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Erin Austin: Hello, ladies.

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Welcome to this week's

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episode of hourly to exit.

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Now we talk a lot about

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protecting our expertise

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through copyrights and

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contracts, owning and

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controlling the fruits

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of our expertise, aka

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intellectual property.

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Is the key to creating a

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scalable and salable business.

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Similarly, it is our

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duty to respect the

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rights  third parties

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have in their materials.

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The thought leaders that

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we follow, the coaches

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that we learn from, the

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property of our prior

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employers and of our clients.

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These are all examples of

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intellectual property that we

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come across and that we may

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refer to in our own materials.

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We may.

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Use in providing services

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to our clients, but

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whether through negligence

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or ignorance, if we use

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other parties copyrighted

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material without permission,

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we may be guilty of

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copyright infringement.

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At best.

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It is embarrassing.

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We need to apologize.

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We may need to clean up

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a mess that we've made.

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Maybe we've delivered

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something to a client that

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we didn't have rights to.

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At worst, though, we

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can get into a fair

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amount of trouble under

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intellectual property laws.

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So this is the first of

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a three part series about

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copyright infringement.

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In this part one, I'll talk

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about what happens when

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a copyright is infringed.

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In part two, I talk

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about how to avoid being

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a copyright infringer.

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And finally, in part three,

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we talk about ways to

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prevent your copyrights

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from being infringed.

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So first, what Constitutes

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copyright infringement.

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Copyright infringement

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occurs when a party violates

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any of the copyright

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owner's exclusive rights.

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As you recall, copyright

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provides a bucket exclusive

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rights to the copyright So

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when you are the creator of

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an original work, you have

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an exclusive set of Rights

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that allows you to control

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your creations, how they're

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used and the exclusive right

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to earn compensation from

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them, the exclusive right

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to benefit from their use.

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So, briefly, those buckets

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of rights include the

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right of reproduction.

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That's the right to make

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copies of the protected

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work in any form, not just

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imprinted copies or books,

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but also digital downloads.

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Just making a copy and,

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pasting it somewhere

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else in the internet.

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That is exclusive right of

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the copyright owner, the

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right of adaptation also

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called derivative rights.

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So that's the right to

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modify the work so you can

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create a new work from it.

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That new work is a derivative

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of the original one, and

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that is still owned by the

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original copyright owner.

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And so an example of

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that would be turning a

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book into a screenplay.

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and even turning a screenplay

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into a movie is actually

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another, derivative, right?

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The right of distribution.

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So that's the right to

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distribute the copies publicly

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for sale or for license.

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And so that is, actually

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separate from the

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right of reproduction.

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the right of reproduction

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applies whether or

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not that's for sale.

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so the right of

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distribution, generally.

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It refers to the sale or

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licensing of the material, the

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right of public performance.

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So that would be the right to

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publicly perform to, read your

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novel out loud to, dance your

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dance in public, to perform

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the play that you wrote.

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so any performance based

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works, you have an exclusive

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right to public performance.

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The right to public display.

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This typically refers to

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art, the right to publicly

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display your art is, that of

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the copyright owners, think

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about, the artwork you may

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have in your home that is

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original art and you own that.

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Piece of artwork, but you

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don't actually have the

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right to publicly display it.

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the copyright owner has

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the right to do that and

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similar to derivative rights,

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the right of translation.

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So to translate your work

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into other language, or

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to authorize a 3rd party

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to do any of the things

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that we talked about.

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also the exclusive right

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of the copyright owner.

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So.

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when there's a valid copyright

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involved and there has not

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been authorization from

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the copyright owner, an

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infringement when, both of

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these following are present.

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First, the infringer has

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actually copied, you have

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to actually have copied

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the copyright owner's work.

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sometimes, someone will

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accuse someone of copying

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their work, but guess what?

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There's no way they could

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have had access to it.

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it's been under lock

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and key in my drawer.

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I mean, it's kind of

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nutty, but people actually

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do say, Oh, my God, this

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is exactly what I wrote.

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But no one's ever seen their

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manuscript it's never been

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published Maybe they sent

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it to agent at some point,

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but that they never did

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anything with it because

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it, they didn't want it.

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And somebody else write

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something and it seems

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an awful lot like it's

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been copied, but did

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they actually copy it?

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Did they actually have

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access to That original

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work that they're

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claiming was infringed.

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So there has to be actual

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copying and then they have

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to have copied enough of it

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to give rise to liability.

