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Erin Austin:
Hello,

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everyone.

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Welcome to
this month's

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LinkedIn live.

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I do these
every last

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Wednesday of
the month,

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whether there
are four

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Wednesdays or
five Wednesdays

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like this
month, I was

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shocked by how
much time I

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had to prepare
for today's

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LinkedIn live.

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And we talk
about different

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topics of
interest to

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experts in
the areas of.

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Contracts and
intellectual

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property and
copyrights in

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particular.

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And so I do
these are

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recorded
and you can

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find them on
my profile.

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at Aaron Austin
and also on

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my website
thing beyond.

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I.

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P.

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do sometimes
release these

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as podcast
episodes.

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My podcast is
hourly to exit.

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and it
depends on

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how clean this
recording is.

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We'll see if
this 1 gets

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on, or if I
rerecord it

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afterwards.

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So, please
do check out

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those resources
as well.

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If you are
listening to

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this and audio
only there

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are, PowerPoint
presentation

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that has
slides.

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I will be
talking you

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through it,
but you're

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interested,
then go find

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the video.

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So you can
also see the

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resources
for those of

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you who are
here live.

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I'm happy
to take your

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questions.

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I'll talk
for a bit and

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then open the
floor to your

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questions and
you can post

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them in the
comments at any

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time, as well.

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And so let's
get to today's

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topic, which
is spotting the

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hidden license
and our client

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agreements.

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So what we're
going to

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talk about is
particularly

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how we protect
or fail to

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protect our
intellectual

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property with
our clients.

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And in
particular,

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with our client
agreements.

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So we
protect our

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intellectual
property

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in 2 ways.

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There is the
intellectual

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property
law, which is

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the default
in the U.

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S.

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and which
applies when

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you don't have
any contracts

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at all.

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And so I
actually don't

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have a slide
about what

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happens when
you don't

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have contracts
at all.

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So, if you
have questions

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about that,
then ask me

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about that when
we get to the

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Q and a, and
then the other

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way is with
our contracts.

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So we can
change the

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default through
the use of

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contracts.

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You know that
I like to

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talk about
copyrights

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in particular
because we

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are experts
with corporate

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clients, the
copyrighted

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works, the
things like

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our trainings,
our workshops,

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our PowerPoint
presentations,

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our courses
and books,

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those are all
copyrighted

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works.

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The things
that are the

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expression of
our expertise.

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Those are
things we

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protect with
copyright.

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It's
different than

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trademarks.

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I don't
talk about

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trademarks
because,

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that's not what
provides value

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to our clients.

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stylized I.

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P logo on the
corner there.

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I think it's
kind of cute,

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but you get
absolutely

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no value
from that.

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You get the
value from the

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stuff that I.

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Talk to you
about and so

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we will focus
on protecting

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our copyrighted
works when we

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enter client
agreements.

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And so
intellectual

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property
law, just

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briefly, under
copyrights,

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the human,
it always has

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to start with
a human, the

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human being
who creates

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something
original and

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puts it in a
tangible form.

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They write
it down, they

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record it,
photograph it.

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At the moment
of creation,

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copyright
protection

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attaches, and
it is the human

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who creates
it, who is also

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the owner, and
so that is the

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default, but
we can change

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that through
contracts.

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And so
we'll talk

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about that.

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in our client
agreements

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there, we're
going to talk

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about the
provision

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specifically,
In your client

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agreements that
addresses the

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contractual
provisions

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that change
the default.

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And so some of
the paragraph

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headings,
you will

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find it under
intellectual

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property is
probably the

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number 1,
probably 75

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percent of
the paragraph

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headings will
be intellectual

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property.

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but other
ones might be

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deliverables or
work product or

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just ownership.

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I went through,
a couple

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dozen examples
of client

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agreements that
I've worked

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on just to
see what they

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generally say.

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And so these
are where you

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will look for
the language

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regarding
intellectual

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property rights
in connection

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with the work
that you do for

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your clients.

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before we
get into a

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real example
that we will.

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want to just
talk about the

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concepts that
we will find

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in a client
agreement

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in that
intellectual

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property
provision.

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And so these
are, the types

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of ownership.

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Or permissions
that we have

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in copyrights
under

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intellectual
property law.

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So the highest
level, and

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I'm going to
use that term

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highest level
and you'll

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see why in
a minute.

