WEBVTT

1
00:00:07.080 --> 00:00:10.960
Joe Escalante live from Hollywood. By
Hollywood, you mean Burbank, across the

2
00:00:10.960 --> 00:00:16.760
street from a Wienerschnitzel. It sells
beer. True story. People still don't

3
00:00:16.760 --> 00:00:20.640
believe it. But that's what goes
on here. This is two hours of

4
00:00:20.679 --> 00:00:24.559
the business, end of show business. We do this every Sunday from five

5
00:00:24.640 --> 00:00:30.920
pm to seven pm right here on
k EIB. And we've been doing it

6
00:00:30.960 --> 00:00:35.960
for I don't know, since two
thousand and six or so. There's a

7
00:00:36.000 --> 00:00:40.240
lot of shows like this now,
but there was none forever. I mean,

8
00:00:40.240 --> 00:00:42.560
there's no shows like this on live
radio, I'll tell you that.

9
00:00:42.759 --> 00:00:48.119
But there are podcasts. Some of
them good, some of them just very

10
00:00:48.119 --> 00:00:54.479
cringey. You're like Joe, You're
pretty cringey. Okay, here's what we're

11
00:00:54.479 --> 00:00:58.479
gonna do today. We're gonna do
something special. I spoke this week at

12
00:00:58.520 --> 00:01:07.000
the Southeast District Bar Association here in
southern California on the topic of the public

13
00:01:07.079 --> 00:01:10.840
domain. As Mickey Mouse falls into
the public domain, what does that mean?

14
00:01:11.799 --> 00:01:17.599
And all the people there got an
hour of MCL credit, and now

15
00:01:17.599 --> 00:01:19.319
you're going to get an hour of
MCAL credit if you listen to this whole

16
00:01:19.319 --> 00:01:23.200
thing. Actually, I don't know
if that's true. I guess you could

17
00:01:23.640 --> 00:01:27.280
fill out a form and it would
qualify. But what is MCL credit.

18
00:01:27.280 --> 00:01:34.120
That's for lawyers when they have to
do their continuing education as lawyers to keep

19
00:01:34.200 --> 00:01:38.680
up, keep their legal chops up. So they had a dinner and I

20
00:01:38.799 --> 00:01:42.920
made a little talk and there's some
pictures. Also. I'll put these pictures

21
00:01:42.959 --> 00:01:48.599
on my Facebook page so you can
see the pictures I'm talking about. This

22
00:01:48.840 --> 00:01:55.920
is the Joe Ascolante Live from Hollywood
Facebook page and this is from March twenty

23
00:01:55.959 --> 00:02:00.519
seventh, twenty twenty four. But
I'm doing it live right now because you

24
00:02:00.599 --> 00:02:06.239
deserve it and it's going to be
better. All right. We're going to

25
00:02:06.319 --> 00:02:09.120
start this with the purpose of copyright. This is something I call the piece

26
00:02:09.439 --> 00:02:13.800
You've got to eat your pis before
we get to the fun stuff. You're

27
00:02:13.840 --> 00:02:16.319
going to get a primer on copyright
law, a little bit of trademark,

28
00:02:17.280 --> 00:02:24.080
and some public domain stuff. Now, the primary purpose behind copyright law is

29
00:02:24.120 --> 00:02:30.120
to quote foster the creation and dissemination
of works for the benefit of the public.

30
00:02:30.159 --> 00:02:36.039
That's from the Copyright Office. It's
trying to encourage creativity and people to

31
00:02:36.719 --> 00:02:42.840
create stuff by granting authors the exclusive
right to authorize certain uses of their works.

32
00:02:43.479 --> 00:02:47.840
Copyrights provide the economic incentive to create
new works and to make them available

33
00:02:47.919 --> 00:02:51.759
in the marketplace. So, in
other words, if we let people make

34
00:02:51.840 --> 00:02:54.960
money on their copyrights, they'll make
more copyrights. Now, if you're one

35
00:02:55.000 --> 00:03:00.560
of those people that says we shouldn't
have copyright laws, there are many.

36
00:03:00.840 --> 00:03:04.280
They're kind of like the people that
says we shouldn't have borders on our countries.

37
00:03:04.919 --> 00:03:09.599
That's a fine theory, and everybody's
entitled to have their theories. But

38
00:03:09.759 --> 00:03:19.840
we have decided as a society that
we should have copyright laws that protect the

39
00:03:19.960 --> 00:03:23.919
creators and allow them to make some
money when they create something, and then

40
00:03:24.240 --> 00:03:29.719
they might create more things, and
then people will create really good things,

41
00:03:29.759 --> 00:03:35.919
and then pretty soon you have,
you know, Sergeant Peppers. Pretty soon

42
00:03:36.000 --> 00:03:40.360
you have the movie High Noon,
because people were allowed to make money from

43
00:03:40.360 --> 00:03:45.400
their copyrights. If you don't let
people make money, you're gonna have garbage.

44
00:03:46.199 --> 00:03:55.039
So also, works are protected internationally, but they are done by treaties.

