Transcript
[0:00] It's entertainment law update.
[0:07] Music.
[0:13] Hello, everybody and welcome back to another episode of Entertainment Law Date from Los Angeles, California. I am Gordon Firemark,
And from the Dallas Fort Worth Metroplex I'm Tamara Bennett well thank you so much for joining us for this
May 2022 edition of our show this is the podcast about entertainment law where each month we
We pull together a round up of legal and business news stories and we share our opinions and our commentary and analysis and all that kind of good stuff and I cannot believe that we're
Approaching the end world is the middle of the month of May I guess and.
[0:48] Yeah, I mean, summer break is coming up and.
Forgot until after the fact that we needed to wish each other happy anniversary last month.
Right, April of 2009, April of 2022.
All my gosh and how many children have you had during that time? Two, I've had two of my three children were born since April 20 nine. So,
Yeah.
Well, thank you.
Thank you and happy happy anniversary.
Oh, I agree because it just, I think it keeps us on our toes.
[1:53] You know, in full stuff out of our brain.
Had forgotten or gotten it wrong but at least we can we know it's in there somewhere. We stay engaged with the material and look all lawyers, all good lawyers, I should say. Do try to keep up with what's going on in the law and the and in their fields and so on, but we take it a little broader than that and we try to make sure we have an interesting show with some of the,
I will call it essaterica but the the stuff that you don't see everyday in our practices right?
[2:23] Yeah I mean and and maybe it right stuffy that we don't see every day or maybe things we don't even touch but we we can it fits into how we got our clients in the
Area of entertainment. Absolutely. So,
Fun.
[2:52] Good. Well, listen. We have a few calendar. I have a few calendar notes. Have you got any coming up that are
I don't. You know, I I it's funny. I have the the summer of of work and also taking a couple of trips. Yes. So, I don't I.
I may have even mentioned this on here after the the last time I scheduled a CLA presentation in the summer.
Was the last time I scheduled to see,
So so I try not to do any confirmed events during the summer months so that I am free,
Free to travel and do other things but that's it. I know you've got some cool stuff happening in Orlando. Well, next week, I'll be in Orlando for Pod Fest Media Expo which is also with vidfest and this is a great,
It's still it's a it's getting to be a bigger event but it's still got that family vibe to it and I really love going 'em. I'm gonna be speaking on two panels, one I'll be a panelist on a one.
[3:56] And the legal and business aspects of that and then I'll be leading a panel of just legal legals in the field.
The podcast community and and.
Help them figure out the stuff.
Stream it. Do you know? There is a virtual version of the event. I don't know much about that. I'm sure the panels will be, you know,
Covered on video for that I don't think recordings will be available afterward unless you you know preregistered for it and those kinds of things so it's pod fest
Media expo and if you go to Pod Fest
Dot com. I think that's where you might have about that. If you're still interested in that. But also in August, I will be in your neck of the woods for podcast movement but the other big conference in the podcasting arena. In Dallas.
[4:48] I don't have the details of my talk yet,
Figured out or or what but I'll be there and I'm hoping we can maybe do our episode live somewhere there in Dallas and you know find a place to.
To maybe even bring a little bit of an audience in and and have one of our fun live sessions,
Yeah that would be great and we do need to talk more,
Pull in one of the sections of the Dallas Bar Association to maybe host us.
As we've done in the past so I'll kinda maybe maybe I'll have a conversation with some of my colleagues on that. I know you're doing a in October. You've got the practice in law institute. Text no payment.
Sort of out of the blue I got this this email from the gal who's organizing this event it's it's a
Whatever, you know, you probably familiar with practicing law institute.
Prestigious CLE organizing man publishing program.
[5:58] The crossover or the the merger of the entertainment industry and the technology industry and they've asked me to give a talk about
And wear it crosses over and wear it differs from
Other areas of,
Will be forthcoming. Yeah, that sounds great and then, well, well, well, I don't have any upcoming CLE. I do just wanna kinda give a shout out so this week, I went to
Almost two and a half years for work. Wow. And had my final wrap up board meeting for this.
