The Invisible Episode

2021, Gordon Firemark & Tamera Bennett
Entertainment Law Update
http://entertainmentlawupdate.com/

Entertainment Lawyers Gordon Firemark and Tamera Bennett provide entertainment law news, commentary and analysis.

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[0:00] It's the invisible episode of entertainment law update episode one hundred thirty-five for july twenty first twenty twenty one.

[0:10] Music.

[0:15] Hello hello and welcome to entertainment law update from los angeles california i am gordon firework.

[0:22] End from the dallas fort worth metroplex tamara bennett,
and we wanna say first off thank you so much for being here with us this is our podcast about entertainment longmire each month we pull together around up of
legal in business news stories and a little humor and we share opinions and commentary analysis,
i have a good time with it we hope you do too so
timer what's new with you on your into the woods i don't know i can't believe,
where is almost over because i refuse that but i think it's july twenty first and the school supplies idles are active and all of
what friends are talking about the kids going back to school realize my little my little pumpkin is back to college just a few.

[1:14] Senior year thing oh my gosh ok go there you go it's your does my my oldest starts school back up on the,
anthropologists o three and a half weeks four weeks away now and.
I'm so excited about yeah.
Play twelve or college until after labor day but not so at least in texas the kids are back i like that.
I don't know the temperature is an air conditioning of those catholics anyway we have a good show for foxes this week this month excuse me and let's just jump right in,
weather discussion about copyright pre-empting the right a publicity in here we're doing with a lawsuit,
brock bi john melendez who became famous for his recurring role orbit that he did stuttering john on the howard stern show.

[2:28] He is a genuine stutterer and he would go an interview celebrities and athletes another famous people and ask him what about rachel's questions to try to get
lapse embarrassment win and woo those kinda funny moments he started doing the big and nineteen ninety eight and continue until he left the storm show in two thousand and four when he became the announcer for the tonight show with jay leno
in two thousand and six of course everybody knows storm moved his show from
restaurant radio to sirius xm satellite and sirius claim the deal include the license to air not just the current episode.

[3:07] Pandora.
Rosso for parcels episodes from the archive of the show the show since used clipse including one of belinda is to promote the howard stern show on numerous siriusxm channels and the other admins.
Add melinda is now claims and his lawsuit that he never consented today so he claims under you ally brooke the case in the southern district new york he claimed.
Right a publicity on her california civil code section thirty-three forty-four as well as common-law so serious made a twelve six motion to dismiss,
smith my speed better man coming out dismiss arjun pre-empted by federal coverage the court.
Granted that motion to dismiss with prejudice finding nemo his that melinda is claims
mountain tune attempt to,
events the rearing of radio broadcast and that is a work that is subject to federal copyright law and,
section three or one of the corporate claims that provides of cleanser pre-empted.
Yes the ultras property and issues is within the subject matter of copyright and two the claim drive equinox to exclusive rights held under federal comparably.
Stop playing number one of analysis the court notes that they recordings are not registered under cover right.

[4:30] It's sufficient that they were subject to the possibility of stitches for branchez under cover act so serious to really have to shout it held valley copyrights just that this would be a copyright casio
how to properly also address the red publicity claim and said,
what the used lightness voice recording.
Yeah response toneladas is claims that this music his lightness and voice and so it was some employed endorsement of sirius xm,
no used to media advertised show and not advertise serious itself.
And that otis redding play facts to leave the intended audience to believe that he was indoor sing serious.
Any commercial advantage that they did get from playing clipse came from the recordings and not from linda's identity and then i'm sprung number two.
The claims were not qualitatively different from a copyright infringement clint melendez wants to enjoy the radio broadcast it's typically right that are copyright holder would exert.

[5:34] Which is interesting because the universe record set the recordings were registered little one on by sirius so you know it's interesting juxtaposition of i guess you could.
Set it is alternative approaches ten things but anyway trying to enjoyed radio broadcast is really copyright stuff and,
shouldn't be he should be allowed to do this under the guys on the river publicity so.

[6:03] At least now in the second circle we've got a case saying that the right a publicity is pre-empted by copyright.

