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Professional Development: INTELLECTUAL PROPERTY EXPLAINED · Earn Your Leisure

• 0:00
  Speaker 1: An illegal alien from Guatemala charged with raping a child
• 0:03
  Speaker 1: in Massachusetts. An MS thirteen gang member from Al Salvador
• 0:07
  Speaker 1: accused of murdering a Texas man of Venezuelan charged with
• 0:11
  Speaker 1: filming and selling child pornography in Michigan. These are just
• 0:15
  Speaker 1: some of the heinous migrant criminals caught because of President
• 0:19
  Speaker 1: Donald J. Trump's leadership. I'm Christy nom the United States
• 0:23
  Speaker 1: Secretary of Homeland Security. Under President Trump, attempted illegal border
• 0:28
  Speaker 1: crossings are at the lowest levels ever recorded, and over
• 0:31
  Speaker 1: one hundred thousand illegal aliens have been arrested. If you
• 0:35
  Speaker 1: are here illegally, your next you will be fined nearly
• 0:39
  Speaker 1: one thousand dollars a day, imprisoned, and deported. You will
• 0:43
  Speaker 1: never return. But if you register using our CBP home
• 0:46
  Speaker 1: app and leave now, you could be allowed to return legally.
• 0:50
  Speaker 1: Do what's right. Leave now. Under President Trump, America's laws,
• 0:55
  Speaker 1: border and families will be protected.
• 0:57
  Speaker 2: Sponsored by the United States Department of Homeland Security.
• 1:00
  Speaker 3: What is the difference between a patent, a copyright, and
• 1:03
  Speaker 3: a trademark.
• 1:03
  Speaker 4: Let's start there.
• 1:04
  Speaker 5: Okay, so patent, copyrights, and trademarks are all intellectual property,
• 1:09
  Speaker 5: and what intellectual property is it's like something that you
• 1:12
  Speaker 5: create with your mind. Right, it's like a creative expression,
• 1:15
  Speaker 5: and those different areas are areas that you could create.
• 1:18
  Speaker 5: You could protect your your creative expression, right. So a
• 1:23
  Speaker 5: patent is a protection that you get for an invention.
• 1:26
  Speaker 5: So if you have something that's new, that's innovative, that's
• 1:29
  Speaker 5: going to change the way that people you know, live
• 1:32
  Speaker 5: and work technology, those things are patentable and they're very technical, right,
• 1:39
  Speaker 5: so you actually need to be a patent attorney to
• 1:41
  Speaker 5: practice patent law. But those things are going to patent
• 1:45
  Speaker 5: are going to protect inventions. Copyrights are going to protect
• 1:49
  Speaker 5: literary works. So certain things that you that you create,
• 1:54
  Speaker 5: but it has to be expressed so it can be
• 1:56
  Speaker 5: an idea. So intellectual property can't be an idea. You
• 1:59
  Speaker 5: can't protect an idea. So you have to like express it.
• 2:02
  Speaker 5: So if it's a writing a story, you got to
• 2:04
  Speaker 5: write it down. If it's a song, you have to
• 2:08
  Speaker 5: write the lyrics or you could record the music. If
• 2:11
  Speaker 5: it's art, you got to draw. You know, it has
• 2:13
  Speaker 5: to be drawn or whatever. It has to be expressed
• 2:15
  Speaker 5: so somebody.
• 2:15
  Speaker 6: Could that's that's for trademarks, that's for copy copyright.
• 2:21
  Speaker 5: Trademarks and trademark is basically it's gonna gonna bring somebody
• 2:25
  Speaker 5: back to the source of a good or service, right,
• 2:28
  Speaker 5: So it represents your business, your brand, and it's gonna
• 2:33
  Speaker 5: put the public on notice to know like where to
• 2:37
  Speaker 5: go for that particular product or item. So there's two reasons. One,
• 2:41
  Speaker 5: you want to protect your your sort of like your work. Right,
• 2:45
  Speaker 5: So you create something, you have a business, you put
• 2:48
  Speaker 5: all the sweat equity into it, and you have like goodwill.
• 2:51
  Speaker 7: You know, as your brand grows.
• 2:52
  Speaker 5: They expect a certain quality, is a certain standard from
• 2:56
  Speaker 5: your brand.
• 2:56
  Speaker 7: So you want that to be protected so you can
• 2:58
  Speaker 7: make money off of it.