[6:45] Board to your window for the Texas chakra of the recording academy for the Grammy's and it was our first and last meeting in person for this to your period,
Really awesome to be back together and see people in person,
We've done a great job via Zoom with this organization but.
Anyway it was just wonderful to see my my friends and colleagues in Houston this week in person and
Be a part of the good work that the recording academy allows me to be a part of. So, anyway, I just kinda wanna just do it.
Been able to be a part of that board on and off for probably about the same amount of time that we've been doing the podcast. So, that's cool. Yeah, yeah. And my other big gratitude.
[7:44] Rock officially you know walked across the stage on Saturday so he is he is graduated from college
So that's happened in the milestone,
Acting like it.
[8:14] A time of life with them and us and
Delightful to observe,
That's like when my shrink told me I was having my first midlife crisis,
Seriously I don't need anymore.
PMI baby.
[9:03] We we've been following the let's get into our story now,
Prince paintings that were based on her photograph.
In the last week or so we got word that the war hall painting of Maryland Monroe.
So don't think there's nothing at stake in this kind of case.
Wow.
Lose essentially lose out on an opportunity for some portion of that kind of money.
Yeah, it's not the Maryland Monroe but you know, Princess, I would say nearly as iconic, if not the same level of. Well, and I think it's the.
[10:14] More years that pass I would assume the more valuable,
Amazing there. Anyway. Yeah. So that's just a quick note on that one but we have a case about stone brewing company. Stone Brewing has has.
There are famous San Diego based brewing company. They have won a 56 1 million dollars lawsuit against Molson Coors Brewing. Makers of a great tasting keystone beer
Stone brewing alleged that the Keystone rebrand in properly infringed on there
Stone trademark
Doing a take down on the.
[11:07] On the microbrew you know the craft brewery. Mm hmm. So you know the the claim was that most of course took and and minimized the key part of the phrase and emphasize the stone
You know, I really made it look like stone.
Was the name
On the original packaging or the most previous recent packaging. But it is prominently. I haven't, now, I'm gonna be looking at it in the
Grocery store to see if there's any still in there
Well so anyway they won in a in a trademark lawsuit and they got a 56 1 million dollars judgement award judgement from the
From the case and then 2 weeks later stone
Got sued by Sycamore Brewing Company a smaller independent craft brewer for using the tagline keep juicy,
Or keep it juicy.
[12:26] Arena,
9000 different competitors in that space and,
Into it and they decided to team up.
In our show notes has a quote from attorney Mike Drum the beer attorney.
Hey.
[13:07] And you know he what he says is that this the explosion in the industry it's gotten a lot less collegiate and I'm sure he's on the ground
Seeing that. So, that's great. Anyway, stone has been involved in a lot of trademark disputes. They are one of the largest craft brewery.
Producers in the in the country and,
Over 100 proceedings on record at the TTAB challenging various trademark applications and registrations mostly against smaller brewers or other businesses unrelated.
So they've got an active they have actively engaged,
And launch your property on so the internet to protect their brand which,
Post didn't hear that I probably spent more time on this in the main one which was
Brand called Grind which is a coffee flavored brew
Is it Sasarach? Is that how you say it? Anyway, which is a,
Liquor company. So, a spirits company that has coffee flavored and they have a grind coffee flavored espresso.
Beverage but specifically the grind trademark is not for beer.
[14:32] It's just for spirits so it it excludes beer but as trademark lawyers we know.
I think that even if you exclude beer.
Beer and a fried.
Could come from the same source.
Nearly as.
[15:08] Salty as the response.
It is a public perception rate. It is not a legal standard raid. Yeah.
Yes it is.
Fridays and some other the.
[15:42] Jack Daniels has sent some you know. Oh yeah. Yeah. Totally written, letters, and,
Oh, there you go. People still use books or is that a.
The older people on our team were so excited. We got some mail.
Hey, you've been in existence since at least the 1890's. Yeah. At least how do you not know?
It it was a ill informed as to the state.
And we're not gonna release another,
Coffee flavored beer so don't worry about it. So, no need for a lawsuit, no need for declaratory relief, nothing like that.
No ongoing.
It's any lawyer or law student it would be interesting to read their response and in the margin.