[6:12] Play some howard stern or howard stern into.
I'm sorry you cut out a little bit at the beginning what about doing something different.
Been the case brought against to howard stern or the entity control.
Versus siriusxm we have still the same creation question.

[6:39] Will i think that you would be looking at maybe claims related to contract.

[6:45] Why wasn't that a part of this as well i mean obviously head contract with the turn up the time it was doing these recordings and so it was turned have the right to use those recordings in certain ways then why wouldn't stern have.
Transfer those nights too serious when he made the deal yes or hard say.

[7:06] I wonder wonder why wasn't part of this so let's talk about the strange union versus ramirez it's a supreme court decision,
where in just kind of almost a side note potentially might be a threaten from this opinion apply to threatening statutory copyright damages
deals with somebody being basically played on a watch list and and then suing.
I guess you doing the government in this instance right no transition for for cecelya falls.
No no that's on his credit report and yeah just said no there's no concrete harm there's no standing in this case but
i want to jump in talk about this might have effect copier
holding the planet did not have standing by sue under the fair credit reporting act.
So they were claims of over six thousand individuals who had a ronnies lee been marked on.

[8:17] Has been only office federal assets controls watch list so i'm guessing it's really bad actors that show up on this list wondering,
yeah so that some how gets tagged over to your credit report and
not good things can happen if you were wrong usually marked on this list and shows up on your credit report,
yeah but nearly two thousand of those individuals did have their information shared roni sly and have concrete harm so they had standing in this class action suit but the ones you had not
any actual horns didn't have standing in the lawsuit.
Kevin elaborates on the rule by describing concreteness as quote.
Weather this asserted harm has a close relationship to a horror traditionally recognized as providing a basis for a lawsuit in american court such as physical harm monetary horn.
Orange tangible harms such as reputation harms.
So then it can go on and there's this will could this apply to the,
start story time does cnn related to justice thomas detoxing the descent regarding.
The interpretation of this case ruling to statutory damages in copyright and would there be.

[9:46] No concrete horror no standing.

[9:50] Start story damages i mean it's not the whole purpose of that when it's really hard to prove actual damages under the copyright act if you made the qualifications to claim statutory damages and that's why you.
Yes to default to or select those damages.
Minutes it looks like techno artists trying to cut maneuver leases opinion peace to say that perhaps this could remove
the application of statutory damages and a copywriting frenchmen case when they could not show a concrete hard
disable there is no standing i don't know.
Yeah yeah ok so i think i feel good about this articles coming from
contact dirt rich does have a you know its perspective on things related to copyright and expansions of technology and those kinds of things and mike posner is a very thoughtful guy really knows his stuff on and he's the author of this article but i think it in this case he's overlooking or or.
Minimizing the the impact vaada covered infringement does have
on cooperate owner and that is actually a concrete harm when you're us actually have a lost the exclusivity of the right.

[11:15] Distribute something if somebody has disturbed without your your consent it's no longer available to anybody else never before seeing kind of a basis those cases and so so it does undermine the market value of what you own,
i think that does amount too.
What country parm concrete sufficiently stuff bleeding stage to get you into court and.
I would think that for damages being provided in the statue.

[11:48] I think that i want you have that concrete harmony get there the remedy is available but.
Please play we could be kings article i guess kind of places it on.
Do the colts have a duty to determine weather any harmon curve even if you're climbing statutory damages.
I guess i default to view meteor qualification for statutory damages.

[12:14] Antlers infringement there's hard but it's a fact question if there's been an infringement.
I am i think as long as the pleadings address the facts insufficient to elijah blake claim for copeland frenchmen there is a concrete hermitude property right that
this one has now been deprived up that's a different than just having a name put on the list.

[12:39] So i will see if this
is this article gets sided in someone's brief or maybe ra pinion on the article kids sided in a breeze and.

