1 00:00:00,000 --> 00:00:04,350 Erin Austin: Hello, welcome to this month's LinkedIn Live. 2 00:00:04,583 --> 00:00:08,636 if you haven't been here before, I'm Erin Austin, founder of Think Beyond ip. 3 00:00:08,926 --> 00:00:14,154 And I do these LinkedIn lives every, last Wednesday of the month. 4 00:00:14,154 --> 00:00:16,944 So whether they're four Wednesdays or five Wednesdays in 5 00:00:16,944 --> 00:00:18,249 a month, I There's five, right? 6 00:00:18,509 --> 00:00:22,492 they're on the last Wednesday of the month at noon Eastern. 7 00:00:22,900 --> 00:00:27,460 and so these are also recorded as podcast episodes. 8 00:00:27,833 --> 00:00:30,720 for those of you, I know some people who could make it today. 9 00:00:30,720 --> 00:00:34,460 you can find the recordings on my LinkedIn live profile and they're 10 00:00:34,460 --> 00:00:40,736 also, Audio on, hourly to exit And the video you can find on my YouTube panel. 11 00:00:40,971 --> 00:00:46,777 And so this month we're talking about, how to copyright your expertise. 12 00:00:47,001 --> 00:00:52,363 These LinkedIn lives are about how I help experts, protect their expertise 13 00:00:52,603 --> 00:00:54,283 through copyrights and contracts. 14 00:00:54,685 --> 00:00:57,055 you should know that I do take requests. 15 00:00:57,242 --> 00:01:00,472 always feel free to, send your questions to me. 16 00:01:00,532 --> 00:01:03,142 And if I think they'd make a great LinkedIn live, then. 17 00:01:03,402 --> 00:01:05,712 We shall have a LinkedIn live about it. 18 00:01:06,136 --> 00:01:10,006 So, let's get started At the end of this, of course there will be time 19 00:01:10,006 --> 00:01:11,776 for you to, ask your questions. 20 00:01:12,116 --> 00:01:14,326 Typically, I like to keep these to half an hour. 21 00:01:14,416 --> 00:01:16,816 We can definitely go over if anyone wants to go over. 22 00:01:16,816 --> 00:01:21,591 and because the nature of sometimes the questions that I get, that if they are 23 00:01:21,591 --> 00:01:27,265 too specific to your particular, Concerns, then that crosses over into legal advice, 24 00:01:27,265 --> 00:01:32,815 which I cannot give you on LinkedIn live, but I can answer your questions about, 25 00:01:32,915 --> 00:01:35,045 the copyright law and about the process. 26 00:01:35,269 --> 00:01:37,039 I look forward to hearing, your questions. 27 00:01:37,268 --> 00:01:42,635 So, How to copyright your expertise, and stop your competitors and former clients. 28 00:01:42,635 --> 00:01:46,775 'cause sometimes we have problems with that from stealing your stuff. 29 00:01:47,205 --> 00:01:51,045 So first, quickly, an overview of the copyright law. 30 00:01:51,045 --> 00:01:54,385 So, of course, everything that I'm gonna talk about today is going to be 31 00:01:54,385 --> 00:01:57,235 with respect to the US copyright laws. 32 00:01:57,579 --> 00:02:03,109 and on a federal level there are different, Laws that apply on 33 00:02:03,109 --> 00:02:05,987 a state, like you can actually get a state copyright, um, 34 00:02:05,987 --> 00:02:08,147 which is common law copyright. 35 00:02:08,347 --> 00:02:12,530 but we're talking about the copyright protections that we get 36 00:02:12,530 --> 00:02:16,583 under us copyright law, the, kind that you probably think about. 37 00:02:16,633 --> 00:02:19,933 those are the federal US copyright laws, and that's what we'll talk about today. 38 00:02:20,330 --> 00:02:22,904 And so what are copyrights? 39 00:02:23,054 --> 00:02:27,074 So basically copyrights are the exclusive bundle of rights. 40 00:02:27,074 --> 00:02:28,034 It's not just one, right? 41 00:02:28,034 --> 00:02:34,133 It's a bundle of rights at, that the owner of the copyright has in connection 42 00:02:34,138 --> 00:02:36,983 with the exploitation of that work. 43 00:02:37,287 --> 00:02:38,003 And I'm gonna. 44 00:02:38,188 --> 00:02:43,899 Refer to the copyrighted material as the work, and we'll talk more 45 00:02:43,899 --> 00:02:47,769 about what that means, but that's the terminology that I'll use. 46 00:02:47,859 --> 00:02:52,846 And so with respect to the work, the copyright owner has the exclusive 47 00:02:52,846 --> 00:02:55,216 right with respect to reproduction. 48 00:02:55,539 --> 00:02:59,852 With respect to creating derivative works, that means, taking a book and 49 00:02:59,852 --> 00:03:04,292 turning it into a movie to distribute copies of it, to make copies and, 50 00:03:04,342 --> 00:03:06,389 distribute it publicly in particular. 51 00:03:06,722 --> 00:03:07,802 To perform it. 52 00:03:07,802 --> 00:03:11,857 So a screenplay, a play, the right to perform it, that is 53 00:03:11,857 --> 00:03:13,947 a copyright to display it. 54 00:03:13,947 --> 00:03:17,787 If it's artwork, the right to display it publicly is a 55 00:03:17,787 --> 00:03:20,027 copyright and the right to trans. 56 00:03:20,722 --> 00:03:24,526 So, music, you know, the right to transmit music over the 57 00:03:24,526 --> 00:03:26,716 airways that is a copyright. 58 00:03:26,911 --> 00:03:31,669 So that bundle of rights are comprised of copyrights under us copyright law. 59 00:03:31,958 --> 00:03:36,079 And when you have a copyrightable material and you are the owner 60 00:03:36,079 --> 00:03:40,029 of that copyrightable material, you have the exclusive rights 61 00:03:40,238 --> 00:03:43,050 to do those bundle of things. 62 00:03:43,467 --> 00:03:44,460 So when. 63 00:03:44,495 --> 00:03:46,265 Is their work protected? 64 00:03:46,394 --> 00:03:52,202 At what point does the copyright attach to a work that has been created? 