stitcherLogoCreated with Sketch.
Get Premium Download App
Listen
Discover
Premium
Shows
Likes
Merch

Listen Now

Discover Premium Shows Likes

Unspoken Terms

64 Episodes

49 minutes | Mar 4, 2021
Episode 063: Elevating Your Visual Brand with Bonnie Bakhtiari
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!   Subscribe Website | Apple | Stitcher | Spotify   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.    Subscribe Website | Apple | Stitcher | Spotify  
47 minutes | Feb 25, 2021
Episode 062: Successful Pivots & Podcasts with Ahyiana Angel
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!   Subscribe Website | Apple | Stitcher | Spotify   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
28 minutes | Feb 18, 2021
Episode 061: Chance the Rapper Sued: A Handshake Deal Case Study
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 Commission percentage (10-20%) Commissionable income 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 Website | Apple | Stitcher | Spotify
41 minutes | Feb 11, 2021
Episode 060: Keeping Your Soul Enriched in Business with Genecia Alluora
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!   Subscribe Website | Apple | Stitcher | Spotify   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
23 minutes | Jan 21, 2021
Episode 059: What You Need to Know Before Choosing a Lawyer
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 Website | Apple | Stitcher | Spotify   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
22 minutes | Jan 14, 2021
Episode 058: This is Spinal Tap v. UMG Copyright Dispute - Understanding Copyright Termination Rights
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 Website | Apple | Stitcher 
57 minutes | Jan 7, 2021
Episode 057: Building Business Legacy with Tiwa Works
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!   Subscribe Website | Apple | Stitcher | Spotify   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.    Subscribe Website | Apple | Stitcher | Spotify
52 minutes | Dec 31, 2020
Episode 056: Jordan Gill on Scaling with VIP Days
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   Website | Apple | Stitcher | Spotify   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
22 minutes | Dec 24, 2020
Episode 055: The 12 Days of Christmas with Contract Casey
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.   Subscribe   Website | Apple | Stitcher | Spotify   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
25 minutes | Dec 17, 2020
Episode 054: Honest Abe and the importance of written contracts - An NDA case study
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   Subscribe   Website | Apple | Stitcher 
23 minutes | Dec 10, 2020
Episode 053: RBG & The Supreme Court on Copyright Law
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   Politics matter to everyone, including entrepreneurs. You may think that things like the supreme court justices have nothing to do with your business, but the Supreme court’s rulings set the precedent for the lower courts, so it matters who sits in that highest seat of justice. So, vote.   Copyrights matter! If huge, long standing, companies like Google and Oracle can have disputes over copyrights, then no one is safe, and everyone is on the same level when it comes to copyright protections and laws. So, be wise about your intellectual property. It can be the difference between losing a ton of cash and being able to protect your business even when dealing with big brands.   Educate yourself. You’re doing that now by listening to this podcast. The truth is that the legal landscape is always evolving as new cases are heard and new precedents are set by the rulings. That information is vital when navigating the legal side of business even when you are just starting out. The more you educate yourself on industry standards, practices, and laws, the better equipped you’ll be to do business and scale without fear of losing everything over common mistakes that can be avoided.   Show Notes     [1:50] – Why we talk about Copyright Law.   [10:00] – A brief background of RBG and the Supreme Court on Copyright Law:   The story of the "Notorious R.B.G.," the Supreme Court's second female justice, has been told repeatedly in media, books, and films including RBG and On the Basis of Sex. From being an architect of the women's rights movement in the 1970s to spending her later years on the high court fighting for the rights of the less advantaged (see for example her concurring opinion just months ago in Comcast v. NAAAOM), her lifetime of service will deservedly be lionized. But there was a less noticed aspect of Ginsburg — and her untimely loss will influence the course of industry.   Ginsburg gravitated to intellectual property disputes almost from the moment the Brooklyn, NY-born attorney was appointed to the Supreme Court by President Bill Clinton in 1993. More often than not, when a big ruling on the subject was on the table, it was she who carried the big pen.   Ginsburg was certainly hawkish when it came to copyright. And her view can be most sharply contrasted with those of Justice Stephen Breyer, demonstrating that there's more to judicial philosophy than a conservative-liberal divide.   