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well, actually,
the highest

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level isn't
even on this

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slide because
when we just

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do work for
ourselves.

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So I sit down
and I write.

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A post as
Aaron Austin,

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and I am the
human being

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who created it.

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So I am both
the author

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and I'm also
the owner.

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So I'm the
creator and

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the owner.

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There's, just 1
human or entity

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involved in
the creation

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of that
copyrighted

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work.

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But when we are
doing work with

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3rd parties,
when we're

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doing client
work, there's

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obviously.

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2 parties
involved,

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there's,
you and I as

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consultants
and then there

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is our client.

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And so the
top level

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of ownership
is the work

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for hire.

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the, work for
hire means

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there is.

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The human being
who created

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it, but there's
somebody

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else who is
the owner.

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There's a 2nd
entity who's

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the owner.

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So the, classic
example is

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the employee
employer

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relationship,
you whether

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or not there's
an agreement

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in place
if I create

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something as
an employee,

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and I create it
in the course

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of my scope
of duties.

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So I am.

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the head of H.

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R.

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and I write
the employment

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guide, the
employee,

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handbook I
created that in

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the course of
my employment.

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I am the human
being who

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created it,
but the author

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for copyright
purposes is

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my employer
and also.

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The owner, so
if we were to

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look that up at
the copyright

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office, there's
only 1 entity

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listed their
employer.

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I don't appear
anywhere

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on there.

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I don't even
exist for the

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purposes of
the creation

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of that asset
when it's not

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an employee
and it's

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contractual
relationship

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like.

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What we have
with our

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clients, then
the work for

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hire concept
also exist.

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You do have
to have the

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magic words
work for hire.

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We'll look
at that in

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a second.

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, and then when
we have that

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it's in writing
and it's signed

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and it's work
for hire.

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The human
being, the

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consultant is
creating it,

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but the, client
is the owner.

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And again,
there's

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only, they
immediately

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own it as if
they created

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themselves.

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There's no
separation

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there versus
assignment.

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When there is
an assignment,

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I have the
creator.

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And that is
the human, of

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course, and
then I have

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the person
who's going

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to own it.

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So, if we
were to look

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at that in
the copyright

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office, there
would be the,

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author, the
human, and then

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the owner would
be the separate

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entity,
the client.

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So, there is
actually a

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transfer of
rights from

281
00:07:04,055 --> 00:07:06,135
the creator
to the owner,

282
00:07:06,245 --> 00:07:07,355
and that's the
assignment.

283
00:07:07,533 --> 00:07:08,548
And then
license is

284
00:07:08,548 --> 00:07:10,380
the last level
where The

285
00:07:10,380 --> 00:07:11,780
creator and
the owner is

286
00:07:11,780 --> 00:07:13,337
the same, but
they're giving

287
00:07:13,337 --> 00:07:15,217
permission to
the 3rd party

288
00:07:15,257 --> 00:07:18,413
to use,  some
or all of my

289
00:07:18,413 --> 00:07:19,703
rights that
I have in

290
00:07:19,703 --> 00:07:20,343
that work.

291
00:07:20,547 --> 00:07:22,767
these are
the 3 kind

292
00:07:22,767 --> 00:07:24,053
of concepts
that we will

293
00:07:24,130 --> 00:07:25,353
find in.

294
00:07:25,520 --> 00:07:27,240
A client
agreement, so

295
00:07:27,240 --> 00:07:29,363
let's look at
a sample this

296
00:07:29,363 --> 00:07:31,523
is going to be
a very typical

297
00:07:31,533 --> 00:07:32,363
provision.

298
00:07:32,597 --> 00:07:34,250
it will have
this 1st

299
00:07:34,260 --> 00:07:34,890
section.

300
00:07:35,183 --> 00:07:35,653
not going
to read the

301
00:07:35,673 --> 00:07:36,383
whole thing
to you, but

302
00:07:36,383 --> 00:07:37,810
I'm going to
point out, the

303
00:07:37,810 --> 00:07:40,183
key provisions
that we are

304
00:07:40,183 --> 00:07:41,033
looking for.

305
00:07:41,200 --> 00:07:43,130
So, in this
1st paragraph,

306
00:07:43,314 --> 00:07:45,190
it is talking
about the

307
00:07:45,190 --> 00:07:47,003
rights that
contract or

308
00:07:47,003 --> 00:07:48,053
use the term
contractor

309
00:07:48,053 --> 00:07:48,843
instead of
consultant

310
00:07:48,843 --> 00:07:49,843
here is.