65 00:03:52,486 --> 00:03:59,092 So that happens at the moment of creation under us copyright laws, the protection. 66 00:03:59,537 --> 00:04:01,007 attaches automatically. 67 00:04:01,097 --> 00:04:05,717 The copyrights are created at the time that the work is created. 68 00:04:05,967 --> 00:04:10,847 So the moment that you write something down, you take a photograph, you 69 00:04:10,852 --> 00:04:17,611 paint something on canvas, you record something with a, video camera at the 70 00:04:17,611 --> 00:04:23,240 time that the work is created, the copyright attaches at that time to 71 00:04:23,477 --> 00:04:26,690 the human being who created that work. 72 00:04:26,988 --> 00:04:29,568 So do you have to register copyright? 73 00:04:29,872 --> 00:04:31,972 do you have to register with a copyright office in order for 74 00:04:31,972 --> 00:04:33,575 that protection to, be effective? 75 00:04:33,795 --> 00:04:34,695 No, you do not. 76 00:04:34,948 --> 00:04:37,558 Copyright protects at the moment. 77 00:04:37,563 --> 00:04:39,808 It attaches at the moment of creation. 78 00:04:39,813 --> 00:04:39,838 I. 79 00:04:40,223 --> 00:04:44,003 But here we're talking about registering your copyright, and 80 00:04:44,003 --> 00:04:47,563 there are a number of reasons why you want to register a copyright. 81 00:04:47,867 --> 00:04:51,330 And I always hope people can read things of course I always have it on a 82 00:04:51,335 --> 00:04:52,830 huge screen when I make these slides. 83 00:04:53,172 --> 00:04:58,427 But why would we register, with our, work with the copyright office 84 00:04:58,757 --> 00:05:00,557 when protection is automatic? 85 00:05:00,812 --> 00:05:04,050 And there are four really main reasons. 86 00:05:04,055 --> 00:05:06,367 There are others, but the main reasons are. 87 00:05:06,754 --> 00:05:12,257 The biggie is, the first one is that it enables you to file a lawsuit to 88 00:05:12,257 --> 00:05:15,174 enforce your copyrights in federal court. 89 00:05:15,438 --> 00:05:19,397 So even though the rights, exclusive rights attached to 90 00:05:19,402 --> 00:05:24,297 you at the time of creation, if there's someone goes out there and 91 00:05:24,297 --> 00:05:26,930 copies your book and you want to. 92 00:05:27,260 --> 00:05:28,940 Sue them in federal court. 93 00:05:28,940 --> 00:05:32,210 In order to enforce your copyright, it must be registered 94 00:05:32,210 --> 00:05:34,100 with a copyright office first. 95 00:05:34,371 --> 00:05:36,817 So that is a primary reason. 96 00:05:37,124 --> 00:05:41,804 the second is that it provides evidence that your copyright is valid. 97 00:05:42,008 --> 00:05:46,353 If you've gone through the process of, registering your, work with the copyright 98 00:05:46,353 --> 00:05:53,613 office, finishing the application, paying the fee, submitting a copy of your work 99 00:05:53,673 --> 00:05:58,963 to, the copyright office, and that has been accepted by the copyright office that 100 00:05:59,173 --> 00:06:03,291 provides evidence that you actually have a valid copyright, so that you can enforce 101 00:06:03,291 --> 00:06:05,691 your copyright against other parties. 102 00:06:06,111 --> 00:06:10,857 It also enables you to claim certain statutory damages and attorney's fees. 103 00:06:11,197 --> 00:06:15,908 So statutory damages are damages that are, dictated by law. 104 00:06:16,180 --> 00:06:23,460 So typically actual damages would be, you hit my car, I have to pay $5,000 to. 105 00:06:23,715 --> 00:06:27,675 get it fixed and therefore you owe my actual damages are $5,000. 106 00:06:28,006 --> 00:06:31,549 When there are statutory damages, the law says, anytime you hit a 107 00:06:31,549 --> 00:06:34,099 car, you automatically get 5,000. 108 00:06:34,099 --> 00:06:35,899 You get, let's say, a thousand dollars. 109 00:06:36,066 --> 00:06:38,444 even if there's no damages, like have yet hit my bumper. 110 00:06:39,338 --> 00:06:40,328 I get a thousand dollars. 111 00:06:40,328 --> 00:06:43,814 That would be an example of statutory damage where the law just 112 00:06:43,814 --> 00:06:45,824 dictates what the damages will be. 113 00:06:45,948 --> 00:06:49,588 So you don't have to prove what your actual damages are. 114 00:06:49,588 --> 00:06:51,328 And there are definitely benefits to that. 115 00:06:51,615 --> 00:06:57,976 let's say, somebody steals the entire content of my Great American novel 116 00:06:58,218 --> 00:07:00,376 that I have sold two copies of. 117 00:07:00,526 --> 00:07:00,976 Right. 118 00:07:01,266 --> 00:07:02,856 what are my actual damages? 119 00:07:03,131 --> 00:07:07,204 If you know, there's actually no market for my fantastic novel, 120 00:07:07,502 --> 00:07:11,026 but with their statutory damages, you stole my entire novel. 121 00:07:11,133 --> 00:07:13,156 Statutory damages would give me. 122 00:07:13,378 --> 00:07:18,078 the amount dictated by law, that would be my damages just because you stole my work. 123 00:07:18,280 --> 00:07:19,908 So that would be the benefit there. 124 00:07:20,158 --> 00:07:25,258 And then if you do have to go to court, and sue someone, then that costs money. 125 00:07:25,263 --> 00:07:29,770 I mean, one of the reasons people generally, avoid taking someone to court 126 00:07:29,770 --> 00:07:31,300 is because of those attorney's fees. 127 00:07:31,662 --> 00:07:35,850 And so if you have your registered, copyright, then you would be able to 128 00:07:35,855 --> 00:07:38,160 be awarded attorney's fees as well. 129 00:07:38,598 --> 00:07:40,818 I see Tony has a question here. 130 00:07:40,818 --> 00:07:44,688 What about someone that copies your program that's been copyrighted 131 00:07:44,688 --> 00:07:46,668 and are working your program? 