Related article: https://www.hollywoodreporter.com/thr-esq/a-supreme-court-without-rbg-may-impact-hollywoods-grip-on-intellectual-property   [6:42] – Background of the dispute:   When Google implemented its Android Operating System (Android OS), it wrote its own programming language based on Java, which is owned by Oracle. To facilitate developers writing their own programs for Android OS, Google’s version used the same names, organization, and functionality as Java's Application Programming Interfaces (APIs).   Oracle sued Google for copyright infringement, but the federal district judge held that APIs are not subject to copyright because permitting a private entity to own the copyright to a programming language would stifle innovation and collaboration, contrary to the goals of copyright.   Upon remand to the district court, a jury found that Google's use of the Java API was fair use. Oracle appealed, and the Federal Circuit again reversed the lower court. The Federal Circuit held that Google's use was not fair as a matter of law.   Related Article:  https://www.oyez.org/cases/2020/18-956   [14:22] – Applications   The absence of RBG may also impact which future copyright cases the Supreme Court decides to take up. Currently, for example, the Supreme Court is currently being asked to review a 9th Circuit win for Led Zeppelin over "Stairway to Heaven," alleged to be an infringement of Spirit's "Taurus." Skidmore v. Led Zeppelin looked to be a quintessential Ginsburg case. It's a dispute that not only tackles the scope of copyright but also social inequities in the system, making it within her zone on double grounds. Her departure likely dampens the prospects of high court review.   The same is probably true of Steinbeck v. Kaffaga, which concerns movie rights to the works of Nobel Prize-winning author John Steinbeck and a subject (copyright termination) that has been the focus of increasing litigation over the years.   [15:38] – Key Takeaways   Politics matter to everyone, including entrepreneurs. Copyrights matter! Educate yourself.   Resources mentioned during this episode: Protect Your Assets: A Legal Guide for Online Entrepreneurs   Subscribe Website | Apple | Stitcher 
33 minutes | Nov 25, 2020
Episode 052: How to Secure Business Success by Starting with the End in Mind
Today, Casey shares a few business updates and how her passion for helping entrepreneurs has shaped her recent changes. She shares the most important steps to take as you’re starting a business to protect your business, intellectual property, and your personal assets. She also explains how the resources and services that she offers can help you do those things. Lastly she talks about all of the sales that are coming up this month, for her services, templates, and bundles, and how they can aid you in setting your business up for success from the very start.   Subscribe   Website | Apple | Stitcher | Spotify   Show Notes   [0:36] – The episode begins.      [2:00] – Casey gives a few business updates regarding the website, contract template prices, and services.   [5:36] – Casey talks about why she offers the services she does and her passion for helping businesses.   [7:52] – Casey talks about the extensive Black Friday, Small Business Saturday, and Cyber Monday sale she is running.   [9:55] – Casey gets into why you need a solid legal foundation when starting your business.   [13:55] – Casey gives a few specific points that are important to protect your business and your personal assets, from the start.   [16:36] – Casey talks a little about the benefits of using her contract templates.   [20:06] – Casey shares some insights into the complexity of contract writing and the importance of knowing what you don’t know.   [27:20] – Casey highlights the implementation videos that come with her templates and the private Facebook group that is available after purchasing her templates.   [26:06] – Casey asks Jackie about the mindsets that need to be in place for entrepreneurs to be successful.   Links and Resources Mentioned New website Email: hello@contractcasey.com   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
44 minutes | Nov 19, 2020
Episode 051: Jackie The Educator on Building Influence with Divine Purpose
Today, Casey and Jackie *The Educator* talk about everything business, influence, and education and how she has found a need to fill at the intersection of the three. They talk about how the Black Christian Influencers organization has taken off in the short couple of years it has been around and how people can get involved. Jackie also shares the ups and downs of her journey as an entrepreneur, common mistakes that she sees influencers making, and how your mindset can make or break your business. This episode is one you do not want to miss!   