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Well, you know, I like to
say that IP is everywhere.

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Well, the corollary to that
is that IP trouble can be

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everywhere if you aren't careful.

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So this issue came to mind during a Q
and a session that I had last week with

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a great organization that I recommend
the Institute for Management Consultants.

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And we had a wonderful
conversation and as.

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Often happens, all manner of IP related
stories come up and one came up regarding

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a parent who wanted to record a school
play and post it on the internet.

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Now, generally I try to avoid, comment
about IP issues that aren't in my niche.

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There are many, and I
don't like to dabble.

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And so I like to stay in my lane of
helping experts turn their expertise

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into intellectual property assets.

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But I thought in this case I could
reach back into my old life as

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a film lawyer and give it a go.

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So those of you who may not know, I used
to be at Warner Brothers and what is now

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Lionsgate and I used to do clearances
for the content that went into films.

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And I also thought I would throw
my marketing consultant a bone

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because she's been encouraging me
to cover more pop culture topics.

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And I am not a pop culture girl, but I
figured, you know, this is the closest

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I can get, especially since I do have
a recent example to fall back on.

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Since this weekend, I went to see the high
school play of one of my son's friends.

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Who was in Grease and so let's use
Grease as an example to talk through

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the IP issues that come up when we
are, recording high school plays

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and putting them on the internet.

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So here is the trouble you can get
in the context of IP is everywhere,

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including all over high school plays.

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So there are the copyright issues involved
with the script, as you do the script.

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know plays are eligible for copyright
protection and almost all plays

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are still going to be eligible.

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I should say, Shakespeare, not eligible
for copyright protection anymore that

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is now in the public domain, but any
plays that are contemporary that have

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been written in the last, let's just use
95 years as a easy thing to remember.

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Assume that it is.

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Still protected by copyright
and that you need permissions.

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So the playwright or whoever
the playwright may have sold or,

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bequeathed their rights to, would
still own those exclusive rights

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they have under copyright to perform
it, to record it, to distribute it.

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And so you would not have permission
to record it and distribute it

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without having a license from the
copyright owner of the script.

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In addition, there are script adaptations
generally for high school plays, so, being

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able to create a derivative is also one of
the exclusive rights of copyright owners.

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And so the derivative work would be
eligible for copyright protection,

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assuming The derivative has
permission from the original owner.

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The derivative, work would also have
copyright protection and most, if not

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all, school plays have been adapted
in some ways, because there are minors

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involved sometimes for time, this
particular performance of Greece, As

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someone who has watched it many times,
both the movie and the original Broadway

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play, was disappointed to hear that
the audience does not know that Sandy

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won't go to bed until she's legally wed.

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and neither did they ever find
out about Rizzo's bun in the oven.

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So it was a pretty sanitized version
for a high school play, frankly.

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in any case, we still
enjoyed it very much.

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So that's Derivative screen adaptation
also has copyright protection and

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so while the schools may have some
sort of license to put it online.

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that certainly would not translate to you.

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Although I think that even the schools
probably don't have the right to put

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those online, but I don't get into that.

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So that's just my assumption there.

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So what are some of the
music clearance issues?

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So I don't come across music clearance
issues very much at all in working

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with experts with corporate clients.

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but they can come up.

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Music clearance issues are a little
more complicated than the script

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because you have the song itself.

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So the song the lyrics,
then you have a recording.

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If someone has recorded it, the master,
and then the ability to exploit that

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in connection with a movie or a play.

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So that's.

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synchronization rights.

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So there's several levels of rights
involved with music, which is honestly

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why I don't touch them even in film.

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there are whole departments that deal
with music clearances, and films,

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but of course, at the end of the day,
music is protected by copyright and so,

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we've probably heard about compulsory
licenses where, I can create a cover

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of, my favorite song and I can record
it and I can distribute it and I do

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have to pay compulsory license fees,
but I don't have to get permission

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from the artist to record my own cover.

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I do need permission to use
their recording, but I don't

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need it to use my recording.

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But that does not apply for when we
are incorporating or synchronizing

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a song with a film or place.

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That's a whole nother level
of permissions that you need.

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And so we do need to, again,
get permission if we're

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going to put on distribute a
recording of music with a video.

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So, um, All right, so what
about the personal appearances?

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So we need to obtain the consent to
distribute somebody else's image.

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So we have, as each of us has a right of
publicity and so that we have the right

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to control the uses of the person's image.

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Of our name, our image and
our likeness, our voice.

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And so we need to have permission to
record someone and put them on YouTube.

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So do you have permission to record those
performers, not just the performers, but.

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Anyone who's in the audience who
may get caught in there as well.

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So the people in the
audience have privacy rights.

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Maybe nobody knows that they went out,
to go see Greece that night and they

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don't want their attendance recorded.

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So we need to make sure we
have permission from every.

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Person who appears in that recording as
well, distribution rights, you know, if

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you're going to put it on YouTube, you
know, YouTube's terms of use will say

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like you promise not to upload anything
that you don't have the rights to.

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And so if you do upload something
that you don't have the rights

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to not only do you have.

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Copyright infringement issues, both with
the playwright and the music involved.

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And you have, right of publicity and
privacy, right issues, but you also have

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contract breach issues with the platform.

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If you're uploading of that,
recording is not in compliance with

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the terms of use of the platform.

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and then artwork, The sets typically are
created by the crew in the case of this

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high school play, they brought up some
parents who helped create those sets.

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And so where did the sets come from?

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Is it original?

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Or did they copy it from
something they found online?

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Because they weren't worried about
copyright infringement or go up on their

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stage for four days, or is it something
that they got from the original play?

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You know, I don't know.

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but I can tell you that it's not
in the public domain and that you

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don't have the right to, make copies
and distribute those set designs.

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And that doesn't even get into just
specifically to the school play all

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the school policy and statutes that
involve protection of children.

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So that would be another issue.

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So, you know, I didn't create this
to, like, scare you, and make you too

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terrified to record little Johnny's,
debut performance and put it on Facebook.

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we've all.

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Done it.

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but really just to illustrate the point
that IP is everywhere and that we really

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do need to be mindful of where are getting
content and how we are using it and to

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make sure that we have permissions for it.

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So to bring it back to our use
in our business, maybe we saw

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Something on YouTube, that we
think would be interesting and

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want to share with our audiences.

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Maybe we, consumed a module of a
course, and we think it would be great.

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We talk about, using other people's
content and when it is recorded

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content, then we have all these that.

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I mean, video content.

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We have all these additional issues to
think about making sure, if it as at a Ted

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talk, for instance, making sure we have
the consent, whoever owns that recording,

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making sure we have consent of all the
people who appear in that courting.

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If there's, some music
introducing the speaker.

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Or that's, part of the intro or the
outro having rights to use that music.

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for uploading it to some sort
of platform that we aren't,

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breaching those terms of use.

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So, hopefully I didn't scare you to
death, but I do want to make sure

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that you are aware that we do have
to have permission to use content.

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That we don't own, we have
to get permissions for that.

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So, hope you enjoyed this.

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let me know if you have any questions.

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You can always find me on
LinkedIn or at think beyond IP

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and don't forget IP is fuel.