132 00:07:46,997 --> 00:07:47,652 Oh, okay. 133 00:07:47,905 --> 00:07:52,915 That, is going to be a derivative and so somebody takes what you have 134 00:07:52,915 --> 00:07:54,565 and they create a derivative of it. 135 00:07:54,908 --> 00:07:55,598 Guess what? 136 00:07:55,745 --> 00:07:57,878 That's one of the bundle of the copyrights. 137 00:07:58,031 --> 00:08:01,685 To create something based on somebody else's work is creating a 138 00:08:01,685 --> 00:08:06,268 derivative, and that is the exclusive right of the copyright owners for 139 00:08:06,268 --> 00:08:09,328 anyone to take their work and to create another work based on it. 140 00:08:09,625 --> 00:08:12,622 So that would be a breach of your copyright and an 141 00:08:12,622 --> 00:08:14,782 infringement, assuming you have a. 142 00:08:14,948 --> 00:08:16,299 copyrighted, work. 143 00:08:16,563 --> 00:08:20,916 and then the fourth reason is it puts others on notice, that your work 144 00:08:20,916 --> 00:08:25,126 is protected and it lets the world know who the copyright owner is. 145 00:08:25,426 --> 00:08:26,756 So you can't see it. 146 00:08:26,761 --> 00:08:30,702 Of course, down here I have my, copyright notice. 147 00:08:31,042 --> 00:08:33,202 That has, the c in a circle. 148 00:08:33,409 --> 00:08:39,832 The 20, 23 is when I created these wonderful slides and they're owned by 149 00:08:39,862 --> 00:08:42,826 my, law firm, Aaron oss Lockey, L l c. 150 00:08:43,181 --> 00:08:47,167 So that does put the world on notice when we put the C, with the copyright 151 00:08:47,167 --> 00:08:48,967 notice on the material itself. 152 00:08:49,237 --> 00:08:52,131 But, let's say it was, hourly exit. 153 00:08:52,466 --> 00:08:56,106 Instead of Aaron Austin Law and then go, what's that? 154 00:08:56,166 --> 00:08:59,945 And so in order for them to find me like when you register it, then they 155 00:08:59,945 --> 00:09:02,767 can find it and, find the owner of it. 156 00:09:03,007 --> 00:09:07,147 So if they wanna license rights to it, wanna buy rights to it, wanna 157 00:09:07,147 --> 00:09:11,287 create a derivative of it, then they know how to find the copyright owner. 158 00:09:11,738 --> 00:09:15,338 So how to register a copyright. 159 00:09:15,581 --> 00:09:17,514 So there's Three main, steps. 160 00:09:17,734 --> 00:09:21,904 one, you have to make sure that the work is copyrightable. 161 00:09:21,904 --> 00:09:25,504 There are rules about what is eligible for copyright protection. 162 00:09:25,769 --> 00:09:28,134 That would be something that is copyrightable. 163 00:09:28,344 --> 00:09:32,424 That is by far the most complex question, and the majority of 164 00:09:32,424 --> 00:09:33,744 our time will be spent there. 165 00:09:34,071 --> 00:09:38,026 The second thing, you have to file the copyright application and you 166 00:09:38,026 --> 00:09:43,546 have to file a copy of the work with the Library of Congress. 167 00:09:43,879 --> 00:09:48,693 And so just very briefly, I'm gonna talk about the application process. 168 00:09:49,086 --> 00:09:54,973 you can now apply online, go to the, electronic copyright office, for whatever 169 00:09:54,973 --> 00:09:57,043 reasons, the u r L was very complicated. 170 00:09:57,043 --> 00:09:58,944 So you just want to, Google it. 171 00:09:59,127 --> 00:10:01,802 and you can for most, works. 172 00:10:01,802 --> 00:10:06,850 You can register them online, and the whole process would take place online, 173 00:10:06,850 --> 00:10:12,999 including the submission of the work, assuming it's digital, and there are. 174 00:10:13,359 --> 00:10:17,710 step-by-step process for how you actually fill out each of those, areas. 175 00:10:17,710 --> 00:10:20,770 I wanna spend most of the time with what's copyrightable today. 176 00:10:21,020 --> 00:10:25,190 And I think what I'm going to do is another one that kind of walks through the 177 00:10:25,195 --> 00:10:27,570 application process, so you can see it. 178 00:10:27,750 --> 00:10:30,510 But I wanna start with what's copyrightable. 179 00:10:30,845 --> 00:10:33,495 And so that is the electronic version. 180 00:10:33,705 --> 00:10:37,355 There's also paper versions that, back when I was doing film work, 181 00:10:37,355 --> 00:10:40,893 we had to print the stuff out and, type in, the information about the 182 00:10:40,893 --> 00:10:44,943 movie and then send a reel of the movie into the copyright office. 183 00:10:45,050 --> 00:10:47,283 So you can either do it online or you can do it. 184 00:10:47,368 --> 00:10:52,713 on paper, the filing fee is, a little more for paper, but the application 185 00:10:52,713 --> 00:10:54,783 fee itself is not super high. 186 00:10:54,783 --> 00:11:00,436 It's between, $45 and $85 I believe, that's the registration process. 187 00:11:00,556 --> 00:11:03,723 And know, of course what I think is really cool, I don't think most people 188 00:11:03,773 --> 00:11:08,089 realize this, but when you, register your work with a copyright office, 189 00:11:08,319 --> 00:11:13,326 that copy goes into the library of Congress, so I think that's pretty cool. 190 00:11:13,596 --> 00:11:17,743 again, I wanna spend most of the time talking about whether or 191 00:11:17,743 --> 00:11:19,813 not the work is copyrightable. 192 00:11:20,174 --> 00:11:20,624 and. 193 00:11:20,941 --> 00:11:23,251 There are a couple of issues we need to think about. 