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So, taking a little

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snippet here and there,

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Does not generally

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give rise to liability.

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Now, if it's an haiku,

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and you took a line out

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of haiku, then, that could

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give rise to liability.

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But, taking a sentence out

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of an entire manuscript

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probably would not.

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So, as you can tell,

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this is not a cut and dry

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analysis, the particulars

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of the activity Will

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determine whether or not

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there has been infringement.

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So, let's take the

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traditional case of,

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let's just say there's a

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single work and, they did

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not copy it literally.

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or it's in its entirety.

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So, when you have that

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circumstance, you're

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going to have to have

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a fact finder, which.

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Is a court of law to

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figure out whether or not,

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there was a copying that

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gives rise to liability.

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in that circumstance where

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they haven't literally just

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lifted the whole thing and

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copied it and put their name

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on it, which people do, but

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generally, subtler than that.

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They have been so heavily

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influenced by it that It

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is considered substantially

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similar and that in that case,

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generally, we would need a

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court of law to determine

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that and whether or not

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there'd be liability there.

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So, what we need to remember

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is that the fact that we own.

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A copy of that copyrighted

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work does not grant to us

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any of the exclusive rights

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that the copyright owner has.

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So, again, they have

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the right to reproduce

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it and to distribute,

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perform it, display it,

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adapt it just because I

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have a copy of a book.

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I don't have any of those

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rights of the copyright

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owner just because I have.

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A piece of artwork.

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I do not have any of those

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rights of the copyright owner.

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So some examples of

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copyright infringement

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that unfortunately happen

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to frequently piracy,

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that's downloading

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or distributing of.

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Copyrighted songs or

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movies or TV shows

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without authorization.

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And that would include, even

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if all you're doing is taking

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them and uploading them

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to YouTube, even if you're

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not personally, getting any

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money from it, you don't have

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the right to, make copies.

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And distribute somebody else's

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copyrighted works, right?

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reproducing artwork.

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So making copies of

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paintings or photographs or

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graphics without permission

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Selling them or displaying

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them So a lot of times

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this happens where people

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will find an image on the

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internet And they put it

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on their website without

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permission if you don't have

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permission to use What would?

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Fall into a category of

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copyrighted works, then

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you should assume that

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somebody owns them and

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you need to get permission

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for, reprinting of eBooks,

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especially because it's so

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easy to do, to just download

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something and, offer it.

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Even if you're offering it

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for free, if it's not yours,

297
00:08:35,156 --> 00:08:36,811
that would be an infringement.

298
00:08:37,364 --> 00:08:38,734
sampling, I mean, we've

299
00:08:38,734 --> 00:08:40,604
all heard about, famous,

300
00:08:40,931 --> 00:08:42,891
Litigation regarding someone

301
00:08:43,031 --> 00:08:45,107
sampling someone's music,

302
00:08:45,187 --> 00:08:46,347
and without getting clearance

303
00:08:46,347 --> 00:08:47,317
from virtual creators.

304
00:08:47,317 --> 00:08:48,187
We know that can be a

305
00:08:48,207 --> 00:08:50,127
huge, huge liability,

306
00:08:50,457 --> 00:08:52,687
unauthorized adaptations.

307
00:08:53,091 --> 00:08:54,944
This one happens in

308
00:08:54,944 --> 00:08:56,014
the business world.

309
00:08:56,024 --> 00:08:57,144
know, I do get questions

310
00:08:57,144 --> 00:08:58,109
about, hey, there's this.

311
00:08:58,109 --> 00:08:59,679
Book and I want to create

312
00:08:59,749 --> 00:09:02,049
a workbook based on this

313
00:09:02,049 --> 00:09:03,629
book, or I want to create

314
00:09:03,669 --> 00:09:05,629
a course around this book.

315
00:09:05,929 --> 00:09:07,129
and so those would be

316
00:09:07,129 --> 00:09:09,036
considered unauthorized

317
00:09:09,126 --> 00:09:10,496
adaptations if you don't

318
00:09:10,506 --> 00:09:12,086
have permission from the

319
00:09:12,096 --> 00:09:13,746
copyright owner of that.

320
00:09:13,882 --> 00:09:15,592
Work and then website

321
00:09:15,592 --> 00:09:17,362
content, you again, people

322
00:09:17,392 --> 00:09:18,532
tend to think that things

323
00:09:18,562 --> 00:09:19,562
on the Internet are just

324
00:09:19,562 --> 00:09:21,456
free and they are not.