[12:58] Events that article on spotify let's talk about it so titled the supreme court sledgehammer copyrights destroy damages is available in texas
it's published on june twenty eighth of twenty twenty one,
what's move on to this supreme court rulings bodys probably already heard about this dealing with this young woman brandy levi.
High school student who posted some images on snapchat back in twenty seventeen ranting after she did make the verve varsity cheerleading team.
Typical for mino breaks ordinary an expected that somebody who doesn't make the team is gonna be on happy about in there gonna start talking about it and she posts criticize the school and the team
use simple girl language made some jesters to the camera the video whatever and she posted some images
i'm sure all of these images reposted while she was off campus and outside of school hours and the day after she made the posts,
accuser of breaching the school color contact on suspended her,
cheerleading for the entire year so she in her parents file a claim under the first amendment against the pennsylvania school district raising creations about.

[14:20] Student free speech and ability of schools to regulate off campus activity the question is weather the rules that applies students when their in school
also play to the speech outside of school and their is president most of us remember from hearing about it in law school whatever take care versus demoing independent community school district
that was a nineteen sixty nine hits court decision that said schools can regulate students speech if it materially disrupt classwork.
Play involved substantial disorder or invasion of the rights of others but students do not surrender their first memories simply because their on campus will he we're done with off campus.
So it seems that the schools powers would be further attenuated doesnot.
I think so i mean i have to tell you i'm trying to look at this from my lawyer brain.
Hey portal bring up brain it's real different path.
From her parents brain so sorry.

[15:28] That's true the school district should not be regulating controlling speech off campus.
I think if maybe facts different and she was in her cheerleader uniform
she was she was at a football game basketball game,
yeah i think it would change those facts change
yes maybe school grounds tomorrow tomorrow
you know march the principal's office something like that that could be disruptive as well.
They didn't even say in the appian that what what disruption did a car was you know.
There an algebra class in all the students are talking about it
that's what the first one minute supposed to protect is the right people have those conversations even when it's like you know uncomfortable difficult yeah so it.
I mean i don't know.
Actually don't think the supreme court got it wrong again that's my lawyer brain versus my parent brain happening there but i also.
I do struggle with win.

[16:56] Your involved with an organization so you're in cheerleading your in band during football you're theater.

[17:05] You do representatives organizations by the things you say what do you want.
Go to school wafers alex finished discussing the supreme court tomas lee beach side
add help with the school district and violated her first memories free speech and eight to one majority pinion with just us bryan riding your pinion emphasizing that lewis grant
hey portal off campus outside school hours and bazzi vs didn't see the deepend of connection to disrupting.
Stop shine on on school grounds and song they made it clear though that this doesn't for close the schools building to regulate off campus beach in all circumstances self again,
i guess it's a,
no when i said canada discussion in the future the upside the regulatory interest remains significant in some off campus circumstances,
such as serious is bullying or harassment targeting particulate visuals
the teachers are other students failure to follow rules concerning lessons a writing papers are the used computers or participating other online school activities or breaches at school security devices so all of those sort of still fallin mode.
Regulatory authority preschools.

[18:23] So free factors that the court set out,
to be a sass in wang weather schools punishment speech off campus construction not number one off campus speechless normally fold in the room of parental responsibility
how wants revenge administrators a better suited to displaying children away.
What school second lee students on campus peaches already subject regulation meeting
regulating of campus beach waves significantly cocktail first amendment free speech rights of students round the clock surveillance is just methods with free speech values
mentioned on table another three school showtek students and unpopular speech is worthy protection so they say hey
the cure for speech that raises difficult issues are or opens up kansas worms is more speech not suppression.
The decent from the lonely december justice thomas nothing but off campus speech on social media clever greater proximate tendency to harm the school environment van in person
off campus conversation and maybe that's true but anyway.
I ask myself during this if if she had made be saying statement or statement of substantially the same character in the town local newspaper.

[19:47] Put on a local radio station.
What we be even having this conversation with the school tried too punisher for what she said on the radio in the newspaper when being interviewed about the unfairness of the process of getting out of the team of those kinds of things i think that.
Hear it was well she made this she didn't yourself using this dissenters mediated tools snapchat or whatever but.
I think this so i think it got it absolutely right on this case.
So that mean you have you think them media the medium of the media could have made a difference in weather not this.