194 00:11:23,251 --> 00:11:27,811 So Copyrightable works have to fall into one of these categories. 195 00:11:28,147 --> 00:11:28,894 Literary work. 196 00:11:28,954 --> 00:11:30,784 That would be nonfiction and fiction. 197 00:11:30,784 --> 00:11:34,048 So that would be a book or an article, a musical composition. 198 00:11:34,048 --> 00:11:40,221 That would be the lyrics or the, notes of music, dramatic work, like 199 00:11:40,281 --> 00:11:45,082 a play, a pantomime or Choreography, those are copyrightable sending 200 00:11:45,082 --> 00:11:46,222 that they've been recorded. 201 00:11:46,540 --> 00:11:50,230 pictorial graphic, that's artwork, including sculptures. 202 00:11:50,660 --> 00:11:53,330 Audio, visual work, that would be like motion pictures 203 00:11:53,330 --> 00:11:55,190 or videos, sound recordings. 204 00:11:55,190 --> 00:11:56,960 That would be the recording of a song. 205 00:11:57,203 --> 00:11:59,990 The musical composition would be the written part of it. 206 00:11:59,990 --> 00:12:02,061 The recording would be, know, when you sing it. 207 00:12:02,164 --> 00:12:02,901 And record it. 208 00:12:03,231 --> 00:12:07,008 Architectural work and source code for computers is considered 209 00:12:07,008 --> 00:12:10,098 literary work and is copyrightable. 210 00:12:10,447 --> 00:12:11,732 what It cannot be. 211 00:12:12,541 --> 00:12:18,601 Importantly is it has to be something that is creative and by a human. 212 00:12:18,912 --> 00:12:22,501 And so the things that aren't creative or aren't considered to be 213 00:12:22,501 --> 00:12:26,611 created by a human are the things that are going to be excluded, 214 00:12:26,831 --> 00:12:29,256 and the copyright office will not. 215 00:12:29,555 --> 00:12:32,148 analyze how, unique it is. 216 00:12:32,148 --> 00:12:36,227 It doesn't have to be brilliance, it can be pretty ordinary, but 217 00:12:36,227 --> 00:12:41,417 still, so long as it is created by a human and there's some element of 218 00:12:41,417 --> 00:12:44,209 creativity, then it would be eligible. 219 00:12:44,562 --> 00:12:48,612 So things that are not eligible because the copyright office does not deem 220 00:12:48,612 --> 00:12:54,298 them to be sufficiently creative, are ideas, concepts, and processes. 221 00:12:54,303 --> 00:12:59,168 I mean, these are not, if until we have expressed it in some way 222 00:12:59,173 --> 00:13:01,298 until we have written it down. 223 00:13:01,661 --> 00:13:07,271 A book until we have created a video about it, until we have documented 224 00:13:07,271 --> 00:13:12,491 it, and the expression of our idea, the expression of the concept, the 225 00:13:12,491 --> 00:13:15,121 expression of the process that. 226 00:13:15,200 --> 00:13:20,688 Expression is copyrightable, but the ideas itself, the concepts themselves 227 00:13:20,864 --> 00:13:23,335 are not titles, names, logos. 228 00:13:23,335 --> 00:13:26,635 They're not considered sufficiently creative, even if they are very 229 00:13:26,635 --> 00:13:29,128 unique, for copyright protection. 230 00:13:29,368 --> 00:13:33,448 Those can be eligible for trademark protection, but not copyright protection. 231 00:13:33,747 --> 00:13:38,200 You cannot get copyright protection for something that is based on somebody 232 00:13:38,200 --> 00:13:42,301 else's, work, including something that was your former employers. 233 00:13:42,499 --> 00:13:45,901 So maybe something that you got from your former employer and you're using 234 00:13:45,901 --> 00:13:48,341 it to create, a course based on it. 235 00:13:48,584 --> 00:13:51,941 You can't get copyright protection from it if you don't own the underlying 236 00:13:51,941 --> 00:13:53,981 material or don't have rights to it. 237 00:13:54,410 --> 00:13:59,670 useful objects like clothing or tools, because sculpture is copyrightable, 238 00:13:59,670 --> 00:14:03,460 but if it's something that's just useful, that would not be copyrightable. 239 00:14:03,688 --> 00:14:07,421 If it's in the public domain, we'll talk about what that is. 240 00:14:07,740 --> 00:14:12,450 common geometric shapes and things that are entirely composed of information, 241 00:14:12,717 --> 00:14:15,177 those are not copyrightable. 242 00:14:15,943 --> 00:14:20,323 So in order for it to be eligible for copyright has to be in 243 00:14:20,383 --> 00:14:22,933 that fixed, tangible medium. 244 00:14:23,159 --> 00:14:27,500 So even though we call it intellectual property, an intangible, in order 245 00:14:27,505 --> 00:14:31,790 for it to be eligible for copyright protection, it has to be fixed in 246 00:14:31,790 --> 00:14:36,090 a tangible medium, written down, recorded, painted, sketched, carved. 247 00:14:36,467 --> 00:14:38,597 so those things are required. 248 00:14:38,962 --> 00:14:40,873 That would mean that things that. 249 00:14:41,068 --> 00:14:46,332 Aren't recorded or put in some sort of tangible form aren't copyrightable. 250 00:14:46,502 --> 00:14:50,022 So if you improvise a speech or performance and it's not written 251 00:14:50,027 --> 00:14:51,342 anywhere, it's not recorded. 252 00:14:51,707 --> 00:14:53,502 That is not copyrightable. 253 00:14:53,721 --> 00:14:57,114 ordinary conversation even no matter how brilliant, sometimes we say really 254 00:14:57,114 --> 00:14:58,644 brilliant things in conversation. 255 00:14:58,924 --> 00:15:04,457 not copyrightable, again, a choreographic work that has not been recorded. 