Subscribe   Website | Apple | Stitcher | Spotify   Meet our Guest   Jackie Horbrook, also known as @jackietheeducator is a millennial trailblazer from Chicago, Illinois. With a Masters of Education and a Bachelor's degree in Business, she hopes to become known as a Kingdom solutionist. Through her internet show Higher Learning, counseling initiatives in the city of Chicago, and music ministry at her local church she aims to edify the body of Christ anyway she can. Her most recent endeavor has led her to create an organization called Black Christian Influencers that focuses on promoting, supporting, and encouraging kingdom builders from varying career backgrounds. As an ordained minister her primary focus will always be to enhance the kingdom of God using all the gifts God has given her.   Connect with Jackie Personal Instagram Business Instagram Website Email   Show Notes   [4:08] – The Interview Begins.      [4:28] – Jackie talks a little about herself and her businesses.   [5:46] – Jackie sheds light on what it means to be a Kingdom Solutionist and how she tries to operate in that space.   [7:22] – Casey asks Jackie to talk about common misconceptions that people have about her being a business woman and Christian.   [9:48] – The ladies get into what BCI is and how it is supporting Christian influencers through exposure and coaching.   [14:08] – Jackie talks about how the communities that are being built in BCI are what makes it unique.   [15:28] – Casey asked Jackie how her passion for education started and how that has shaped everything that she’s doing.   [17:36] – Casey and Jackie talk about how this current endeavor has been different than any previous business or organization that she’s worked with.   [18:44] – Jackie talks about the challenges that came with entrepreneurship and the sacrifices that she made along the way.   [26:06] – Casey asks Jackie about the mindsets that need to be in place for entrepreneurs to be successful.   [30:52] – Jackie talks about some of the things she thought she knew when she got started.   [34:16] – Jackie talks about some of the common missteps that influencers make when they are getting started.   [35:34] – Casey asks how BCI helps their influencers reach their goals and the steps they take to set them up for success.   [38:00] – Jackie shares the things she currently has going on and coming up.   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
64 minutes | Nov 12, 2020
Episode 050: Rosezena Pierce on Securing the Bag by Securing the Brand
Today, Casey and Rosezena Pierce, The Queen of the Trademark Jungle, chat about trademarking and entrepreneurship, intellectual property, and the importance of operating at a high level from the very beginning of your business journey. The ladies go deep into how to do business in a way that will set you up for success, from figuring out what works best for your life and business, to building a team to help you operate at your highest level. If you are currently an entrepreneur or have ever thought about starting a business, this is not an episode that you want to miss!   Subscribe Website | Apple | Stitcher | Spotify   Meet our Guest Rosezena I Pierce is a Chicago native, Entrepreneur, Wife and mother who is very passionate about educating her clients and entrepreneurs by providing trademark legal services to protect their brand and the value of their artistry and business. Rosezena loves working with people in the beauty industry and small business owners. Some of her clients consist of hip hop recording artists, stylists, salon owners, restaurant owners, fashion designers, artist managers, entrepreneurs, bloggers, community activists, music producers, photographers, videographers, coaches and many more.   Rosezena has been practicing and serving as an entrepreneur for almost 7 years now. In 2019, she was named as one of the Top 100 Trademark Attorneys in the US. She has filed over 800 Trademarks to date. Rosezena is licensed to practice law by the State of Illinois. Rosezena is a proud member of the Chicago Bar Association of Chicago (IPLAC), and Black Entertainment and Sports Law Association (BESLA). She also is dedicated to community service and serves on the Board of Directors for Lawndale Christian Legal Center. Connect with Rosezena Instagram Website Email   Show Notes [4:46] – The Interview Begins.      [5:28] – Rosezena tells us a little bit about herself and how she landed on trademark law.   [10:52] – Rosezena elaborates on her deep passion for IP law for small businesses and how she ended up as an entrepreneur herself.   [22:02] – Casey asks Rosezena to talk about common issues that come up when business owners are reactive instead of proactive with getting a trademark.   [29:46] – Here Rosezena talks about the benefits of having a trademark for your business.   [36:26] – Casey asks Rosezena to break down the trademarking process.   [43:20] – Rosezena goes over the costs that are associated with filing a trademark application.   [54:12] – Rosezena gives tips for entrepreneurs and talks about the importance of having a team.   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
44 minutes | Oct 29, 2020
Episode 049: Securing Government Contracts for Small Businesses with Mari Cofield