[17:12] We'll read both the demand letter and the response and in the margin go is this right?
You know, is this really the law? Is this a I I think it would be just a great practice
That does follow the law. So, anyway, my my ยข2. But that kind of response can.
Be, you know, the the last straw,
So. Oh, yes. Triggered.
[17:50] Well it continues I know we've covered this at least once if not twice in past episodes but the it's the saga between share
And Sonny Bono's widow bono sunny and share started working together in the 60s that were married they divorced in 1975
I'm assuming in writing that share would have a 50% share.
Of the royalties for the songs and records released while the two of them were together. Now,
The Bono Collection Trust in Mary Bono who is the widow are using the termination provisions of the copyright act,
Obtain control over some of Bono's catalog including the works under the 78 agreement with share and effect,
Filing this termination notice if it's succeeds would,
Undo the contractual agreement between Sunny and Share from 1978 saying that she was entitled to this revenue stream.
Procedure really what's going on is that the bono estate folks have asked the court to dismiss the case.
[19:07] I'm not exactly sure why. Well, so, so, I guess the termination notices were sent, shares team filed a deck action saying.
Agreement to share royalties is not subject to the termination provision,
That the judge even said are these this is this a statelock contractual issue because,
There's I guess evidence that this agreement was reached as part of her spousal support in lieu of spousal support.
[19:40] The argument part of the argument lots of things were argued. Why the bono trust account? No. The one I think it's gonna hang on is whether or not this agreement was an agreement to the contrary.
Part of what at 304.
And as such as a copyright owner you can't enter into agreements to the contrary I mean those can be terminated,
So I think we're gonna see it.
[20:17] That this was on a motion to dismiss. I think it's gonna move forward. We're gonna have more evidence coming in. I also just kinda made a note here to do a compare. Yeah. Of the James Brown Estate.
[20:29] Which finally settled in 2021. We did not report it at the time. It had been ongoing litigation.
Since 2011 I think. Yeah. Where in his estate planning documents? He left almost everything to a trust.
Via termination proceedings to try and get that resolved now it's settled we don't have a,
Case law or more case law on this agreements to the contrary and what is that mean?
You know can that be undone,
In the internet world several companies united king film distribution DBS satellite services and hot communication
By default,
Is real. TV,
These are some of Israel's most popular streaming sites with millions of visitors each month and all both lawsuits were real to be on remarkable.
[21:55] You know, default judgements, the injunctions issued in all of these three cases are really something that we've never really seen before in,
Piracy cases dealing with TV movies judge Catherine Polk.
[22:17] Are permitting access to these pirate sites. The injunction's not only restrained the defendants from infringing the copyrights of issue which is what you'd expect in a cooperate infringement case but it requires
All ISPs
All ISPs to block access to the defendants website at any domain address known today.
By any technological means available on the ISP systems.
None of whom are parties to this lawsuit.
Wow put simply these permanent injunctions order non party ISPs to block access to these three domains in question,
So, in addition,
The judge also ordered that all third party service writers stop doing business with the party the pirate websites that includes content distribution network providers VPN services credit card companies banks and even more,
The orders were issued on April 26 it's unclear how long it's gonna take all these ISPs to comply with the order or if they even will,
But anyway, there's a landing page.
To, you know, that it was that specified to replace those infringing website. So, if somebody tries to navigate to that site, you're supposed to show them this.
[23:45] Screen that explains what's going on.
[23:51] Blocking cupboard and fringing sites so.
Court order.
You know and I don't I mean somebody's gonna appeal that. I mean but the thing is who's gonna appeal it? I mean I don't think appeal is the process because it was a no show. It was a default judgement.
So
What would you do if you ran an ISP? If you ran a company that was just all of a sudden you got noticed that you'd been enjoying from doing something or required. I guess it's more of a mandatory injunction to block these sites.
[24:29] What can you do,
Or is there some I imagine there's some kind of a rip procedure or something you could do. Or a declare to reaction. Maybe you could file in your jurisdiction. I don't know but then if you're bringing them in because one of your arguments might be.
They have no personal jurisdiction over me.