[20:29] Never developed in the any kind of guy or weather in the school would have used it in sad
your commands no matter how they were delivered where isolation of the code of conduct for us a member of the cheerleading squad
and you know because you signed the code of conduct and by the way we also the parent south dakota contact i'm not sure that's case
that these actions are in violation and invite you really sorry contract with us because that's what the code of conduct is so and so the discipline is drop the squad for year,
i mean i wonder could a student code of conduct legitimately.
Set in so many words if you wanna be on the team you have to follow this rule which weird knowledge doesn't applied every students in the school but because you're representing on as part of team as it condition of that you're wave this right.
Can you for students the wave first movement rights in order to participate in.
Sport or an extra curricular activity or those kinds of things i think the district would have just a hard time there i think they were two so she wasn't ranting using.

[21:49] Curse words language visuals related to her.
Proceed in fahrenheit of the cheerleading squad but instead she was talking about.

[22:03] You know maybe something.
I hate to say what she's talking about wasn't serious something serious weather it was she saw a student being bullying she saw a teacher acting inappropriately you know i don't want that speech.
I want that speech out and wondering if we me off.

[22:30] You know,
reset that stuff on snapchat and now you're the subject of also for the rest your life maybe you're good maybe your good with that i mean
really saying it is addressing is look if we left this stand then the next one is suppressing important maybe speech that's.
Subjectively more important or that relates to something more.

[23:01] You know society acceptable until eventually you know students basically you can't say anything anything to do with your school.
Does a little bit i don't know all the facts behind them the case from nineteen sixty nine but i can only imagine.
You know that time period our nation.
End the free speech that students probably wanted to express and was.

[23:32] Subjected to that and i think you're right it's it's a subjective standard of what we think is valuable speech important speech or important to the society speech.

[23:46] You know when i definitely don't wanna surprising it.
Thinking again the nineteen sixty nine you know it baby was someone who was protesting the war or protesting racial injustice or whatever it might be in school students plan to wear black armbands at school,
silent process protest against to be anymore the principal,
i want to students to be suspended if they were that man some students edward maya armbands and horses pendent i was what take it was about yeah maybe is simply.

[24:22] That feels like society important to society and her,
not making the cheerleading squad this is not feeling portal to society even though i remember being
teenager i remember how crushing things like that word
i do remember what i think that students feels like been treated unfairly they should be able to go out and say hey disco tread on me on family i don't like the way b team
it was all clicky in the girls go wild shows with the squad we're all just taken their friends it wasn't me bout you i mean there's some.
Social value to having those conversations and students that are being excluded asking hey let's take a look at y and whether that's reasonable those so that.
I think that's what is all about the supreme court season that i got it right this instance.
Reasons unknown to me we watched fast times at ridgemont high in the last couple of weeks so.
Record relieving my utah concert free speech there so anyway did you do that time.

[25:42] Set up alright if you want it in the mood for silly things that high school students could say in real life or not
yeah go back
lets talk about college athletes and name image likeness stuff because that this is we talk about his last couple of episodes and see the number of states and their new rules allowing athletes to profit from,
the use of their name images like this and now i think last time we recorded we were
the same day or the next day was when they see us gonna get their heads together and figure out some new policy basically in response to that alston spring court case
from way back right,
now call jackie to all over the us can receive compensation for their name imagine like this the ncaa a board of governors approved in the interim policy that allows athletes turned compensation from the usa
the name is like to engage with companies ancients that manage those conductivity
now this is as it was prompted by justice cabin concurring opinion in the spring court case ncaa frances alston which help that nct restrictions on schools paying,
education related expenses of student athletes was a violation of antitrust laws just cameras a pinion.

[27:10] Also rises serious questions about these indian idol name is like this,
conversation rules so the new policy allows the o c focus on passing a federal.
Bill about name imagine like this endorsements and the.
Disconnect contacts have to comply with the relevant states laws as well as these acdc rules until that federal laws passover just gonna stay on top of this.
Yeah we don't really gotta figure out what state laws plies because every stayloose a little different.

