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Scholars Corner: Mastering Copyrights, Trademarks & Contract Negotiations · 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.
• 0:20
  Speaker 2: Trump's leadership.
• 0:21
  Speaker 1: I'm Christy nom the United States Secretary of Homeland Security.
• 0:25
  Speaker 1: Under President Trump, attempted illegal border crossings are at the
• 0:29
  Speaker 1: lowest levels ever recorded, and over one hundred thousand illegal
• 0:33
  Speaker 1: aliens have been arrested. If you are here illegally, your
• 0:37
  Speaker 1: next you will be fined nearly one thousand dollars a day, imprisoned,
• 0:41
  Speaker 1: and deported.
• 0:42
  Speaker 2: You will never return.
• 0:44
  Speaker 1: But if you register using our CBP home app and
• 0:47
  Speaker 1: leave now, you could be allowed to return legally.
• 0:50
  Speaker 2: Do what's right. Leave now.
• 0:53
  Speaker 1: Under President Trump, America's laws, border and families will be protected.
• 0:57
  Speaker 3: Sponsored by the United States Department of Homeland Security.
• 1:00
  Speaker 4: You have to have a couple of skill sets. At
• 1:01
  Speaker 4: the core. You're a business attorney. You should be like
• 1:03
  Speaker 4: a strategist.
• 1:04
  Speaker 5: You but we need to be problem solvers, fixers because
• 1:08
  Speaker 5: at one time I may be touching what I do.
• 1:11
  Speaker 5: I'll talk about what I do is negotiating the deals
• 1:14
  Speaker 5: as you mentioned with shot like strategize and advocating, but
• 1:17
  Speaker 5: you are making sure the brand is protected, copyrights, trademarks.
• 1:22
  Speaker 5: It could be you know, if somebody's coming to your
• 1:25
  Speaker 5: clients with an investment. If I don't do it, it's
• 1:27
  Speaker 5: finding a network of corporate attorneys who.
• 1:28
  Speaker 4: May do that. So I'll call it a dot connector.
• 1:31
  Speaker 4: You're really a dot connector.
• 1:32
  Speaker 5: You handle your piece of the pie, which in my
• 1:34
  Speaker 5: case is negotiating, reviewing agreements, redline and marking up and
• 1:39
  Speaker 5: then you know, making sure the client's covered on all
• 1:42
  Speaker 5: of the facets.
• 1:43
  Speaker 4: If you don't do if somebody in your network needs
• 1:44
  Speaker 4: to do.
• 1:45
  Speaker 6: Is it different from like music, film, television.
• 1:47
  Speaker 4: Yes, so they're different.
• 1:48
  Speaker 5: Siloed So, I started as a music lawyer, so I
• 1:51
  Speaker 5: know everything about very random fact about me. I used
• 1:53
  Speaker 5: to co own a music publishing company, so I know
• 1:55
  Speaker 5: a lot about music publishing. So it starts for me.
• 1:58
  Speaker 5: I cut my teeth in music. My internship was a
• 2:01
  Speaker 5: music law So yeah, it's music, fashion, film, and TV
• 2:06
  Speaker 5: visual arts. So there are various you know, silos in
• 2:10
  Speaker 5: it between oh, the nuance and sort of the deals,
• 2:15
  Speaker 5: the deal terms and ask that you're gonna ask because
• 2:17
  Speaker 5: what I'm going to ask for music has nothing to
• 2:19
  Speaker 5: do in film and television. So when somebody's saying and
• 2:22
  Speaker 5: snow dissed other people, they're saying, entertainment is exactly what
• 2:24
  Speaker 5: you say, which sort of leg or arm like you'll
• 2:26
  Speaker 5: grow with your clients. I've been able to grow with
• 2:28
  Speaker 5: you on a massive ways and it takes you into
• 2:30
  Speaker 5: other silos. But at the core, it's always good for
• 2:33
  Speaker 5: an entertainment attorney to start in like one as I
• 2:36
  Speaker 5: keep on calling them silos, because you have to know
• 2:39
  Speaker 5: that back and forth. You have to know like music,
• 2:41
  Speaker 5: I need I'll know certain triggers. In terms of somebody's saying,
• 2:44
  Speaker 5: what does a producer need to get Okay, you need
• 2:46
  Speaker 5: to get your front end back in. You need your
• 2:48
  Speaker 5: producer fee, right, so that's one percentage of revenue. Then
• 2:51
  Speaker 5: you need your producer advance or upfront fee. You need
• 2:54
  Speaker 5: your producer royalty rate, you need your back in on publishing,
• 2:57
  Speaker 5: you need your sound exchange.
• 2:59
  Speaker 4: I just mentioned four revenue stream.
• 3:00
  Speaker 5: Yeah, if somebody doesn't know that you're missing out, you
• 3:02
  Speaker 5: leaving money on the table for your client.
• 3:04
  Speaker 7: Yeah, I always like when you get the red line,
• 3:07
  Speaker 7: I want to talk about that, because whenever a contract
• 3:11
  Speaker 7: comes to you, there's a red line version that comes back.
