:38] Pretty interesting i think it will still remains unusual conversation but he hear you have the events i'm gonna have to hire appear people to rehabilitate my image that i spent my whole career building off,
so that i would get into this hall of fame and that makes me know those constipated not sure what have a hole fame really effects a person's.
[54:57] Incoming damn damages otherwise so it's it's money would have to spend to get this status.
[55:03] Hey portal reset i just i almost do value is having.
[55:13] Right we agree that this is defamatory they're done you wrong so.
[55:22] Really interesting i think this was just nuggets
yeah so unique facts to the situation i don't have the case that we may never see see this again on the other hand maybe we will remember this,
wolf buffed out,
ask you to unfold podcast this wasn't the first time we talked about defamation claims are rising from podcast statements.
When is this one of the first ones we sing kinda go this far.
Your in your mind are you thinking of any other windsor.
So i mean has been a few judgements this is an interesting one because it's against guest on a show and not against the podcast her
itself the producers ok then he doesn't seem to have gone after them too.
Maybe they didn't retraction i don't have to look at the record of things but do they go after them demanding some kind of us.
[56:37] Appointed or they call his attention i'm talking to podcasters i'm also i was saying somebody said something in your skeptical but you have an application to be vocally skeptical on the show otherwise.
You're just providing a platform for the life and.
Yes some podcasters don't feel it out
are there during the interview or after but it's i don't know what these particular hosts did witness,
the statements maybe it's ok expressing you know if you defended the case of itaewon homicide definitely case he might available character as those statements pinion.
What can hear the other things we don't know if the empire ever collect this money.
Hey portal judgment he's got you judgment mad at it self may be the value of what he has for his reputation medication.
[57:43] No i also huge baseball fans and followers you may be able to bring us up to speed on the history between this empire.
[57:54] End the defended there's more to the story so this month.
And the next month will probably pushin julep would be independence day week or something like figure it out we will be back again really soon.
Yes there will be a five week month and we will get back on schedule
but for now that's another episode entertainment would like to say thank you to you are listeners for spending time with this is actually had a couple of less people reach out one thing another over the last couple weeks,
hang up common someone you love listening to the show and how do you guys keep it so far
yeah it's fun for us that's why it's fun for you so i hope you find it that way
anthem feedback for us if you do please visit entertainment update dot com and use the voice within on the website website there's a red
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Contact info how to listen to foxes can find me online at tamara bennett is most of my social media t. n. t. bennett law dot com or create protected.
[59:17] Dot com will take you to my website and two my blog in as always gordon thank you so much for keeping us on track and i'm glad we are able to get together even if a week later
do i do the rundown
we really working places that we can paint exactly i'm gordon firework from los angeles california and my website is firework dot com and the email address is firework at firework dot com
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[1:00:28] Music.