[27:47] A lot of deals we're ready to happen at twelve oh one the days the state laws when into effect in the ac a after issue rolling one which app
university of oklahoma quarterback spencer rattler who is in the running for the heisman he released his.
Is signed with an agent along with a lot of other
student athletes you know it hundred twenty five dollars from tampa personal video recorded with a hammer twenty five hundred dollars if you wanna video recorded with him to endorse your product or service so,
they're making money and then a lot of those athlete too high huge social media followers in the millions.

[28:32] I am so i i'm posting quit trying to post quite a bit about it stay up to date on my block post that create protection dot com and.
I think it's fascinating so kind of interesting part of sports.
Strong deep crossover self we will keep you posted these things developing there.
Federal bill and of things i don't how long will still baron cohen has is in the news
pause this month one because he's one a bottle and another because he started a bottle,
seems to attended fairly quick solution but we'll see what happens first off lets talk about that when he earlier this month successful in his lawsuit brock buy
camera album elmo spring court justice roy moore morehead sud
call for definition frog and inclusion of emotional distress after appearing in,
collins who is america.

[29:43] The background is this learn more losses race to become an alabama senator after allegations of sexual misconduct,
when was that minors and things like that came up in in.
During the campaign anyone who's from now you're with sasha baron cohen this is boredom bruno and his character ali g.
Anyone who's from nowhere would expected that look collin brothers story to tell playing a character the israelis self proclaimed anti terrorism expert general aaron murad in an interview with more for this show who is america.
The interview involved geneva general
calling introducing a device that to text certain amazons that are supposed to lisa created only by sex offenders and pedophiles and as you can imagine as soon as coin started getting closer more this thing started going off and making a noise,
what more sues for defamation frozen infliction of emotional distress but the judge.

[30:43] Throughout he business headlock more sign a consent agreement prior to being filmed on a show where he affirmed he wasn't relying on any promises and have no expectations are understandings concerning
who is america
number two under the first amendment liability attaches only to statement second reasonably in be interpreted as facts and no reasonable viewer we've seen it is anything other than a joke.
Even more wife claims is a couple of her proclaims or bart as well suggesting.

[31:13] More was unlikely to i prevail even heading not signed release and then finally the judge said you know what.
The same conclusion reach by the judge loretta fresca when considering substantial identical language and another release brought by individuals featured in the two thousand and six movie borat.
How to learnings of america for make benefit glorious nation of kazakhstan i love a title where are you now people suede and the release do it was held up so.
Bottom line this bad prior situation served as a president in sort of a president in this case so,
alright editors saying this is john saying sometimes you can't make it on your own for.

[32:05] The version of the release that they use just like us i would love to original cast.
The release
it was a very kap g language and see how they called it documentaries style motion picture and things like that but but you know if you gonna sign released read and understand ask questions and you know
yes or something interesting one now let's talk a little bit you wanna take this one about about the south just folded flag the flip side of that is
the coin has is the planet lawsuit against solar therapeutic for you using an unlicensed image of him while he was in his character borat
on the solar therapy billboards neon.

[33:01] Hey portal play four four character in his thumbs up p. o. s exclaiming his catchphrase it's nice.
Also what's being sold on the therapeutic website is there canvas products so
the allegation is that the billboard can convey consumers that not atlantis con advocate use of cannabis as well as indoors is this particular brand of products,
so through his attorney he sentido cease and desist letter in the billboard was taken down by the river any compensation for the unauthorized use off
yes
end his persona the character that image i'm so not surprisingly his cleaner for copyright infringement false advertising mr propagation of his rider publicity.
Will fullness all of these and statues damages for total damage request nine million nine million dollars.
So i don't know what i will kina see what happens i do think there is if if sasha coin owns the.

[34:09] Image then there is a claim for copyright infringement there is clearly i think of you location of the name in lightness.
Yes or no purpose all of those things what kind of.
Play imad but then i'm like okay let's compare this to our stuttering john case.
Is it different in this i think what makes it different is it's visual versus voice and it's clear that thursday selling and attaching at two their canibus,
products their products only his photo on the billboard with
campus leaves and so it was different but.
Wondering if this case which is an i think massachusetts that's what the first circle.

