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Uh, ladies.

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Welcome to this week's episode

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of the Hourly to Exit podcast.

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I am starting a new series

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about copyrightability.

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As you know, U.

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S.

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copyright law protects

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original works of authorship.

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The works that qualify

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are referred to as

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being copyrightable.

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So this series will

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focus on what makes

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a work copyrightable.

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This will be a

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three part series.

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This part one will

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be about originality.

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Part two will be about

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derivatives and part

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three will be about public

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domain and related issues.

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So to start with originality,

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it was born from a

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workshop experience where

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we were going over my.

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is your expertise

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copyrightable assessment

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and there are so many

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questions about originality

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that I knew I had to

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explain it a bit more.

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So, starting with the U.

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S.

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Supreme Court

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regarding originality.

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The Supreme Court said that

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the originality requirement

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means only that the work was

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independently created by the

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author, as opposed to copied

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from other works, and that

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it possesses at least some

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minimal degree of creativity.

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So, originality has Two

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elements 1st independence,

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the work must be created

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without directly copying

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or adapting from another

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source and creativity.

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And this is a very

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basic threshold.

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a lot of questions about, how

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unique does it need to be?

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what if?

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something I've been thinking

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about for years and other

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people have written about it.

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Also, it's not about artistic

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merit and is not about

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how innovative it is, the,

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you can write about some

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same old standard ideas

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about, how to train a dog.

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But the way that you write

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about it, the way that

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you talk about it, the

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way that you illustrate

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it has to be original.

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So that's the creativity is

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really about, not copying.

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Right?

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Still kind of the same way of.

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Talking about originality,

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derivatives, we'll get their

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own episode derivatives

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are works that are

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adaptations or modifications

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of preexisting works.

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So that's not what we're

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talking about today.

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We're talking about

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independent creation.

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So.

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I'm going to flip the order

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that I talk about it though.

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We talked about independent

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creativity, independent

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creation with a minimum

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degree of creativity.

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I'm going to talk about the

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minimum degree of creativity

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first and then close it

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out with the independence.

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So because the threshold

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for creativity is.

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So low, minimal degree of

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creativity, I think it'll

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be really helpful talk

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about a few examples of what

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doesn't meet the threshold.

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And just remember, as

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I talk about these,

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these are just examples.

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There's no way, of course, I

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could provide an exhaustive

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list, but this is for you

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to help you think about.

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Honestly, like, how low

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the bar is, but that if

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you don't meet that bar,

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then, that's probably not

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something that would meet the

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copyright ability standards.

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All right, so 1st, when

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no creativity is involved

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in footage or photograph,

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I just like to talk about

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this 1 because,  lot of

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people have ring cameras or

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dash cams and, you is what

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is recorded copyrightable

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and this is an example of

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a mechanical recording,

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for that ring camera.

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It's a preposition device.

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your dash cam.

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also, you put it there

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and then you drive around

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and go about your day

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and you aren't composing

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shots with your dash cam.

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You're not composing shots

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with your ring camera.

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so generally, and I'll use

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some squishy terms, like

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generally and probably

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and maybe a night because

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obviously everything is.

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specific, but generally,

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these preposition devices,

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where you're not, staging

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the shot are not going

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to meet the requisite

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threshold of originality.

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Now, that doesn't mean that

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footage is in the public

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domain, which we'll talk about

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in part 3, there will still

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be a protectable interest.

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Probably in that footage and

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people have rights to privacy.

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So anyone who appears in

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there, their license plates

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or their property and people

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have publicity rights.

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So, you know, you can't, make

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somebody an Internet star

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without their permission.

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There might be music in there.

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There might be, a store

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or something in there.

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So, that doesn't mean just

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because it was on a dash

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cam that there's no, nobody

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has any predictable rights.

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They might, but they're not

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probably not copyrightable

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list of ingredients and

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instructions, for recipe.

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You really can't separate

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the idea of the recipe kind

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of the non protectable.

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Parts of it, the ingredient

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list, the quantities,

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the basics of how to stir

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and how hot the oven is.

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the expression of the

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idea is copyrighted, but

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the idea itself isn't.

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But when all you have that

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expression is just kind of.

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Basically facts, you can't

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copyright quantities,

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ingredients, degrees of oven.