325
00:09:21,656 --> 00:09:22,936
So, lifting somebody

326
00:09:22,936 --> 00:09:24,629
else's website content.

327
00:09:24,629 --> 00:09:26,319
I think crazy when I hear

328
00:09:26,319 --> 00:09:28,239
that entire websites have just

329
00:09:28,239 --> 00:09:29,619
been lifted and they give it

330
00:09:29,619 --> 00:09:31,629
a new URL and they go to town

331
00:09:31,629 --> 00:09:33,439
with someone's entire website.

332
00:09:33,746 --> 00:09:35,046
and so obviously that would

333
00:09:35,046 --> 00:09:36,296
be a copyright infringement.

334
00:09:36,756 --> 00:09:38,522
So remedies, remedies

335
00:09:38,532 --> 00:09:40,032
that are available against

336
00:09:40,062 --> 00:09:40,932
a copyright infringer.

337
00:09:42,072 --> 00:09:43,736
So the primary remedy

338
00:09:43,892 --> 00:09:45,592
are monetary damages,

339
00:09:45,792 --> 00:09:47,022
money damages.

340
00:09:47,389 --> 00:09:49,639
So the aim of monetary damages

341
00:09:49,659 --> 00:09:51,344
is to Compensate the copyright

342
00:09:51,374 --> 00:09:53,164
owner for the losses that they

343
00:09:53,164 --> 00:09:55,101
incur due to the infringement.

344
00:09:55,541 --> 00:09:56,901
So there's one, the loss

345
00:09:57,041 --> 00:09:58,061
that the copyright owner

346
00:09:58,071 --> 00:10:00,337
has, but also they want

347
00:10:00,347 --> 00:10:03,371
to the profits that the

348
00:10:04,301 --> 00:10:05,371
infringer may have realized.

349
00:10:05,371 --> 00:10:06,589
Like you don't get to get.

350
00:10:06,676 --> 00:10:09,129
Profits from my materials

351
00:10:09,399 --> 00:10:11,529
and so the monetary damages

352
00:10:11,559 --> 00:10:14,689
could be the actual damages

353
00:10:15,019 --> 00:10:17,079
that the copyright holder

354
00:10:17,089 --> 00:10:19,019
suffered as a direct

355
00:10:19,059 --> 00:10:20,619
result of the infringement.

356
00:10:20,886 --> 00:10:22,512
So that might be the lost

357
00:10:22,512 --> 00:10:25,096
sales or lost licensing fees.

358
00:10:25,512 --> 00:10:28,112
let's say you, generally,

359
00:10:28,112 --> 00:10:30,906
I'm sell, a hundred books per

360
00:10:30,916 --> 00:10:32,772
month and somebody else has

361
00:10:32,782 --> 00:10:34,982
stolen it and now suddenly

362
00:10:34,982 --> 00:10:36,332
you're not making any sales,

363
00:10:36,352 --> 00:10:37,872
those would be actual damages

364
00:10:37,882 --> 00:10:39,402
that loss of the sales

365
00:10:39,402 --> 00:10:40,762
that you would typically

366
00:10:40,772 --> 00:10:42,416
have made had they not.

367
00:10:42,581 --> 00:10:44,461
Infringed your copyright.

368
00:10:45,014 --> 00:10:45,954
similarly, the

369
00:10:45,954 --> 00:10:47,184
profits attributable

370
00:10:47,294 --> 00:10:48,524
to the infringement.

371
00:10:48,894 --> 00:10:51,537
So let's say, they stole

372
00:10:51,547 --> 00:10:52,807
your book, but somehow

373
00:10:52,807 --> 00:10:53,997
they were able to sell even

374
00:10:53,997 --> 00:10:55,147
selling it for 50 bucks.

375
00:10:55,147 --> 00:10:55,437
Each.

376
00:10:55,676 --> 00:10:56,487
They're able to sell

377
00:10:56,487 --> 00:10:57,267
it for 100 bucks.

378
00:10:57,327 --> 00:10:57,697
Each.

379
00:10:57,836 --> 00:10:59,267
Well, you get the profits

380
00:10:59,267 --> 00:11:00,676
from their 100 dollar,

381
00:11:00,756 --> 00:11:02,559
per uh, sale profits.

382
00:11:02,876 --> 00:11:03,746
and that's just to make

383
00:11:03,746 --> 00:11:04,096
sure that the infringer

384
00:11:04,736 --> 00:11:06,346
does not benefit financially

385
00:11:06,536 --> 00:11:07,956
from their activities.