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, Casey chats with Mari Cofield about how small businesses can benefit from entering the government contract space, how they can be successful, and how they can avoid common pitfalls. Mari talks about how she got into the government sector and why she is so passionate about helping minority owned small businesses be successful in this sector. Listen in to have some of your misconceptions about the government sector squashed and to learn how you can take the next steps to explore this awesome space!   Meet our Guest   Mari Cofield is the founder of DM Consulting LLC. Her Consulting company specializes in educating and helping small businesses understand the Government Contracting process, and showing small minority owned businesses how to become certified small businesses that can compete for Government and private sector contracts. She’s a former Sr. Level Contract Specialist who has worked in the Government Contracting sector for more than 10 years.   Connect with Mari Instagram Website Email   Show Notes   [4:36] – The Interview Begins.      [5:20] – Mari talks about who she is and her specialty in helping small businesses get government contracts and get certifications for the government sector.   [7:02] – Mari highlights some benefits of getting into the government sector, as a small business and what types of contracts are available in the creative entrepreneur space. She    [10:44] – Casey asks Mari how she got into the government contract space. Mari shares how she became a contract specialist and why she’s stayed in the industry for over a decade.    [13:30] – Mari shares a little about what makes a contract proposal, or bid, competitive and how she helps clients be competitive.   [17:58] – Mari gets into some of the common mistakes that businesses make on the legal side of the government contract space. Casey and Mari discuss the    [20:48] – Casey asks Mari what government contracts and bids typically look like. They discuss the types of terms that are common in this type of contract. Mari outlines why having a consultant can be a game changer when entering this space.   [25:42] – Mari shares tips that she has for small business owners if they are interested in getting into government contracts. She shares free resources that are available and talks about when to move into specific strategies and enlisting consultants to get to the next level.   [28:22] – Mari talks about when it's appropriate to move into the government contract space. The ladies talk about the benefit of being open to new possibilities in business.   [31:34] – Casey asks Mari to share any other tips she has for business owners in different states getting into being certified in business for their local government and the federal government.   [34:18] – Mari talks about her e-book guide to entering the government contracting space and how you can get it.   [36:02] – Mari shares her passion for helping more minority owned small businesses go after these awesome opportunities. She also shared some thoughts on entrepreneurship, in general.   [39:06] – Mari shares some things small businesses need before entering the government contract space.    Resources mentioned during this episode: A Beginners Guide For Entrepreneurs: Government Contracting 101. How To Compete For Contracts.   Subscribe   Website | Apple | Stitcher | Spotify
24 minutes | Oct 22, 2020
Episode 048: Joe Budden and Spotify: A Contract Case Study in knowing your Worth
About Our Host   Casey Handy-Smith is a contract law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their online businesses and brands. Over the past 6 years, Casey has helped creatives negotiate fair deals while protecting and leveraging their creative assets with ironclad contracts. Beyond her work with 1-on-1 with clients, Casey also provides DIY contract templates for entrepreneurs needing instant clarity and confidence to legally protect their businesses.   Subscribe   Website | Apple | Stitcher | Spotify   3 Key Takeaways   1. Never negotiate a contract in a vacuum! In this case, Joe Budden is doing what we should all do.   2. Know your rights! Budden has issues with not being paid money he thought he would get, in consideration of the way his podcast ended up performing.   3. Know your worth and don’t be afraid to walk away. While some think that Budden is using the threats as a negotiation tactic, I suggest not being afraid to walk away if those tactics don’t work.   Related Articles   http://www.insideradio.com/podcastnewsdaily/joe-budden-says-money-is-why-he-s-ending-his-spotify-deal/article_acaf047e-e883-11ea-92a4-9315f4ee38a2.html   Show Notes   [5:50] – Background of the Situation   Joe Budden is ending his exclusive deal with Spotify in a very public way as the podcaster, which has ponied up hundreds of millions of dollars to expand in the business, is now being accused of putting a lowball offer on the table. The one-time rapper turned podcast host used his latest episode to announce that his arrangement with the company ends next month, after which he will become a free agent. “I cannot tell you where this podcast will be. But as it stands, I can tell you where it will not be, and that is Spotify,” said Budden.   [7:22] – Specifics about this case   Budden seemed most upset about Spotify’s recent deal to buy The Ringer from Bill Simmons for $200 million.    Budden told listeners he could not discuss specific details, citing non-disclosure agreements. But he did say he expected to receive a $500,000 bonus after his podcast’s first year on Spotify, but one was never paid.   Budden was not pump-faking. His threats were not empty. He walked away, when his worth was not recognized.   [10:56] – Key Takeaways:   If you remember nothing else, remember this: never negotiate a contract in a vacuum! In this case, Joe Budden is doing what we should all do.   Know your rights! Budden has issues with not being paid money he thought he would get, in consideration of the way his podcast ended up performing. So, he confronted Spotify about it.   Know your worth and don’t be afraid to walk away. While some think that Budden is using the threats as a negotiation tactic, I suggest not being afraid to walk away if those tactics don’t work. Which is what Budden did!   Subscribe   Website | Apple | Stitcher | Spotify
28 minutes | Oct 15, 2020
Episode 047: Sirius Contracts: The Importance Of Specificity and Thinking Ahead
About Our Host   Casey Handy-Smith is a contract law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their online businesses and brands. Over the past 6 years, Casey has helped creatives negotiate fair deals while protecting and leveraging their creative assets with ironclad contracts. Beyond her work with 1-on-1 with clients, Casey also provides DIY contract templates for entrepreneurs needing instant clarity and confidence to legally protect their businesses.   Subscribe   Website | Apple | Stitcher | Spotify   4 Key Takeaways   1. Publicity Rights can be tricky, which is why it is important to consider all possibilities when drafting and negotiating the contract at the beginning of the working relationship. Thinking about all eventualities and putting provisions and terms into the contract at the start can help you avoid situations like this in the long run.   2. Know your rights! I say this all the time, but you have to know the rights you hold when in various situations. In this case, it’s good to know that the law can be loose surrounding publicity rights, so that is why writing the terms into the contract is key.   3. Know your role! Are you an employee subject to a work for hire or a contractor that needs to negotiate a usage clause?    4. Remember that to make this claim, many states require that you have already commercially exploited your identity to make this claim. So, again, make sure you have a good contract and you keep the receipts!   Related Articles   https://www.hollywoodreporter.com/news/howard-stern-shows-stuttering-john-sues-siriusxm   Show Notes   [2:55] – Background of the Situation   John Melendez, longtime Howard Stern Show personality “Stuttering John" is suing SiriusXM Radio for using his archived hot-button interviews with the likes of the Dalai Lama, Ringo Starr, and Mike Tyson without compensation and in violation of his publicity rights.   [6:00] – Understanding Publicity Rights   The right of publicity is generally defined as an individual's right to control and profit from the commercial use of his/her name, likeness, and persona. The purpose of this law is to protect the individual from the loss of commercial value resulting from the unauthorized appropriation of their identity for commercial purposes.    It’s important to know that there is no uniform federal law for the right of publicity despite increasing demands for such a law.    [9:34] – Specifics of this case   According to the complaint, Sirius acquired a license to not only current episodes of the show but also to air full or partial episodes from the archives. Melendez argues that it’s disregarding his right of publicity by using his identity, likeness, name, image, and voice for its commercial advantage.    Disputes like this are relatively common in the sports world, and typically haven’t ended in favor of the talent. The NFL in 2014 beat a suit from ex-players over the use of their likenesses in video footage, in part because the court found "brand enhancement alone is not sufficient to render a production advertising as a matter of law" and ruled the projects were protected by the First Amendment.    These disputes may serve as a roadmap and it’s likely Melendez’s case could turn on whether or not a New York federal judge considers any of Sirius’ use to be advertising.   [16:00] – Key Takeaways:   Publicity Rights can be tricky, which is why it is important to consider all possibilities when drafting and negotiating the contract at the beginning of the working relationship.   Know your rights!   Know your role! Are you an employee subject to a work for hire or a contractor that needs to negotiate a usage clause.    Remember that to make this claim, many states require that you have already commercially exploited your identity to make this claim.   Resources   Independent Contractor Agreement   Subscribe   Website | Apple | Stitcher | Spotify
35 minutes | Oct 8, 2020
Episode 046: Kanye and Contracts and Twitter, Oh My!