45
00:03:55.719 --> 00:04:00.800
Can have a treaty with another country
says if you protect our copyrights in

46
00:04:00.840 --> 00:04:02.919
your country, will protect yours in
this country. And those are good things

47
00:04:02.919 --> 00:04:11.560
to have, like the Burn Convention
is one the World Intellectual Property Organization Copyright

48
00:04:11.599 --> 00:04:20.040
Treaty otherwise known as WIPO. These
are necessary. Now there's a lot of

49
00:04:20.040 --> 00:04:24.759
weird stuff that goes in a lot
in a lot of other countries, like

50
00:04:24.879 --> 00:04:27.959
China. You know, they don't
protect our copyrights. They just like to

51
00:04:28.000 --> 00:04:33.560
steal. They send over spies here
to collect information on corporate espionage, intellectual

52
00:04:33.600 --> 00:04:39.560
property theft. That's just the way
they operate there. That's the kind of

53
00:04:39.560 --> 00:04:43.199
society they've decided because they're run by
a state, and the state has decided,

54
00:04:43.519 --> 00:04:47.480
hey, we got to own everything, and why should we leave it

55
00:04:47.560 --> 00:04:50.600
up to chance. Let's send spies
around the world and steal stuff and we'll

56
00:04:50.600 --> 00:04:55.079
make our own and we'll be ahead
because we want to be ahead for whatever

57
00:04:55.160 --> 00:05:00.160
reason, I don't know. Then
there's Mexico. Mexico has some weird copyright

58
00:05:00.199 --> 00:05:02.959
thing. Well, they protect it
for a while and instead of falling into

59
00:05:03.000 --> 00:05:05.639
the public domain like it does here
and so everybody can use it. And

60
00:05:05.720 --> 00:05:10.759
we'll talk about that in a little
bit, the government takes it. So

61
00:05:10.759 --> 00:05:15.319
at a certain point, the government
gets it and they get all the income

62
00:05:15.360 --> 00:05:19.920
and fill their coffers. That's one
thing I guess theoretically they spread it around.

63
00:05:20.000 --> 00:05:23.959
I know people very happy with the
Mexican government. The people I work

64
00:05:23.959 --> 00:05:26.720
with at my church, you know, they're just like, I love this

65
00:05:26.759 --> 00:05:30.040
president, go Bernadoora I think his
name is. They love them. He's

66
00:05:30.040 --> 00:05:34.000
great, did this, he did
that, fights cartels, takes care of

67
00:05:34.000 --> 00:05:39.639
the poor. So here we just
think it's all corrupt down there. But

68
00:05:40.079 --> 00:05:47.720
for some people they disagree. They
might say this place is corrupt. Okay.

69
00:05:46.759 --> 00:05:51.199
So so basically what you want to
get out of this part is that

70
00:05:53.519 --> 00:06:00.360
the copyright laws are there to encourage
more copyrights. There's an actual Supreme Court

71
00:06:00.399 --> 00:06:03.959
case that put it this way in
nineteen seventy five. The immediate effect of

72
00:06:03.959 --> 00:06:08.800
our copyright law is to secure a
fair return for an author's creative labor.

73
00:06:09.839 --> 00:06:15.079
But the ultimate name by this incentive
is to stimulate artistic creativity for the general

74
00:06:15.160 --> 00:06:18.279
public good. Now, that came
out of the Supreme Court of the United

75
00:06:18.319 --> 00:06:30.959
States in nineteen seventy five. Most
lawyers, and I was speaking to lawyers

76
00:06:30.000 --> 00:06:33.360
when I'm doing that when I'm right
now kind of, but most lawyers don't

77
00:06:33.360 --> 00:06:35.839
really know much about copyright, and
they only hear about it when they're like

78
00:06:36.040 --> 00:06:42.040
kid starts a band, or their
kid writes a script, or their kid

79
00:06:42.160 --> 00:06:45.480
or they decide to write their memoirs
or write a novel or something like that,

80
00:06:45.519 --> 00:06:47.319
and then they think immediately they got
to copyright their novel. Who's going

81
00:06:47.360 --> 00:06:51.600
to steal your novel? That's my
first question. Who is going to steal

82
00:06:51.720 --> 00:06:56.680
your novel? But I got people
calling my show and saying, I just

83
00:06:56.720 --> 00:06:59.720
wrote my novel. How do I
copyright it? How I protect it from

84
00:06:59.720 --> 00:07:02.199
someone stealing it? Who is going
to steal your stinking off? This is

85
00:07:02.240 --> 00:07:05.439
nobody. Who's going to publish in
your novel? Nobody. If someone stole

86
00:07:05.480 --> 00:07:09.560
your novel, you'd be very lucky
because then you'd get some attention. If

87
00:07:09.560 --> 00:07:13.240
you wrote a song, who's gonna
steal that song? The answer is nobody.

88
00:07:13.920 --> 00:07:16.959
So if someone stole your song,
it'd be the greatest thing to happen

89
00:07:17.000 --> 00:07:24.040
to your career, it would be
my guess. But yes, you should

90
00:07:24.319 --> 00:07:29.639
copyright your songs. And when I
say copyright, I mean register the copyright.