311
00:07:50,081 --> 00:07:52,037
Providing to
the client,

312
00:07:52,290 --> 00:07:53,997
so this
refers to the

313
00:07:53,997 --> 00:07:55,177
deliverables
that the

314
00:07:55,177 --> 00:07:57,393
contractor
is agreeing

315
00:07:57,403 --> 00:07:58,963
that all the
deliverables

316
00:07:59,043 --> 00:08:00,793
are owned by
the client

317
00:08:00,962 --> 00:08:02,127
and that the
contractor has

318
00:08:02,157 --> 00:08:04,640
no rights in it
and that it is

319
00:08:04,770 --> 00:08:07,250
a work for hire
for the client.

320
00:08:07,270 --> 00:08:08,957
So that is that
1st level, as

321
00:08:08,957 --> 00:08:10,247
soon as it's
created by the

322
00:08:10,247 --> 00:08:12,915
contractor, It
is as if the

323
00:08:12,915 --> 00:08:14,505
client created
it and they

324
00:08:14,515 --> 00:08:15,615
immediately
own it and

325
00:08:15,615 --> 00:08:16,655
immediately
have all the

326
00:08:16,655 --> 00:08:18,688
rights under
copyright law

327
00:08:18,748 --> 00:08:19,748
in that work.

328
00:08:19,943 --> 00:08:21,852
However, the
bucket of

329
00:08:21,872 --> 00:08:24,285
things that
can fall under

330
00:08:24,427 --> 00:08:25,895
work for hire
when it is

331
00:08:25,895 --> 00:08:27,215
a contractor
relationship

332
00:08:27,225 --> 00:08:28,298
versus an
employment

333
00:08:28,298 --> 00:08:29,848
relationship
is actually

334
00:08:29,848 --> 00:08:31,828
defined, like,
not everything

335
00:08:31,828 --> 00:08:33,818
we do qualifies
as a work

336
00:08:33,818 --> 00:08:35,645
for hire when
contractual

337
00:08:35,645 --> 00:08:37,045
relationship
as opposed to

338
00:08:37,045 --> 00:08:38,035
an employment
relationship.

339
00:08:38,282 --> 00:08:39,450
So there is
a bucket of

340
00:08:39,450 --> 00:08:40,850
things that
it applies to.

341
00:08:40,998 --> 00:08:42,368
if it doesn't,
for some

342
00:08:42,368 --> 00:08:43,418
reason, fall
into one of

343
00:08:43,558 --> 00:08:45,368
those specific
buckets, a

344
00:08:45,368 --> 00:08:47,195
work for hire
eligible work

345
00:08:47,195 --> 00:08:49,818
product, then
the assignment

346
00:08:49,818 --> 00:08:50,908
comes in
because then

347
00:08:50,938 --> 00:08:51,948
the client,
okay, if it

348
00:08:51,998 --> 00:08:53,498
doesn't qualify
as a work for

349
00:08:53,498 --> 00:08:54,578
hire, I still
want to make

350
00:08:54,578 --> 00:08:55,518
sure I get all
the rights.

351
00:08:55,768 --> 00:08:56,728
So if it's
not a work

352
00:08:56,728 --> 00:08:57,258
for hire.

353
00:08:57,473 --> 00:08:59,086
Contractor
assigns 100

354
00:08:59,086 --> 00:09:00,700
percent of the
rights in that

355
00:09:00,700 --> 00:09:02,480
deliverable
to client.

356
00:09:02,633 --> 00:09:05,113
So here, again,
the client ends

357
00:09:05,113 --> 00:09:07,456
up with all of
the rights, but

358
00:09:07,456 --> 00:09:09,306
it is through
an assignment

359
00:09:09,356 --> 00:09:10,886
as opposed
through as if

360
00:09:10,886 --> 00:09:12,206
they created
it themselves.

361
00:09:12,206 --> 00:09:13,456
But still they
get all the

362
00:09:13,611 --> 00:09:15,773
copyrights with
the client, and

363
00:09:15,773 --> 00:09:17,803
the contractor
retains no

364
00:09:17,813 --> 00:09:18,843
copyright
interest

365
00:09:19,008 --> 00:09:19,956
in that
deliverable.

