Unspoken Terms

Today’s episode is a gem-filled interview with Bonnie Bakhtiari of B is for Bonnie Design. Casey and Bonnie chat about everything from brand strategy to the common mistakes that Bonnie sees her clients make at the beginning of their business journeys.

Bonnie shares some of the roadblocks she has encountered, like imposter syndrome and the belief that success is in the hustle. She also shares some of the legal mishaps she’s had along the way and how not to miss out on your life while you're trying to build your business.

Whether you’re building a brand or maintaining one, you don’t want to miss this one! Make sure you have your pen and paper ready!

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Meet our Guest

Bonnie Bakhtiari is a brand designer, strategist, and educator for creative women entrepreneurs. She specializes in empowering her clients to create purposeful brands that powerfully impact their bottom lines without sacrificing intentionality. She's based in beautiful Waco, Texas with her husband and their two golden retrievers.

Connect with Bonnie

Instagram

Facebook

Website

Email

Show Notes

[0:36] – Casey opens the episode with some background information about Bonnie.

[3:08 – The interview begins.

[3:24] – Bonnie talks about what she does as a brand designer and business coach.

[4:40] – Casey asks Bonnie how she got into the branding space. Bonnie talks about her unconventional journey to where she is today.

[10:10] – Casey askes Bonnie to explain how strategy ties into visual branding.

[15:44] – Bonnie talks about the tips she gives her clients as they begin to implement the design assets she has created for them. She talks about why it’s important to stay on your own path and avoid the comparison game.

[20:24] – Casey asks what common mistakes Bonnie sees entrepreneurs make as they are getting started.

[25:12] – Casey asks Bonnie about the roadblocks she has run into on her journey as an entrepreneur.

[33:18] – Bonnie talks about the importance of having contracts in business. She shares that she had some assumptions that in the beginning that got her into some tight places, so she had to revamp her client contracts. 

[37:54] – Casey asks Bonnie what made her aware that she needed contacts from the very beginning.

[42:08] – Casey asks if Bonnie has any tips for designers who are trying to grow their brand and increase their income sustainably.

[46:22] – Casey asks how listeners can connect with Bonnie.

Resources mentioned during this episode:

Bonnie’s Free Training

Bonnie’s Podcast

Meet our Host

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that by sharing the stories of successful entrepreneurs and influencers to help you learn from their mistakes. But occasionally, like today, switches things up and highlights popular culture. 

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If you have a podcast or are interested in starting one, today’s episode is for you! Casey chats with Ahyiana Angel about all things podcasting and entrepreneurship. There are so many gems for business owners and anyone looking to transition from where there are to something that is fulfilling and in line with their purpose and passion.

Ahyiana shares cautionary anecdotes and lessons learned over the years. You don’t want to miss this conversation!

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Meet our Guest

Ahyiana Angel is the Founder of Mayzie Media, a podcast production company, and host of the personal growth podcast Switch, Pivot, or Quit®. She is also a traditionally published author and speaker, who for her proven track record of success and dedication to her craft, has been invited to speak at companies and conferences including Google, Spotify, Create & Cultivate, Tech Inclusion, and more. Ahyiana and her work have been featured by Apple, Forbes, Entrepreneur, and Girlboss among others. Quit Playing Small is her latest buzzed-about book that's a must-have for the ambitious person's morning routine.

Connect with Ahyiana

Instagram

Website

Show Notes

[0:36] – Casey opens the episode with a little background about Ahyiana.

[4:34] – The interview begins.

[5:00] – Ahyiana shares a little more about who she is and what she does.

[7:26] – Casey asks Ahyiana what drew her to the podcast space.

[11:26] – Casey asks Ahyiana how corporate podcasting is different from consumer podcasting, and they talk about the benefits of internal podcasts for corporations.

[16:20] – Ahyiana shares tips for new podcasters.

[19:28] – Casey asks about Ahyiana’s transition from corporate to entrepreneurship.