386
00:11:08,414 --> 00:11:09,182
Under the U.

387
00:11:09,182 --> 00:11:09,552
S.

388
00:11:09,572 --> 00:11:10,352
laws, there are

389
00:11:10,352 --> 00:11:11,932
statutory damages.

390
00:11:12,222 --> 00:11:14,142
So statutory damages are

391
00:11:14,212 --> 00:11:16,672
preset amounts that are set

392
00:11:16,672 --> 00:11:19,036
forth under the law that the

393
00:11:19,046 --> 00:11:20,586
copyright holder can opt to

394
00:11:20,586 --> 00:11:22,576
receive instead of proving

395
00:11:22,766 --> 00:11:24,256
actual damages or profits.

396
00:11:24,891 --> 00:11:26,271
So let's say you just

397
00:11:26,271 --> 00:11:27,511
have stuff that's for

398
00:11:27,511 --> 00:11:29,061
free on your website.

399
00:11:29,391 --> 00:11:30,801
you have free eBooks

400
00:11:30,841 --> 00:11:31,681
that you give away

401
00:11:31,691 --> 00:11:33,191
that are lead magnets.

402
00:11:33,651 --> 00:11:35,347
and so you can't tie

403
00:11:35,357 --> 00:11:37,717
directly any actual

404
00:11:37,727 --> 00:11:39,007
financial loss to it.

405
00:11:39,007 --> 00:11:39,677
You can't say, okay,

406
00:11:39,707 --> 00:11:40,977
this is the dollar amount

407
00:11:41,244 --> 00:11:42,204
and the other person

408
00:11:42,214 --> 00:11:43,344
didn't sell it either.

409
00:11:43,344 --> 00:11:44,124
They just took it

410
00:11:44,134 --> 00:11:45,584
and used it as free.

411
00:11:45,719 --> 00:11:46,829
Magnet themselves.

412
00:11:47,216 --> 00:11:48,646
so there's not profits

413
00:11:48,709 --> 00:11:49,939
directly attributable

414
00:11:49,979 --> 00:11:51,059
to that infringement,

415
00:11:51,292 --> 00:11:52,592
but you have statutory

416
00:11:52,592 --> 00:11:53,902
damages that you can get.

417
00:11:53,912 --> 00:11:55,339
So you can just go and say,

418
00:11:55,339 --> 00:11:58,322
Hey, they copy my white paper.

419
00:11:58,599 --> 00:12:00,349
They, distributed

420
00:12:00,566 --> 00:12:01,576
hundred of them.

421
00:12:01,859 --> 00:12:04,566
and so I, by statute get.

422
00:12:04,749 --> 00:12:05,699
can range from a couple

423
00:12:05,699 --> 00:12:07,099
hundred dollars per work to,

424
00:12:07,109 --> 00:12:08,409
tens of thousands, depending

425
00:12:08,409 --> 00:12:10,299
on the circumstances of

426
00:12:10,299 --> 00:12:11,629
that infringement, but you

427
00:12:11,629 --> 00:12:13,166
don't have to prove, lost

428
00:12:13,176 --> 00:12:15,046
sales or prove profits on

429
00:12:15,046 --> 00:12:16,146
the part of the infringer.

430
00:12:16,512 --> 00:12:17,436
So that's very

431
00:12:17,456 --> 00:12:18,516
valuable as well.

432
00:12:18,782 --> 00:12:20,692
And, of course, all these

433
00:12:20,712 --> 00:12:22,362
things require registration

434
00:12:22,362 --> 00:12:23,032
the copyright we're not

435
00:12:23,032 --> 00:12:23,702
talking about copyright

436
00:12:23,702 --> 00:12:24,542
registration here.

437
00:12:24,776 --> 00:12:26,899
But all these remedies require

438
00:12:26,909 --> 00:12:28,312
that your copyright work was

439
00:12:28,362 --> 00:12:30,146
registered in some cases,

440
00:12:30,276 --> 00:12:32,386
you can get attorneys fees.

441
00:12:32,426 --> 00:12:34,446
I mean, suing people requires

442
00:12:34,646 --> 00:12:36,412
lawyers and lawyers cost

443
00:12:36,412 --> 00:12:38,686
money litigation is expensive.

444
00:12:38,989 --> 00:12:40,486
And so to be able to get.