366
00:09:20,245 --> 00:09:21,243
And then
the second,

367
00:09:21,480 --> 00:09:23,861
paragraph
refers to those

368
00:09:24,075 --> 00:09:26,245
elements that
the contractor

369
00:09:26,255 --> 00:09:27,235
brings to
the table.

370
00:09:27,255 --> 00:09:28,025
I mean, there's
a reason

371
00:09:28,025 --> 00:09:29,241
they're coming
to you instead

372
00:09:29,241 --> 00:09:30,511
of somebody
else, because,

373
00:09:30,727 --> 00:09:31,764
you have a
system, you

374
00:09:31,764 --> 00:09:33,234
have a model,
or you have,

375
00:09:33,420 --> 00:09:34,510
, some research
or data or

376
00:09:34,510 --> 00:09:35,360
something that
you're bringing

377
00:09:35,360 --> 00:09:37,302
to the table,
and you want to

378
00:09:37,312 --> 00:09:38,772
make sure that
you continue

379
00:09:38,772 --> 00:09:39,772
to own those.

380
00:09:39,840 --> 00:09:41,541
Materials, so
we want to make

381
00:09:41,541 --> 00:09:43,947
sure that we
are carving

382
00:09:43,947 --> 00:09:46,241
out from,
that work for

383
00:09:46,241 --> 00:09:48,981
hire and that
assignment your

384
00:09:49,011 --> 00:09:50,601
pre existing
materials.

385
00:09:51,316 --> 00:09:52,566
paragraph says
you retain

386
00:09:52,566 --> 00:09:53,796
ownership in
those things.

387
00:09:54,022 --> 00:09:55,738
But where is
the license?

388
00:09:56,125 --> 00:09:57,415
So, the, last
part of that

389
00:09:57,415 --> 00:10:00,105
sentence is
the license

390
00:10:00,135 --> 00:10:01,475
that you are
granting to

391
00:10:01,475 --> 00:10:03,618
your client
to use your,

392
00:10:03,702 --> 00:10:04,273
materials.

393
00:10:04,472 --> 00:10:05,487
Obviously,
they have to

394
00:10:05,487 --> 00:10:06,707
have a license
to use it.

395
00:10:06,707 --> 00:10:09,020
Let's say you
do A strategic

396
00:10:09,020 --> 00:10:10,650
analysis, and
as part of

397
00:10:10,650 --> 00:10:11,570
that analysis,
you're

398
00:10:11,570 --> 00:10:12,660
using some
preexisting

399
00:10:12,670 --> 00:10:13,820
research that
you have.

400
00:10:14,015 --> 00:10:15,183
You're using
some models

401
00:10:15,183 --> 00:10:15,893
and templates
that you

402
00:10:15,893 --> 00:10:17,633
have and you
package that

403
00:10:17,633 --> 00:10:19,203
together for
the deliverable

404
00:10:19,375 --> 00:10:20,992
and you present
that strategic

405
00:10:20,992 --> 00:10:22,932
analysis to
your client and

406
00:10:22,932 --> 00:10:24,402
so they have to
have the right

407
00:10:24,432 --> 00:10:26,110
to use, the
things that you

408
00:10:26,110 --> 00:10:27,150
incorporated
in that

409
00:10:27,150 --> 00:10:27,870
deliverable.

410
00:10:28,019 --> 00:10:30,773
The issue is
how broad is

411
00:10:30,823 --> 00:10:31,863
that license?

412
00:10:32,112 --> 00:10:32,993
This is.

413
00:10:33,162 --> 00:10:34,350
Very standard
language

414
00:10:34,350 --> 00:10:35,973
that you
will see from

415
00:10:35,973 --> 00:10:36,303
the client.

416
00:10:36,313 --> 00:10:38,123
Now, first of
all, this one

417
00:10:38,193 --> 00:10:40,150
is fairer than
a lot of client

418
00:10:40,150 --> 00:10:40,770
agreements,
because a

419
00:10:40,770 --> 00:10:42,130
lot of client
drafted

420
00:10:42,130 --> 00:10:43,140
agreements
won't even have

421
00:10:43,140 --> 00:10:43,600
this second.

422
00:10:43,776 --> 00:10:44,770
Paragraph in
it, it will

423
00:10:44,770 --> 00:10:46,017
just be 100
percent of the

424
00:10:46,017 --> 00:10:46,637
deliverables.