91
00:07:29.959 --> 00:07:34.839
You register a copyright, you get
some protection. But the way that

92
00:07:35.079 --> 00:07:40.600
the laws are now, you get
protection when you create something. As soon

93
00:07:40.639 --> 00:07:47.079
as you create it, you get
you get federal protection you're going to federal

94
00:07:47.439 --> 00:07:55.680
copyright. You're a government I mean
yeah, I mean your your work is

95
00:07:55.720 --> 00:08:01.240
protected by the latest copyright actor.
We'll get into that a little bit as

96
00:08:01.319 --> 00:08:05.519
we talk about the history of the
copyright laws. Yeah, you didn't think

97
00:08:05.519 --> 00:08:09.399
it was gonna it could get drier, but it can. Let's another thing

98
00:08:09.439 --> 00:08:16.279
that people where they learn about copyrights
is from just rumors. They hear about

99
00:08:16.000 --> 00:08:20.920
about Disney, and we're going to
talk more about Disney. Disney's very big.

100
00:08:20.040 --> 00:08:26.680
They've played a big part in shaping
the copyright laws in this country.

101
00:08:26.560 --> 00:08:33.759
And one of the things they do
is they send out letters if anybody's doing

102
00:08:33.799 --> 00:08:37.919
the slightest infringement on one of their
copyrights because they have heard from their lawyers

103
00:08:37.919 --> 00:08:46.879
that only a vigorous, a vigorous
policing of their copyright will give them the

104
00:08:46.919 --> 00:08:52.480
protection they need. And if they
don't vigorously protect their marks and their works,

105
00:08:52.679 --> 00:08:56.320
that they could fall into the they
could lose their trademarks. That's like

106
00:08:56.440 --> 00:09:00.600
where usually that is talked about in
the trademark area. And that's coming up

107
00:09:00.600 --> 00:09:01.799
a little bit more. But right
now we're gonna take a break. We're

108
00:09:01.799 --> 00:09:07.679
gonna check the traffic and they're gonna
have more on Joe'scalante Live from Hollywood.

109
00:09:09.080 --> 00:09:16.039
Joe'scalante Live from Hollywood. We are
back with the copyright Legal Lecture special.

110
00:09:16.480 --> 00:09:28.600
Okay, let's continue on here with
the copyright basics. Let's talk about Disney.

111
00:09:30.600 --> 00:09:33.519
Now we talked about Disney. Disney. I wanted to make clear in

112
00:09:33.559 --> 00:09:39.679
the last segment, Disney so vigorous
in their defense of their marks and stuff

113
00:09:39.679 --> 00:09:43.000
like that that they they kind of
made like a chilling effect on the rest

114
00:09:43.000 --> 00:09:46.600
of the world of whether people should
mess with their copyrights. You're gonna if

115
00:09:46.600 --> 00:09:48.720
you got a tattoo, you're going
to get a letter in the mail.

116
00:09:48.840 --> 00:09:52.679
That is, people like get this
letter, they frame it. I don't

117
00:09:52.720 --> 00:09:56.519
know how they find out you got
a tattoo with Mickey Mouse, but that's

118
00:09:56.519 --> 00:10:01.720
what goes on. And of course
we're getting to the point where Mickey Mouse

119
00:10:01.799 --> 00:10:05.120
and the Steamboat Willy cartoon and another
cartoon fall into the public domain. It

120
00:10:05.159 --> 00:10:09.399
happened on January first of this year. So right now we're just kind of

121
00:10:09.200 --> 00:10:13.080
given the history and to see how
we got to this point and what it

122
00:10:13.120 --> 00:10:18.679
means. But first the basics continue. Now, who is eligible for a

123
00:10:18.720 --> 00:10:22.519
copyright, what kind of works are
eligible for a copyright. Generally, it's

124
00:10:22.679 --> 00:10:28.080
anything that's minimally creative and can be
fixed to a tangible medium. Now,

125
00:10:28.080 --> 00:10:31.440
minimally creative it means exactly what it
sounds like. If it's just a word

126
00:10:31.519 --> 00:10:37.240
that's not minimally creative, you can't
go co op copyright a word you can

127
00:10:37.240 --> 00:10:41.360
copy, you can't. And here's
the things you can't copyright. You can

128
00:10:41.519 --> 00:10:50.039
copyright what mostly people are copyright are
getting copyright protection for drawings and recordings and

129
00:10:50.519 --> 00:10:54.039
sheet music and movies, even dance
steps. But you have to copyright those

130
00:10:54.039 --> 00:11:03.279
footprints, not a video of someone
dancing the footsteps or dress patterns. Now,

131
00:11:03.840 --> 00:11:09.600
remember the Pharrell case, Farrell and
Robin Thick versus the Marvin Gay estate

132
00:11:09.919 --> 00:11:13.639
a few years back. What Marvin
Gay had a copyright in was some sheet

133
00:11:13.720 --> 00:11:26.279
music, and Farrell and Robin Thick
or just ruined for supposedly stealing the sound

134
00:11:26.320 --> 00:11:30.399
and feel of a sound recording that
wasn't really the copyright. That wasn't the

135
00:11:30.440 --> 00:11:35.320
copyright. The copyright was the sheet
music. That's what they registered. So

136
00:11:35.679 --> 00:11:41.000
in that case they should have just
played had someone come into court and play

137
00:11:41.039 --> 00:11:46.600
the sheet music and see if they
stole that they didn't steal, that they

138
00:11:46.639 --> 00:11:52.200
would have won the case, but
it was bad jury instructions. We've spoken

