Tech Law Podcast

Drafting Social Media Influencer Agreements. What You Need to Know.

An episode of Tech Law Podcast

By Tech Attorney Enrico Schaefer
Welcome to the Tech Law podcast, where founders and CEOs learn how to grow their asset value by accounting for legal risks and taking advantage of opportunities. We focus on real world ROI legal solutions presented by innovative attorneys who embrace new approaches to legal services. Learn more in this unique legal podcast.
More places to listen

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Turn YOUR (Social Media Account) NAME into a Brand Protected by Trademark Law.
If you are an influencer, you need to protect your name, or your social media handle, as a trademark.  Third parties are always trying to imitate you, your name or your handle for their own purpose.  Learn how to create your name as a brand and protect your reputation online. 
July 16, 2019
Wondering how to issue a subpoena to Facebook, Google, iTunes or Amazon?
In this episode,  Enrico Schaefer interviews attorney Mallory King about third party subpoenas in federal court.  If you have ever come up against a Stored Communications Act objection, or tried to get information from big platform providers, you need to listen to these tips. Mallory shares the nuances of getting the information you are looking for to support your federal claims and defenses.  It is about perseverance and expertise if you have any hope for success. 
July 11, 2019
What Every Founder Needs to Know about Fractional Legal Services
Looking for new and innovative approaches to secure the legal help your growing company needs?  In this episode attorney Brian Hall from discusses the benefits of an innovative approach to outside general counsel services, which Brian describes as fractional legal services.  Whether it's 1 day or 1 week each month, the client dictates the legal need, priorities and monthly legal budget.  TraverseGC offers fractional general counsel and legal services across a wide variety of practice areas for a fixed monthly price.  "Our law firm was once a start-up. As we’ve grown, we’ve experienced first-hand the importance of right-sized service providers. TraverseGC was created to provide the legal services necessary to help companies start, scale and grow in order to reach their potential."  Brian Hall, Co-Founder
June 26, 2019
Yes, Social Media Influencers Can Stop Media Outlets, YouTubers and Bloggers from Using their Instagram Photos.
Social Media Influencers Can Stop Media Outlets, YouTubers and Bloggers from Using their Instagram Photos. 
June 13, 2019
Litigation Tip Tuesday: No Lawyer Egos Allowed.
One of our most popular topics on the Tech Law Podcast involve Litigation Tips.  So we have reignited our litigation tips seocntio and rebranded as Litigation Tips Tuesday.  In this show, we discuss the challenges of putting your client first, especially in the ego-sport that is litigation.  That high charging, high-stakes practice area where lawyers stand on the front line of big risk.  How does a good trial lawyer know when they have allowed some other interest to trump their client's documented, prioritized goals.  How does a great trial lawyer see the other interests pulling at their decision making and compartmentalize it?  If you want my number one tip, I'll give it to you.  Be constantly aware of what goals are driving your decisions.   Run each scenario though the filter of each competing interest.  Then do what is in your client's best interest. It is easier said than done, but a greatest attorneys find a way to keep their ego, pride and financial interests on the shelf.  
June 11, 2019
What you need to know about a software code audit. Does your software contain third-party open source code?
You think about your software as lines of code.  An IP attorney sees your software as a copyright protected work, some of which belong to you and third party copyright protected code which belong to third parties.  How do you know if your software code contains copyright protected third party works?  In this episode, software licensing attorney and open source specialist Russell Gelvin explains what a software audit is, and how a software audit is conducted. Who owns the copyright to your code? Now, there's a lot of different issues we could dig into today, but today we're going to be talking about some very important aspects of doing due diligence on your software code. And the best way to do that is to do a software audit. And that means to actually do a line-by-line analysis of your code to make sure that you are not violating any third-party copyright notices, that you have the rights you think you do in your code, and to try and resolve any issues that you find. Russell is a licensing and software attorney for Travis Legal. He is an expert in software auditing. Welcome to the show, Russell.
June 7, 2019
How the Prince Estate is Winning IP: Positioning for long-term brand equity.
Prince left his estate a literal and virtual VAULT containing unseen video and audio creative works, other works and yet to be created works.   In this weekly installment of Tech Law Podcast, Prince super-fan Enrico Schaefer talks about what is shaping up to be one of the great brand stories of 2019.  It has been a slow (thoughtful?) to get off the dock, but we continue to see roll-out of what appears to be a thoughtful and cutting edge  branding strategy.  The Prince Estate has either carefully and brilliantly built a foundation for a fitting purple posthumous legacy.  Or, Prince's IP estate is so vast that it is simply inevitable even as expressed through court process and oversight.   Either way, of one of the great artists of our generation is being reincarnated through the expression of a content strategy that is working.    The fact that the estate may be financially upside down and tens of millions in expenses, means little.  I have seen the future [licensing opportunities].   And the future is Prince.   Check out the official YouTube Channel for Prince to see what professionally curated content and intentional branding looks like.  Thank you for listening, please consider subscribing (we are going the crush content on building an idea economy company.