425
00:10:46,777 --> 00:10:47,747
I own it
because I'm

426
00:10:47,757 --> 00:10:49,010
the client,
probably

427
00:10:49,010 --> 00:10:50,410
at least 40
percent will

428
00:10:50,420 --> 00:10:51,500
also have
this 2nd

429
00:10:51,500 --> 00:10:53,387
paragraph that
acknowledges

430
00:10:53,387 --> 00:10:54,077
that you're
bringing your

431
00:10:54,077 --> 00:10:55,317
own materials
to the table

432
00:10:55,456 --> 00:10:56,513
and that they
simply get a

433
00:10:56,513 --> 00:10:57,393
license to it.

434
00:10:57,562 --> 00:10:58,563
But let's
look at this

435
00:10:58,583 --> 00:10:59,163
license.

436
00:10:59,622 --> 00:11:00,682
in the middle
of the 2nd

437
00:11:00,682 --> 00:11:02,392
paragraph, it
says contractor

438
00:11:02,392 --> 00:11:03,802
hereby grants
a client

439
00:11:04,006 --> 00:11:05,962
a limited
worldwide

440
00:11:05,972 --> 00:11:07,692
perpetual
irrevocable

441
00:11:07,862 --> 00:11:09,676
royalty free,
fully paid up

442
00:11:09,686 --> 00:11:11,026
transferable
right and

443
00:11:11,026 --> 00:11:12,959
license to
use, execute,

444
00:11:12,999 --> 00:11:14,549
reproduce
sub license,

445
00:11:14,549 --> 00:11:15,849
display,
perform,

446
00:11:16,032 --> 00:11:17,389
distribute,
maintain,

447
00:11:17,562 --> 00:11:18,329
create
derivative

448
00:11:18,329 --> 00:11:20,039
works and make
modifications

449
00:11:20,069 --> 00:11:21,429
and
improvements to

450
00:11:21,599 --> 00:11:23,372
the contractor
materials.

451
00:11:23,556 --> 00:11:24,776
This is very.

452
00:11:24,946 --> 00:11:27,086
Common starter
language, you

453
00:11:27,086 --> 00:11:28,116
know, standard
language that

454
00:11:28,116 --> 00:11:29,156
you'll get from
your client.

455
00:11:29,322 --> 00:11:31,299
And so what
is wrong

456
00:11:31,299 --> 00:11:31,969
with this?

457
00:11:32,189 --> 00:11:33,359
you know, we
didn't start

458
00:11:33,369 --> 00:11:34,869
from the basics
of what the

459
00:11:34,869 --> 00:11:36,439
bundle of
copyrights

460
00:11:36,569 --> 00:11:37,879
that you get
as a copyright

461
00:11:37,879 --> 00:11:38,896
owner, but
I'll tell

462
00:11:38,896 --> 00:11:39,956
you what they
are because

463
00:11:39,956 --> 00:11:41,296
they're all
right here in

464
00:11:41,296 --> 00:11:42,086
this license.

465
00:11:42,399 --> 00:11:43,876
the exclusive
rights you get

466
00:11:43,876 --> 00:11:45,306
as a copyright
owner is that

467
00:11:45,306 --> 00:11:46,636
you get the
exclusive right

468
00:11:46,746 --> 00:11:48,782
to reproduce,
sub license,

469
00:11:48,782 --> 00:11:49,742
display,
perform,

470
00:11:49,742 --> 00:11:50,502
distribute,
create

471
00:11:50,512 --> 00:11:51,442
derivatives,
and make

472
00:11:51,442 --> 00:11:51,942
improvements.

473
00:11:52,142 --> 00:11:53,356
Those are
your exclusive

474
00:11:53,356 --> 00:11:54,616
rights as
a copyright

475
00:11:54,616 --> 00:11:54,976
owner.

476
00:11:55,156 --> 00:11:56,386
And so when
you have a

477
00:11:56,386 --> 00:11:58,682
license is this
broad, even

478
00:11:58,682 --> 00:11:59,832
though you have
a retaining

479
00:11:59,882 --> 00:12:02,279
ownership of
that work, you

480
00:12:02,289 --> 00:12:04,059
have granted a
license to your

481
00:12:04,059 --> 00:12:05,839
client that
is so broad

482
00:12:05,999 --> 00:12:06,879
that they can
do anything.