So so so then you have to follow all of the
But the other thing is there's a PR component to it. If you're an ISP and and a US judge has you're in the US and you're on ISP and US judge says don't let anybody,
See that website over there.
You got a PR problem because now you're that company that's bucking and,
Property infringement situation helping me infringers being a,
Contributory or bicarious? I mean, those would be the two words I would. Right.
Be concerned about. Yeah, I mean, so, they may just comply because it's the path of least resistance.
Or does it set the president you are to you need to answer.
[25:55] But it's not the ISP's that are now being enjoyed.
[26:05] You know I don't know and is it a money thing for the ice piece or are they making a whole lot of money carrying these three.
[26:14] Who know? I doubt it.
[26:16] So maybe they don't care.
Impact.
[26:31] But usually,
They had their day in court. We didn't know they they didn't. They also brought up soap and I was like, wait, that's familiar. What does that mean?
Could not believe that i think that went also all the way back to
Talk to a lot about that and you know in AA did never happen because I think the,
The ISPs and the tech industry was like this is too broad and and yet this is.
This judge has now implemented an injunction that may be equal to or more broad than what was allowed under the proposed stop online piracy act. So, yeah.
You'll have to make sure you put that in your technotainment talk,
Yeah.
Care to be taken in the estate planning process.
I presume in in things like a divorce settlements as well the case is Peretti versus Authentic.
[27:55] Versus authentic what publishing.
1961 Hugo Paretti wrote a song you might have heard it it's called Can't Help Fall I'm in Love
In December of 1961 so
28 years plus a right of renewal for another 28 years and then then that of course was extended when the 1976 act went into effect the renewal right which is a reversionary interest remained with the original owner of the copyright
Even if that owner had granted the rights in the original copyright term to a publisher.
Opportunity to renegotiate terms of the grant once the value of the work had been tested a bit,
While 1976 we we get the new act takes place on takes effect on January 1978.
And congress then created the termination transfers provisions.
So
First turn. They got an additional 67 years. For anything new, anything we're creating now, life of the author plus 70 years. So, so there was a renewal term. It just was 67 years instead of 28.
[29:24] Anyway the right to renew the carthroid vested at the beginning of.
[29:31] Vesting in the author or his statue successors not withstanding any transfer assignment or device
So the act also provided eliminated right to terminate grants to third parties of rights in the copyright determination right served as a replacement for the reversionary right to renew.
That wasn't a different way of giving that author those authors and opportunity to renegotiate after a period of time,
Went into effect,
Section 203 provides for the termination grants executed after the 76 acts effective date and is limited,
Why it's plain language to grants executed by the author it doesn't make any provision for the termination of Grant's executed after.
1978 by related non authors,
So here's where it gets weird.
Yeah okay so help me.
Peretti and his wife and daughter's transferred their contingent rights and interest in the renewal term.
[31:01] Julian and Jean Aberbach who are predecessors and interests to authentic brands.
Yeah and so, then, Hugo dies in 1986. So, he dies prior to the beginning of the renewal term.
[31:18] So his contingent right for renewal,
Died with him because it was merely contingent. So, the renewal term right then invested statutory in the.
So in 1989 the wife and daughter's register the renewal right with the copyright office.
[31:40] And then in 2014 the widow in one daughter served notice of termination to terminate this 1983,
And the daughters and that's what's in dispute today.
[32:03] That was executed by the author and by them and reclaim the copyright for the remaining part of the,
I've the term of copyright.
[32:14] So
You know by notice on August 14 2014 2016 authentic brands respond saying no it's not valid so 2020 the bread is commence the action against authentic brands looking for declarator judgment
Ruling that they had successfully terminated the 1983 assignment authentic brands moved to dismiss the complaint
And the court has then ruled that predis contention right to the renewal term had extinguished upon his death in 1986 and didn't transfer to the opera box
However the rights to the renewal term that were transferred were those of his widow and his daughters which had vested upon the expiration of the original copyright term.
So the district held that because section 203 provides termination rights only to post 1978 grants executed by an author
Paretti's widow and daughter's rights to the renewal term were not subject to termination under section 203.
Which said this appeal like the district courts dismissal hinges on a single issue.