139
00:11:52.200 --> 00:11:54.919
about that before, and this is
probably what the worst thing that happens to

140
00:11:56.000 --> 00:12:01.000
copyright holders or people who are just
trying to, you know, record music

141
00:12:01.039 --> 00:12:05.000
that is influenced by other people is
that jury instructions are bad. So the

142
00:12:05.080 --> 00:12:09.519
juries don't know what to go by. So the law, the legal cases

143
00:12:09.559 --> 00:12:13.440
are sometimes just all over the map
and stupid. So here's the things you

144
00:12:13.480 --> 00:12:18.399
can here's some things you cannot copyright. Ideas and facts. If you have

145
00:12:18.480 --> 00:12:24.519
an idea. If let's say you
some grandpa in the garage tinkering with an

146
00:12:24.559 --> 00:12:26.919
idea, and you're like, I
got an idea for a better adult diaper,

147
00:12:28.360 --> 00:12:30.759
I'm going to register that. You
know what that would be. That

148
00:12:30.759 --> 00:12:35.000
would be a patent. If you
have an idea for a novel new adult

149
00:12:35.000 --> 00:12:39.559
diaper, register patent. That's not
a copyright, that's not a trademark.

150
00:12:39.279 --> 00:12:43.679
So no ideas, no facts.
What's a fact. If you have a

151
00:12:43.720 --> 00:12:54.120
fact that says I have now discovered
a new element in the elemental chart it's

152
00:12:54.559 --> 00:12:58.639
this balloonium or something, well,
okay, well that's a fact. There's

153
00:12:58.639 --> 00:13:01.480
a new element. There's an element
fact. You can't copyright that fact.

154
00:13:03.759 --> 00:13:07.720
Can't copyright the discovery of that fact. If you used it for something,

155
00:13:07.919 --> 00:13:11.600
you could get a patent. Okay, back to what You cannot copyright work

156
00:13:11.679 --> 00:13:16.720
with an expired copyright like the Mickey
Mouse one. You cannot recopyright it.

157
00:13:16.840 --> 00:13:22.759
It expired. It's done. Works
with no original authorship like some old you

158
00:13:22.799 --> 00:13:28.279
know, traditional melody, or a
bunch of people came up with it at

159
00:13:28.320 --> 00:13:30.840
the same time and no one registered
it. No one really knows. It's

160
00:13:30.840 --> 00:13:37.840
in the zeitgeist. You can't register
that our paintings are photographs by monkeys.

161
00:13:37.879 --> 00:13:43.279
There's if you look in my the
pictures on the Facebook page, the monkeys.

162
00:13:43.759 --> 00:13:48.519
This monkey took a selfie of himself
and it went to court and the

163
00:13:48.600 --> 00:13:54.039
court said monkey can't own a copyright. So PETO wanted him to own the

164
00:13:54.039 --> 00:13:58.240
copyright because then they could say,
if the monkey can own a copyright,

165
00:13:58.720 --> 00:14:01.360
then the monkey can have the kinds
of rights and that kind of rights,

166
00:14:01.399 --> 00:14:07.039
and they can take rights away from
you. That's how peda is. You

167
00:14:07.039 --> 00:14:11.039
can leave a message on my Facebook
page if you disagree us government works cannot

168
00:14:11.080 --> 00:14:16.919
be copyright cannot get copyright protection.
Is there a word copyrighted? Is it

169
00:14:16.960 --> 00:14:18.879
a verb? People use it as
a verb. I try to avoid that.

170
00:14:20.600 --> 00:14:24.759
You cannot register for copyright protection.
You cannot receive copyright protection. If

171
00:14:24.759 --> 00:14:26.840
it's a federal government work like you
can go ahead and make a FBI shirt.

172
00:14:26.840 --> 00:14:31.519
They can't do anything about it.
However, state and local governments can

173
00:14:31.559 --> 00:14:37.240
copyright their stuff, so be careful. Scientific principles, mathematical formulae, laws

174
00:14:37.240 --> 00:14:41.919
of nature, as I talked about
before, research methodologies, statistical techniques,

175
00:14:43.720 --> 00:14:48.679
and theorems, whatever those are,
cannot be copyright cannot receive copyright protection.

176
00:14:50.159 --> 00:14:56.120
Laws and regulations, you don't get
copyright protection like legislative reports. These are

177
00:14:56.159 --> 00:14:58.720
just facts, really, So these
kinds of a lot of this stuff all

178
00:14:58.759 --> 00:15:01.480
comes to out of facts, words, names, numbers. A name you

179
00:15:01.519 --> 00:15:05.200
cannot copyright a name, name of
your business, the name of your band,

180
00:15:07.120 --> 00:15:11.120
the name of anything cannot receive a
copyright. What do you get for

181
00:15:11.200 --> 00:15:16.159
your band or your business? You
get a trademark, Rules of grammar,

182
00:15:16.279 --> 00:15:24.799
recipes cannot be received copyright protection.
Okay, and then I've talked a little

183
00:15:24.799 --> 00:15:33.120
bit about trademark. Let's switch over
to the trademark laws. A trademark is

184
00:15:33.159 --> 00:15:37.840
any word, phrase, or symbol, or a design that identifies your goods