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So when you have a recipe

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book, I mean, you I'm sure

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or cookbook, I guess you

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didn't say you probably have

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some cookbooks on your shelf

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and you'll see that they

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have copyright protection.

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So the copyright doesn't.

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Apply to the recipe.

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It applies to all the little

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stories that go around it.

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you'll see if you go online

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and you look for recipe

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online and it's buried

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at the bottom of this

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story about the recipe.

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It's because the

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recipe itself.

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Is not protectable,

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but the story about

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it, is protectable.

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and, so that is, the reason

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for your frustration.

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If you're anything like

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me, I'm always frustrated

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when I'm trying to

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find the recipe online.

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Another thing that is not

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copyrightable something that's

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inevitable that different

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creators acting completely

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independently without any

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idea what the other person is

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doing would arrive at similar

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or even identical results,

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because there's just so many

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ways to express an idea.

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So this is something

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that's functional like

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writing about the rules

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of how to play checkers.

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How many ways are

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there to describe how

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to play checkers or.

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How to, train a dog,  I mean,

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there's, could be something

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original about it, but there's

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some things that are just,

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2 independent people without

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even knowing the other exists

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and they're probably going to

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come up with the same content

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that is considered inevitable

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and probably not going to

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meet the, minimum standards of

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creativity, there is a French

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term called sends up there.

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So this refers to situations,

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characters, settings,

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or incidents that are

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standard or customary

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to a particular genre.

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And so those would

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not be protectable.

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for instance.

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You're writing

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a vampire novel.

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Your vampire

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sleeps in a casket.

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She doesn't go out at

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night, during the day, and

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she's afraid of garlic.

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Well, guess what?

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Those elements are

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not copyrightable.

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You can't put those things

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in your vampire novel, claim

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copyright protection for them,

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and nobody else can write

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about those things, right?

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So those standard situations,

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standard characteristics,

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those things that.

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You know, by nature of the

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genre of the, even if it's

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a fictional and highly

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creative, those elements that

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are the son's affair would

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not be protectable next.

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We have common geometric

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shapes are familiar symbols,

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like a stop sign or a smiley

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face or a piece symbol.

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They don't have the necessary

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level of originality.

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They're considered

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functional or utilitarian.

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And quite frankly, just

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too simple to get, the

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cover up protection.

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Sometimes you'll have

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a geographic shape.

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You'll see an outline of a

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country outline of the US.

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You'll see that people do

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an outline of a state or

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other natural formations.

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The outline of, A

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mountain, you know,

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Matterhorn or something.

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And so these are not the

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outlines, or even, whole

299
00:08:01,119 --> 00:08:02,279
painting of it, that would

300
00:08:02,279 --> 00:08:04,169
not be, but the original

301
00:08:04,336 --> 00:08:06,109
elements of it would be

302
00:08:06,359 --> 00:08:07,969
so the shape of the U.

303
00:08:07,969 --> 00:08:08,269
S.

304
00:08:08,469 --> 00:08:10,539
No, but if you then take

305
00:08:10,539 --> 00:08:12,059
it and paint it in a

306
00:08:12,229 --> 00:08:13,909
way that is creative.

307
00:08:14,156 --> 00:08:15,766
Then that would be, I

308
00:08:15,766 --> 00:08:17,479
see these cutting boards

309
00:08:17,479 --> 00:08:18,259
in this shape of the

310
00:08:18,259 --> 00:08:19,849
state, and then they, do

311
00:08:19,849 --> 00:08:21,169
some etchings on there.

312
00:08:21,369 --> 00:08:22,766
the shape of that cutting

313
00:08:22,766 --> 00:08:23,696
board and the shape of

314
00:08:23,716 --> 00:08:25,109
the state would not be

315
00:08:25,109 --> 00:08:26,466
copyrightable, but, the

316
00:08:26,466 --> 00:08:28,459
creative etchings that are on

317
00:08:28,489 --> 00:08:30,263
there, might be copyrightable.

318
00:08:30,510 --> 00:08:32,069
So it is the artistic

319
00:08:32,149 --> 00:08:33,699
expression that you layer

320
00:08:33,729 --> 00:08:36,133
on top of the symbol, Crazy

321
00:08:36,133 --> 00:08:37,293
looking smiley face or

322
00:08:37,293 --> 00:08:38,633
crazy looking piece of ball.