[33:37] The court says the 1976 act itself makes clear,
That the execution of a transfer of rights must under the act must be signed by the owner of the rights conveyed thus a gram executed by the author
Is a grant that is documented in writing signed by the author and conveys rights owned by the author excuse me.
[33:58] So they signed this document and it conveyed their.
[34:07] Because it doesn't say and book it because the act limits it. But I'm like.
So I guess the the question one one thing I just needed to clarify for myself was he did not survive to the beginning of the renewal term. Right. So under the copyright act and.
This has been litigated multiple times.
The wife and daughters.
[34:37] But because they signed this document even though they had a contingent right as soon as they're contingent right vested.
[34:46] And they had assigned it. Mm hmm. The assignment was effective. That that's what I'm understanding here.
[34:56] I I would have been jumping up and down well before the termination I would have been jumping up and down on the on the best investment of the.
[35:05] Vested in them.
But maybe there's something I miss in there or maybe they missed it. Yeah. So, if you had lived until 1989 and then renewed the copyright.
Those termination rights would have passed to his successors.
That's right because it would have been an agreement entered into after January 1 1978 and they would have terminated under a different section of the copyright act,
But what happened is the pretty widow and daughter.
[35:44] Hey Facebook during life right so right and in the court said.
They vested and I actually need to correct myself. Even if he had lived and then signed another deal, it would have still been under this same section of the copyright. I apologize. It would have still been under that section. So,
Since day sign the document prior to his death and prior to the end of the renewal period.
[36:12] The renewal period began they are contingent interest in the renewal vested and there was a.
Their agreement signed in 1980.
[36:26] Triggered.
So
Sign on the agreements.
Not just the and it sounds like that's what the Operbox did is they were they were being careful. They didn't just rely on him.
[37:00] But they had the other potential errors sign off on it also.
[37:05] Right and so let's play it out another generation or so let's say something had happened.
And wife and daughters had passed before the renewal period started.
[37:20] Would Aubrey take or would not because nobody else has signed those rights to them.
[37:30] A very interesting.
[37:39] I think the rights would have vested in 1989. Yeah.
Other members of the Peretti family you know the that generation.
The wife and daughters who signed the document had.
[38:02] Just like their father to the beginning of the renewal term the renewal term would have vested in the next statue air and they would have been entitled to,
Terminate.
It will not even terminate. I think they would have just gotten
Yeah, I actually attached to our show notes.
Some really good bullet point information from the US copyright office on the procedure which then links to the copyright office compendium
To help you navigate the process of filing the notices, when to file them, where to send them, who has the right to do that,
The windows are closing.
[38:54] I I did that in my brain I was like well wait a second can they terminate intersection 304 which is the 56 year provision so I start doing the math that window has already closed but.
Only for agreements executed prior to one 178. So it did not apply. But
These are the things you kinda gotta go to work through on these. You really do have to have like a flow chart of dates to figure out which provisions apply.
In who actually has the right to send the notice
Had does he had created this incredible map in timeline and and you know decision three about copyright,
Duration and I don't know if I still have a copy I should but I don't. So,
Yeah I have just a I have a kind of a next sale spreadsheet.
To at least be able to eyeball and I can go in and plug in okay you know.
[39:54] Year of copyright 1961 go over this is the last year this is the window this you know oh yeah on both on both charts so we know immediately if we're even in the window.
[40:07] Interesting.
Set a fact Karen Happ is a news anchor for Fox 29 in Philadelphia and she discovered that her
Image was being used in some Facebook ads.
She was able to determine that the picture used came from a security camera at a convenient store in New York City and it was then used without her permission.
Hey Facebook agree that it's platform was used to deliver improper marketing material to users
But they denied responsibility because the ad belong to a third party service first met.
What notes that as a TV anchor she is a well known recognizable public figure who has spent immense amounts of time crafting a public image through social media and other avenues.
Hmm.
So she brings this publicity right suit when she first discovers the the thing a couple years back but the district court granted emotion by Facebook to dismiss on section 230,
Grounds at section 230 of the communications decency act citing a nine circuit case that perfect hand versus,
CC Bill for the proposition that state intellectual property claims like the writer publicity were preempted by section 230.