• 2:59
  Speaker 5: And then and the government, the Copyright and Trademark Office,
• 3:03
  Speaker 5: they want to make sure that somebody gets hurt from
• 3:04
  Speaker 5: your product and your service that they know who to
• 3:07
  Speaker 5: go to for that.
• 3:08
  Speaker 8: Right.
• 3:10
  Speaker 9: So like the Fortnite when they were trying to do
• 3:13
  Speaker 9: the dance moves, that's a copyright issue, right, Yes, it's
• 3:16
  Speaker 9: a copyright issue because I just want everybody to understand
• 3:19
  Speaker 9: because legal jargon can be a little confusing, right and
• 3:23
  Speaker 9: even for like I'm in business and I'm kind of
• 3:26
  Speaker 9: confused by like copyrights and trademarks. So all right, So, well,
• 3:30
  Speaker 9: the dance moves is a copyright because that's something that
• 3:35
  Speaker 9: it's like a physical thing that they made up.
• 3:37
  Speaker 5: Right, so they like they created it, and it's yeah,
• 3:40
  Speaker 5: something like physical that they did. It's like a creative
• 3:43
  Speaker 5: expression like choreography, you know, dance moves. And there's going
• 3:47
  Speaker 5: to be an issue even with that when they go
• 3:49
  Speaker 5: to copyright those because from what I understand, all Fons
• 3:53
  Speaker 5: or so he already got denied because they said it's
• 3:58
  Speaker 5: only three moves, like it's not enough to be choreography.
• 4:01
  Speaker 5: And I think that's gonna that's gonna sort of change
• 4:04
  Speaker 5: the way the law is because like now everything is media,
• 4:07
  Speaker 5: everyone has a camera, everyone's like creating dances, doing all
• 4:10
  Speaker 5: this type of stuff that has to be protected somehow.
• 4:13
  Speaker 3: So like when black Boy JB he does that move
• 4:16
  Speaker 3: and the kids just recreated, that's not really choreography what
• 4:19
  Speaker 3: they're saying.
• 4:20
  Speaker 5: Yeah, so that that that's going to be an it.
• 4:22
  Speaker 5: I think that's an issue that's up for discussion again.
• 4:24
  Speaker 6: All right.
• 4:25
  Speaker 9: So so then so then the trademark, like the Jordan logo,
• 4:28
  Speaker 9: that's a trademark.
• 4:29
  Speaker 5: Right, So in that case they sued for copyright because
• 4:36
  Speaker 5: the person who took it was a photographer, so photography,
• 4:39
  Speaker 5: it's a picture that's going to be something that's going
• 4:41
  Speaker 5: to be copyrightable. So they're suing for the photo that
• 4:45
  Speaker 5: that what was it that Nike did the comparable comparable photo,
• 4:50
  Speaker 5: but also comes into question because now they use that
• 4:53
  Speaker 5: as a logo. Right, But he lost because they said
• 4:56
  Speaker 5: it's really not ENTI and it's interested.
• 5:01
  Speaker 4: They said that the tracksuit, it was the.
• 5:04
  Speaker 9: Backdrop in the picture. The track suit and the photos
• 5:07
  Speaker 9: are slightly different. And it's interesting too because people were saying, well,
• 5:11
  Speaker 9: you can't take credit for an image, but you actually
• 5:15
  Speaker 9: can know because I remember when Cameron had the album
• 5:19
  Speaker 9: I don't know if you're a Cameron.
• 5:20
  Speaker 6: Fan, but we're Cameron fans.
• 5:25
  Speaker 9: Yeah, an album called SDE a while ago and the
• 5:28
  Speaker 9: logo was the NBA logo, which is Jerry West, but
• 5:33
  Speaker 9: instead of like the basketball, it actually had like a
• 5:35
  Speaker 9: firearm in his hands. So the NBA wasn't too happy
• 5:39
  Speaker 9: about that, so they shut it down and he couldn't
• 5:42
  Speaker 9: use it. So it's just interesting to see that, you know,
• 5:47
  Speaker 9: somebody can come up with an idea, but if they
• 5:49
  Speaker 9: don't actually do the right legal steps to somebody else
• 5:53
  Speaker 9: can kind of take the idea and now they own it.
• 5:56
  Speaker 5: Right, And that's what's been happening for years, Like people
• 5:59
  Speaker 5: who are it to this type of protection that it exists.
• 6:03
  Speaker 7: They just create stuff and people who know they take it.