323
00:08:38,783 --> 00:08:40,658
that artistic expression,

324
00:08:40,828 --> 00:08:42,038
would be copyrightable,

325
00:08:42,038 --> 00:08:43,618
but not the symbol itself.

326
00:08:43,901 --> 00:08:45,434
And works in consisting

327
00:08:45,454 --> 00:08:47,554
entirely of commonly

328
00:08:47,554 --> 00:08:50,144
known information or facts

329
00:08:50,564 --> 00:08:52,601
that does not contain

330
00:08:52,671 --> 00:08:54,001
original authorship.

331
00:08:54,001 --> 00:08:55,084
So this would apply to

332
00:08:55,084 --> 00:08:56,864
say, a standard calendar,

333
00:08:57,088 --> 00:08:59,471
or a directory of people.

334
00:08:59,648 --> 00:09:01,398
So, when we look at calendars

335
00:09:01,398 --> 00:09:02,914
and you'll get 1 that has

336
00:09:02,914 --> 00:09:04,431
a copyright claim on it

337
00:09:04,651 --> 00:09:05,894
and that is because of

338
00:09:05,894 --> 00:09:07,328
all the, Photographs of,

339
00:09:07,491 --> 00:09:09,361
firefighters or whatever

340
00:09:09,361 --> 00:09:10,804
it is, or dogs pooping.

341
00:09:10,834 --> 00:09:11,924
I saw one recently

342
00:09:11,994 --> 00:09:13,114
calendar of dogs pooping

343
00:09:13,114 --> 00:09:14,264
and interesting places.

344
00:09:14,581 --> 00:09:16,271
so those elements are

345
00:09:16,281 --> 00:09:18,001
copywritable, but the calendar

346
00:09:18,001 --> 00:09:19,801
piece is not so, you know,

347
00:09:19,801 --> 00:09:22,251
I keep, myself organized by

348
00:09:22,331 --> 00:09:24,411
calendars that I download

349
00:09:24,411 --> 00:09:25,511
off the Internet that are

350
00:09:25,511 --> 00:09:27,648
just plain, just the numbers

351
00:09:27,648 --> 00:09:29,331
and the months and obviously

352
00:09:29,331 --> 00:09:30,411
those are not copyrightable

353
00:09:30,694 --> 00:09:32,118
a directory of names or

354
00:09:32,148 --> 00:09:34,048
facts might be copyrightable

355
00:09:34,088 --> 00:09:35,428
under certain circumstances,

356
00:09:35,721 --> 00:09:37,704
depending on some level of

357
00:09:37,704 --> 00:09:39,174
creativity that you add.

358
00:09:39,204 --> 00:09:40,084
So, something about

359
00:09:40,084 --> 00:09:41,054
the coordination or

360
00:09:41,064 --> 00:09:43,254
arrangement needs to be,

361
00:09:43,491 --> 00:09:44,868
creative now here, the

362
00:09:44,868 --> 00:09:46,168
standard of creativity.

363
00:09:46,388 --> 00:09:47,324
Will need to be a little

364
00:09:47,334 --> 00:09:49,874
higher than just the minimal

365
00:09:49,914 --> 00:09:51,434
because you're starting with

366
00:09:51,648 --> 00:09:53,628
facts that are commonly known.

367
00:09:53,928 --> 00:09:54,808
So if you want to get

368
00:09:54,808 --> 00:09:56,578
protection over facts that are

369
00:09:56,578 --> 00:09:58,058
commonly known, then you do

370
00:09:58,058 --> 00:09:59,914
need to do something that is

371
00:09:59,944 --> 00:10:01,464
kind of innovative in the way

372
00:10:01,464 --> 00:10:02,654
that you're presenting them.

373
00:10:02,654 --> 00:10:04,318
It can't just be that you

374
00:10:04,318 --> 00:10:05,928
hand wrote them, or something.

375
00:10:06,254 --> 00:10:08,394
so that unique expression

376
00:10:08,394 --> 00:10:09,744
or presentation.