June 1, 2019
Drafting Social Media Influencer Agreements. What You Need to Know.
If you are a social media influencer or online celebrity, you need to make sure that your social media influencer agreement protects you and your reputation.    Licensing someone's name and likeness Is serious business.   If you are a brand  looking to hire a social media influencer, you need to set expectations. In this podcast, attorney  Enrico Schaefer discusses  key contract terms that your Social Media Influencer Agreement needs to include.   Companies need to obtain the license rights they need to run their marketing campaign. Social media influencers need to make sure they are controlling how and where their name and likeness are being used by brands. Learn more by listening to this episode of Tech Law Radio. 
May 20, 2019
Online Infringement: Protecting your Goods from Unlawful Sales. (Brand protection attorney Mallory King)
Do you sell a good online?  Internet sales can be the largest portion of a company's revenue.  When you goods are being imitated, copied or stolen online, that hits your bottomline.  Suing someone on Amazon, PayPal, Apple App Store, eBay, or facebook for pawning off your goodwill is never the goal.  The goals is to take down the infringement ASAP.  The ROI of online brand protection can be  an easy way to increase asset value.   In this episode of Tech Law Radio, we talk to IP attorney Mallory King. Mallory provides you the basics of online brand protection, from monitoring, to strategy and timing, to threat letter tone, ... Mallory will give you the insights you need. 
May 5, 2019
CPG Attorney Lorrie Heath discusses funding, IP protection and growth strategies every consumer good company needs to consider.
Are you a Consumer Packaged Good company?  Whether you are a start-up or growth company in the CPG space, this podcast will get you thinking and answer some key questions critical to your success.  Contact Lorrie at for more information. 
May 2, 2019
What you need to know about open source software, copy left infringement and identifying licenses in your code.
Open Source software licensing attorney Russell Gelvin talks about the issues and risks facing open source software companies, and companies which include open source software in their code (which is just about everyone).  What happens if your proprietary software includes open source code with a copy left license?  How do you find out of your code includes open source software?  What do investors need to know when they conduct an audit of any technology company which has, programs or uses software? 
April 12, 2019
Why GDPR is the best thing to happen to your company in 2018.
Sure, GDPR compliance seems like a big pain, but it is really a great opportunity. Learn why in this podcast with EU GDPR attorney Yair Cohen.
December 18, 2018
Working with Local Counsel in State & Federal Litigation
Working with local counsel or co-counsel is always challenging. In this episode, we explore tips you will need to work effectively with other counsel.
November 21, 2018
Anticipating the arguments of adverse counsel
If you’re going to be a great trial attorney you have to do more than prosecute cases on behalf of your client. In order to litigate effectively, you need to anticipate the arguments and strategy of the other attorney. In this episode will discuss the importance of being strategic.
September 18, 2018
Great trial attorneys are true to themselves.
Being a great trial attorneys take advantage of their unique persona as part of their representation stretchy. Be true to yourself. Learn more by listening now.
April 28, 2018
What I learned at Paisley Park about being a trial attorney
I am a big prints fan. I just returned from Paisley Park for a day celebration on the anniversary of princes death. Here are some things that I learned about being a trial attorney at Paisley Park
April 25, 2018
Removing Emotion from the trial equation
You need to deal with a lot of variables when you are litigating the case on behalf of your client. One of the most important variables to aluminate is a motion. Whether it’s your clients emotion or your own emotion or ego, your ethical obligations require you to provide competent legal advice, not emotional reaction.
March 21, 2018
Keyword Advertising Infringement. Do I have a case?
Everything you need to know about keyword advertising and trademark infringement. Google, Yahoo and Bing all allow your competitors to bid on your trademark. But is the ad descriptive? What about the landing page?
March 9, 2018
Litigation as Art. Trial Attorneys as Artists.
That’s right. In this episode we’re gonna be talking about the concept that litigation is Art. You need to be like an artist painting a portrait. Taking advantage of the brushstrokes, the campus, the colors and the brushes in real time as you are painting the litigation picture. Taking advantage of all the artistic opportunities along the way.
March 2, 2018
Trial and litigation tips.
Complex litigation is challenging on many fronts. Your litigation team needs to be a cohesive unit. The lawyers need to be on the same page. The clients need to support the lawyers. Learn more in this episode
March 1, 2018
How Your Tech Company Should Respond to a Litigation Subpoena
If you are a technology, Internet or web company that receives a third-party subpoena, you typically have to act fast. In order to understand your options, you should contact a litigation attorney who specializes in technology company representation. Learn more about third-party litigation subpoenas in this episode.
March 1, 2018
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