483
00:12:07,076 --> 00:12:08,939
Everything that
you can do as

484
00:12:08,939 --> 00:12:10,736
a copyright
owner without

485
00:12:10,836 --> 00:12:12,879
coming back to
you so they can

486
00:12:12,889 --> 00:12:13,859
sub license it.

487
00:12:14,051 --> 00:12:15,319
They can create
derivatives.

488
00:12:15,329 --> 00:12:16,632
They can
reproduce it

489
00:12:16,632 --> 00:12:17,902
and distribute
it without

490
00:12:18,022 --> 00:12:19,322
paying you
another dime

491
00:12:19,504 --> 00:12:20,932
because you
have granted

492
00:12:20,932 --> 00:12:22,806
them that broad
of a license.

493
00:12:23,416 --> 00:12:24,516
So, what do
we want to do?

494
00:12:24,687 --> 00:12:26,846
We want to make
sure that we

495
00:12:26,896 --> 00:12:29,036
are limiting
that license

496
00:12:29,471 --> 00:12:30,681
And so just,
you know,

497
00:12:30,681 --> 00:12:32,011
I probably
should do my,

498
00:12:32,121 --> 00:12:32,921
disclaimer
here.

499
00:12:32,931 --> 00:12:34,767
Of course, this
is information,

500
00:12:34,897 --> 00:12:35,487
legal advice.

501
00:12:35,487 --> 00:12:36,541
If you have
specific

502
00:12:36,541 --> 00:12:37,521
questions
about your

503
00:12:37,521 --> 00:12:38,584
agreements,
talk to a

504
00:12:38,584 --> 00:12:39,667
lawyer, but,
this is pretty

505
00:12:39,667 --> 00:12:41,034
good advice,
information.

506
00:12:41,324 --> 00:12:42,204
so there are
a couple of

507
00:12:42,214 --> 00:12:43,764
things that
we want to do.

508
00:12:43,991 --> 00:12:45,401
First of all,
we want to

509
00:12:45,481 --> 00:12:46,821
make sure that
the grant of

510
00:12:46,821 --> 00:12:48,481
license is
subject to

511
00:12:48,481 --> 00:12:49,924
them paying
your fee.

512
00:12:50,147 --> 00:12:50,984
What's the
difference?

513
00:12:51,281 --> 00:12:54,351
So if The grant
of license is

514
00:12:54,401 --> 00:12:55,831
not subject
to paying

515
00:12:55,861 --> 00:12:56,521
your fee.

516
00:12:56,871 --> 00:12:58,284
You have
granted the

517
00:12:58,284 --> 00:12:59,734
license so they
have the right

518
00:12:59,734 --> 00:13:00,754
to do whatever
they want

519
00:13:00,754 --> 00:13:01,664
to with it.

520
00:13:01,901 --> 00:13:03,427
you can do all
the things and

521
00:13:03,427 --> 00:13:04,677
if they haven't
paid you,

522
00:13:04,821 --> 00:13:05,504
well, they've
breached their

523
00:13:05,504 --> 00:13:06,674
contract and
you have a

524
00:13:06,704 --> 00:13:07,914
contract claim
against them.

525
00:13:07,954 --> 00:13:08,891
So, they're
supposed

526
00:13:08,891 --> 00:13:09,521
to pay you.

527
00:13:09,707 --> 00:13:11,396
10, 000 and
they don't

528
00:13:11,396 --> 00:13:11,966
pay it.

529
00:13:11,976 --> 00:13:12,676
Well, then
you can sue

530
00:13:12,676 --> 00:13:13,946
them for
the 10, 000.

531
00:13:14,641 --> 00:13:17,086
If the grant
of the license

532
00:13:17,136 --> 00:13:19,216
is subject to
payment of your

533
00:13:19,306 --> 00:13:21,096
fee and they
haven't paid

534
00:13:21,106 --> 00:13:22,729
it, that means
they don't

535
00:13:22,887 --> 00:13:25,196
have a license,
which means if

536
00:13:25,196 --> 00:13:26,846
they use that
deliverable

537
00:13:26,994 --> 00:13:28,262
without a
license,

538
00:13:28,412 --> 00:13:29,162
what is that?

539
00:13:29,354 --> 00:13:30,404
That is a
copyright

540
00:13:30,404 --> 00:13:30,994
infringement.