[27:50] – Ahyiana talks about her recent book, Quit Playing Small, and how it came to be.

[32:12] – Casey asks Ahyiana to share any legal or financial lessons she’s learned along the way.

[39:10] – Casey asks Ahyiana how her business has changed due to the global pandemic.

[42:18] – Ahyiana shares some last tips for entrepreneurship.

Resources mentioned during this episode:

Get Ahyiana’s Book

Meet our Host

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that by sharing the stories of successful entrepreneurs and influencers to help you learn from their mistakes. But occasionally, like today, switches things up and highlights popular culture. 

Subscribe

Website | Apple | Stitcher | Spotify

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that by sharing the stories of successful entrepreneurs and influencers to help you learn from their mistakes. But occasionally, like today, switches things up and highlights popular culture. 

Subscribe

Website | Apple | Stitcher | Spotify

Key Takeaways

• Handshake deals and verbal agreements are a hard no. There are numerous public receipts that attest to this fact. There is just too much room for miscommunication and misunderstanding. Don’t do it!

• Understand manager’s commission
• 1. Commission percentage (10-20%)
  2. Commissionable income
  3. Post-term commission (sunset clause)

• It’s important to stay in sync with your manager and the creative process. 

Show Notes

[0:38] – Casey opens the episode by saying, welcome back!

[3:45] – Casey introduces the Chance the Rapper dispute.

[4:25] – A brief background of the dispute:

Chance the Rapper and his former manager are feuding in a high-profile dispute over the manager’s April 2020 firing in the wake of the Chicago hip-hop star’s disappointing album and concert ticket sales.

In a lawsuit filed in Illinois on Nov. 30, 2020, Pat Corcoran, the former manager, is suing the rapper for a breach of contract, alleging he is owed millions in management commissions and unreimbursed expenses.

In a statement, the legal team for Chance the Rapper, whose real name is Chancelor Bennett, said that “Mr. Corcoran has been paid all of the commissions to which he is legally entitled” and that “most of the complaint consists of self-serving and fabricated allegations.” 

The dispute is a surprise for many in the music business because of how closely Mr. Bennett and Mr. Corcoran have worked over the past decade to build the 27-year-old rapper’s reputation as one of the most famous and successful independent artists.

Related Article: https://www.wsj.com/articles/chance-the-rapper-sued-by-former-manager-11607127219

[7:06] – Some specifics of this case:

• One of the central claims of Corcoran’s lawsuit is this one: “In or around June 2013, Corcoran and Bennett entered into an oral agreement pursuant to which Bennett promised to pay Corcoran fifteen percent (15%) of the net profits on all revenues generated by CTR, Cool Pop Merch and CTR Touring in exchange for Corcoran’s management service.”
• Corcoran says that he is still owed for a number of unpaid commissions across Chance’s businesses that in total amount to more than $3 million. 
• Corcoran claims he should legally be paid a 15% net income post-term commission from Chance’s recorded music, merch, and touring for three years after the point the manager’s contract was terminated (on April 27, 2020).
• Pat Corcoran also claims that Chance the Rapper fired him and replaced him with his father Ken and brother Taylor Bennett due to “fan disappointment in Bennett’s most recent album [The Big Day] and underwhelming fan support for its associated tour.” Corcoran and Chance’s relationship apparently began to fissure when Chance, in February 2019, announced a July release date for his debut album. Corcoran expressed serious concern with the projected release date Bennett had unilaterally announced for the album. Corcoran knew that in view of the commitments Bennett had in early 2019—including his own wedding—it was likely there was not enough time for the creative process that was involved in releasing an album, and Corcoran advised Bennett in that regard. Corcoran opposed announcing the release of any album before the recording or writing process even began, let alone was substantially completed. Compounding the issue, Bennett’s recording efforts were compromised by unproductive and undisciplined studio sessions. Procrastination and lackadaisical effort, perpetuated by various hangers-on uninterested in the hard work of writing and recording, resulted in a freestyle-driven product of sub-par quality, a complete deviation from the meticulous writing process that brought Bennett fame for his wordplay and wit. Instead of acknowledging the numerous distractions and artistic compromises that inevitably resulted from the time wasted in the studio, all of which contributed to a lackluster album evidenced by historically low ticket sales, Bennett ultimately blamed Corcoran for the judgment rendered by his fan base rather than accept that his own lack of dedication had doomed the project.
• Corcoran says he recommended Chance “step away from the public and regroup” instead of performing on Ellen, Good Morning America, and The Late Show With Stephen Colbert. Corcoran claims that the TV appearances “only forced Bennett to publicly address his album’s shortcomings, rather than generate excitement about a newly-released album, which is what such appearances are calculated to do. These appearances served only to further exacerbate the failure of The Big Day.” 