• 3:13
  Speaker 7: I always wander at the time that goes into doing that.
• 3:16
  Speaker 7: And one of the key things that you're looking at,
• 3:18
  Speaker 7: Like I know, like when we talk all the time,
• 3:19
  Speaker 7: it's like the first thing we're looking for is perpetuity.
• 3:22
  Speaker 3: If it's in there, So.
• 3:23
  Speaker 7: Are there other terms that you know before? Like if
• 3:26
  Speaker 7: I see that in there, we have to have a conversation.
• 3:28
  Speaker 5: Oh absolutely, it's perpetuity, like you said, Troy, Yeah, we
• 3:31
  Speaker 5: don't like that word.
• 3:32
  Speaker 4: It's like a cursory to us.
• 3:34
  Speaker 5: And again, let me give the caveat the only time
• 3:36
  Speaker 5: perpetuity is fine is if the price point could match
• 3:40
  Speaker 5: in a line and it's something that we feel like
• 3:42
  Speaker 5: is negotiable. So I want to give that disclaimer in
• 3:46
  Speaker 5: rare cases for people, and it may be something it
• 3:49
  Speaker 5: Let me give an example. If it's a SoundBite of
• 3:51
  Speaker 5: a song somebody wants to use for thirty seconds, they
• 3:53
  Speaker 5: want it a perpetuity, they pay an applicable price to
• 3:56
  Speaker 5: use it, and we narrow down the territory. Maybe that
• 3:59
  Speaker 5: works for one client, but work for the next. So
• 4:01
  Speaker 5: that's why I always i'm hands on with you all
• 4:03
  Speaker 5: to be like, what do you want out of this?
• 4:04
  Speaker 5: But I know in our case, for my guys, we
• 4:07
  Speaker 5: don't like that word.
• 4:08
  Speaker 4: So because earners, what's up?
• 4:11
  Speaker 7: You ever walk into a small business and everything just
• 4:14
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• 5:01
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  Speaker 7: can keep pushing your vision forward. This episode is brought
• 5:20
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• 6:01
  Speaker 1: An illegal alien from Guatemala charged with raping a child
• 6:05
  Speaker 1: in Massachusetts. An MS thirteen gang member from Al Salvador
• 6:09
  Speaker 1: accused of murdering a Texas. Man of Venezuelan charged with
• 6:13
  Speaker 1: filming and selling child pornography in Michigan. These are just
• 6:17
  Speaker 1: some of the heinous migrant criminals caught because of President
• 6:21
  Speaker 1: Donald J.
• 6:21
  Speaker 2: Trump's leadership. I'm Christy Noman, the.
• 6:24
  Speaker 1: United States Secretary of Homeland Security. Under President Trump, attempted
• 6:28
  Speaker 1: illegal border crossings are at the lowest levels ever recorded,
• 6:32
  Speaker 1: and over one hundred thousand illegal aliens.
• 6:35
  Speaker 2: Have been arrested.
• 6:36
  Speaker 1: If you are here illegally, your next you will be
• 6:39
  Speaker 1: fined nearly one thousand dollars a day, imprisoned, and deported.
• 6:44
  Speaker 2: You will never return.
• 6:45
  Speaker 1: But if you register using our CBP home app and
• 6:48
  Speaker 1: leave now, you could be allowed.
• 6:50
  Speaker 2: To return legally. Do what's right. Leave now.
• 6:54
  Speaker 1: Under President Trump, America's laws, border and families will be protected.
• 6:59
  Speaker 3: Sponsored by the United States Department of Homeland Security.
• 7:01
  Speaker 5: That I look for that I look for the term.
• 7:04
  Speaker 5: So again, I like to say something. My job is
• 7:07
  Speaker 5: to get you the most amount of money for the
• 7:09
  Speaker 5: least amount of commitment.
• 7:10
  Speaker 4: So that's how I treat it. What does that mean?
• 7:12
  Speaker 5: If it's a term, can we decrease it? Can we
• 7:15
  Speaker 5: keep it as short as possible and we get you
• 7:17
  Speaker 5: properly compensated in that window of time? If it's five,
• 7:20
  Speaker 5: can we get it in three years? Like? So we're negotiating.
• 7:22
  Speaker 5: Terms are very important payment terms when you're getting paid.
• 7:25
  Speaker 5: How much you're getting paid, and when you're getting paid
• 7:27
  Speaker 5: are very important because we know that could be held up.
• 7:30
  Speaker 5: Companies mean well, but they have their net ninety, they
• 7:33
  Speaker 5: have NET forty five, you know, so when you get
• 7:38
  Speaker 5: paid is very important. Services requirements, duties required of the person.
• 7:43
  Speaker 5: So you may be like I, they may be asking
• 7:45
  Speaker 5: for too much or I'm cool with that, but just
• 7:47
  Speaker 5: knowing up front what is expected of you is important.
• 7:51
  Speaker 4: I'm trying to think.