185
00:15:37.919 --> 00:15:43.720
or services. It is how products
or services are recognized and distinguished from each

186
00:15:43.720 --> 00:15:54.919
other. So if you have a
band, it's your band's called the Vandals,

187
00:15:54.399 --> 00:16:00.000
you can get a trademark in that
band name because that distinguishes your band

188
00:16:00.120 --> 00:16:04.000
from other marks, other people's bands. And a big thing that it does

189
00:16:04.679 --> 00:16:11.759
is it it'll give you legal protection
for your brand, but it also helps

190
00:16:11.039 --> 00:16:17.360
the public. It might help you
from counterfeiting and fraud. But it helps

191
00:16:17.360 --> 00:16:21.080
the public from counterfeiting and fraud.
And how does the public get harmed from

192
00:16:21.080 --> 00:16:26.919
counterfeiting and fraud? They get harmed
by something called the false designation of origin.

193
00:16:27.440 --> 00:16:33.120
If you are looking at some kind
of dog food for your dog,

194
00:16:33.240 --> 00:16:37.000
and this one says it's called Hill's
brand, super healthy dog food, and

195
00:16:37.039 --> 00:16:41.039
then someone else comes up with super
healthy dog food calls it Hills brand,

196
00:16:41.039 --> 00:16:45.480
but it's not healthy dog brood and
it's made out of a kangaroo byproducts or

197
00:16:45.519 --> 00:16:52.000
something. You wouldn't know that that
was not where you usually get your healthy

198
00:16:52.000 --> 00:16:53.639
dog food, and you might get
your dog killed. So it doesn't only

199
00:16:53.639 --> 00:16:59.960
protect humans, it protects dogs,
so Peter wants to get behind them,

200
00:17:00.399 --> 00:17:07.880
you know, go ahead. So
think about this. Copyright law protects the

201
00:17:07.920 --> 00:17:15.599
author, the creator. Trademark law
protects the customer. The public primarily got

202
00:17:15.599 --> 00:17:21.920
that that is a good way to
think about it. Now, Trademark laws

203
00:17:22.119 --> 00:17:26.079
expire after five years when you register
them. It's pretty short, right,

204
00:17:26.559 --> 00:17:32.039
We've got like ninety five years in
the copyright area. Trademarks can expire in

205
00:17:32.079 --> 00:17:34.880
five years, but you can register
it again, and then after that you're

206
00:17:34.880 --> 00:17:37.599
going to register it for ten years
and then every ten years. You got

207
00:17:37.599 --> 00:17:41.160
to do it. You got to
be vigilant. You can't trademark things that

208
00:17:41.480 --> 00:17:45.640
you're just sitting on. You have
to be using them. In interstate commerce,

209
00:17:45.640 --> 00:17:48.599
you can't trademark an idea and just
say oh, I might use it

210
00:17:48.599 --> 00:17:55.200
someday, or trademark a name for
it's for a product associated with the product.

211
00:17:55.359 --> 00:17:56.400
You know, maybe you have a
beer where you want to call it

212
00:17:57.160 --> 00:18:02.119
pp beer or something. I'm just
making up bad things right now, and

213
00:18:02.240 --> 00:18:03.119
you got that would be a good
name for a beer, peepe beer.

214
00:18:03.519 --> 00:18:07.799
Everybody loves peepee beer. But you
don't make the beer. Well, you

215
00:18:07.839 --> 00:18:12.920
can. You could register an intent
to make peepee beer, and you might

216
00:18:12.960 --> 00:18:17.839
go through, but six months later
it's gonna expire, and someone else could

217
00:18:17.880 --> 00:18:19.519
say come in and say I want
to make peepe beer, but I'm actually

218
00:18:19.559 --> 00:18:22.920
gonna make it, and I'm going
to register this and that other one is

219
00:18:22.960 --> 00:18:29.079
abandoned. It's an abandoned mark.
Trademark got to renew them. But it

220
00:18:29.079 --> 00:18:33.400
will never expire. You can keep
doing it forever. It's the copyright.

221
00:18:33.359 --> 00:18:36.960
You don't have to keep registering it
every year, every ten year or whatever,

222
00:18:37.039 --> 00:18:40.240
butter eventually it will disappear. Now
I'm going to take a break and

223
00:18:40.359 --> 00:18:48.759
come back more with Joe's Galantid Live
from Hollywood, Special Copyright Lecture Edition Joe

224
00:18:48.839 --> 00:18:52.480
Scalante Live from Hollywood. If by
Hollywood you mean Burbank, and we are

225
00:18:53.000 --> 00:18:57.640
talking to Hollywood people right now,
and you creators, authors, composers,

226
00:18:59.039 --> 00:19:04.640
filmmakers, and we're going with a
extendo copyright lecture to give you a primer

227
00:19:04.680 --> 00:19:11.079
on copyright, trademark and public domain
because everybody's talking about it because Mickey Mouse,

228
00:19:11.440 --> 00:19:15.680
certain elements of Mickey Mouse fell into
the public domain recently, and it's

229
00:19:15.680 --> 00:19:19.680
the number one thing on people's lips
when they talk to me about intellectual property.