[41:34] Under that analysis Facebook met all three elements for valid defense one their provider of a website or social media platform to the content that issue is coming from a third party and three,
I'm sorry to this analysis
So the third circuit disagreed with that ninth circuit president the perfect 10 case and they reversed the granting of Facebook's motion to dismiss
So back down to the district court facebook again files emotion to dismiss,
And in her head then now we have the arguments and then her second amended complaint help asserts two claims one for violation of her statutory right to privacy under Pennsylvania law and another for violation of her right prophecynder.
Pennsylvania Commonwealth
Happy night and could not alleged facts to support the notion that Facebook used her image for its own commercial purpose as required under the Pennsylvania statue.
And three that happened failed to plead facts establishing a violation of her common law privacy rights.
[42:50] On the first two arguments the court held that the two these two increase weather Facebook use the picture for its own commercial purpose and whether it had actual knowledge about the unauthorized photo were best left for the summer judgement phase.
[43:02] Kicking it down the field I guess.
That it abstained from deciding whether such a common law claim has been aggregated and subsumed by similar pennsylvania statutes,
On the court then turn to the question of whether adequate facts had been plead to survive emotion dismiss and on that question they said.
[43:31] That help alleged she spent considerable time developing a brand an image and this was enough for her to,
Entitled take some discovery on her claim,
So we're setting up a split of authority or we have a split of authority now with a knife circuits perfect 10 ruling,
Pennsylvania's at the third.
30 seconds.
Could lead to more settlement quicker.
Be looking for a supreme court.
[44:34] And we talk a lot about perfect 10 when you mentioned who the opposing party was I'm like who are they.
I don't know. It has perfect in.
[44:56] You know. Well, his technology changed enough. I I don't know. Well,
Required to know.
Yeah, yeah. I mean, do they have an obligation to review every ad not just for, you know, whether it's got offensive, a pornographic, or those kinds of content but,
Do they do they need to look at the licensing agreements for all of the photos that are used in an ad.
Every time I run a Facebook ad should I have to upload a copy of my license from the stock photo agency where I got my images well you do have to click a box that says you have the rights sure.
So I would say the,
Did it to this case?
Presumably the advertiser is a defendant in a either this or a separate lawsuit.
Yeah. So.
[46:15] Interesting case. It will is this the Marymont of May. That that's our theme for the month. I I it and maybe it is a strange story. It goes back a couple of months. Sorry we missed it when it first.
First happened. Sorry, I missed it. It was probably all over the news. Locally here because it
School district which is a I don't know.
And the author Doctor Bill who was the author of or is the author of the book winning isn't normal
Of his book.
The fish circuit from the northern district of Texas it's Doctor Keith Bell versus Eagle Mt. Saginaw Independent School District.
Hey Siri the school district and specifically Chisholm Trail High School softball team and their Twitter account,
Not only the softball teams, Twitter page, but also maybe the color guards, Twitter page, or maybe they repost it.
[47:41] Just winning isn't normal. It's it's a long quote.
[47:50] But he licenses this quote. He displays it with a copyright notice. This quote the win passage. He has monetized this quote.
But he is also been an aggressive litigator over this quote 25 copyright lawsuits over the course of 11 years
Add normally suing schools and nonprofit organizations the post was made in 2017 by the defendants,
Bell waited a year to seek out to take down and to try and enter into negotiations which was,
Failed.
[48:29] Negotiations failed and bail sued the school district and specifically addressed fair use in his filing,
Is the school district night at government could have said you can't sue us,
Hey Facebook opinion
The school did, you know, allowed the suit, and invoked fair, used, made a motion to dismiss for failing to stay a claim under 12 Bsix.
[49:21] In the lower court granted the motion and awarded attorneys fee saying that fair use is permitted as a motion under 12 Vsix it's appropriate to bring it and I looked at.
[49:34] Which we can go through all of those but purchasing character, nature, the copyrighted work, amount, and substantiality. So, it was one page of a 78 page book.
And the argument is it
But it is the heart of the work and the passage is separately available market on merchandise and moving enough to share with others on Twitter
However it is pretty freely available online and the fact that in infringing use reproduce something that is already invited to be view free of charge doesn't really change that part.