[35:04] I don't remember my circuits well enough alone who knows the split on weather not,
play ambitions applies in a cabaret pre-empted rittz publicity honors with my guess is this ol' cowboy fairly quickly.

[35:22] I don't this was not discussing that case about how much was taken or used.
You know it was all of the photographs.
Substantially yeah it's also caracter that he created so the copyright cases pretty strong assuming he's the owner of those copyrights and i believe you know that wasn't independently made films so the studio isn't,
is there could be some questions and which claims.
Reply and which one's actually had standing for bent my guess is that his letters are doing the job right so.

[36:03] Will keep you posted this things to do we have a few weird updates to talk about and one that's just downright silly and let's get let's get high into them copyright using copyright to stop.

[36:19] Protesters making video recordings here we talked about this a while back this was in.
Episode one hundred thirty seconds february this month we talk about beverly hills police officer who played song santeria by sublime.
Wallin actives was trying to film an account with him as disputing on a ticket of some sort.
End conversation would be prevented from being live streamed online and partly this is a sort of a common thing where the police will turn on some music in order to.
Keep themselves,
i guess alesso in the public spotlight well now we have another case on june twenty-ninth some black lives matters protesters,
gathered at the alameda county courthouse in oakland california where jason fletcher former police officer was being charged with murdering stephen taylor was a pretrial hearing for.

[37:18] For homicide case officer from the sheriff's office confronted one of the protesters james burch
anti police terror project in order to demand birch remove the banner that they directed at the officer and the afters look at us mobile phone and started playing taylor swift song blank space.
Settings you can record all you wanted i just now i can't be posted on youtube
well he was wrong video wasn't effect posted on youtube and his head seven hundred thousand four more views by the time of this recording
the spokesman for the almeda county sheriff's office set the the department doesn't have a policy about whether you can play taylor swift music
any kind of the temp to censor youtube content from public and crowder
sure office doesn't come down these actions and the internet has been referred to an internal invest affairs investigation on song,
so just recalienta remember when my people youtube has this automated,
contact and system the flags cabron work looking for a match between a reference file and the new video upload if there's a hit,
van plaza policy to track in monetized sometimes block the video.

[38:32] And usually i just monetizing the videos and doesn't block it so here we have taylor swift centrally getting paid but so put this cup,
is exactly the kind of coffee he is by trying to do this on suppress this.

[38:49] Protest video recording kind of things anything.

[38:55] Extraordinary going on here other than you know we have public officials.
Doing what they can to prevent people from engaging in discourse about what their these boots facials activities are.

[39:13] Find a trouble so i am i think that department s should should have a policy about this that it's not ok.
When you're interacting with the public you don't.
Do anything to interfere with their ability to document what's going on pandora make it public that's my personal point of you.
Interfering with the public free speech.

[39:42] They might just what investigate what tunes like wanna play it a try it off youtube.
Yes or or you know if you're an artist i care about you say hey.
Maybe even promoted you know taylor swift public and say look what you're doing now to her how many millions of chance right.
Yes.

[40:12] Yeah that we have another one here in my home county la county remember a few weeks back britney spears was in court this is not that's not entertainment she was in court to try to get this conservatorship that her
paradox father has has how old released or modified
and at the time the court have issues rule it's a standing rule basically cords don't allow recordings of proceedings without written permission.
From the court well there was a certifies recording made in the video of the hearing was uploaded to youtube
end van later was taken down according to youtube due to a quote copyright claim by the superior court of california comic con los angeles close and,
the problem is.

[41:06] The court doesn't own the copyright that's right it for all intents and purposes is a bootlegs yeah,
no rules are very clear the pumped up parties republish on authorized recordings of court proceedings
invite or subject sanctions and other kinds of liability anders california code and so but the code doesn't list copyright.
End the list of those potential abraham that's whatever it hearing recording should have happened but once it's made,
record doesn't the copyright that's the makers copyright as we are now and.