230
00:19:21.000 --> 00:19:23.039
What's going to happen. Well,
we're going to get there, but

231
00:19:23.319 --> 00:19:29.799
for now we're just kind of moving
kind of methodically. And if you miss

232
00:19:29.880 --> 00:19:32.839
part of this, you could get
it on the podcast version of the show,

233
00:19:32.880 --> 00:19:37.519
which comes out every Sunday night.
It gets put together and this radio

234
00:19:37.559 --> 00:19:44.839
show becomes a podcast. Okay,
this radio show has been going on longer

235
00:19:44.839 --> 00:19:48.160
than there was a word of a
podcast, So now it's just it's kind

236
00:19:48.160 --> 00:19:55.519
of like both. Now let's go
to the fair use doctrine. This is

237
00:19:55.519 --> 00:19:59.319
an exception to the copyright law.
With the fair use doctrine, it is

238
00:19:59.359 --> 00:20:06.400
possible for you to use somebody's copy, somebody's material that has copyright protection and

239
00:20:06.519 --> 00:20:14.680
is registered without asking permission and without
paying them. This would be the fair

240
00:20:14.759 --> 00:20:22.839
use doctrine. There are four elements
of a fair use doctrine case if you

241
00:20:22.839 --> 00:20:26.359
want to use it. This comes
up a lot in documentaries because people,

242
00:20:26.839 --> 00:20:32.599
you know, there's a lot of
protected marks and copyrights and stuff in documentaries,

243
00:20:32.599 --> 00:20:36.799
and how do they get to be
in there. Well, some of

244
00:20:36.799 --> 00:20:40.440
it is the fair use doctrine,
or most of it maybe. Now the

245
00:20:40.440 --> 00:20:44.720
fair use doctrine is now in the
copyright law. It's not just a theory

246
00:20:44.759 --> 00:20:48.240
that you could argue. Now,
let's say you want to use something like

247
00:20:48.279 --> 00:20:53.839
a picture and you want to use
it in your movie. Okay, there's

248
00:20:53.880 --> 00:20:56.920
an author of that picture. The
picture has an author olds the copyright.

249
00:20:59.319 --> 00:21:02.839
Don't you need to get this permission? Maybe? Maybe not? Maybe don't

250
00:21:02.839 --> 00:21:04.519
you need to pay him? Maybe? Maybe not? If you're just showing

251
00:21:04.559 --> 00:21:10.000
it because you like the way it
looks and it's helping your documentary or worse,

252
00:21:10.279 --> 00:21:15.039
helping your fictional movie, which would
be even harder to get in a

253
00:21:15.039 --> 00:21:18.160
fair use argument, you would have
to ask that person for permission, get

254
00:21:18.160 --> 00:21:22.880
their permission, get a license to
use that. But if you're commenting on

255
00:21:22.000 --> 00:21:30.079
the picture itself, you would not
have to get a permission or pay any

256
00:21:30.160 --> 00:21:33.559
money because you have a rite of
free speech to comment on that picture,

257
00:21:33.599 --> 00:21:37.200
and you cannot comment on the picture
effectively without showing the picture you have.

258
00:21:37.400 --> 00:21:41.440
Okay, so here's the four I'll
go there over the four elements. Now

259
00:21:41.440 --> 00:21:45.680
that you've had like a case study
here in your mind. Okay, So

260
00:21:45.759 --> 00:21:48.680
the court would look when they're trying
to figure out whether you use something in

261
00:21:48.720 --> 00:21:52.599
the in the fair use under a
fair use doctrine, and as you can

262
00:21:52.599 --> 00:21:55.640
see it would be probably very expensive
to even get to this point in court.

263
00:21:55.720 --> 00:21:57.079
So you want to just make sure
you know what you're doing, and

264
00:21:57.119 --> 00:22:00.279
sometimes you might just forget about it. Okay, So the court is going

265
00:22:00.279 --> 00:22:07.039
to analyze the purpose and character of
your use. Was it transformative. Let's

266
00:22:07.079 --> 00:22:14.839
say you took a here's the example
that two examples. There's a maybe an

267
00:22:14.920 --> 00:22:22.039
article about logging. Someone wants to
express the dangers of logging, and they

268
00:22:22.079 --> 00:22:26.359
are tree huggers or whatever. So
in this case, someone took a bunch

269
00:22:26.400 --> 00:22:33.839
of photographs of they took their own
photographs, let's say, of some horrible

270
00:22:33.880 --> 00:22:38.519
things happening to the forest as the
result of logging. Then they spliced in

271
00:22:40.839 --> 00:22:48.359
a speech that had copyright protection from
a guy in the logging industry, and

272
00:22:48.400 --> 00:22:53.039
they wanted to show that everything he
said was maybe false, or it has

273
00:22:53.079 --> 00:22:56.880
another side to it, or they're
going to dramatize it by showing a picture.

274
00:22:56.480 --> 00:22:59.519
So this guy who wrote the speech
says, well, I'm going to

275
00:22:59.519 --> 00:23:03.680
get him for reprinting my speech without
permission. But the court in that case

276
00:23:03.720 --> 00:23:08.160
would say, well, that was
a speech, guy. But now because

277
00:23:08.160 --> 00:23:15.880
of the use that the defendants made
of it, it was transformative. It

278
00:23:15.920 --> 00:23:22.039
was transformed from your speech to a
compelling statement about logging practices. It was

279
00:23:22.039 --> 00:23:26.200
like a political statement. So now
it's like political speech. It has more

280
00:23:26.240 --> 00:23:33.599
protection than regular speech. So you
cannot stop people from creating this message by

281
00:23:33.680 --> 00:23:37.240
juxtaposing these pictures with your words,
because they transformed it into something else,

282
00:23:37.319 --> 00:23:42.000
So you lose the court's look at
the nature of the copyrighted work itself.