About Our Host   Casey Handy-Smith is a contract law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their online businesses and brands. Over the past 6 years, Casey has helped creatives negotiate fair deals while protecting and leveraging their creative assets with ironclad contracts. Beyond her work with 1-on-1 with clients, Casey also provides DIY contract templates for entrepreneurs needing instant clarity and confidence to legally protect their businesses.   Subscribe   Website | Apple | Stitcher | Spotify   3 Key Takeaways   1. Leverage is real and knowing how to position yourself to negotiate is important! Make sure that you come to the table knowing what you have to offer and already thinking about the terms that will protect you in the future.   2. Know your rights (specifically your intellectual property rights)! Is this my mantra? I think this is now my mantra.    3. We are not all the same. This is more apparent now than ever, in America. The deal Kanye wants artists to have actually already exists (à la Taylor Swift). Kanye’s new mission isn’t all about Kanye, you know. On Sunday (September 20th), West tweeted: “This is a call for all artist[s] to unify … I will get my masters, I got the most powerful lawyer in music and I can afford them but every artist must be freed and treated fairly.” In addition, West tweeted new “guidelines” for recording and publishing contract templates he wants to see adopted industrywide.    Related Articles   https://www.hollywoodreporter.com/news/kanye-west-tweets-images-of-his-recording-contracts-i-need-every-lawyer-in-the-world-to-look-at-these   https://www.google.com/amp/s/www.billboard.com/amp/articles/news/9450988/kanye-west-twitter-blocked-policy-violation   https://www.google.com/amp/s/www.rollingstone.com/pro/features/kanye-west-universal-masters-war-1064225/amp/   Show Notes   [6:00] – Background of the Situation:   In his latest string of tweets about his recording deals Wednesday, Kanye West said he was going to upload his Universal Records contracts, while once again referring to the music industry as "modern-day slavery."   "Here are my ten Universal contracts … I need every lawyer in the world to look at these," he shared before telling followers that the PDFs would not load on Twitter. Twenty minutes later, he shared screengrabs of 10 documents that included what appeared to be several amendments, a profit sharing agreement, and a recording agreement. He tweeted of the images: "This is what me Kanye West deal looks like today … I PRAY IN THE NAME OF JESUS THAT IT DONT LOOK LIKE THIS TOMORROW."   West had spent much of Tuesday night and early Wednesday morning posting a series of more than two dozen tweets, some featuring favorite Bible verses, others pointed missives at the music industry demanding that what he claimed were overly complicated contracts be "simplified now."   [Sidenote - 8:08] – Keep your ears to the ground:   Understanding the types of deals and contracts that your peers are getting helps in your negotiations. So, networking and talking to others in your industry will help you get the best deals possible.   [10:58] – Master Recordings:   When an artist refers to their “master recordings,” they are referring to the original recordings of their music (as opposed to the composition itself). The owner of these master rights, along with the copyright owner, controls where the recording itself is licensed and earns money from it.   Labels often secure an artist’s master rights in exchange for promotion and support during the recording process. These deals allow the label to release an artist’s music and earn money through its distribution and licensing. They customarily arrange deals in which an artist receives royalties once they recoup the advance given by the label to record their music.   Writers generally maintain the copyright to their music, which affords them certain rights with how it is used. They often work in tandem with the label when the music is licensed elsewhere.   [16:56] – Interesting points in this situation:   West sued Roc-A-Fella last year, as well as Universal and his publishing company, EMI. In the EMI suit, which has since been settled, he appeared as a plaintiff alongside a newly formed company, “Please Gimme My Publishing Inc.” Kanye is now waging the same battle against Universal for his recorded copyrights, a.k.a. his masters.   