541
00:13:31,197 --> 00:13:32,927
And so then you
not only have

542
00:13:32,957 --> 00:13:34,514
a, contract
breach, you

543
00:13:34,544 --> 00:13:36,544
also have all
the statutory

544
00:13:36,544 --> 00:13:37,934
damages that
you get under

545
00:13:37,934 --> 00:13:39,014
intellectual
property law,

546
00:13:39,234 --> 00:13:40,787
because they
have infringed

547
00:13:40,787 --> 00:13:42,744
your copyright
if they haven't

548
00:13:42,814 --> 00:13:44,624
paid your
compensation.

549
00:13:44,834 --> 00:13:45,714
So we want
to always

550
00:13:45,714 --> 00:13:46,274
have that.

551
00:13:46,497 --> 00:13:48,057
this should
never be

552
00:13:48,237 --> 00:13:49,792
Controversial,
when you're

553
00:13:49,792 --> 00:13:50,652
asking
for this,

554
00:13:50,887 --> 00:13:52,117
Typically, they
will not agree

555
00:13:52,117 --> 00:13:53,427
to it, with
respect to the

556
00:13:53,457 --> 00:13:54,997
work for hire
the assignment,

557
00:13:55,157 --> 00:13:56,251
you can try it,
there should

558
00:13:56,251 --> 00:13:57,771
be no objection
to it with

559
00:13:57,771 --> 00:13:59,781
respect to the
license of your

560
00:13:59,964 --> 00:14:00,887
intellectual
property,

561
00:14:01,144 --> 00:14:02,197
clarifying
that it's not

562
00:14:02,197 --> 00:14:02,547
exclusive.

563
00:14:03,022 --> 00:14:03,942
Frankly, you
know, if it

564
00:14:03,942 --> 00:14:05,112
doesn't say
exclusive, it

565
00:14:05,112 --> 00:14:06,592
is by default
non exclusive,

566
00:14:06,622 --> 00:14:07,664
but, let's
be clear.

567
00:14:07,664 --> 00:14:08,914
So there's no
misunderstanding.

568
00:14:08,914 --> 00:14:09,884
Nobody thinks
they have

569
00:14:09,884 --> 00:14:10,964
an exclusive
license.

570
00:14:11,206 --> 00:14:12,841
And then we've
just cleaned

571
00:14:12,841 --> 00:14:14,754
up to make
sure that

572
00:14:14,764 --> 00:14:16,054
the license
that you

573
00:14:16,054 --> 00:14:17,224
have granted
them in your

574
00:14:17,224 --> 00:14:18,524
preexisting
material is

575
00:14:18,614 --> 00:14:20,694
only, for their
use and their

576
00:14:20,694 --> 00:14:21,494
use alone.

577
00:14:21,674 --> 00:14:22,707
They can't
transfer it.

578
00:14:22,707 --> 00:14:24,047
They can't sub
license it.

579
00:14:24,241 --> 00:14:24,877
They can't
create

580
00:14:24,887 --> 00:14:27,137
derivatives and
it is for their

581
00:14:27,147 --> 00:14:28,057
internal use.

582
00:14:28,477 --> 00:14:29,367
And, you know,
I'm making

583
00:14:29,367 --> 00:14:30,557
the assumption
that the

584
00:14:30,557 --> 00:14:31,347
deliverables
for their

585
00:14:31,347 --> 00:14:32,354
internal use
most of the

586
00:14:32,354 --> 00:14:33,414
things that
we do for

587
00:14:33,414 --> 00:14:34,907
clients is,
to help them

588
00:14:35,081 --> 00:14:36,757
inside their
businesses it's

589
00:14:36,757 --> 00:14:37,387
not something
that they're

590
00:14:37,387 --> 00:14:39,287
reselling and
so make that

591
00:14:39,297 --> 00:14:41,207
very clear in
the license

592
00:14:41,567 --> 00:14:42,607
so that if
they want to

593
00:14:42,607 --> 00:14:43,847
do something
else with it,

594
00:14:44,011 --> 00:14:45,054
they want to
use it with,

595
00:14:45,141 --> 00:14:46,851
an affiliate,
or they want

596
00:14:46,871 --> 00:14:48,704
to somehow
incorporated

597
00:14:48,704 --> 00:14:49,484
in something
that they're

598
00:14:49,484 --> 00:14:50,114
going to sell.