Related Article: https://pitchfork.com/news/chance-the-rapper-ex-manager-sues-for-millions-trashes-the-big-day/

[12:20] – Key Takeaways

• Handshake deals and verbal agreements are a hard no. 
• Understand your manager’s commission
• It’s important to stay in sync with your manager and the creative process. 

Resources:

Check out my contract templates

Join My Newsletter Email List

Clubhouse: @contractcasey

Subscribe

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Today’s episode is an enlightening conversation between Casey and Genecia Alluora! They talk about everything from humble beginnings to building international teams and managing it all while living the life you want. 

They talk about the many transitions that Genecia has had along her entrepreneurial journey and all of the lessons she’s learned. As usual, they chat about the legal mishaps that Genecia has run into, to top off a very inspirational and empowering episode. You don’t want to miss this case study in knowing what you want any going after it, full force!

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Meet our Guest

Genecia Alluora is former Miss Singapore and Southeast Asia Woman of Excellence 2010. She is the Founder of Soul Rich Woman, the #1 female entrepreneur network in Southeast Asia that connects more than 200,000 women across the region, including Singapore, Malaysia, the Philippines, Vietnam, and Indonesia. With the Soul Rich Woman Blueprint, she has coached and mentored thousands of women to bring their business and leadership online. Her goal is for women to own and love the F-word: Being Fabulous, Having Freedom, Financial Independence, and Family. She is also the host for 2 podcasts “For Women Who Love The F Word” with listeners in 131 countries and a daily 10 minutes marketing podcast “Soul Why”.

Before establishing Soul Rich Woman, Genecia was an owner of a cafe retail chain with a presence in 3 countries with 18 franchisees and licensees that successfully exited to a public listed company after 4 years. 

Connect with Genecia

Instagram

Facebook

Website

LinkedIn

Pinterest

Show Notes

[3:56] – The interview starts with Genecia introducing herself.

[5:02] – Casey asks Genecia how she manages all of the hats she wears.

[8:10] – Genecia talks about how she got started in entrepreneurship.

[12:06] – Casey asks Genecia about her interesting start in entrepreneurship as the youngest line dancing instructor in Singapore.

[14:36] – Genecia talks about her transition from healthcare to Miss Singapore and being an entrepreneur.

[20:50] – Casey asks Genecia to share some common mistakes she sees entrepreneurs making when they first start.

[24:24] – Genecia talks about difficulties that entrepreneurs have with finding their niche and focusing on that niche.

[27:40] – Casey asks Genecia what systems she uses to keep her international team on track.

[32:06] – Genecia shares some of the legal issues she has run into in her journey as an entrepreneur.

[36:12] – Casey asks Genecia if she’s had to shift her business to survive during the global pandemic.

[38:38] – Genecia shares some last tips and resources for entrepreneurs.

Resources mentioned during this episode:

Get Genecia’s Free Book

Free Delegation Workbook

For Women Who Love the F Word Podcast

Meet our Host

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that by sharing the stories of successful entrepreneurs and influencers to help you learn from their mistakes. But occasionally, like today, switches things up and highlights popular culture. 