256 00:15:04,787 --> 00:15:08,687 Then any of those things, if it is recorded by someone who didn't 257 00:15:08,687 --> 00:15:10,127 have the authority to do it. 258 00:15:10,311 --> 00:15:15,887 So let's say you're at a concert and it's not being recorded by the performers and 259 00:15:15,892 --> 00:15:21,015 they improvise something and you're in the audience and you record it, you can't, 260 00:15:21,035 --> 00:15:23,515 get cover, protection for your recording. 261 00:15:23,986 --> 00:15:27,136 So it must be created by a human. 262 00:15:27,438 --> 00:15:31,696 Now that AI is all over the news, of course. 263 00:15:31,696 --> 00:15:35,806 something that's purely AI generated, the copyright office will reject that. 264 00:15:35,806 --> 00:15:39,537 There was a, recent ruling about that of a, image. 265 00:15:39,537 --> 00:15:43,930 It was a painting where, it was a hundred percent AI generated and 266 00:15:43,935 --> 00:15:45,640 the copyright office rejected it. 267 00:15:45,852 --> 00:15:49,405 This will of course, continue to evolve, as. 268 00:15:49,652 --> 00:15:53,333 AI evolves and, we add layers to it. 269 00:15:53,333 --> 00:15:57,833 Let's say we ask for an outline, but then we create a book from that outline. 270 00:15:57,833 --> 00:16:01,067 Like, these are all things that are maybes, something that's 271 00:16:01,072 --> 00:16:04,197 just a natural phenomenon like driftwood beautiful, right? 272 00:16:04,471 --> 00:16:07,820 But you can't copyright it as your sculpture and things 273 00:16:07,820 --> 00:16:09,470 that are just kind of random. 274 00:16:09,898 --> 00:16:14,543 My example here is music created by A wind chime that's not created by human. 275 00:16:14,904 --> 00:16:19,674 even though the chime is created by human, the music is not, 276 00:16:20,000 --> 00:16:21,894 and probably not copyrightable. 277 00:16:22,194 --> 00:16:25,560 And then a sufficient amount of creativity. 278 00:16:26,007 --> 00:16:30,867 And so when something does not involve human creativity, and that would be 279 00:16:30,867 --> 00:16:36,714 the ai, generated, element, but also things like, footage from a dash cam 280 00:16:36,942 --> 00:16:39,270 or footage from, we see this ring. 281 00:16:39,492 --> 00:16:40,842 Cameras all the time. 282 00:16:41,074 --> 00:16:44,231 that footage, does not involve any human creativity. 283 00:16:44,231 --> 00:16:45,251 We didn't, block it. 284 00:16:45,251 --> 00:16:46,861 We didn't choose the subject matter. 285 00:16:46,861 --> 00:16:48,931 We didn't time it or anything. 286 00:16:49,225 --> 00:16:51,985 and so generally that would not be copyrightable. 287 00:16:52,245 --> 00:16:55,180 and then if there's only a few ways to expression ideas. 288 00:16:55,180 --> 00:16:59,360 So even if you express something, I write out a recipe, but 289 00:16:59,360 --> 00:17:00,950 there's only so many ways to. 290 00:17:01,212 --> 00:17:02,678 crate chocolate chip cookies. 291 00:17:02,678 --> 00:17:07,346 And there's only so many ways to, sift, flour and mix things 292 00:17:07,346 --> 00:17:09,380 and, put peaks on egg whites. 293 00:17:09,716 --> 00:17:13,550 So, generally it would not be copyrightable. 294 00:17:13,900 --> 00:17:20,625 then another one is aire, which is Those beets in a plot that necessarily 295 00:17:20,625 --> 00:17:22,395 come from the subject of the plot. 296 00:17:22,576 --> 00:17:25,845 So let's take a vampire novel, for instance. 297 00:17:26,089 --> 00:17:29,559 I have a vampire novel and I've got, he sleeps in a casket. 298 00:17:29,787 --> 00:17:31,449 He doesn't go out in the sun. 299 00:17:31,778 --> 00:17:33,126 is afraid of garlic. 300 00:17:33,126 --> 00:17:34,443 Um, he lives forever. 301 00:17:34,473 --> 00:17:38,074 Like I can't claim copyright protection in those things that 302 00:17:38,074 --> 00:17:40,821 are obviously part of every, novel. 303 00:17:41,114 --> 00:17:45,927 but just generally, I will say that, the copyright ability of the work is going to 304 00:17:45,927 --> 00:17:48,717 be one of the more complicated matters. 305 00:17:48,991 --> 00:17:51,908 because there are rules, there are exceptions to the rules. 306 00:17:52,038 --> 00:17:56,271 there will always be, Things like a stop sign that you would 307 00:17:56,271 --> 00:17:57,381 think is not copyrightable. 308 00:17:57,468 --> 00:18:00,678 obviously we know from Andy Warhol that you can take something very 309 00:18:00,678 --> 00:18:03,588 ordinary and make it extraordinary and extremely valuable. 310 00:18:03,931 --> 00:18:05,821 so there's always going to be an exception to the rules. 311 00:18:06,180 --> 00:18:09,750 anyway, I will stop there 'cause I know I have questions and I 312 00:18:09,750 --> 00:18:11,100 wanna make sure I get to them. 313 00:18:11,513 --> 00:18:12,143 Okay. 314 00:18:12,143 --> 00:18:16,793 Is a reader's guide to a book considered a derivative? 315 00:18:17,243 --> 00:18:21,468 So, this is an interesting question because I know that I see reader's, 316 00:18:21,473 --> 00:18:26,915 guides to books, on Amazon, and I have looked into whether or not they 317 00:18:26,915 --> 00:18:32,784 got permission for it, based on the law, I would consider it a derivative. 318 00:18:32,859 --> 00:18:34,419 and not fair use. 319 00:18:34,449 --> 00:18:37,569 We're not talking about fair use today, but it's not fair use. 320 00:18:37,569 --> 00:18:39,038 It I would consider it a derivative. 321 00:18:39,038 --> 00:18:40,538 You've taken somebody else's work. 322 00:18:40,898 --> 00:18:44,438 Now the question is, how much of it have you taken? 