Kanye’s Twitter ultimatum may not elicit widespread sympathy from the artist community: For one thing, the contracts posted by West revealed Universal paid him an $8 million advance for his sixth studio album, Yeezus (2013), not including an additional $4 million with which to clear samples and make the record. Universal also paid him a $3 million advance, plus a $3 million recording/clearance budget, for The Life of Pablo (2016). Your common or garden-variety megastar just doesn’t get handed this kind of money from their record label. But there are also reasons for Kanye to be optimistic about at least some of his stated objectives regarding the reclamation of his masters. Here are three of them, connected to a trio of fellow superstars.   [20:48] – Key Takeaways:   Leverage is real and knowing how to position yourself to negotiate is important!    Know your rights (specifically your intellectual property rights)! This is now my motto.   The deal Kanye wants artists to have actually already exists (à la Taylor Swift). Kanye’s new mission isn’t all about Kanye. West tweeted new “guidelines” for recording and publishing contract templates he wants to see adopted industrywide.    Resources Mentioned During The Episode   Megan Thee Stallion Contract Case Study   Subscribe   Website | Apple | Stitcher | Spotify
51 minutes | Oct 1, 2020
Episode 045: Kandice Guice on Diversity and Business Success During Times of Distress
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   Meet our Guest   Kandice Guice is a wife and mother. But by day she’s an attorney and influencing thousands of women. Her encouragement within the female community has grown her career to speak with over 20,000 fans on socials, develop content as an official TikTok Business affiliate, and partnerships with Change.org, The Lip Bar, and Peloton; to name a few. A letter to the CEO of her Fortune 100 Company began trending and advised leadership on increasing diversity within the workforce - and steps to move forward. Steps that opened doors for herself and her audience. I would love to bring her wisdom and tips to your platform.    Connect with Kandice Instagram Facebook Website   Show Notes   [5:36] – The Interview Begins.      [6:10] – Kandice shares some of her professional background and the many hats she wears. She describes herself as an attorney by day and a writer and social activist by passion.   [10:36] – In this section, Casey and Kandice discuss how to build a successful business foundation and prepare for your business to boom, from the very beginning.   [14:14] – Kandice talks about her viral email and the importance of diversity in business. She shares experience emailing the CEO of her fortune 100 company.   [21:00] – Casey asks Kandice to share how she helps women know their value and negotiate better contracts.   [29:20] – Kandice shares what she has learned about the need that many women have to please other people and how this affects their ability to identify their goals and achieve them.   [36:18] – Kandice talks about the legal lessons she has learned while being an entrepreneur and the mistakes that others can avoid making.   [43:36] – Kandice gives insight into her course Inking the Deal.    Resources mentioned during this episode: Diversity Email Template Inking the Deal Course   Subscribe   Website | Apple | Stitcher | Spotify
27 minutes | Sep 24, 2020
Episode 044: Minaj & Chapman: A Copyright Infringement Case Study in Nuance