599
00:14:50,271 --> 00:14:51,361
You want to
make sure that

600
00:14:51,361 --> 00:14:53,601
your fee is
consistent with

601
00:14:53,681 --> 00:14:55,027
the breadth
of the use

602
00:14:55,257 --> 00:14:56,517
that they're
looking for.

603
00:14:56,744 --> 00:14:59,297
these are all
very reasonable

604
00:14:59,307 --> 00:14:59,987
requests.

605
00:15:00,221 --> 00:15:01,961
people often
ask me, I don't

606
00:15:01,961 --> 00:15:03,501
know if I'm
allowed to ask

607
00:15:03,501 --> 00:15:04,261
for changes.

608
00:15:04,547 --> 00:15:05,854
You are
allowed to ask

609
00:15:05,864 --> 00:15:06,564
for changes.

610
00:15:06,771 --> 00:15:07,687
=, they just
need to be

611
00:15:07,727 --> 00:15:09,767
reasonable
and to be very

612
00:15:09,767 --> 00:15:10,907
clear that
you're simply

613
00:15:10,917 --> 00:15:12,301
trying to
protect your

614
00:15:12,301 --> 00:15:13,554
intellectual
property, but

615
00:15:13,554 --> 00:15:14,724
you do want to
make sure that

616
00:15:14,724 --> 00:15:16,084
they have the
rights to do

617
00:15:16,094 --> 00:15:19,141
what they need
to do with your

618
00:15:19,211 --> 00:15:20,081
deliverables.

619
00:15:20,421 --> 00:15:22,311
And so, with
that, that's

620
00:15:22,311 --> 00:15:23,021
what I wanted
to talk to

621
00:15:23,021 --> 00:15:24,487
you guys about
with that.

622
00:15:24,527 --> 00:15:27,251
I am happy
to take your

623
00:15:27,281 --> 00:15:28,301
questions
and you can

624
00:15:28,341 --> 00:15:29,281
pop them in
the chat.

625
00:15:29,431 --> 00:15:30,501
and also, you
can always

626
00:15:30,531 --> 00:15:32,001
find me if you
have any follow

627
00:15:32,001 --> 00:15:33,714
up questions,
on LinkedIn,

628
00:15:33,734 --> 00:15:35,124
please feel
free to connect

629
00:15:35,124 --> 00:15:36,361
with me there
and then the

630
00:15:36,361 --> 00:15:37,631
recording
will also

631
00:15:37,631 --> 00:15:39,341
be available
there as well.

632
00:15:39,521 --> 00:15:40,391
So I'll hang
around for a

633
00:15:40,391 --> 00:15:41,191
minute to see
if you have

634
00:15:41,191 --> 00:15:41,681
any questions.

635
00:15:42,104 --> 00:15:43,137
Otherwise, I
thank you for

636
00:15:43,137 --> 00:15:43,767
joining me.

637
00:15:44,027 --> 00:15:44,667
All right,
guys.

638
00:15:44,667 --> 00:15:46,637
Well, thank
you again.

639
00:15:46,677 --> 00:15:48,834
And if anything
comes up, you

640
00:15:48,844 --> 00:15:50,674
know where to
find me and I

641
00:15:50,674 --> 00:15:51,614
look forward
to next time.

642
00:15:51,614 --> 00:15:53,021
Don't forget,
the last

643
00:15:53,051 --> 00:15:54,887
Wednesday of
every month, at

644
00:15:54,887 --> 00:15:56,207
noon Eastern.

645
00:15:56,382 --> 00:15:58,334
And I do take
requests.

646
00:15:58,394 --> 00:15:59,964
So if there's
ever a topic

647
00:15:59,984 --> 00:16:01,464
that you want
me to address,

648
00:16:01,737 --> 00:16:03,364
on a live,
just shoot it

649
00:16:03,364 --> 00:16:04,957
over to me and
I'd be happy

650
00:16:04,957 --> 00:16:05,467
to do that.

651
00:16:05,647 --> 00:16:06,129
Thanks.

652
00:16:06,417 --> 00:16:07,274
And then
that's, where

653
00:16:07,274 --> 00:16:08,814
you can find
me as well.

654
00:16:08,966 --> 00:16:10,084
I'm online.

655
00:16:10,326 --> 00:16:10,569
All right.

656
00:16:10,569 --> 00:16:11,369
Thanks guys.

657
00:16:11,582 --> 00:16:12,232
See you
next month.