Subscribe

Website | Apple | Stitcher | Spotify

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that by sharing the stories of successful entrepreneurs and influencers to help you learn from their mistakes. But occasionally, she switches things up and highlights popular culture or educates listeners on how to get the legal side of entrepreneurship in place.

Subscribe

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Key Takeaways

• Don’t wait until there’s an issue with your contract or agreement to find a good lawyer or legal resource.
• Choose a lawyer who you like personally and can trust professionally.
• Know the type of lawyer you need to work with and be clear about the services they provide before you get involved

Show Notes

[2:26] – Casey highlights the importance of having a lawyer or contracts in place from the very beginning of your business journey.

[4:34] – Next, Casey shares some things to keep in mind when choosing a lawyer.

• Choose someone you’re comfortable with.
• Choose someone who offers the services you desire.
• Choose someone who specializes in your area of need.

[7:45] – Casey clarifies that her firm, C. Handy Law, specializes in Entertainment and Intellectual Property contracts.

[9:16] – Entertainment Lawyers

• Entertainment lawyers represent clients in the entertainment industry.  Their clients could be individuals, like singers, or companies, like record agencies.  Their work involves a lot of business deals.  Most entertainment lawyers negotiate and draft many contracts and frequently deal with intellectual property issues like trademarks and copyrights.

• Who might need this lawyer: Music artists, Actors, Influencers, Internet Personalities

[11:22] – Digital Media and Internet Lawyer:

• This type of lawyer deals with more than just internet law – they deal with all sorts of legal issues that arise out of the use of digital platforms like mobile phones, tablets, and computers as well as the internet.  Issues range from ensuring a website complies with the law, or dealing with privacy complaints, to advising entities about how they can and cannot use tracking tools in their apps and on their websites. 

• These lawyers would not be who to talk to about your contract and agreement disputes.

• Who might need this lawyer: Bloggers, Youtubers, Anyone using the internet

[13:12] – Tax Lawyer:

• Taxes can be complicated, especially for creative entrepreneurs. Still, it’s the work of the tax lawyers, along with the accountant, to make it uncomplicated for their clients, especially if they have many assets.
• Tax lawyers may also help businesses or individuals with their disputes with the IRS. Ideally, this should be a lawyer who’s also familiar with litigations and court proceedings. 

[15:02] – Intellectual Property Lawyer:

• IP lawyers specialize in helping to secure creative, scientific, or technical inventions and creations. This is who you’d want to talk to about copyrights, patents, trademarks, and licensing agreements. 

• Much of the work of IP lawyers is to provide legal advice to clients on the commercial viability and marketing mechanisms of their creation. They need to have expert knowledge in both business and innovation trends.

• Not every IP lawyer can handle patents, so make sure you get a patent lawyer, if you need that.

• Who might Need this lawyer: Anyone who is creating original content, products, or media

[18:10] – Casey closes out with the key takeaways from this episode.

• Don’t wait until there’s an issue to find a lawyer.

• Choose a lawyer who you like personally and can trust professionally.

• Know the type of lawyer you need to work with and be clear about the services they provide before you get involved

Resources:

Register for the Signed. Sealed. Delivered. Webinar

Join My Newsletter Email List

Clubhouse: @contractcasey

Subscribe

Website | Apple | Stitcher | Spotify

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that through sharing the stories of successful entrepreneurs and influencers to help you learn from their mistakes. But occasionally, like today, switches things up and highlights popular culture. 

Subscribe

Website | Apple | Stitcher 

Key Takeaways

• You need good contracts, and a lawyer never hurts! This case is a prime example of people being taken advantage of for lack of knowledge and representation. These men should have been reaping the benefits of their creative work for decades, but they did not have the proper legal protections in place.

• Be careful with work for hire agreements. As a creative, you always want to be very clear about the copyright agreements that you sign. Your number one priority should be to know how your intellectual property can be used and the rights you give to users.