445
00:12:40,721 --> 00:12:42,491
your attorney's fees and cost

446
00:12:42,491 --> 00:12:46,004
of  infringer having to pay

447
00:12:46,054 --> 00:12:47,384
for them, are those that's

448
00:12:47,444 --> 00:12:48,834
among the remedies for the

449
00:12:48,834 --> 00:12:50,539
infringement and maybe some

450
00:12:50,539 --> 00:12:52,595
additional damages for really

451
00:12:52,595 --> 00:12:54,779
egregious behavior, someone's

452
00:12:54,779 --> 00:12:56,379
just just a habitual.

453
00:12:56,554 --> 00:12:58,284
Infringer, they may have

454
00:12:58,354 --> 00:12:59,734
putative damages that

455
00:12:59,734 --> 00:13:01,134
can be multiples of what

456
00:13:01,134 --> 00:13:02,644
the actual damages are.

457
00:13:02,980 --> 00:13:07,177
if you are selling licensing,

458
00:13:07,237 --> 00:13:09,684
revenue generating, works,

459
00:13:09,854 --> 00:13:11,274
you know, I always recommend

460
00:13:11,274 --> 00:13:12,924
that any revenue generating

461
00:13:12,924 --> 00:13:15,207
work should be registered and

462
00:13:15,207 --> 00:13:16,567
then keeping records of those.

463
00:13:16,567 --> 00:13:17,657
I imagine you would be if

464
00:13:17,657 --> 00:13:18,747
the revenue generating,

465
00:13:18,994 --> 00:13:20,444
but those records would

466
00:13:20,454 --> 00:13:23,177
be the basis of for your

467
00:13:23,177 --> 00:13:25,587
monetary damages claims in

468
00:13:25,587 --> 00:13:27,017
the event of infringement.

469
00:13:27,432 --> 00:13:28,432
And then in addition to

470
00:13:28,432 --> 00:13:29,872
money damages or monetary

471
00:13:29,872 --> 00:13:32,472
damages, there are things

472
00:13:32,492 --> 00:13:34,102
like injunctive relief.

473
00:13:34,132 --> 00:13:36,122
So an injunction stops

474
00:13:36,152 --> 00:13:37,122
someone from doing the

475
00:13:37,122 --> 00:13:38,362
infringing activity.

476
00:13:38,422 --> 00:13:39,966
So, you would get an

477
00:13:39,966 --> 00:13:40,876
injunction to say, you

478
00:13:40,926 --> 00:13:43,462
Take the white paper off

479
00:13:43,522 --> 00:13:46,142
of your website, or if

480
00:13:46,142 --> 00:13:47,952
someone infringed your,

481
00:13:48,069 --> 00:13:49,659
right of adaptation, they

482
00:13:49,669 --> 00:13:51,089
used your book as the

483
00:13:51,089 --> 00:13:53,302
basis of a course, you can.

484
00:13:53,542 --> 00:13:54,959
Cause them to take down

485
00:13:54,959 --> 00:13:55,949
the course and stop

486
00:13:55,949 --> 00:13:57,029
distributing the course.

487
00:13:57,412 --> 00:13:59,249
and speaking of takedowns,

488
00:13:59,249 --> 00:14:00,599
there's a thing called the

489
00:14:00,609 --> 00:14:02,419
digital millennium copyright

490
00:14:02,459 --> 00:14:05,252
act with takedown notices.

491
00:14:05,545 --> 00:14:07,036
And so let's say you

492
00:14:07,036 --> 00:14:08,456
are surfing the internet

493
00:14:08,476 --> 00:14:09,916
and you see something

494
00:14:09,916 --> 00:14:11,196
of yours on somebody's

495
00:14:11,206 --> 00:14:12,525
website, know, there is

496
00:14:12,526 --> 00:14:13,826
a process for you just to

497
00:14:13,876 --> 00:14:15,636
send a takedown notice.

498
00:14:15,636 --> 00:14:16,066
You don't have to get

499
00:14:16,066 --> 00:14:16,856
a lawyer for this.

500
00:14:17,155 --> 00:14:18,646
And you send to that

501
00:14:18,676 --> 00:14:20,242
internet, to the website.

502
00:14:20,361 --> 00:14:20,821
owner.

503
00:14:21,085 --> 00:14:23,491
Hey, somebody posted my

504
00:14:23,491 --> 00:14:25,421
materials on your website.

505
00:14:25,421 --> 00:14:26,691
You send a takedown notice.