377
00:10:09,978 --> 00:10:12,068
Of the information or facts or

378
00:10:12,068 --> 00:10:14,138
ideas that unique expression

379
00:10:14,138 --> 00:10:15,988
or presentation might be

380
00:10:16,188 --> 00:10:18,378
protectable, but not the

381
00:10:18,428 --> 00:10:20,908
underlying facts themselves.

382
00:10:21,219 --> 00:10:22,705
So those are some examples

383
00:10:22,961 --> 00:10:25,538
of what does not meet the

384
00:10:25,538 --> 00:10:27,428
minimum level of creativity.

385
00:10:27,584 --> 00:10:29,041
Use those to think about

386
00:10:29,061 --> 00:10:31,331
some others that are similar,

387
00:10:31,611 --> 00:10:33,155
that are just kind of common.

388
00:10:33,165 --> 00:10:34,245
And it's really hard

389
00:10:34,245 --> 00:10:37,118
to, allow someone to get

390
00:10:37,338 --> 00:10:39,531
exclusive rights that you

391
00:10:39,531 --> 00:10:41,158
get with copyright for

392
00:10:41,158 --> 00:10:42,318
these things that are just

393
00:10:42,548 --> 00:10:45,075
everywhere and common.

394
00:10:45,307 --> 00:10:46,911
And by the way, that

395
00:10:47,001 --> 00:10:49,251
doesn't mean publicly known.

396
00:10:49,467 --> 00:10:50,611
And we'll talk about that

397
00:10:50,621 --> 00:10:52,741
in public domain, episode.

398
00:10:52,971 --> 00:10:53,551
So, the fact that

399
00:10:53,551 --> 00:10:55,061
something's publicly known

400
00:10:55,268 --> 00:10:57,035
does not mean that it.

401
00:10:57,215 --> 00:10:58,841
Isn't creative all

402
00:10:58,841 --> 00:11:00,151
right now, we're going

403
00:11:00,151 --> 00:11:01,491
to the 2nd element,

404
00:11:01,731 --> 00:11:03,231
which is independence.

405
00:11:03,618 --> 00:11:05,051
So, when we're talking

406
00:11:05,051 --> 00:11:06,851
about independence, I'm

407
00:11:06,851 --> 00:11:08,321
going to assume that we are

408
00:11:08,321 --> 00:11:10,888
trying to create it without

409
00:11:10,908 --> 00:11:12,378
copying another source.

410
00:11:12,388 --> 00:11:14,061
That is our intent to

411
00:11:14,061 --> 00:11:15,891
create something original.

412
00:11:16,041 --> 00:11:17,401
We sat down at our computer.

413
00:11:17,683 --> 00:11:19,493
Started typing, and we believe

414
00:11:19,503 --> 00:11:21,003
that it is independent and

415
00:11:21,003 --> 00:11:22,673
that we didn't copy anyone.

416
00:11:22,918 --> 00:11:23,818
However, there's this

417
00:11:23,818 --> 00:11:25,765
thing called unconscious

418
00:11:25,775 --> 00:11:27,615
copying and that came up

419
00:11:27,846 --> 00:11:29,011
in my workshop as well.

420
00:11:29,011 --> 00:11:29,781
Like, well, what about there?

421
00:11:29,781 --> 00:11:30,531
All these people out

422
00:11:30,531 --> 00:11:31,121
there talking about

423
00:11:31,121 --> 00:11:31,751
all these things.

424
00:11:31,761 --> 00:11:32,671
How do I make sure

425
00:11:32,671 --> 00:11:33,881
that I don't, you know.

426
00:11:34,085 --> 00:11:35,415
and that is an issue.

427
00:11:35,685 --> 00:11:37,195
another term I liked,

428
00:11:37,481 --> 00:11:38,811
think it's a UK term.

429
00:11:38,811 --> 00:11:39,601
I just saw this on the

430
00:11:39,601 --> 00:11:40,281
internet and I couldn't

431
00:11:40,301 --> 00:11:41,211
find out more about it,

432
00:11:41,411 --> 00:11:42,155
but I really liked it.

