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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

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

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

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

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

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

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

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 

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. The Terms & Conditions and Website Policies MATTER! Note that Instagram is not a part of this dispute at all, because they have publically accessible use contracts that every user agrees to when they set up an account. This dispute is about how those terms will be interpreted. So, if you’re a business owner, make sure you protect your business with the proper Terms & Conditions, and Policy.   2. As a user of these types of social media websites, it is important to know how your content can be used, and post with that in mind.   3. If you are in a brand contract as an influencer, you have to be very careful to understand what will breach the contract and not do anything that could possibly be construed as a breach.    4. Schroeder and Sumida’s attorney Jeffrey Gluck warns that, if Volvo’s argument succeeds, it won’t just affect photographers and other creators who share their work on the site — even family pictures posted by ordinary people.   Show Notes   [3:38] – Background of the Volvo IG Dispute   On a sunny day in April 2019, photographer Jack Schroeder and model Britni Sumida took a shiny white Volvo S60 out into the Southern California desert for a test shoot amid a superbloom of bright orange poppies. He took about a thousand images and posted a handful to Instagram, tagging Volvo and capturing the automaker’s attention. The company posted a comment asking to share the photos and encouraging him to respond with the hashtag #YesVolvoUSA to accept. Schroeder instead emailed Volvo, offering to negotiate a license, and sent a link to his online portfolio. He didn’t receive a reply. Six months later, Volvo posted an Instagram story featuring a collection of Schroeder’s photos that linked to a site where users could buy the vehicle.   Now the auto giant and the photographer are embroiled in a legal dispute, with Schroeder claiming that his copyrights have been infringed. Sumida, who has a deal with another major car company that prevents her from working with its competitors, is suing Volvo for unfair competition, false endorsement and misappropriating her likeness.   [7:28] – Understanding Instagram’s ToS & Copyright Law   In order to use the Facebook-owned photo app, users agree to grant Instagram “a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works.” It’s “sub-licensable” that’s key here, with Volvo arguing that it simply sublicensed the images from Instagram.   Flip Side: Instagram’s Policy requires users to obtain a person’s consent before using their content in any ad and a second that says a user represents and warrants that they own or have secured all rights.   Courts have ruled that some investigation was necessary before deciding whether Instagram allows third parties — explicitly or implicitly — to use the photos posted on the site, in similar disputes.   [13:34] – IG’s response?   Instagram didn’t reply to a request for comment, but, in response to the suits involving embedding, a Facebook spokesperson in June told Ars Technica, "Our platform policies require third parties to have the necessary rights from applicable rights holders. This includes ensuring they have a license to share this content, if a license is required by law."   [16:05] – Key Takeaways   ToS/Use and website policies are IMPORTANT! You NEED to know how your content can be used, according to the terms of the platforms you’re using. Make sure you add any notices that are necessary to protect your rights. As an influencer you should ALWAYS be careful to understand your contracts and what will breach them. Exclusivity and Licence provisions are a HUGE part of every brand deal. (Check out my Influencer Agreement Checklist for help with that) The ruling on this case will affect everyone. Knowing when your content can be used by others should be a part of deciding what services and websites you use.   Resources Mentioned During This Episode   Influencer Agreement Checklist Terms of Use and Policy Templates   Subscribe   Website | Apple | Stitcher   

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   Always get in writing all of the co-owners of a copyright at the time of creation, so there aren’t any questions of ownership down the road. And if you use any portions of a previous work later, get permission. In the music industry, this is typically called “split sheets” and clearance. Without that clearance, you can’t get rights in the derivative work.    There are specific rights that are protected when a copyright is secured for your work. *If you think someone may be infringing, say something right away.   Understanding these rights will help you to protect yourself and stay confident about how you and others can use your work.   Make sure to protect yourself with a copyright in the very beginning so that you don’t run into legal issues, or have to scramble to protect your property in the future   Show Notes   [4:40] – Background of the lawsuit against Lizzo for Truth hurts   Brothers Justin and Jeremiah Raisen claimed they created Truth Hurts as a derivative work based on a song called Healthy that they created with Lizzo in 2017, two years before she broke out.   Lizzo claimed that the line “I just did a DNA test turns out I’m a hundred percent that bitch” was the only item to come out of the session with the brothers. She added that the line was inspired by a tweet that another songwriter, Jesse Saint John Geller, brought to the group’s attention. Geller is not part of the litigation.   [7:20] – Overview of Copyright Ownership Law & Derivative Works   What are the 6 exclusive copyright rights?     The right to reproduce and make copies of an original work; The right to prepare derivative works based on the original work; The right to distribute copies to the public by sale or another form of transfer, such as rental or lending; The right to publicly perform the work; The right to publicly display the work, and The right to perform sound recordings publicly through digital audio transmission.   What is a derivative work?     A derivative work is a work based on or derived from one or more already existing works.   To be copyrightable, a derivative work must incorporate some or all of a preexisting “work” and add new original copyrightable authorship to that work. The derivative work right is often referred to as the adaptation right.    [9:30] – How does the law apply to Lizzo’s case?   The brothers are claiming that Truth Hurts is a derivative of a song that they own the copyright to. [10:20] – Key Takeaways   Get everything in writing from the start. Collaboration Agreements are a MUST Know your rights.   Resources Mentioned During This Episode   Collaboration Agreement Template Call Her Daddy Podcast Episode about IP and Collaboration Agreements   Subscribe   Website | Apple | Stitcher   

