Tech Law Podcast
By Tech Attorney Enrico Schaefer
Tech Law PodcastMar 09, 2018
What You Need to Know about Non-Fungible Tokens (NFTs)
NFTs are being used to store smart contracts and authentication for digital artwork and other digital assets. A record is created on the blockchain that records a transaction associated with meta-data. Meta-data is usually going to be a URL that links to a digital asset, say a digital picture or a digital video. So, when an NFT gets put onto the blockchain, it records the terms and authentication of the transaction related to that digital image. It's like a digital signature. Like an artist who signs a painting. That signed painting is going to be worth a lot more than a print copy or an unsigned version of that painting. just like in the real world, the signature of the creator creates scarcity. The scarcity that's driving market prices into the thousands, tens of thousands, hundreds of thousands, and millions of dollars for a single NFT auction.
Influencer Marketing: How influencers, brands, marketing agencies and talent agents fail to get it right.
If you are in the influencer marketing space, you know that the results can be dramatic. A celebrity endorsement or influencer post can put revenue in your pocket in real-time. As an attorney who specializes in influencer marketing, I also often see how the stakeholders of the game fail to protect themselves. The various upstream and downstream contracts starting with the photographer all the way through the brand endorsement often fail to address the most basic issue. Permission.
In this episode, influencer and marketing agency attorney Enrico Schaefer discusses the keys to contract drafting in the influencer market.
The "Traverse Snapshot" helps corporate clients prioritize and work within budgets.
Traverse Legal, PLC is a national law firm that focuses on representation of companies at all stages of growth. In fact, we have an entire practice focused on providing fractional, right-sized outside general counsel services, namely TraverseGC. Since our founding, we know that the more organized a company, the better positioned to receive legal assistance. For us, that has meant we can prioritize legal spend in order to ensure our clients achieve a return on their legal investment. We also have experienced how being proactive in the attorney/client relationship can mitigate against, and potentially avoid, certain legal issues, not to mention enable your company to more efficiently seize opportunities. As a result, we have developed the Traverse Snapshot. It includes a curated outline of information so you can focus further on the following parts of your business: 1. Corporate 2. Intellectual Property 3. Contracts 4. Compliance 5. Litigation History We consider this the latest in how Traverse Legal is Changing the Way Law is Practiced.
Amazon Brand Registry - How to Submit Take-Downs to Protect Your Brand and Product
In this interview with David Maloney from https://sentinelbrandprotection.com about protecting your brands and IP using Amazon Brand registry,. In this episode you will learn.
- Knowledge of Amazon Brand Registry, benefits for your brand
- What to expect, how to be successful protecting your brand online
- Insights to online brand protection, how to know your product is copied or counterfeited, when to act, obstacles, and ROI
Read the Amazon Brand Registry show trascript here.
3 Things Every Influencer, Brand and Agency Need to Understand Before Doing An Influencer Deal
Licensing attorney Enrico Schaefer is here to tell you about the three things most overlooked by brands, influencers and agencies. Failure to fully appreciate these three things cause the most problems down the line, result in a loss of value and create risk of getting sued.
1. You are all in the licensing business. Licensing two things publicity rights and copyright.
2. What you must and must not do should be spelled out in detail. What the brand can and can not do should be defined by license.
3. Copyright law is not Switzerland. It is either your best friend or or your worst nightmare. Regardless, you all better understand copyright basics if you want to avoid risk and maximize opportunity.
Need to learn more about influence marketing and the law? Contact Traverse Legal, PLC.
2020 is the Year Lawyers Better Wake Up to The importance of Branding & Reputation
This podcast is about helping entrepreneurs grow their businesses. But today I want to talk about the legal market. In todays world of information and transparency, lawyers need to understand the value of their brand, and that their brand is tied to their reputation.
YOUR (Social Media Account) NAME is a Brand. Register your handle as a trademark.
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.
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.
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 www.TraverseGC.com 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 TraverseLegal.com
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.
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.
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.
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. https://www.youtube.com/user/prince/videos. Thank you for listening, please consider subscribing (we are going the crush content on building an idea economy company.
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.
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.
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 www.traverselegal.com for more information.
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?