So, anyway, our our editor who wrote this, made a little side note. So, can we freely repot,
Post, you know, like trailers to movies and that kind of thing. But anyway, the court determined amount
Well toward the school district.
[50:36] Yeah abusing well the court did not abuse its discretion but,
Bill has a long history of suing public institutions and nonprofit organizations over diminish uses of it the minimum uses of his work
Bail is a serial litigant.
He makes exorbitant demands for damages and hopes of extracting,
This case is another in the line
Followers and immediately remove the post upon request.
Bell was unable to identify any actual financial injury associated with this use but brought suit anyway,
Both respect to Bell and other copyright holders who might consider a similar business model of litigation.
[51:45] Stop making copyright mountains out of mole hills.
Yeah.
And it's it's it would be different if this had been a commercial purpose.
I think this would be different. Yeah,
I know I ain't mentioned the color guard in the opinion or some other but some other student or,
No this is the school district this is against the school district versus other cases where we've seen the booster organization be sued.
[52:31] And maybe they allowed her to go through because they knew that we're gonna make a little bit of law here.
[52:36] Or at least set a president with respect to this particular plaintiff because now, you know, look, anybody who's smart and gets into litigation, you get sued by someone. You know, what do you do?
Who else is he sued and how'd it go.
And I need to check. Actually, one of the judges on this may have gone to my high school. No.
In Tennessee.
[53:14] John Rajon Reppolds is looking out one of the,
Strategic mistakes that he made was addressing fair use in the original complaint.
Had he not brought it up.
[53:37] Yeah and he brought up the he he put it facts in evidence.
Yeah.
So
I don't know if it says.
I'm not looking at the pace or I'm just looking at the
The opinion and it doesn't. So, well, but yeah, so he sued in Ohio against a tweet by a high school basketball coach.
No I will say.
[54:29] Is something that they ought to be,
Learning about.
Or you know, tweet a link to the to the original book or something like that.
You know could have avoided all this problem if if they'd been a little more circumspecting what they bleeded,
Yeah and but yet how do you control that? Because.
No personal,
Wrestling team,
Or is it better for them to not monitor any of those so that the school district can claim
Right. We're we're not controlling what they're putting out. Yeah, well then they have the problem of what what happens when the kid who's managing the account graduates in the next generation of kids and wants to use the the same
Account. I mean there's all kinds of issues. The schools have a valid reason to sort of be.
[55:50] Tied to these these social media accounts but maybe they just need to circulate. Hey, if you're gonna be managing this thing, you gotta watch out for these.
[55:57] Hear the guidelines. You know. Oh, I agree. We need to probably.
I hate to say that my general perception is is that.
Most school districts that I've interacted with if they have the policy at the highest level it is not being confide appropriately to the people who are actually
Touching it every day. Are they missing giant teaching opportunities? Yes. So, you know, if you go and step in to.
[56:36] Perhaps deliver a.
And you go.
In the teaching environment. I think it's the way it's worded. And the, but, what they don't look at is well, is the wrestling team's Twitter account,
Within the teaching environment.
[57:19] Just a babysit the kids that's that's not gonna qualify as
Fair use versus let's say you have a film class and you want to point out certain elements then yes you can show what's necessary from the film this goes back to the
For factors.
Deal with the choir that's gonna sing a song in in the choir class. You know, that's right and yeah, sure. So, they could, you know, they've purchased hopefully the appropriate.
In which do you practice or licensed it? Licensed, you know, from MIT that theatrical because they're gonna put on a certain.
Program and you know, they've done all those things but yet they might wanna practice but we are the world.
But I I think this was a lesson learned on a lot of fronts and it's actually a case.
[58:25] I I think this will be an interesting case as we move forward to looking at the copyright royalty tribunal and I think and that's where we've got a couple and just
Quick practice pointer notes to one more thought on me on this case also is that I think that this is a case that,
Add the case act already have been in effect and the small claims panel thing had been working this case probably would have ended up in there in the first place.
[58:50] Oh, I think so too.