323 00:18:44,747 --> 00:18:50,210 let's say it is a book club guide, I've seen those where you just have a list 324 00:18:50,210 --> 00:18:54,110 of questions like, this character and that character seemed to be at odds. 325 00:18:54,110 --> 00:18:55,160 What do you think about that? 326 00:18:55,441 --> 00:18:59,854 if you're talking about that kind of thing that makes you go back and read 327 00:18:59,854 --> 00:19:04,924 the book and understand the book, you cannot process it without the book. 328 00:19:05,374 --> 00:19:10,087 I would think that is, not a derivative, that is just something that's a discussion 329 00:19:10,087 --> 00:19:14,431 guide versus something that's literally like, I can't remember what they were 330 00:19:14,431 --> 00:19:18,596 called, the things with the yellow, with a black, I can't remember what it's called. 331 00:19:18,949 --> 00:19:23,309 That they, summarize the book that is a hundred percent a derivative. 332 00:19:23,669 --> 00:19:28,009 And, I would not, do that, without permission from the copyright owner. 333 00:19:28,411 --> 00:19:31,351 how long does it take to register copyright? 334 00:19:31,711 --> 00:19:34,971 So, I often see the slides from the copyright symbol. 335 00:19:34,971 --> 00:19:36,261 The content's not registered. 336 00:19:36,495 --> 00:19:37,281 Should we register to profile? 337 00:19:37,431 --> 00:19:37,791 Okay. 338 00:19:37,791 --> 00:19:39,154 So couple of things. 339 00:19:39,427 --> 00:19:43,834 The process to register a copyright is not very long. 340 00:19:43,834 --> 00:19:48,594 Again, it is having your work confirming that it is copyrightable. 341 00:19:48,936 --> 00:19:50,436 completing the application. 342 00:19:50,436 --> 00:19:54,456 The application will take approximately, depending, we know 343 00:19:54,456 --> 00:19:59,132 if you have everything that you need and you understand the questions. 344 00:19:59,352 --> 00:20:02,502 it would take, approximately, an hour, maybe 45 minutes 345 00:20:02,502 --> 00:20:04,032 to complete the application. 346 00:20:04,344 --> 00:20:09,994 then you need to submit the fee, and then you need to send in the deposit, which 347 00:20:09,994 --> 00:20:14,464 would be a copy of the work that you wanna have registered to the copyright office. 348 00:20:14,724 --> 00:20:18,834 And so once they receive all of those things, then as if they have no 349 00:20:18,834 --> 00:20:20,844 questions, they go great, looks great. 350 00:20:21,101 --> 00:20:25,804 It would take about one to two months for the registration to be completed 351 00:20:26,095 --> 00:20:29,407 and for you to get your, confirmation back from the copyright office. 352 00:20:29,672 --> 00:20:31,777 They may have some questions if they have some questions. 353 00:20:31,777 --> 00:20:34,417 It may go as long as eight months, depending on the 354 00:20:34,417 --> 00:20:36,484 nature of their questions. 355 00:20:36,759 --> 00:20:38,289 But it shouldn't take that long. 356 00:20:38,289 --> 00:20:39,969 That would be pretty extraordinary. 357 00:20:40,264 --> 00:20:43,830 but you should know that again, copyright protection attaches 358 00:20:43,830 --> 00:20:45,210 at the moment you create it. 359 00:20:45,439 --> 00:20:50,385 So the registration is because you want to enforce your rights in the 360 00:20:50,390 --> 00:20:52,600 copyright office, right, court. 361 00:20:52,960 --> 00:20:57,520 And so you put that c the copyright symbol on it. 362 00:20:57,881 --> 00:21:01,811 To give notice to the world that you are claiming copyright ownership in it. 363 00:21:02,117 --> 00:21:05,127 whether or not, how long it takes for the copyright office to get 364 00:21:05,127 --> 00:21:10,069 through your application and send you, certificate back, two to eight months. 365 00:21:10,363 --> 00:21:14,624 but again, your copyright is, is attached that whole time since you created it. 366 00:21:15,367 --> 00:21:17,077 Should we register your proposals? 367 00:21:17,417 --> 00:21:24,550 I would say no one, I is it something that you would want to enforce in court? 368 00:21:24,773 --> 00:21:31,160 would you be willing to hire an attorney to get someone to not, copy your proposal? 369 00:21:31,470 --> 00:21:32,970 and maybe the answer to that is yes. 370 00:21:32,970 --> 00:21:34,140 I don't know the answer to that. 371 00:21:34,468 --> 00:21:39,268 But generally it is those things that, would, I wanna call 'em your 372 00:21:39,268 --> 00:21:43,727 money makers, the things that provide value to your end client, the thing 373 00:21:43,727 --> 00:21:45,894 that the client is paying you for. 374 00:21:46,266 --> 00:21:51,054 Now, your proposals obviously entice your client to pay you, but is the 375 00:21:51,054 --> 00:21:53,694 proposal what they get value from? 376 00:21:53,936 --> 00:21:55,944 Is that what they're actually paying you for? 377 00:21:56,124 --> 00:22:00,414 So if they're paying you for your trainings, they're paying you for. 378 00:22:00,762 --> 00:22:04,602 Your courses, they're paying you for your workshops, they're 379 00:22:04,602 --> 00:22:07,392 paying you for your workbooks. 380 00:22:07,606 --> 00:22:12,222 Those are the things, those that you direct revenue makers, I think would be 381 00:22:12,222 --> 00:22:16,388 the place where I would focus most of my attention For registering the copyright. 