[41:44] There it is so yeah it's not even.
Could court own a copyright in their own recording because there's a provision on the government climbing copyright it is truly i mean to take down the dmx ncaa was inappropriate.
No maybe the order.
Order youtube to take it down because i was recording made in violation of the outlaws and then whatever though i think you know there's use there's free speech that kinds of stuff going on here i would make it very hard for.
State action to remove something like that in fact i think invoking the dm procedure amount to stay action in violation of.
The first minute in this instance leaving aside the furious questions and the copyright.
I posted just just fine because i like when i was a boy leg.

[42:42] Maybe we have listeners you don't know what a bootlegs is that possible,
hey portal replay the video of britney spears
i found it last night so ok really
where in with the fruit with the engineer they might actually taken it straight off the board and then try to release it but indigo put article in the shadows kind of some history
back in two thousand four the court of the crimson
so anyone just do it brought it back my good old days when intern for the recording industry associations
royalty applied to the sales blank medium either still,
it's tax digital you can make a a perfect day track it was a noise so.
Make a copy from analogue recording from vinyl something like that was less perfect but in the digital age.

[44:02] Yes open it's boot like because it's not fixed and so it was no copyright attached in this exact situation you're recording the live concert there's no copyright held and the recording.
The performers so in this case it's the people who are part of giving testimonies so i just connection the history of sex.

[44:28] Yeah here's an interesting question how would you register for copeland protection for something.

[44:36] That's invisible the invisible man or talking about invisible.

[44:47] Yeah that's what i said tom miller from gainesville florida is threatening to sue an italian artist salvatore garage after garage.
The title of the work is immaterial sculpture that's sold for fifteen thousand euros that's pretty teen thousand three hundred dollars at auction
the sculpture is strikingly similar to millers in that they are both invisible and literally amount to nothing.
What's going on here is not point is that he came up with the idea for.

[45:20] Sculpture first and you can prove it so he's not demanding credit and wait for it.
Visibilities miller reportedly installed his own invisible sculpture back in in gainesville outdoor event space.
Hey portal play community plaza,
legislate sculpture was built by a team of as much as ten workers over the course of five days basically mining the moving on blocks with i'm lookers present until the work was
complete he did reportedly make a mockumentary about the sculpture comparing it to
john cage's respective take on nothing this where you do
a long time show on on seinfeld and incorporating fake artists and curators and minnesota and weather with a sense of humor satire or not miller titled the work nothing.

[46:12] Surprisingly given it in nataly counterintuitive nature in the family would like to be very difficult to register such a work for corporate protection.
Immaterial art has in fact come up before.
I don't need to climb exhibited an empty gallery space back in nineteen fifty eight in invision architecture of air a few years later.
Tom freeman installed in the invisible objective top of plant and nineteen ninety-two africa look up with a plan this and that sold for twenty two thousand two hundred twenty five pounds in two thousand and one.

[46:47] Either way miller seems to think he's got a good handle it and his unwavering in his position quote all i can say personally is that nothing is very important to me
could i should be credited with nothing specifically bad idea nothing fashion disclosure form and gainesville florida not italy as we are nothing happened first so
he hasn't failed lawsuit put is making a lot of noise and maybe that's what this all about put,
yes but there's a this that could be protected i mean if there was true.
Choreography to the installation that could potentially be protected by copyright as well as video installed,
if thats was here it seems the idea of.
Sculpture his what was really going on i have you make invisible scripture and nf.
Bring him a new kind of thinking about this i don't know.

[47:56] I guess the surface it's ridiculous but when you start to get into it you know did he some how.
On the right to be identified on this more of an ethics and morality in art kind of a questions.
I want to hear the right to be identified as the one who first developed the idea of you invisible sculpture and then everybody's copying him or doesn't matter.
Probably the invisible gallery in the gallery space might get that right back to nineteen fifty eight so.
I don't think there anything for tec table you and i think both agree there's nothing protective from a copyright standpoint oven invisible sculpture,
mackenzie ideas not protected by copyright i'm gonna say it this isn't case what amount too much ado about nothing.

[48:46] Thank you for the month of july will be back again in august with another one but for now thank you to you are loyal listeners for spending your time with us
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[50:39] Music.