• 6:05
  Speaker 5: And you know, just like all of the artists that
• 6:08
  Speaker 5: came like you know in the eighties, nineties, sixties, like
• 6:11
  Speaker 5: they didn't know that they had an actual, you know,
• 6:14
  Speaker 5: asset that someone else is making money off.
• 6:16
  Speaker 2: Ye.
• 6:17
  Speaker 9: And that's who we want to really because especially in
• 6:18
  Speaker 9: our community, like we're very creative. We're creative people, but
• 6:21
  Speaker 9: we don't always understand the business side of things and
• 6:24
  Speaker 9: how to monetize it in the legal steps to take.
• 6:26
  Speaker 9: So like you said, I mean, we'll make it and
• 6:28
  Speaker 9: create it and then somebody else will take it and
• 6:31
  Speaker 9: now they actually own it.
• 6:32
  Speaker 6: Right.
• 6:33
  Speaker 9: So if somebody wants to actually go about setting it
• 6:36
  Speaker 9: up right, like what's the steps of legally copywriting something
• 6:40
  Speaker 9: or trademarking or if they don't know the difference, should
• 6:44
  Speaker 9: they do it via a lawyer? Can they do it
• 6:47
  Speaker 9: themselves online? What's your advice?
• 6:49
  Speaker 7: Okay?
• 6:49
  Speaker 5: So well, one I have to give a disclaimer, so
• 6:52
  Speaker 5: for anybody who's listening, what I Do.
• 6:55
  Speaker 10: This episode is brought to you by P and C Bank.
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• 8:45
  Speaker 1: An illegal alien from Guatemala charged with raping a child
• 8:48
  Speaker 1: in Massachusetts. An MS thirteen gang member from El Salvador
• 8:53
  Speaker 1: accused of murdering a Texas man of Venezuelan charged with
• 8:57
  Speaker 1: filming and selling child pornography in Michigan. These are just
• 9:01
  Speaker 1: some of the heinous migrant criminals caught because of President
• 9:05
  Speaker 1: Donald J. Trump's leadership. I'm Christy Noman, the United States
• 9:08
  Speaker 1: Secretary of Homeland Security. Under President Trump, attempted illegal border
• 9:13
  Speaker 1: crossings are at the lowest levels ever recorded, and over
• 9:17
  Speaker 1: one hundred thousand illegal aliens have been arrested. If you
• 9:20
  Speaker 1: are here illegally, your next you will be fine nearly
• 9:24
  Speaker 1: one thousand dollars a day. Imprisoned and deported, you will
• 9:28
  Speaker 1: never return. But if you register using our CBP home
• 9:32
  Speaker 1: app and leave now, you could be allowed to return legally.
• 9:35
  Speaker 1: Do what's right. Leave now. Under President Trump America's laws,
• 9:40
  Speaker 1: border and families will be protected.
• 9:43
  Speaker 2: Sponsored by the United States Department of Homeland.
• 9:44
  Speaker 5: Security says for information only, I'm not your lawyer unless
• 9:48
  Speaker 5: you hire me. Let's have to say that. But so
• 9:52
  Speaker 5: if they want to. So the thing is, you should
• 9:55
  Speaker 5: always hire a lawyer because just with anything, like if
• 9:58
  Speaker 5: there's somebody who's an expert in the field, you want
• 10:00
  Speaker 5: to kind of rely on that person's expertise for nuances
• 10:03
  Speaker 5: and things like that.
• 10:04
  Speaker 7: But that being said, you can do it yourself.
• 10:07
  Speaker 5: Like for copyrights, you could go on copyright dot Gov
• 10:11
  Speaker 5: and you kind of they make it really easy for you.
• 10:13
  Speaker 5: So they kind of lay out what are you trying
• 10:15
  Speaker 5: to copyright? Is it you know, music, is it a
• 10:18
  Speaker 5: book or something?
• 10:19
  Speaker 4: Is it?
• 10:20
  Speaker 7: So they give you the options and then you select
• 10:21
  Speaker 7: and they kind of walk.
• 10:22
  Speaker 5: You through the application process and you could kind of
• 10:26
  Speaker 5: click on stuff that will give you like explanations like
• 10:28
  Speaker 5: if you're confused as to what they're asking. So that's
• 10:32
  Speaker 5: that with copyright. With trademark, it's a little bit more technical.
• 10:37
  Speaker 5: So again, I do think you should get a lawyer,
• 10:39
  Speaker 5: but their website has tons of videos on how to
• 10:43
  Speaker 5: do it.
• 10:43
  Speaker 7: It gets overwhelming.