506
00:14:26,751 --> 00:14:27,711
You, you tell them,

507
00:14:27,711 --> 00:14:28,211
you know, this is

508
00:14:28,211 --> 00:14:29,281
mine, blah, blah, blah.

509
00:14:29,511 --> 00:14:30,427
And then they are required

510
00:14:30,427 --> 00:14:31,307
to take that down.

511
00:14:31,634 --> 00:14:32,547
and then, you if it's

512
00:14:32,607 --> 00:14:34,067
something that is a physical

513
00:14:34,077 --> 00:14:36,347
copy, like physical books

514
00:14:36,641 --> 00:14:37,954
that are infringing.

515
00:14:38,239 --> 00:14:39,629
they're be impounded or

516
00:14:39,629 --> 00:14:41,439
require the destruction

517
00:14:41,589 --> 00:14:42,939
of those articles.

518
00:14:43,286 --> 00:14:43,976
if it's something that's

519
00:14:43,976 --> 00:14:45,366
coming from overseas,

520
00:14:45,366 --> 00:14:46,446
they can capture them at

521
00:14:46,446 --> 00:14:47,802
the border, generally not

522
00:14:47,802 --> 00:14:49,412
applicable to what we do.

523
00:14:49,732 --> 00:14:51,182
but still important,

524
00:14:51,462 --> 00:14:52,922
remedies in the event

525
00:14:52,992 --> 00:14:54,442
that those things happen.

526
00:14:54,752 --> 00:14:56,146
So what we just talked

527
00:14:56,146 --> 00:14:57,916
about were all civil

528
00:14:57,956 --> 00:15:00,056
penalties in the event of

529
00:15:00,076 --> 00:15:01,206
a copyright infringement.

530
00:15:01,528 --> 00:15:02,201
So, the question

531
00:15:02,201 --> 00:15:03,081
is, are there also.

532
00:15:03,451 --> 00:15:05,101
Criminal copyright

533
00:15:05,264 --> 00:15:07,531
provisions, and yes, there

534
00:15:07,581 --> 00:15:09,441
are the Copyright Act does

535
00:15:09,441 --> 00:15:10,811
have criminal provisions.

536
00:15:11,317 --> 00:15:12,627
copyright infringement

537
00:15:12,857 --> 00:15:15,187
can be a crime.

538
00:15:15,587 --> 00:15:16,797
So it is a criminal

539
00:15:16,827 --> 00:15:18,857
offense when we willfully

540
00:15:18,867 --> 00:15:20,327
infringe a copyright.

541
00:15:20,711 --> 00:15:21,711
So if it's willfully

542
00:15:21,711 --> 00:15:23,201
committed, and it's for,

543
00:15:23,281 --> 00:15:25,101
financial gain for commercial

544
00:15:25,101 --> 00:15:27,944
advantage, that Can be

545
00:15:28,124 --> 00:15:29,951
criminal, especially when

546
00:15:29,951 --> 00:15:32,491
the value of that commercial

547
00:15:32,491 --> 00:15:35,091
game goes up, the steeper the

548
00:15:35,105 --> 00:15:38,035
criminal penalties are, and

549
00:15:38,035 --> 00:15:39,855
so you can, in addition to

550
00:15:39,855 --> 00:15:41,638
Being sued civilly, you can

551
00:15:41,658 --> 00:15:44,018
also be prosecuted criminally

552
00:15:44,038 --> 00:15:45,888
for the same infringing act.

553
00:15:47,522 --> 00:15:49,398
in terms of elevating

554
00:15:49,398 --> 00:15:50,748
something from kind

555
00:15:50,748 --> 00:15:52,298
of civil liability to

556
00:15:52,298 --> 00:15:53,588
criminal liability.

557
00:15:54,205 --> 00:15:54,526
courts have found

558
00:15:54,526 --> 00:15:57,331
willfulness when a defendant

559
00:15:57,341 --> 00:15:58,911
was given legal notice.

560
00:15:59,308 --> 00:16:00,298
That his conduct was

561
00:16:00,298 --> 00:16:01,758
infringing or when he

562
00:16:01,768 --> 00:16:03,158
had noticed that it was

563
00:16:03,228 --> 00:16:05,155
illegal, and that they

564
00:16:05,155 --> 00:16:07,565
continue to do it anyway.

565
00:16:07,815 --> 00:16:09,565
So for example, you

566
00:16:09,645 --> 00:16:10,495
repeatedly take your

567
00:16:10,495 --> 00:16:12,325
camera phone into advanced

568
00:16:12,325 --> 00:16:14,085
screenings of movies and

569
00:16:14,085 --> 00:16:15,955
record it and put it online.

