The Busy Creator Podcast with Prescott Perez-Fox

The Busy Creator 36, Intellectual Property & Legal Issues for Creative Pros with Attorney & Educator Kelley Keller

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Kelley Keller (@KelleyKeller) is an Intellectual Property Attorney & Education, and founder of The Keller Law Firm. She’s also the creator of Innovation to Profits, an online educational resource for anyone with creative, valuable ideas.

This legal-focused conversation discusses the types of IP, how portfolios must be handled, competition in the age of the Internet, Fair Use, and other legal matters important for creative pros in business.

 

Show Notes & Links
  • F.U.D.
  • Intellectual Property, a definition
  • IP is “controlling the movement of knowledge throughout the marketplace” ← Click to Tweet
  • Types of IP: Brand Names/Trademarks, Copyrights, Patents, Trade Secrets
  • The Coca-Cola formula, the world’s most famous Trade Secret
  • The Portfolio, a body of work for a creative pro
  • Work-for-hire relationship (common for employees)
  • Employer owns the work, employees need permission
  • Non-compete and non-solicitation agreements are governed by Employment Law, at the State level
  • “An ounce of prevention is worth a pound of cure.” ← Click to Tweet
  • Brand X
  • As for your original logo, you have responsibility to protect and to police
  • The Digital Millennium Copyright Act (DMCA), and its Takedown Notices
  • The US Copyright Act of 1976 says, essentially, the moment you create something, you own the copyright (assuming it’s copyrightable (original, independent, etc.)) 
  • The difference between a “trade name” and a Trademark. The trade name is the legal name of your business at the State level; Trademarks are marketplace identities, and must be cleared on the Federal level. 
  • 1099 and W-9 forms, Tax forms for outside contractors
  • Nissan Motors v. Nissan Computer
  • Captain Fantastic Faster Than Superman Spiderman Batman Wolverine The Hulk And The Flash Combined
  • Apple Computer v. Apple Corps Records aka “Why aren’t the Beatles on iTunes?”
  • US Olympic Committee v. Olympic Gyro
  • Colleges Tell High Schools Logos Are Off Limits
  • Agents and officers seize more than $4.8 million in fake NFL merchandise and seize 307 websites during ‘Operation Fake Sweep’
  • Washington Redskins Mascot Controversy
  • Washington Redskins Change Their Name To The D.C. Redskins
  • Redskins defend name, ask federal court to overturn trademark decision
  • USPTO Design Codes
  • Lady Gaga stole the song “Judas”, claims singer/songwriter
    • Tools
    • USPTO.gov, the website for the US Patent & Trademark Office, where you can do a search.
    • Behance, which hosts portfolios
    • Copyright.gov
      • Techniques
      • Be proactive with new contracts and agreements; get an attorney to review 
      • Set up Google Alerts for brands/trademarks
      • Hire a junior staffer to search for your brand online
        • Get The Episode
        • Download The Busy Creator Podcast, episode 36(MP3, 58:54, 28.3 MB)
        • Download The Busy Creator Podcast, episode 36(OGG, 58:54, 48.1 MB)

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          The Busy Creator Podcast with Prescott Perez-FoxBy Prescott Perez-Fox & friends