433
00:11:42,155 --> 00:11:43,865
It's called ambient influence,

434
00:11:43,865 --> 00:11:45,135
which I think is also an

435
00:11:45,135 --> 00:11:45,985
interesting way to look

436
00:11:45,985 --> 00:11:47,701
at it, but unconscious

437
00:11:47,701 --> 00:11:49,421
copying, ambient influence,

438
00:11:49,471 --> 00:11:51,121
it does have implications

439
00:11:51,191 --> 00:11:52,501
under copyright law.

440
00:11:52,741 --> 00:11:54,661
it is, you know, what happens

441
00:11:54,711 --> 00:11:56,241
if you're unconsciously

442
00:11:56,281 --> 00:11:58,328
influenced by other

443
00:11:58,348 --> 00:11:59,661
people's work, especially

444
00:11:59,661 --> 00:12:00,681
something that's really

445
00:12:00,691 --> 00:12:02,471
influential in the field

446
00:12:02,658 --> 00:12:04,358
and their presence is,

447
00:12:04,405 --> 00:12:05,941
ambient, all over the place.

448
00:12:05,941 --> 00:12:07,355
Whenever we're talking about

449
00:12:07,355 --> 00:12:09,648
a certain area, that we may.

450
00:12:09,848 --> 00:12:11,818
engage in that person's

451
00:12:11,818 --> 00:12:13,246
work keeps popping up, it's

452
00:12:13,246 --> 00:12:14,626
hard to write about being

453
00:12:14,636 --> 00:12:16,413
brave without a little bit

454
00:12:16,413 --> 00:12:17,813
of Brene Brown sneaking in

455
00:12:17,813 --> 00:12:19,593
there or, you know, writing

456
00:12:19,593 --> 00:12:21,563
a daily email list, maybe

457
00:12:21,563 --> 00:12:22,233
you sound a little bit

458
00:12:22,233 --> 00:12:23,596
like Seth Godin, right?

459
00:12:23,850 --> 00:12:24,900
So, but the doctrine

460
00:12:24,920 --> 00:12:26,620
of subconscious copying

461
00:12:26,806 --> 00:12:29,500
does allow for liability

462
00:12:29,713 --> 00:12:31,456
without regard to the

463
00:12:31,466 --> 00:12:33,333
intent or knowledge.

464
00:12:33,556 --> 00:12:34,365
Of the copying.

465
00:12:34,491 --> 00:12:36,251
So even if the copying is

466
00:12:36,371 --> 00:12:38,985
unconscious, if it rises

467
00:12:39,035 --> 00:12:40,475
to the level of copyright

468
00:12:40,475 --> 00:12:42,175
infringement, and you'll need

469
00:12:42,175 --> 00:12:44,471
to go to the last series, I

470
00:12:44,491 --> 00:12:45,751
just did a three part series

471
00:12:45,751 --> 00:12:47,041
on copyright infringement.

472
00:12:47,298 --> 00:12:48,578
So, but if we have

473
00:12:48,618 --> 00:12:49,978
subconscious copying.

474
00:12:50,186 --> 00:12:51,468
And it rises to the level

475
00:12:51,468 --> 00:12:52,928
of a copyright infringement,

476
00:12:53,110 --> 00:12:54,851
then the fact that you

477
00:12:54,871 --> 00:12:56,746
did not intend Or didn't

478
00:12:56,746 --> 00:12:58,106
even realize that you're

479
00:12:58,106 --> 00:13:00,450
copying will not save you.

480
00:13:00,706 --> 00:13:01,896
So you can be on the hook for

481
00:13:01,896 --> 00:13:03,066
copying someone else's work,

482
00:13:03,096 --> 00:13:04,426
even if you honestly didn't

483
00:13:04,426 --> 00:13:06,236
mean to and didn't know it.

484
00:13:06,493 --> 00:13:08,120
so, the issue really is,

485
00:13:08,740 --> 00:13:10,046
in today's world, we're

486
00:13:10,076 --> 00:13:11,326
constantly bombarded

487
00:13:11,326 --> 00:13:12,556
with information online.

488
00:13:12,810 --> 00:13:14,483
And when this doctrine

489
00:13:14,533 --> 00:13:16,620
of subconscious copying,

490
00:13:16,820 --> 00:13:17,710
was created, it was

491
00:13:17,710 --> 00:13:18,690
a different world.

492
00:13:18,690 --> 00:13:19,860
We weren't constantly bombed.