283
00:23:42.400 --> 00:23:45.839
Was it a factual story or a
fictional story? Because it would be harder

284
00:23:45.920 --> 00:23:49.359
to take somebody's stuff and put it
in your fictional story than it you know,

285
00:23:49.359 --> 00:23:53.480
because how are you analyzing something if
it's in a fictional story. It

286
00:23:53.640 --> 00:23:59.720
just be harder. If it's a
documentary a factual story, of course,

287
00:24:00.079 --> 00:24:03.599
analyze that photo or that poem or
something. And then you would need to

288
00:24:03.920 --> 00:24:07.839
show the photo and at least an
excerpt from the phone to make your First

289
00:24:07.839 --> 00:24:14.200
Amendment rights complete. Is it a
published work or an unpublished work, Believe

290
00:24:14.200 --> 00:24:15.920
it or not. Unpublished work,
they get a lot of protection because those

291
00:24:15.920 --> 00:24:19.359
are like more private. Once you
publish something, there's a lot of you.

292
00:24:19.759 --> 00:24:23.319
You lose a little bit of your
control over it. Number three,

293
00:24:23.400 --> 00:24:29.119
the amount and substantiality of the portion
taking. Let's say you take the whole

294
00:24:29.200 --> 00:24:32.119
song and you analyze a song,
but you recorded the song, and now

295
00:24:32.160 --> 00:24:36.240
nobody has to buy the song because
he can get it from you for free.

296
00:24:36.400 --> 00:24:37.960
A photo, you reprint the whole
photo and make a comment on it

297
00:24:38.000 --> 00:24:41.240
now, or you make a poster
of the photo. Look at this,

298
00:24:41.319 --> 00:24:44.240
I'm commenting on this photo, and
here's my poster of it. Now you

299
00:24:44.240 --> 00:24:49.279
took away the poster market. There's
a movie called Expelled by Ben Stein where

300
00:24:49.319 --> 00:24:56.400
he was trying to get the message
across that religion has been trivialized in our

301
00:24:56.519 --> 00:25:07.720
nation today. So he used the
example of the song Imagine by John Lennon.

302
00:25:07.160 --> 00:25:12.000
In that song, there are lyrics
that say imagine no religion. So

303
00:25:12.039 --> 00:25:15.240
he said, look, this is
the most popular songwriter in the world,

304
00:25:15.279 --> 00:25:18.079
and he said imagine no religion.
Like that's supposed to be a great thing.

305
00:25:18.160 --> 00:25:26.279
Do you see how a public the
modern artists don't. Not only do

306
00:25:26.359 --> 00:25:32.519
they not like religion, they say
it would be a better place in general

307
00:25:32.559 --> 00:25:36.119
without it. So that's his message. So to demonstrate that that is a

308
00:25:36.119 --> 00:25:41.359
powerful message in the pop culture,
he plays the song, but he doesn't

309
00:25:41.359 --> 00:25:45.079
play all the song. He only
plays as much as he needs to make

310
00:25:45.079 --> 00:25:49.000
that point across Yoko Ono Susan.
They go to court. Ben Stein wins

311
00:25:49.119 --> 00:25:52.640
because his movie made a message,
and the court said, you know what,

312
00:25:53.519 --> 00:25:56.880
he had to play some of that
song to make his point, and

313
00:25:56.920 --> 00:26:02.480
he didn't take too much of it. He only took a little bit of

314
00:26:02.519 --> 00:26:07.359
it. And then the fourth prong
is what would the effect of this use

315
00:26:07.599 --> 00:26:11.440
in the fair use have on the
original product. Nobody's gonna not buy or

316
00:26:11.519 --> 00:26:17.000
download the Imagine song just because ben
Stein put a little bit of it in

317
00:26:17.079 --> 00:26:19.400
his movie, So that's what.
Then the other prongs of the fair use

318
00:26:19.400 --> 00:26:25.200
doctrine. Fairy doctrine is very handy, and we really need that for people

319
00:26:25.240 --> 00:26:29.079
to be able to make documentaries and
to make parodies and stuff like that.

320
00:26:29.680 --> 00:26:32.480
All right, so now we're going
to go into the public domain. What

321
00:26:32.680 --> 00:26:37.920
is the public domain? The public
domain is where stuff goes when the copyrights

322
00:26:37.920 --> 00:26:42.039
expire or if they never had a
copyright. So work is generally considered to

323
00:26:42.079 --> 00:26:47.839
be within the public domain if it
is ineligible for a copyright protection or its

324
00:26:47.880 --> 00:26:52.200
copyright has expired. Public Domain works
can serve the foundation for new creative works.