• 10:44
  Speaker 5: But if you feel like, you know, I want to
• 10:46
  Speaker 5: protect my stuff and I just don't have the money
• 10:48
  Speaker 5: to invest in the attorney, they have videos that you
• 10:50
  Speaker 5: could look at, and it's also sort of like you
• 10:53
  Speaker 5: could you could be walked through the process, but the
• 10:57
  Speaker 5: search is a little more tricky because it's just so
• 11:00
  Speaker 5: much to go through, and their website is not really
• 11:03
  Speaker 5: set up to give you like comprehensive results, like you
• 11:06
  Speaker 5: could type in Starbucks with two s two s's at
• 11:10
  Speaker 5: the end. You know, two s's at the end, and
• 11:12
  Speaker 5: nothing will come up, you know what I mean. So,
• 11:15
  Speaker 5: but if you put it you know exactly how it's spelled.
• 11:17
  Speaker 5: Of course tons of stuff will come up, but you know.
• 11:19
  Speaker 5: So that's how you can see how it's not that
• 11:22
  Speaker 5: you know, it's not that easy for someone who is
• 11:26
  Speaker 5: just a lay person to do it, but it's possible,
• 11:28
  Speaker 5: you know what I mean? O.
• 11:29
  Speaker 3: Speaking speaking of a trademarks, we actually behind the scenes,
• 11:31
  Speaker 3: we're talking about a trademark case that people may be
• 11:34
  Speaker 3: not familiar with, but it involves some like.
• 11:36
  Speaker 4: A high profile person, Jay Z versus Iconics.
• 11:39
  Speaker 3: And for those who don't know what who are Iconics
• 11:41
  Speaker 3: brand is, they're actually the company he sold Rockaway too.
• 11:44
  Speaker 4: You want to touch on that a little bit.
• 11:46
  Speaker 5: Yeah, sure, So jay Z sold his Rockaway brand, his
• 11:50
  Speaker 5: clothing brand, to Iconics, right, and they're like a big
• 11:53
  Speaker 5: clothing company.
• 11:53
  Speaker 7: They own a bunch of different you know, clothing lines, and.
• 11:56
  Speaker 5: So they ended up suing jay Z because he has
• 12:00
  Speaker 5: rock Nation and they're like, well, you sold us this,
• 12:03
  Speaker 5: you know, it adds some value to it, and now
• 12:05
  Speaker 5: you're still using it essentially like you're using rock Nation
• 12:08
  Speaker 5: so and that that brand is already associated with you,
• 12:11
  Speaker 5: so it's diminishing our value.
• 12:13
  Speaker 7: And so they had.
• 12:14
  Speaker 5: A lawsuit, you know, and they were going back and
• 12:17
  Speaker 5: forth and they actually ended up in the arbitration.
• 12:20
  Speaker 4: Yeah.
• 12:20
  Speaker 11: So the arbitration the arbitration process is like the really
• 12:24
  Speaker 11: crazy part of the story because during that process he
• 12:26
  Speaker 11: finds out that hey, there's no diversity in the arbitrators
• 12:30
  Speaker 11: and he like files a suit for that and he wins.
• 12:34
  Speaker 7: Yeah and yeah so.
• 12:36
  Speaker 5: He so, so, okay, arbitration process is sort of like
• 12:40
  Speaker 5: an outside of court process.
• 12:41
  Speaker 6: I was going to say, because people that might not
• 12:42
  Speaker 6: know what arbitration is.
• 12:43
  Speaker 5: Yeah, so in most contracts, especially like when it comes
• 12:48
  Speaker 5: to business, there's going to be an arbitration clause. So
• 12:50
  Speaker 5: they don't want to have to go to court like
• 12:52
  Speaker 5: the normal avenue go to court and have a judge
• 12:54
  Speaker 5: a side, they just they rather go to like basically
• 12:56
  Speaker 5: like a board room and have someone who's an arbitrator
• 13:00
  Speaker 5: sit and listen to everybody who's like specializes in that
• 13:02
  Speaker 5: area or whatever.
• 13:03
  Speaker 7: So the parties get to choose who.
• 13:05
  Speaker 5: That arbitrator is going to be, Like they get a list,
• 13:08
  Speaker 5: they get to vet and agree on who that person
• 13:10
  Speaker 5: is going to be, or maybe a few people they'll choose.
• 13:13
  Speaker 5: And so what jay Z said is that, wait, there's
• 13:15
  Speaker 5: nobody of color on this list.