493
00:13:20,053 --> 00:13:21,123
Barded with information

494
00:13:21,163 --> 00:13:23,013
all day, every day, in

495
00:13:23,033 --> 00:13:24,773
podcasts, you know, in our

496
00:13:24,773 --> 00:13:26,013
scrolling through our phone,

497
00:13:26,206 --> 00:13:27,343
everywhere we go, we're

498
00:13:27,343 --> 00:13:28,603
getting information from a

499
00:13:28,603 --> 00:13:30,013
lot of sources and that we

500
00:13:30,013 --> 00:13:31,283
may not even realize it.

501
00:13:31,486 --> 00:13:33,156
and so there has been

502
00:13:33,156 --> 00:13:34,496
a push against this

503
00:13:34,566 --> 00:13:36,366
doctrine, but the end of

504
00:13:36,366 --> 00:13:38,860
the day, it is, between.

505
00:13:39,103 --> 00:13:41,593
The unconscious copier

506
00:13:41,806 --> 00:13:43,593
and the person who has a

507
00:13:43,593 --> 00:13:45,990
valid copyright, who's in a

508
00:13:45,990 --> 00:13:48,416
better position to prevent

509
00:13:48,416 --> 00:13:49,970
it from happening again.

510
00:13:49,970 --> 00:13:52,333
We, in the previous series,

511
00:13:52,363 --> 00:13:53,413
we talk about what we can

512
00:13:53,423 --> 00:13:55,093
do as copyright owners.

513
00:13:55,311 --> 00:13:57,815
To minimize the possibility

514
00:13:57,815 --> 00:13:58,845
of somebody copying our

515
00:13:58,845 --> 00:14:00,358
work, but that applies

516
00:14:00,358 --> 00:14:01,828
to conscious copying.

517
00:14:02,008 --> 00:14:02,778
It doesn't apply.

518
00:14:03,038 --> 00:14:03,788
There's no way for

519
00:14:03,788 --> 00:14:04,688
us to protect against

520
00:14:04,688 --> 00:14:05,928
subconscious copying.

521
00:14:06,145 --> 00:14:07,045
So, between the 2,

522
00:14:07,045 --> 00:14:09,255
who is in the better

523
00:14:09,255 --> 00:14:11,875
position to prevent it?

524
00:14:12,091 --> 00:14:13,571
And at the end of the day,

525
00:14:13,681 --> 00:14:16,315
it is the person who may have

526
00:14:16,315 --> 00:14:18,908
subconsciously copied because

527
00:14:18,908 --> 00:14:20,521
it would be incredibly.

528
00:14:20,686 --> 00:14:22,380
easy to say, hey, you know, I

529
00:14:22,550 --> 00:14:24,156
thought I did it about myself.

530
00:14:24,366 --> 00:14:25,836
it's easy to say that and

531
00:14:25,836 --> 00:14:27,016
it'd be very difficult

532
00:14:27,026 --> 00:14:28,306
for the person who was, in

533
00:14:28,316 --> 00:14:30,620
fact, copied to prove that.

534
00:14:30,620 --> 00:14:31,630
No, You didn't it was

535
00:14:31,630 --> 00:14:32,750
conscious copying and not

536
00:14:32,780 --> 00:14:34,901
subconscious copying and so

537
00:14:34,911 --> 00:14:36,711
it kind of provide it would

538
00:14:36,711 --> 00:14:37,881
provide an offense that would

539
00:14:37,891 --> 00:14:39,988
be unfair to the person with

540
00:14:39,998 --> 00:14:41,168
the copyright protection.

541
00:14:41,433 --> 00:14:42,165
So what does that

542
00:14:42,165 --> 00:14:43,245
mean for you?

543
00:14:43,485 --> 00:14:44,525
So you need to be

544
00:14:44,785 --> 00:14:46,245
especially important.

545
00:14:46,255 --> 00:14:46,835
This is especially

546
00:14:46,835 --> 00:14:47,615
important for you.

547
00:14:47,760 --> 00:14:49,336
If you're in a niche that

548
00:14:49,346 --> 00:14:50,586
has just a handful of

549
00:14:50,596 --> 00:14:52,196
really prominent voices

550
00:14:52,361 --> 00:14:54,346
that basically most people

551
00:14:54,511 --> 00:14:56,965
recognize and so you

552
00:14:56,985 --> 00:14:58,575
need to make sure that.