That panel is going to follow the law you know and and very useless to be a valid defense in those cases on but anyway so this was a,
Hey,
Copyright claims small claims board I'd be putting this case in my yep.
[59:22] In my pocket. I mean,
Governing proceedings and post determination procedures. We've put a link in for you to read up all that information and submit your comments to these final rulings. Which they're not due till November.
If you think you are gonna comment, you know, take some time to really craft a response
For that. And in super duper exciting news.
Electronic trademark certificates from the US Patent and Trademark office will start May 24 2022 ahead of schedule,
I'm so excited that you're excited cuz my clients like I think getting the certificate
The hard guy. You know, I've been receiving this certificate for them and then framing it and sending it on to them. Okay, so I was gonna ask you because we we are in
Probably some overlapping Facebook groups and different lists serves and and people had been making comments when this first came out about that they,
Frame and send the certificate and.
[1:00:44] But many, many, many of my clients were corporate clients.
Can you just read that.
You can still order a certificate suitable for framing. You know, they if you want one, you can order it. I've often heard people say that the,
When they're framed and you know I know you like I send a
Cover letter as well that says here's all the deadlines you need to be remembering in the future but those notices are on the back of their certificate so if it's framed no nobody's looking at.
[1:01:38] I really wish the copyright office would get there as well. Yeah.
Because their certificates really aren't suitable for framing at the Caprite office. They aren't nearly flashy as the ones coming from the PTO. So,
I'm gonna pay the 25 bucks. Get the, no, I'm not even gonna do that. I mean, use the digital. I'm gonna turn it into an FT for each of my clients.
Don't forget as an NFT
So why wouldn't you.
[1:02:27] I guess when you contract you make that part of the trend you have someone's gonna lice them sort of.
Never region.
Is the, you know, when you need it, you need it when you're following a lawsuit and so.
Otherwise i don't think you need it.
To whom I have never sent a framed.
You know I guess it's an evaluated service we could we could put in our engagement if you'd like to receive a certificate please let us know we'll order it for you for an additional fee.
Who knows how long it'll take to get it though? Well, that's interesting. I'm actually sitting on one where the the trademark office actually
Printed the wrong address on the the wrong owner address on the certificate and when I received it I saw it we
You know, made sure it was corrected and son and and it's been like a year and we still haven't got the replacement certificate and now I'm thinking we're not gonna get one.
[1:03:44] You may not. You may not. I don't know. Anyway, so we will keep you updated. I I know we've said this in the past but there is stuff happening every day on the copyright. Claims board,
Your clients who may self represent, you know, in front of that, you just need to be watching that so that you're prepared. So,
Hey Facebook that is our episode of Entertainment Loftade 145 is in the camp we wanna take a moment to thank you our loyal listeners for spending your time with us of course and if you do have feedback for us we'd love to hear from you.
[1:04:19] Leave it for us on the widget the voice widget on our website you can just talk into your computer microphone go to entertainment law update. Com and click the little red widget or you can email us entertainment lobdate@Gmail. Com or send us a tweet at Aunt Law update,
Yeah please get in touch and Tamara on that note how can folks find you and get in touch
Yeah. So, website Tee Ben@Law. Com or create, protect. Com either one will take you to my website and my blog on social media. I am at Tamara Bennett on most
Social websites.
And anyway, look forward to connecting with people online and you know, hey, it's gonna be a fun summer. So, any I'll just share. I think our theme for the summer is gonna be the summer of scale ability.
Theme for the summer. Let us know.
Cuz i wanna hear what it's all about. So, that's it.
And g firemark is how you find me on those social media sites.
[1:05:29] And let's say thank you to our crack team of volunteer contributors managing editor John Janiceek Malhar Oza John Rappold who has told us that this will be his last,
Time able to help us he had a baby last month and his practice is picking up and congratulations to him but we'll miss you John Charles Mark Lindaman Brenna our buckle carnival,
Giving us the information we need to present this to you and I'll say they do a terrific job and if the show's not quite on point that's on me and,
Well it's almost but it's mostly on me. No it will share equally in that. And if you are interested in joining our family of contributors at Entertainment Love Day, please reach out to us, entertainment law update at
Gmail. Com.
[1:06:20] Music.