• 13:17
  Speaker 7: There was like I think there were like two.
• 13:19
  Speaker 5: People of a hundred yeah, something like that, and so
• 13:22
  Speaker 5: he was like, no, I'm not doing this.
• 13:23
  Speaker 7: So he basically said I'm not.
• 13:24
  Speaker 5: Going to go forward with the arbitration went to court
• 13:27
  Speaker 5: and actually before the judge made a decision, the company
• 13:30
  Speaker 5: was like, you know what, We're going to make sure
• 13:32
  Speaker 5: that we do right and go out and get more
• 13:35
  Speaker 5: you know, African American and other people of color to
• 13:37
  Speaker 5: be able.
• 13:38
  Speaker 4: To make indirectly providing opportunities for people.
• 13:41
  Speaker 7: Of absolutely like he changed the game, like he does.
• 13:45
  Speaker 4: So many levels.
• 13:45
  Speaker 9: Every time we ju again, we've kept our streak I'm
• 13:52
  Speaker 9: talking about, We've.
• 13:56
  Speaker 6: Been consistent mandatory.
• 13:57
  Speaker 9: Yeah, all right, Well one other thing before we go
• 14:00
  Speaker 9: to the next segment, can you just briefly talk about
• 14:02
  Speaker 9: licensing with that LS.
• 14:05
  Speaker 5: So when you own these different types of intellectual property, patent, copyright, trademarks,
• 14:10
  Speaker 5: the way that most people kind of really make money
• 14:13
  Speaker 5: from him is that they license them to other people
• 14:15
  Speaker 5: to use them. So as you build your brand, your
• 14:17
  Speaker 5: brand kind of has cloud, you know, like, for instance,
• 14:20
  Speaker 5: who was it Jeff Basos just bought the Washington Washington Yeah,
• 14:25
  Speaker 5: so we know newspapers are dying, right, so you can
• 14:28
  Speaker 5: get news everywhere now, so but that name has a
• 14:31
  Speaker 5: certain amount of status. So like if something's in the
• 14:33
  Speaker 5: Washington Post, you believe it, right, So that's what people
• 14:37
  Speaker 5: you know, once their brand creates value or has a
• 14:40
  Speaker 5: value to it. You could license that to other people
• 14:42
  Speaker 5: because like say, if they put out a story on
• 14:45
  Speaker 5: now on the Washington Post, say it was a license
• 14:48
  Speaker 5: and they licensed the name to him, he puts out
• 14:50
  Speaker 5: a story, people going to believe it. So that's why
• 14:52
  Speaker 5: people want to license established brands. And so you can
• 14:55
  Speaker 5: do it in terms of allowing them just to use
• 14:59
  Speaker 5: it for a certain purpose or in a certain area,
• 15:02
  Speaker 5: or to do, you know, in connection with something specific.
• 15:06
  Speaker 7: So you could do it broad or narrow, and.
• 15:08
  Speaker 5: You could get royalties from it, or you could just
• 15:10
  Speaker 5: charge a fee for it, and that's going to be
• 15:12
  Speaker 5: through like a contract.
• 15:13
  Speaker 8: Okay.
• 15:38
  Speaker 1: An illegal alien from Guatemala charged with raping a child
• 15:42
  Speaker 1: in Massachusetts. An MS thirteen gang member from Al Salvador
• 15:46
  Speaker 1: accused of murdering a Texas man of Venezuelan charged with
• 15:50
  Speaker 1: filming and selling child pornography in Michigan. These are just
• 15:54
  Speaker 1: some of the heinous migrant criminals caught because of President
• 15:58
  Speaker 1: Donald J. Trump's leadership. I'm Christy nom the United States
• 16:02
  Speaker 1: Secretary of Homeland Security. Under President Trump, attempted illegal border
• 16:07
  Speaker 1: crossings are at the lowest levels ever recorded, and over
• 16:10
  Speaker 1: one hundred thousand illegal aliens have been arrested. If you
• 16:13
  Speaker 1: are here illegally, your next you will be fine nearly
• 16:17
  Speaker 1: one thousand dollars a day, imprisoned and deported, you will
• 16:21
  Speaker 1: never return. But if you register using our CBP home
• 16:25
  Speaker 1: app and leave now, you could be allowed to return legally.
• 16:29
  Speaker 1: Do what's right. Leave now. Under President Trump America's laws,
• 16:34
  Speaker 1: border and families will be protected.
• 16:36
  Speaker 2: Sponsored by the United States Department of Homeland Security,