• It’s rarely too late to assert your rights. If you believe that your rights have been violated, seek legal advice!

Show Notes

[0:54] – Casey shares a few recaps from the last couple of weeks and some new resources and content to come.

[7:16] – Casey talks a little about why understanding Copyright Laws is important.

[7:16] – A brief background of the dispute:

• This is Spinal Tap co-creators Harry Shearer, Rob Reiner, Michael McKean, and Christopher Guest sued Vivendi in 2016. The headline-making allegation was that despite decades of cult success, the creatives had just $81 in merchandising income and $98 in musical sales income from their work on the 1984 rockumentary. They alleged "Hollywood accounting" sins, Vivendi bungling trademark rights, and more. The four demanded hundreds of millions in damages plus hoped to reclaim Spinal Tap by exercising termination rights under the Copyright Act.

Related article: https://www.hollywoodreporter.com/thr-esq/spinal-tap-creators-settle-rights-dispute-with-studiocanal

[11:58] – Understanding Copyright Termination Rights:

• The Copyright Act permits authors or their heirs, under certain circumstances, to terminate the exclusive or nonexclusive grant of a transfer or license of an author’s copyright in a work or of any right under a copyright.

• These provisions are intended to protect authors and their heirs against unremunerative agreements.

• If a work is made for hire, an employer is considered the author even if an employee created the work. The employer can be a firm, an organization, or an individual. The concept of “work made for hire” can be complicated.

Related Article:

 https://www.copyright.gov/circs/circ09.pdf

[14:42] – Specifics of the case, now:

• The creators of This Is Spinal Tap have settled the copyright dispute with Universal Music Group. According to the settlement, Universal Music Group will continue to distribute Spinal Tap’s music, although “eventually the rights will be given to the creators. The parties look forward to making these beloved recordings available to existing and new Spinal Tap fans for years to come.” 

• While the deal settles Spinal Tap’s dispute with UMG, the band’s complaints against StudioCanal and executive Ron Halpern have not been resolved. That complaint involves a breach of contract, fraud, and anti-competitive business practices related to the management of film rights.

[15:40] – Key Takeaways

• Protect yourself from the beginning! Understand the contracts you use!
• Be careful with work for hire agreements.
• It’s rarely too late to assert your rights.

Resources:

Join My Newsletter Email List

Clubhouse: @contractcasey

Subscribe

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Today, Casey chats with serial entrepreneur and founder of the Atlanta Greek Picnic, Tiwa Works. They talk about everything from entrepreneurship and event planning, to real estate, investments, and government contracts, and the importance of networking in all of those spaces.

Listen in for how Tiwa has built several sustainable businesses since he was 16 years old and how he has been a successful serial entrepreneur. Tiwa shares how he has leveraged the opportunities that just came to him to propel himself to success. He also shares some of the biggest business lessons he’s learned over the years.

This is an episode that you don’t want to miss if you want to have legacy and impact in business, as an entrepreneur!

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Meet our Guest

Known for his innovative entrepreneurial endeavors, his passionate leadership, and community engagement, Tiwa Works has created a lasting impression on industries worldwide – from Atlanta, Georgia to Lagos, Nigeria.

The British-born Nigerian, credits his hard-working parents and discipline for helping to develop his keen business acumen and successful portfolio. While pursuing his Bachelor of Arts degree in Computer Information Science at Georgia Southwestern State University, Works was initiated into Kappa Alpha Psi Fraternity, Inc. and volunteered with numerous service organizations. Here is where he cultivated his interest in live events and providing unmatched experiences.

Immediately after graduating, Works combined his love for music, experience as a college DJ and his network-savvy mindset to take his gifts to the next level with the founding of Tiwaworks, an upscale event and marketing company. While Works’ projects encompass a variety of entertainment offerings, special guests, seamless activations, and Grammy-nominated artists, his most impressive implementation is the Atlanta Greek Picnic. Heading into its 17th year, Atlanta Greek Picnic empowers, enlightens, reaches and unites all those of The Divine Nine organizations to build relationships within the National Pan Hellenic Council (NPHC) and use these relationships to serve their communities.