Do you want to manifest success and perform at a higher level? If so, today’s episode is for you! Kimberly Spencer spills all the tea about how she went from a pilates instructor to a highly sought after coach and trainer with feature credits like The CW, ESPN, NPR, and Forbes. Kimberly shares the circuitous route to where she is, and the hard-learned business lesson that shook her but pushed her to finally find her true purpose. She talks about watching her parents’ entrepreneurial journey and success, struggling with loving her whole self, having numerous passions and not knowing which to pursue, and much more. If you want to learn how to manifest your best self, life, and business, listen to the end and check out some of her courses, like #MompreneurMindset, #MindYourBusiness, or #ProductivityPower at the link below. More on Kimberly Kimberly Spencer is an award-winning high-performance coach and trainer, Amazon best-selling co-author, international motivational speaker, and the founder of CrownYourself.com, helping high achievers build their empire and sparkle with holistic fulfillment in their bodies, businesses, and relationships. From her entrepreneurial beginnings at five selling bags of glitter-water to her neighbors, to becoming an award-winning screenwriter, certified Pilates instructor, Miss Congeniality, and six-time WEGO Health Activist Award nominee, Kimberly is proof that it's better to make your own mold than to conform to someone else's. She's also the former executive of a national e-commerce startup and was the owner of the private Pilates studio, Fitness with Kim in Los Angeles, CA.  Her journey into the world of mompreneurship with her husband was featured in the 2017 Netflix docuseries, Being Dad. Her work has been featured on The CW, ESPN, Chicken Soup for the Soul, and NPR, and in Thrive Global, Girls Life, CNBC, and Forbes. Her premiere solo book, Mind Full Meals: How to Dethrone Food Fears and Reign in a Body the Rules debuts in September 2020. Where to find Kimberly Social Media:  Instagram: https://www.instagram.com/kimberly.spencer/ Course Website: https://www.crownyourselfmembers.com Best Way for Audience to Contact You: Email: kim@crownyourself.com

Today’s episode is all about how to legally protect your intellectual property [read anything you create]. The Unspoken Terms podcast is all about how to avoid the common mistakes that are made in business, as entrepreneurs and creatives. Not protecting the things you create is right at the top of that list, so today we are going to dive right into two examples that show the perils of not protecting yourself and your brand and advantages of knowing your rights, respectively. Let Nick Cannon be a cautionary tale and Micheala Coel be an ode to the power you hold in ownership and knowledge. Tune in and let’s chat about copyrights, trademarks, and IP!   More background on these situations: https://www.hollywoodreporter.com/news/nick-cannon-responds-viacomcbs-firing-lengthy-facebook-post-1303292    https://www.forbes.com/sites/joshwilson/2020/07/07/i-may-destroy-yous-michaela-coel-rejected-netflixs-1-million-offer-in-favor-of-the-bbc-because-of-ownership/#645b900f1fc7   Send Casey a question at:  hello@contractcasey.com 

Today’s episode, with Abu Fofanah, is chock full of entrepreneurial, marketing, and advertising gems! Dubbed the Lieutenant of Marketing, Abu talks about his journey from a young entrepreneur, to wall street, agency founder, then marketing coach.  You’ve probably seen his ads. As a marketing coach who has helped hundreds of business owners make millions of dollars, with his Power Your Launch marketing accelerator, Abu shares knowledge on how to get started with marketing, identify your target audience, create a marketing plan, and run profitable ads. He also talks about some hard lessons he has learned along the way and how businesses can scale, even during a global pandemic. As an added bonus for the culture, his main demographic is black women entrepreneurs. More on Abu Abu Fofanah is a digital strategist and entrepreneur. He is the CEO of a digital marketing agency called House of Fofanah, which is aimed at developing technology-focused solutions to help brands monetize their online communities. He is the founder of Power Your Launch Virtual Marketing Accelerator targeted to helping small business owners utilize digital marketing, specifically paid advertisement to excel in the growth of their business. Since it’s initiation in 2019 the Marketing Accelerator has helped over 500 women of color founders begin monetizing their brands online and on social. Where to find Abu Social Media:  Instagram: https://www.instagram.com/abufofanah/ Best Way for Audience to Contact You: Email: abu@houseoffofanah.com