382 00:22:16,672 --> 00:22:20,562 we make copyrightable materials all day, every day, every time you, write 383 00:22:20,562 --> 00:22:24,162 a proposal, every time you make a blog post, every time you post on LinkedIn, 384 00:22:24,466 --> 00:22:29,839 theoretically those are all copyrightable works, but you don't wanna to get 385 00:22:29,839 --> 00:22:33,919 so wrapped up in trying to copyright everything that you create because 386 00:22:34,249 --> 00:22:36,289 most of them don't have kind of that. 387 00:22:36,626 --> 00:22:42,673 Evergreen value, that moneymaking value that your other, the deliverables 388 00:22:42,673 --> 00:22:45,997 that you have for your clients do so. 389 00:22:46,650 --> 00:22:47,310 Okay. 390 00:22:47,370 --> 00:22:49,080 Do you need to copyright each? 391 00:22:49,525 --> 00:22:53,395 Slide presentation or proposals in order to protect the contents. 392 00:22:53,793 --> 00:22:57,205 this slide presentation, for instance, this is one work. 393 00:22:57,565 --> 00:22:58,885 So if that's what you mean. 394 00:22:59,099 --> 00:23:01,979 I would register this entire thing, so this would be my work. 395 00:23:02,263 --> 00:23:05,629 I will do another one where I walk through an application, but the application 396 00:23:05,629 --> 00:23:07,009 will ask you, what's the title? 397 00:23:07,160 --> 00:23:09,589 And I'll say, it's how to Copyright your Expertise. 398 00:23:09,873 --> 00:23:10,849 What kind is it? 399 00:23:10,849 --> 00:23:12,419 This is, literary. 400 00:23:12,419 --> 00:23:13,199 there are some. 401 00:23:13,719 --> 00:23:16,823 kind of visual elements to them, but I don't claim any copyright, 402 00:23:17,143 --> 00:23:18,823 protection in the visual elements. 403 00:23:18,954 --> 00:23:20,323 So it would be the content. 404 00:23:20,550 --> 00:23:22,873 So it would be a literary work. 405 00:23:23,136 --> 00:23:24,813 And who is the owner? 406 00:23:24,843 --> 00:23:25,623 who created it? 407 00:23:25,623 --> 00:23:26,433 I created it. 408 00:23:26,858 --> 00:23:29,295 but the owner is Erin Austin Law. 409 00:23:29,295 --> 00:23:30,195 P l c. 410 00:23:30,195 --> 00:23:33,255 'cause I'm an employee of it, so it is actually the owner. 411 00:23:33,494 --> 00:23:38,886 And so it would be, Just, and this would be one work, and then I would 412 00:23:38,886 --> 00:23:44,277 send in this entire 19 slides to the copyright office, and that would be 413 00:23:44,452 --> 00:23:46,721 the deposit, with a copyright office. 414 00:23:46,781 --> 00:23:49,151 So that would not be an slide by slide. 415 00:23:49,452 --> 00:23:50,952 and same would go for your proposal. 416 00:23:50,952 --> 00:23:54,679 I assume your proposal would be, maybe if it's a P D F, the same, thing. 417 00:23:54,679 --> 00:23:55,819 You do the whole thing. 418 00:23:56,131 --> 00:23:59,504 and that would be one work that you would register. 419 00:23:59,564 --> 00:24:02,891 And by the way, a work, there are different definitions of 420 00:24:02,891 --> 00:24:04,302 works depending on what it is. 421 00:24:04,671 --> 00:24:07,141 So a book is like, one work. 422 00:24:07,141 --> 00:24:10,577 but a series of magazines might be. 423 00:24:10,932 --> 00:24:14,352 More than one work, depending on, know, if you did it before 424 00:24:14,352 --> 00:24:15,462 or after it was published. 425 00:24:15,462 --> 00:24:18,072 So there's different rules about something that's before it's published 426 00:24:18,072 --> 00:24:21,272 versus after it's published, which would definitely be beyond today, but 427 00:24:21,272 --> 00:24:27,168 generally one work would be one unified expression, a song, a photograph. 428 00:24:27,962 --> 00:24:30,452 a painting, an article. 429 00:24:30,742 --> 00:24:33,033 you can register entire website. 430 00:24:33,083 --> 00:24:35,543 most people don't because websites change a lot. 431 00:24:35,825 --> 00:24:39,679 for my facilitated decision making sessions, I craft a 432 00:24:39,679 --> 00:24:43,979 design, write a script, create participants, of compilation. 433 00:24:44,492 --> 00:24:46,475 So when you have more than one. 434 00:24:46,475 --> 00:24:48,455 So let's say I have a workshop. 435 00:24:48,455 --> 00:24:52,419 So let's say I wanted to register this and I wanted to not just 436 00:24:52,419 --> 00:24:56,049 register the slides, but I also wanted to register the recording. 437 00:24:56,330 --> 00:24:58,950 that would still just be one work. 438 00:24:59,066 --> 00:25:04,916 And so I would choose the one that this is mostly, so I would choose as 439 00:25:04,916 --> 00:25:07,350 the type of work, the audio visual. 440 00:25:07,350 --> 00:25:10,700 I'll go So I would choose the audio visual one. 441 00:25:10,984 --> 00:25:13,800 And so I would say it's an audio visual work. 442 00:25:13,856 --> 00:25:16,730 it has, video and sound. 443 00:25:16,820 --> 00:25:22,250 And then I would also say there'd be a place where I could also add the script. 444 00:25:22,596 --> 00:25:26,649 If I were to do a transcript and the words that are on the slides as well. 445 00:25:26,881 --> 00:25:33,025 So, you can register more than one category in one, application. 446 00:25:33,175 --> 00:25:37,135 And so you would just, there are places where you put notes that tells you like, 447 00:25:37,359 --> 00:25:41,359 The main one is that would depend on which application you use, literary, 448 00:25:41,359 --> 00:25:43,795 musical, audio, visual, et cetera. 449 00:25:43,996 --> 00:25:47,072 And then you'd also have places to show that you also have other types 450 00:25:47,072 --> 00:25:49,102 of, work in that same application. 