553
00:14:58,760 --> 00:15:00,713
Their works don't seep

554
00:15:00,743 --> 00:15:01,973
into your subconscious when

555
00:15:01,973 --> 00:15:03,013
you're creating content.

556
00:15:03,203 --> 00:15:04,693
So be aware.

557
00:15:04,783 --> 00:15:05,686
There are these prominent

558
00:15:05,686 --> 00:15:08,460
voices, and I need to be

559
00:15:08,460 --> 00:15:10,630
aware that I'm not somehow

560
00:15:10,830 --> 00:15:12,450
subconsciously incorporating

561
00:15:12,460 --> 00:15:14,116
their voices and they do

562
00:15:14,116 --> 00:15:15,486
that by making sure that

563
00:15:15,486 --> 00:15:16,846
you have your own voice.

564
00:15:17,175 --> 00:15:18,216
Remember the ideas are

565
00:15:18,216 --> 00:15:19,460
freely available, You can

566
00:15:19,460 --> 00:15:20,450
talk about their ideas.

567
00:15:20,450 --> 00:15:21,740
You can talk about bravery.

568
00:15:21,750 --> 00:15:22,836
You can talk about, being

569
00:15:22,836 --> 00:15:24,456
unique and showing up and

570
00:15:24,486 --> 00:15:26,910
positioning and, niches and

571
00:15:26,920 --> 00:15:29,146
all the things and leadership,

572
00:15:29,156 --> 00:15:31,066
all the things that we hear

573
00:15:31,246 --> 00:15:33,780
from big voices all the time.

574
00:15:33,780 --> 00:15:35,370
You can take their ideas.

575
00:15:35,370 --> 00:15:36,900
Those are freely usable,

576
00:15:37,066 --> 00:15:38,276
but the expression

577
00:15:38,276 --> 00:15:39,556
needs to be original.

578
00:15:39,760 --> 00:15:41,833
So make sure that when you're

579
00:15:41,833 --> 00:15:43,293
writing about these things.

580
00:15:43,570 --> 00:15:45,596
That you are mindful that

581
00:15:45,606 --> 00:15:46,686
those prominent voices

582
00:15:46,726 --> 00:15:48,226
aren't seeping into your work

583
00:15:48,436 --> 00:15:50,153
because it is on you to make

584
00:15:50,153 --> 00:15:51,153
sure that doesn't have that.

585
00:15:51,410 --> 00:15:52,996
there are, some tools

586
00:15:53,206 --> 00:15:54,506
to make sure that you

587
00:15:54,516 --> 00:15:55,496
haven't done that.

588
00:15:55,683 --> 00:15:56,943
I noticed recently when I

589
00:15:56,943 --> 00:15:58,183
was doing spell check on

590
00:15:58,193 --> 00:15:59,696
something so this is in

591
00:15:59,706 --> 00:16:02,326
word that it had option to

592
00:16:02,326 --> 00:16:03,846
check if you find something

593
00:16:03,846 --> 00:16:05,263
on the Internet and I tried

594
00:16:05,263 --> 00:16:06,443
it just to see how it work.

595
00:16:06,443 --> 00:16:07,113
And frankly.

596
00:16:07,113 --> 00:16:07,339
Which.

597
00:16:07,655 --> 00:16:08,575
kept working and

598
00:16:08,625 --> 00:16:09,375
working and working and

599
00:16:09,375 --> 00:16:10,285
nothing ever happened.

600
00:16:10,285 --> 00:16:11,045
And so, you know, I

601
00:16:11,045 --> 00:16:12,148
don't have all day and

602
00:16:12,148 --> 00:16:13,338
I stopped using it.

603
00:16:13,528 --> 00:16:15,718
But, there are tools, if

604
00:16:15,718 --> 00:16:17,078
you are worried about that,

605
00:16:17,308 --> 00:16:18,748
there are tools to use that.

606
00:16:18,748 --> 00:16:19,635
You can make sure you

607
00:16:19,645 --> 00:16:20,785
haven't subconsciously

608
00:16:20,835 --> 00:16:21,655
copied something.