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    4 Key Takeaways   1. When it comes to copyright infringement, it is a balancing act. The purpose of IP law is to cultivate creativity - “Artists usually experiment with works before seeking licenses from rights holders and rights holders typically ask to see a proposed work before approving a license,” the judge wrote. “A ruling uprooting these common practices would limit creativity and stifle innovation within the music industry.” A finding in Chapman’s favor, they argued, “would impose a financial and administrative burden so early in the creative process that all but the most well-funded creators would be forced to abandon their visions at the outset.” The judge agreed, finding that on balance Minaj was protected by the “fair use” doctrine.   2. Know your industry! In this case, seeking permission after the work was created was deemed ok because of industry standards. This may not fly in your line of work. Explicitly expressed intentions and terms are necessary when dealing with anyone (even friends and family) in business.   3. It pays to ask permission before getting into the creative process (that way time is not “wasted” when the end product can not be released)   4. Maintaining confidentiality in the creative process - A dispute remains, however, as to whether Minaj infringed on Chapman’s song by sending “Sorry” to DJ Flex. Chapman’s lawyers asked the judge to find that the distribution constituted copyright infringement as a matter of law, but the judge ruled that the dispute would have to go to a jury.   Show Notes   [6:16] – Update from the Volvo IG Dispute   Volvo’s motion to dismiss was denied.    Jack Schroeder and Britni Sumida in June sued Volvo after it used images from their shoot in the southern California desert in an Instagram story in violation of their rights (copyright and publicity, respectively). Volvo, in its motion to dismiss the complaint, argued that Schroeder granted an implied license by posting the photos on Instagram. The court didn’t analyze a lot of the arguments but it did note that it felt both parties had successfully stated a claim for copyright infringement. It hasn't yet analyzed its argument that Instagram's terms of service provided a license in this situation.   Related Article: https://www.hollywoodreporter.com/thr-esq/volvo-cant-evade-photographers-suit-over-instagram-post      [10:00] – A brief background of the dispute:   Tracy Chapman, a hugely successful singer-songwriter, is suing Minaj (real name: Onika Maraj) for allegedly infringing her own work, "Baby Can I Hold You." Both sides have filed summary judgment papers. And in Chapman's view, this is an easy case. Minaj's actions were "indisputably willful," states the plaintiff's motion seeking a win.   The legal dispute between Chapman and Minaj is a bit different from most copyright cases where litigants quarrel over whether works are substantially similar. Here, there appears to be no controversy that "Sorry" emanates from "Baby Can I Hold You," nor much discussion about whether Chapman's work is actually original enough to merit protection. But that doesn't end matters. When "Sorry" was selected for inclusion on Minaj’s Queen album, Minaj and her reps sought a license to Chapman's composition. One of the clearance specialists put on the task is said to have known that Chapman was on the “do not sample list”— an unwritten list of artists that were well-known for not allowing samples of their works. Minaj's team made efforts anyway, but Chapman rejected a request.   Related article: https://www.hollywoodreporter.com/thr-esq/nicki-minaj-warns-experimentation-at-stake-in-tracy-chapman-copyright-suit   https://www.marketplace.org/2020/09/14/nicki-minaj-tracy-chapman-lawsuit-copyright-sorry-baby-can-i-hold-you/   [14:46] – Current status of the Nicki Minaji lawsuit:   The judge ruled in Nicki’s favor on the primary issue of when artists must seek permission from copyright owners in the creative process. The case is still going because of other issues.    Related Article: https://variety.com/2020/music/news/nicki-minaj-copyright-lawsuit-tracy-chapman-1234772693/   [16:18] – Key Takeaways   Copyright infringement is a balancing act. The law must be balanced with the purpose of the creative process. You need to be intimately familiar with the industry standards that apply to your line of work! In more industries it pays to just ask permission first. Make sure that you maintain confidentiality in your creative process.   Resources mentioned during this episode: NDA Template   Subscribe   Website | Apple | Stitcher 
COMPANY
About us Careers Stitcher Blog Help
AFFILIATES
Partner Portal Advertisers Podswag Stitcher Originals
Privacy Policy Terms of Service Your Privacy Choices
© Stitcher 2023