570
00:16:16,215 --> 00:16:17,021
And then, you you're

571
00:16:17,021 --> 00:16:17,831
known for that.

572
00:16:17,831 --> 00:16:18,961
You've been getting cease

573
00:16:18,961 --> 00:16:20,351
and desist orders from

574
00:16:20,508 --> 00:16:21,588
near the movie studios.

575
00:16:21,588 --> 00:16:22,608
You keep doing it.

576
00:16:22,905 --> 00:16:24,375
The court will likely see

577
00:16:24,375 --> 00:16:25,915
your actions as being willful.

578
00:16:26,099 --> 00:16:27,265
You're intentionally.

579
00:16:27,540 --> 00:16:28,750
there's no negligence.

580
00:16:28,790 --> 00:16:30,583
There's no even ignorance,

581
00:16:30,810 --> 00:16:31,910
you know, exactly

582
00:16:31,910 --> 00:16:32,920
what you're doing.

583
00:16:33,263 --> 00:16:35,473
you can be criminally

584
00:16:35,573 --> 00:16:36,383
charged for that.

585
00:16:36,820 --> 00:16:38,426
other things that may, be

586
00:16:38,426 --> 00:16:40,266
considered criminal offenses.

587
00:16:40,532 --> 00:16:42,076
If you put like a fraudulent

588
00:16:42,076 --> 00:16:43,586
copyright notice on something,

589
00:16:43,616 --> 00:16:45,636
so, you know, something is

590
00:16:45,636 --> 00:16:47,276
not yours, but you claim

591
00:16:47,276 --> 00:16:48,266
it and you put a copyright

592
00:16:48,266 --> 00:16:49,276
notice on it and claim

593
00:16:49,276 --> 00:16:51,326
it, that can be, fraud.

594
00:16:51,726 --> 00:16:54,076
Removing a copyright notice

595
00:16:54,096 --> 00:16:55,976
on something for fraudulent

596
00:16:55,986 --> 00:16:57,236
intent, like for some

597
00:16:57,236 --> 00:16:59,246
reason, something has a

598
00:16:59,246 --> 00:17:00,776
copyright notice on it.

599
00:17:01,056 --> 00:17:02,026
Maybe you're trying to

600
00:17:02,336 --> 00:17:03,826
sell it as your own.

601
00:17:04,106 --> 00:17:05,646
And so you take off the other

602
00:17:05,646 --> 00:17:08,060
person's copyright notice, in

603
00:17:08,060 --> 00:17:09,890
order pass it off as your own.

604
00:17:10,050 --> 00:17:11,540
That can be, Criminal

605
00:17:11,540 --> 00:17:14,183
offense, making a false

606
00:17:14,203 --> 00:17:16,433
representation of a material

607
00:17:16,443 --> 00:17:18,926
fact on the application

608
00:17:18,926 --> 00:17:20,416
for copyright registration.

609
00:17:20,680 --> 00:17:21,920
When you file a copyright

610
00:17:21,920 --> 00:17:23,180
registration, you are

611
00:17:23,230 --> 00:17:25,456
asked to represent that.

612
00:17:25,456 --> 00:17:26,856
It is original that you

613
00:17:26,856 --> 00:17:28,136
are the proper owner.

614
00:17:28,466 --> 00:17:30,783
this will be, significant

615
00:17:30,833 --> 00:17:32,213
in the face of, AI

616
00:17:32,213 --> 00:17:33,303
generated materials.

617
00:17:33,303 --> 00:17:35,233
You need to state honestly,

618
00:17:35,423 --> 00:17:37,713
What the origin of the

619
00:17:37,833 --> 00:17:39,103
material that you're applying

620
00:17:39,103 --> 00:17:40,523
for copyright registration for

621
00:17:40,726 --> 00:17:41,946
and say, if you're knowingly

622
00:17:41,946 --> 00:17:43,196
making false statements

623
00:17:43,196 --> 00:17:44,166
on that application,

624
00:17:44,383 --> 00:17:45,196
you could be criminally

625
00:17:45,196 --> 00:17:46,156
prosecuted for that.