Connect with Tiwa

Instagram

Facebook

Twitter

LinkedIn

Website

Email

Show Notes

[3:46] – Casey gives some background information about Tiwa.

[7:30] – The interview begins.

[8:10] – Tiwa talks a little more about who he is and what he does.

[9:24] – Casey asks what sparked Tiwa’s entrepreneurial spirit as a young man.

[14:06] – Tiwa and Casey talk about some of his biggest business takeaways from doing the Atlanta Greek Picnic for over a decade.

[17:40] – Tiwa talks about the differences in how business is done here in the US and in other countries.

[21:42] – Casey asks how Tiwa has pivoted in business, to deal with the limitation of the pandemic.

[25:54] – Tiwa talks about how he manages having multiple businesses and giving value in all of them, on the back end.

[31:50] – Casey asks Tiwa if there is a key component that has helped Tiwa connect with so many people, celebrities, and brands.

[36:06] – Tiwa shares some of his biggest business missteps and the lessons he’s learned from them.

[45:10] – Casey asks what advice Tiwa has for folks who really need money and are considering taking the shady deal.

[50:00] – Tiwa shares the mindset routines he practices to maintain his faith and success.

Meet our Host

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that through sharing the stories of successful entrepreneurs and influencers to help you learn from their mistakes. But occasionally, like today, switches things up and highlights popular culture. 

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Today, Casey recaps an Instagram live that she did with Jordan Gill in November of 2020. Jordan shared some great insights into the power of VIP Days in service based business and how they can help to scale a business. 

Jordan and Casey get into the ins and outs of this business model, scaling your business, and the legal side of this type of service. So, if you have been thinking about implementing this type of offering, you don’t want to miss this episode!

Subscribe

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Meet our Guest

Jordan Gill, operations consultant and founder of Systems Saved Me, helps overworked one-woman shows become streamlined solopreneurs. Her jam is creating a cohesive operating system for managing your tasks, files and inbox. She’s been on podcasts like What Works and CEO Vibes sharing her love of replacing monthly retainers with one day virtual intensives. She currently lives in Dallas TX with her cavapoo Vivienne and collection of 1,000 piece jigsaw puzzles.

Connect with Jordan

Instagram

Facebook

Website

Pinterest

Show Notes

[1:20] – A little background on this interview and the benefits of implementing VIP Days in your service based business.

[7:40] – The IG live replay starts.

[8:54] – Jordan introduces herself and talks a little about how she got started with VIP Days and what they are.

[13:32] – Casey asks Jordan how implementing VIP Days has changed her business and wiped out burnout.

[15:50] – Jordan asks how Virtual VIP Days are different from in person VIP Days.

[18:24] – Jordan shared the three types of VIP Days.

[23:20] – Casey asks Jordan why it’s important to have a contract for the VIP Day business model.

[28:30] – Jordan shares a VIP Day experience that shook her and highlighted the need for a contract. 

[35:32] – Casey asks Jordan about the systems that need to be in place before you start offering VIP Days.

[37:50] – Jordan shared some VIP Day conversion killers.

[43:10] – Jordan closes out by sharing how she has marketed her VIP Days without sales pages. 

Resources mentioned during this episode:

VIP Day Intensive Agreement Template

Virtual VIP Day Boot Camp

VIP Day Roadmap

VIP Day Agreement Checklist

Meet our Host

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that through sharing the stories of successful entrepreneurs and influencers to help you learn from their mistakes. But occasionally, like today, switches things up and highlights popular culture. 

Subscribe

Website | Apple | Stitcher | Spotify

Today’s episode highlights the 12 Days of Contracts series that Casey is doing on social media. She shares insights into the basic elements that every contract needs and defines some of the common terms in contracts.

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Show Notes

[1:10] – Casey gives an overview her 12 Days of Contract Terms series.