• 7:51
  Speaker 5: Of course, everything's important you all again disclaimer, but the
• 7:55
  Speaker 5: major terms, those are things just initially so that when
• 7:58
  Speaker 5: I have calls with you all is busy as you are,
• 8:00
  Speaker 5: I have to say, here's what we're going to streamline.
• 8:03
  Speaker 5: Here are the focal points, and then we attack some.
• 8:05
  Speaker 6: Of those intellectual property significant as of entertainment law. So
• 8:11
  Speaker 6: can you talk about intellectual property and can you provide
• 8:14
  Speaker 6: some examples where you've helped your clients protect their intellectual
• 8:18
  Speaker 6: property rights?
• 8:18
  Speaker 5: Yes, like you said, intellectual property or if you hear people,
• 8:22
  Speaker 5: you hear them say IP a lot. That is incredibly important.
• 8:25
  Speaker 5: It's important for everyone, But specifically I'm very passionate abou
• 8:28
  Speaker 5: our community as a black community, knowing that because that's
• 8:31
  Speaker 5: often the first thing that's taken away from us. So
• 8:33
  Speaker 5: it's a matter of what you create. And I just
• 8:36
  Speaker 5: want to also say something. When you create something in
• 8:39
  Speaker 5: the United States, copyright law and trademark law. The minute
• 8:43
  Speaker 5: you create, you write a poem, you write song lyrics,
• 8:45
  Speaker 5: there's a copyright. What you want to do is go
• 8:48
  Speaker 5: and take it added layer to it protection and you
• 8:51
  Speaker 5: go to the US Copyright Office, So www dot copyright
• 8:55
  Speaker 5: dot GUV. I tell people, go learn that skill set
• 8:57
  Speaker 5: by yourself, because I get it. When you're coming up,
• 9:00
  Speaker 5: there may not be budgets and fees for lawyers. Go
• 9:03
  Speaker 5: learn how to do some things by yourself. So go there,
• 9:07
  Speaker 5: learn how to folow a copyright. So not the most
• 9:09
  Speaker 5: exciting thing to learn. The process was once you get it,
• 9:11
  Speaker 5: you'll do it. Then you want to see, Okay, do
• 9:13
  Speaker 5: I have it what's called a source identify or brand name.
• 9:16
  Speaker 5: That's a trademark. Do I have something that people are
• 9:18
  Speaker 5: starting to know me by right? Trademark that and I can.
• 9:22
  Speaker 4: Use you all for you. I don't mind using you
• 9:24
  Speaker 4: all as example. It's clients, Sure, earn your leisure.
• 9:27
  Speaker 5: We are sitting here because this is a federally protected trademark.
• 9:32
  Speaker 5: That is what you do before things get big. You
• 9:35
  Speaker 5: protect your assets, assets and reliabilities is a trademark that's protected,
• 9:40
  Speaker 5: Sashad and Troy. The best example of using here is
• 9:44
  Speaker 5: you all of the company that you all have and companies.
• 9:48
  Speaker 5: I'm sorry, it's protected. That's the best way to do it.
• 9:51
  Speaker 5: So whether you get the trademark attorney to do it,
• 9:54
  Speaker 5: whether you do it on your own, just make sure
• 9:56
  Speaker 5: it's protected before you walk into these business stills you all,
• 9:58
  Speaker 5: because I've seen it where somebody has to then either
• 10:02
  Speaker 5: go buy that back or negotiate how to get it back,
• 10:06
  Speaker 5: and of course the price is much higher than it
• 10:09
  Speaker 5: would have been before the star started to rise.
• 10:11
  Speaker 1: An illegal alien from Guatemala charged with raping a child
• 10:15
  Speaker 1: in Massachusetts. An MS thirteen gang member from Al Salvador
• 10:19
  Speaker 1: accused of murdering a Texas man of Venezuelan charged with
• 10:23
  Speaker 1: filming and selling child pornography in Michigan. These are just
• 10:27
  Speaker 1: some of the heinous migrant criminals caught because of President
• 10:31
  Speaker 1: Donald J.
• 10:31
  Speaker 2: Trump's leadership.
• 10:32
  Speaker 1: I'm Christy Noman, the United States Secretary of Homeland Security
• 10:36
  Speaker 1: under President Trump. Attempted illegal border crossings are at the
• 10:40
  Speaker 1: lowest levels ever recorded, and over one hundred thousand illegal
• 10:44
  Speaker 1: aliens have been arrested. If you are here illegally, your
• 10:48
  Speaker 1: next you will be fine nearly one thousand dollars.
• 10:51
  Speaker 2: A day, imprisoned, and deported. You will never return.
• 10:55
  Speaker 1: But if you register using our CBP home app and
• 10:58
  Speaker 1: leave now, you could be allowed to return legally.
• 11:01
  Speaker 2: Do what's right, leave now.
• 11:04
  Speaker 1: Under President Trump America's laws, border and families will be protected.
• 11:09
  Speaker 3: Sponsored by the United States Department of Homeland Security,