626
00:17:46,546 --> 00:17:48,246
and then willfully,

627
00:17:48,266 --> 00:17:49,246
and for the purposes of

628
00:17:49,246 --> 00:17:50,276
commercial advantage or

629
00:17:50,276 --> 00:17:52,096
private gain, I mean, is

630
00:17:52,096 --> 00:17:54,323
circumventing technological,

631
00:17:54,359 --> 00:17:55,889
protection measures, which

632
00:17:55,889 --> 00:17:56,919
is something that we'll

633
00:17:57,129 --> 00:17:58,279
actually talk about in the.

634
00:17:58,574 --> 00:17:59,594
Third one where we talk

635
00:17:59,604 --> 00:18:01,916
about ways to, avoid, having

636
00:18:01,916 --> 00:18:02,916
your copyright infringed.

637
00:18:03,121 --> 00:18:04,776
But example of that would

638
00:18:04,786 --> 00:18:06,176
be like watermarking.

639
00:18:06,186 --> 00:18:07,716
Like sometimes you will see,

640
00:18:07,916 --> 00:18:09,206
images on the internet that

641
00:18:09,216 --> 00:18:10,326
has a watermark behind it.

642
00:18:10,356 --> 00:18:11,526
You can't just use it.

643
00:18:11,726 --> 00:18:12,826
so there are things that you

644
00:18:12,826 --> 00:18:14,266
can put on something so you

645
00:18:14,266 --> 00:18:16,337
can detect, the origin of

646
00:18:16,347 --> 00:18:17,327
material, if someone were to

647
00:18:17,327 --> 00:18:18,997
steal it and distribute it.

648
00:18:19,327 --> 00:18:20,937
circumventing can be

649
00:18:20,967 --> 00:18:21,997
considered willful.

650
00:18:22,275 --> 00:18:23,569
and therefore, a

651
00:18:23,569 --> 00:18:24,502
criminal, offense.

652
00:18:25,091 --> 00:18:27,172
the penalties for criminal

653
00:18:27,182 --> 00:18:29,029
copyright infringement include

654
00:18:29,049 --> 00:18:31,599
prison time and large fines.

655
00:18:31,865 --> 00:18:34,019
So a first time offender

656
00:18:34,029 --> 00:18:35,379
who's convicted of making

657
00:18:35,439 --> 00:18:36,999
unauthorized reproductions

658
00:18:37,279 --> 00:18:39,379
or distributing at least 10

659
00:18:39,419 --> 00:18:42,359
copies of a work during 180

660
00:18:42,359 --> 00:18:44,392
day period with a retail

661
00:18:44,402 --> 00:18:47,332
value of 2500 or more.

662
00:18:47,562 --> 00:18:49,342
Can be in prison for up

663
00:18:49,342 --> 00:18:52,015
to five years and find

664
00:18:52,065 --> 00:18:56,112
up to 250, 000 or both.

665
00:18:56,529 --> 00:18:57,749
If you've previously been

666
00:18:57,749 --> 00:18:58,819
convicted of criminal

667
00:18:58,819 --> 00:19:00,289
copyright infringement so

668
00:19:00,289 --> 00:19:02,275
you're a recidivist, you

669
00:19:02,275 --> 00:19:03,565
can be sentenced up to a

670
00:19:03,565 --> 00:19:05,815
maximum of 10 years in prison

671
00:19:06,049 --> 00:19:08,159
of the 250, 000 in fine.

672
00:19:08,395 --> 00:19:09,955
Or both and then for

673
00:19:09,955 --> 00:19:11,545
misdemeanors up to 1 year

674
00:19:11,545 --> 00:19:13,172
in prison and a maximum

675
00:19:13,172 --> 00:19:15,742
fine of 100, 000, which

676
00:19:15,782 --> 00:19:17,402
is not insignificant.

677
00:19:17,802 --> 00:19:21,072
that is our overview of.

678
00:19:21,200 --> 00:19:23,150
Copyright infringement, what

679
00:19:23,150 --> 00:19:26,004
it is, the civil penalties

680
00:19:26,104 --> 00:19:28,104
and the criminal penalties

681
00:19:28,114 --> 00:19:29,264
for copyright infringement.

682
00:19:29,604 --> 00:19:31,714
And so, join me in

683
00:19:31,714 --> 00:19:32,964
the next session.

684
00:19:32,974 --> 00:19:35,324
We will talk about how to

685
00:19:35,324 --> 00:19:38,394
make sure you are not guilty

686
00:19:38,454 --> 00:19:40,014
of copyright infringement.

687
00:19:40,494 --> 00:19:41,184
Thanks guys.

688
00:19:41,344 --> 00:19:42,219
See you next time.