[3:30] – Casey talks about what a contract is.

[5:00] – Casey gives some of the elements that need to be present to constitute a legally binding contract.

[9:43] – Casey explains breaches of contracts.

[12:00] – Casey highlights the importance of entering contracts as your business instead of your personal capacity.

[14:16] – Casey clarifies disclaimers.

[16:22] – Casey shifts to talking about how to define the scope of the services offered in a contract.

[18:46] – Casey wraps up by talking about negotiating contracts.

Meet our Host

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that through sharing the stories of successful entrepreneurs and influencers to help you learn from their mistakes. But occasionally, like today, switches things up and highlights popular culture. 

Subscribe

Website | Apple | Stitcher | Spotify

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that through sharing the stories of successful entrepreneurs and influencers to help you learn from their mistakes. But occasionally, like today, switches things up and highlights popular culture. 

Subscribe

Website | Apple | Stitcher 

Key Takeaways

• Understand the contracts you use! In this case, an NDA needs to include every possible party in order to really work. Just because an NDA was signed by some parties in this matter, the loophole was that the vital party was not included in the contract.

• Which brings me to the next point: Know your rights! Discovery exploited that oversight, in this case and it was legally within their rights. Morals and reasonable qualms aside, they did not break any agreements here.

• Understand your constituted rights! In cases like these, it can be easy to fold when you don’t understand the basic rights that all individuals and entities are afforded under the constitution. We’re hearing a lot about the First Amendment, these days, because freedom of speech is a hot topic in politics and popular culture. If you are not familiar with the constitution, now would be a great time to brush up!

Show Notes

[4:25] – A brief background of the dispute:

• Back in September while the country was abuzz about the presidential debates, Discovery Channel was in the midst of a legal battle about an Abraham Lincoln Documentary called, Undiscovered: The Lost Lincoln. Which centers around a never before seen photograph of Lincoln on his deathbed. This documentary has since aired, but it wasn’t without a fight! Discovery Channel had to overcome a temporary restraining order that was meant to block the airing of the documentary, due to an NDA.

[9:16] – How the First Amendment comes into play in this case:

• On 10/2, a judge denied a TRO. "The Lost Lincoln is speech protected by the First Amendment and by the prior restraint doctrine," writes U.S. District Court Judge . "The Lost Lincoln also constitutes speech on a matter of public concern... Plaintiffs argue that the prior restraint doctrine does not protect a party who has bargained away First Amendment rights by contract. However, it is undisputed that Discovery, the only party against whom injunctive relief is presently sought, is not a party to a non-disclosure or confidentiality agreement with Plaintiffs.""

Related article: 

https://www.investopedia.com/articles/investing/041315/how-ndas-work-and-why-theyre-important.asp

[10:40] – What is an NDA and how does it work?

• A non-disclosure agreement, or NDA, is a legal document that keeps the lid on such sensitive information. These agreements may be referred to alternatively as confidentiality agreements (CA), confidentiality statements, or confidentiality clauses, within a larger legal document.

• The exact nature of the confidential information will be spelled out in the non-disclosure agreement. Some NDAs will bind a person to secrecy for an indefinite period of time so that at no point in time can the signer divulge the confidential information contained in the agreement. Without such a signed agreement, any information disclosed in trust can be used for malicious purposes or be made public accidentally. The penalties for breaking an NDA are enumerated in the agreement and may include damages in the form of lost profits or possibly criminal charges.

Related Article:

https://www.investopedia.com/articles/investing/041315/how-ndas-work-and-why-theyre-important.asp

[15:38] – Key Takeaways

• Understand the contracts you use!
• Know your rights! Discovery exploited that oversight, in this case and it was legally within their rights.
• Understand your constituted rights! Contracts go beyond the page. The government can play a role in how your contracts are inforced.

Resources:

Chat With a Legal Expert

NDA Template

Protect Your Assets: A Legal Guide for Online Entrepreneurs

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