609
00:16:21,868 --> 00:16:24,255
and so, know it seems a little

610
00:16:24,255 --> 00:16:25,570
bit scary that you can be.

611
00:16:25,715 --> 00:16:27,116
Caught for subconscious

612
00:16:27,116 --> 00:16:29,685
copying, but want to emphasize

613
00:16:29,929 --> 00:16:31,859
the ideas are freely usable.

614
00:16:31,879 --> 00:16:33,279
So if you subconsciously take

615
00:16:33,279 --> 00:16:35,269
somebody's idea, it's okay.

616
00:16:35,410 --> 00:16:37,056
But if you subconsciously

617
00:16:37,213 --> 00:16:38,809
create a copyright

618
00:16:38,839 --> 00:16:39,789
infringement.

619
00:16:39,963 --> 00:16:40,581
Which means you've

620
00:16:40,691 --> 00:16:42,374
copied their work, you've

621
00:16:42,374 --> 00:16:43,904
copied their expression,

622
00:16:44,120 --> 00:16:46,161
then that is not okay.

623
00:16:46,336 --> 00:16:47,887
And we find this, frankly,

624
00:16:47,897 --> 00:16:48,497
we find that we don't

625
00:16:48,507 --> 00:16:49,637
find this so much in

626
00:16:49,677 --> 00:16:50,747
the work that we do.

627
00:16:50,944 --> 00:16:52,047
We know that this happens

628
00:16:52,047 --> 00:16:53,604
a lot in music because,

629
00:16:53,604 --> 00:16:54,644
for some kind of.

630
00:16:54,797 --> 00:16:56,584
beat or chord or thing

631
00:16:56,584 --> 00:16:57,614
to get into your brain.

632
00:16:57,614 --> 00:16:58,721
And then you sit down and

633
00:16:58,721 --> 00:16:59,931
write without realizing

634
00:16:59,931 --> 00:17:01,051
that you heard it somewhere.

635
00:17:01,227 --> 00:17:02,867
is a lot easier to do, than

636
00:17:02,867 --> 00:17:04,537
it is in the work that we do.

637
00:17:04,754 --> 00:17:05,864
so I don't want you to panic

638
00:17:05,864 --> 00:17:07,054
about it, but I do want

639
00:17:07,054 --> 00:17:08,014
you to be mindful of it.

640
00:17:08,241 --> 00:17:10,274
So, thank you for

641
00:17:10,334 --> 00:17:11,344
another episode.

642
00:17:11,364 --> 00:17:12,801
I do want to say that the

643
00:17:12,801 --> 00:17:15,231
Copyright Ability Series is

644
00:17:15,231 --> 00:17:16,861
sponsored by Think Beyond IP.

645
00:17:17,511 --> 00:17:19,807
Think Beyond IP helps B2B

646
00:17:19,857 --> 00:17:21,527
experts with corporate clients

647
00:17:21,767 --> 00:17:23,157
lay the intellectual property

648
00:17:23,157 --> 00:17:25,234
foundation required to build

649
00:17:25,244 --> 00:17:27,254
new scalable revenue streams.

650
00:17:27,654 --> 00:17:29,544
Think Beyond IP has the legal

651
00:17:29,544 --> 00:17:31,151
expertise and the corporate

652
00:17:31,151 --> 00:17:33,011
experience to provide expert

653
00:17:33,021 --> 00:17:34,764
focus to the issues that

654
00:17:34,764 --> 00:17:36,714
matter most to you and to

655
00:17:36,714 --> 00:17:38,174
your corporate clients.

656
00:17:38,361 --> 00:17:39,364
I encourage you to get

657
00:17:39,364 --> 00:17:40,834
your free assessment.

658
00:17:41,067 --> 00:17:42,777
Is your expertise

659
00:17:42,807 --> 00:17:43,677
copyrightable?

660
00:17:43,867 --> 00:17:44,787
You can get that

661
00:17:44,817 --> 00:17:45,077
at thinkbeyondip.

662
00:17:46,537 --> 00:17:46,937
com.

663
00:17:47,181 --> 00:17:48,261
I'll see you next time.

664
00:17:48,424 --> 00:17:49,007
Thanks guys.