451 00:25:49,601 --> 00:25:54,311 If I transition my company from a sole proprietor, D V A to an L l C, do 452 00:25:54,311 --> 00:25:59,498 the copyright transfer automatically, no transfers of registered co. 453 00:25:59,498 --> 00:26:05,266 So, I'll say this, if you haven't registered them yet, then you would 454 00:26:05,266 --> 00:26:11,343 just want to, when you create your L L C, you would, make that a contribution. 455 00:26:11,348 --> 00:26:16,819 Just like when you create an L L C, you're gonna put money in there, and 456 00:26:16,819 --> 00:26:19,385 you would also contribute, whatever. 457 00:26:19,495 --> 00:26:25,015 Other assets you want to contribute to, whether it's your office equipment or 458 00:26:25,045 --> 00:26:30,146 your, intellectual assets, if you have already registered them in your name. 459 00:26:30,146 --> 00:26:34,946 So if I go in into the copyright office and I see Ellen Grace Henson as the 460 00:26:34,946 --> 00:26:40,700 owner of some, book, and you want to then transfer that to your company. 461 00:26:41,061 --> 00:26:42,951 you would need to register the transfer. 462 00:26:43,053 --> 00:26:48,138 So that is another, process that you can do through the copyright office 463 00:26:48,321 --> 00:26:51,948 where you have an assignment of the rights and you would state what it is. 464 00:26:51,948 --> 00:26:56,388 I'm assigning the rights and my book to, My L l C and then you would 465 00:26:56,388 --> 00:26:58,218 register that in the copyright office. 466 00:26:58,488 --> 00:27:02,471 Therefore, the, owner who was currently Ellen Grace, would then 467 00:27:02,471 --> 00:27:04,383 become, the name of my company. 468 00:27:04,564 --> 00:27:10,288 And so you would want to properly register that the transfer of copyrights 469 00:27:10,288 --> 00:27:13,318 requires that it is in writing and signed. 470 00:27:13,318 --> 00:27:14,248 So you do wanna do that. 471 00:27:14,784 --> 00:27:16,266 My sessions are live. 472 00:27:16,296 --> 00:27:17,466 No recording. 473 00:27:17,466 --> 00:27:20,526 So if there's no recording, then you would register. 474 00:27:20,526 --> 00:27:23,539 I assume that you have, um, some materials that you're presenting. 475 00:27:23,849 --> 00:27:25,259 maybe there is. 476 00:27:25,319 --> 00:27:27,059 You have a script that you use. 477 00:27:27,291 --> 00:27:31,597 It's been written, recorded somehow, captured electronically, so it 478 00:27:31,597 --> 00:27:36,057 has to be in a fixed medium in order for it to be copyrightable. 479 00:27:36,379 --> 00:27:39,949 My main question is that it is compiled from others and other 480 00:27:39,949 --> 00:27:41,269 resources because of this. 481 00:27:41,532 --> 00:27:42,432 That's correct. 482 00:27:42,661 --> 00:27:49,327 It is not copyrightable if you do not have permission if it is based on a 483 00:27:49,327 --> 00:27:51,337 someone else's copyrightable materials. 484 00:27:51,367 --> 00:27:58,714 Now, let's say I had in here, A, image that I got off the internet that, 485 00:27:58,714 --> 00:28:04,581 showed, a graph about what types of materials are copyrighted per year 486 00:28:04,907 --> 00:28:07,397 and I could not claim copyright. 487 00:28:07,826 --> 00:28:09,656 Ownership of that graph. 488 00:28:09,656 --> 00:28:12,346 Now, that is, I haven't created a derivative of it. 489 00:28:12,616 --> 00:28:15,376 I've used it in this presentation. 490 00:28:15,699 --> 00:28:20,807 technically I should have gotten, a consent to use it, but it doesn't defeat 491 00:28:20,807 --> 00:28:23,602 the copyright ability of my presentation. 492 00:28:23,949 --> 00:28:27,446 What I would do is when I register this in the copyright office, I 493 00:28:27,446 --> 00:28:30,386 would say, I'm registering this, 494 00:28:30,486 --> 00:28:35,266 Presentation and there'd be a place for me to say, I do not 495 00:28:35,266 --> 00:28:37,996 claim ownership of the graph. 496 00:28:38,336 --> 00:28:42,392 that explains, the, the breakdown of copyrightable topics. 497 00:28:42,718 --> 00:28:47,708 so there would be a place where you would disclaim, ownership of 498 00:28:47,708 --> 00:28:49,778 those parts that you do not own. 499 00:28:50,158 --> 00:28:54,628 So whether or not the whole, resource is copyrightable or not would depend 500 00:28:54,628 --> 00:28:56,418 on whether or not it is, a derivative. 501 00:28:56,893 --> 00:28:59,587 I think I've hit all of your questions. 502 00:28:59,897 --> 00:29:03,448 So if you have any questions, additional questions, you can 503 00:29:03,448 --> 00:29:06,088 find me@thinkbeyondip.com. 504 00:29:06,443 --> 00:29:10,127 there I have additional resources about, what is. 505 00:29:10,252 --> 00:29:11,362 copyrightable. 506 00:29:11,362 --> 00:29:18,182 I do have just, on today, a assessment that also helps walk you through 507 00:29:18,423 --> 00:29:21,302 the question of whether or not your expertise is copyrightable. 508 00:29:21,499 --> 00:29:24,542 So you can download that from think beyond ip.com. 509 00:29:24,858 --> 00:29:29,428 And also I do have, ways for you to, get legal advice if you need it. 510 00:29:29,433 --> 00:29:32,101 If you feel like d i y is not your thing and you'd like 511 00:29:32,101 --> 00:29:33,271 some legal advice around this. 512 00:29:33,271 --> 00:29:37,695 You do have ways to reach me there as well, and get your questions answered. 513 00:29:37,785 --> 00:29:42,739 I thank you so much for your time and then also always I should have on 514 00:29:42,799 --> 00:29:47,152 here on here at erin@thinkbeyondip.com with any of your questions. 515 00:29:47,242 --> 00:29:48,112 Thanks so much.