325
00:26:52.200 --> 00:26:56.359
So you can take a copyrighted work
and you can monkey with it and

326
00:26:56.400 --> 00:27:03.000
make a new work. And society
has decided, here's society again that after

327
00:27:03.000 --> 00:27:06.559
a certain amount of time, protection
isn't really needed, and it's time to

328
00:27:06.640 --> 00:27:10.960
let other people have a crack.
Examples of stuff that people have had a

329
00:27:10.960 --> 00:27:14.279
crack on and improved upon, or
you know, made, was movies like

330
00:27:14.359 --> 00:27:18.079
movies about Anne of Green Gables that
is from nineteen oh eight, that's in

331
00:27:18.119 --> 00:27:22.680
the public domain, Movies about Black
Beauty eighteen seventy seven, Christmas Carol eighteen

332
00:27:22.759 --> 00:27:25.480
forty three. What would the world
be like if we didn't have any Christmas

333
00:27:25.480 --> 00:27:33.559
Carol stories or movies when Charles Dickens
wrote this in eighteen forty three. We

334
00:27:33.599 --> 00:27:40.480
don't need to give the descendants of
Charles Dickens's control over this forever. It's

335
00:27:40.480 --> 00:27:41.880
better to let people take a crack
at it, and we have plays and

336
00:27:41.960 --> 00:27:45.359
musicals and all kinds of stuff like
that. Count Dracula eighteen ninety seven,

337
00:27:45.440 --> 00:27:49.319
same thing, Journey to the Center
of the Earth eighteen sixty four, Wizard

338
00:27:49.400 --> 00:27:55.400
of Oz nineteen hundred, although the
Wizard of Oz movie it wasn't in the

339
00:27:55.400 --> 00:27:59.000
public domain when they made that.
The big movie, but it is now

340
00:27:59.039 --> 00:28:03.839
and people can do weird stuff with
it if they want. So let's let's

341
00:28:03.839 --> 00:28:07.000
just let that continue. Okay.
So we're going to take another break,

342
00:28:07.000 --> 00:28:11.720
and when we come back, we're
going to show you how the history of

343
00:28:11.720 --> 00:28:19.200
the Mickey Mouse character mirrors US copyright
law. And this is how ultimately Mickey

344
00:28:19.200 --> 00:28:22.480
Mouse, as of January first,
ends up in the public domain. Joe

345
00:28:22.559 --> 00:28:48.680
Scalante Live from Hollywood, back after
this, Joe ask Alanti, here's my

346
00:28:48.799 --> 00:28:55.880
lawyer. You don't want money.
Joe Scalante Live from Hollywood by Hollywood,

347
00:28:55.920 --> 00:29:00.599
Mean Burbank or continuing the copyright mcl
E lecture did I gave last week for

348
00:29:00.640 --> 00:29:06.480
the Southeast District Bar Association. Okay, So the history of Mickey Mouse mirrors

349
00:29:06.519 --> 00:29:14.359
the history of US copyright right law. Steamboat Willie debuts in nineteen twenty eight,

350
00:29:14.400 --> 00:29:18.240
and it is operating under the protection
of the Copyright Act of nineteen oh

351
00:29:18.319 --> 00:29:22.440
nine. And before nineteen oh nine, the last major revision of the copyright

352
00:29:22.559 --> 00:29:29.839
laws was the Copyright Act of eighteen
seventy. Methods of reproducing and duplicating work

353
00:29:29.920 --> 00:29:33.200
subject to copyright had significantly increased in
that time, you know, as the

354
00:29:33.200 --> 00:29:37.319
modern world's coming up since the First
Copyright Act in seventeen ninety. So you

355
00:29:37.359 --> 00:29:42.799
see that the Copyright Act has been
around. They've been having them since seventeen

356
00:29:42.880 --> 00:29:47.720
ninety. And actually, if you
looked in the US Constitution, this will

357
00:29:47.720 --> 00:29:56.960
blow your mind. Article one,
Section eight, Clause eight. The Congress

358
00:29:56.960 --> 00:30:00.200
shall have power to promote the progress
of science and use arts by securing,

359
00:30:00.319 --> 00:30:07.079
for limited times to authors and inventors
the exclusive right to their respective writings and

360
00:30:07.119 --> 00:30:15.599
discoveries. That's in the US Constitution. Okay, that's at the very beginning

361
00:30:15.640 --> 00:30:25.119
of this country. Now, it's
that important seventeen ninety First Copyright Act,

362
00:30:25.359 --> 00:30:30.000
and now we're still operating off these
modifications of nineteen oh nine. And then

363
00:30:30.359 --> 00:30:34.079
in nineteen oh eight there was a
case where the Supreme Court said that manufacturers

364
00:30:34.119 --> 00:30:40.799
of panola music roles you know in
those player pianos, were not required to

365
00:30:40.880 --> 00:30:45.279
pay the royalties to the composers because
that wasn't it didn't fit the definition in

366
00:30:45.319 --> 00:30:48.880
which at that time was definition was
a written or printed record of intelligible notation.

367
00:30:49.200 --> 00:30:52.519
You know, they have no recordings
at that time. They haven't invented

368
00:30:52.519 --> 00:30:56.240
these weird little cylinders that play on
make pianos play so it was just written

369
00:30:56.240 --> 00:30:59.960
a printed record. So they had
to change the lot to night the law,

370
00:31:00.039 --> 00:31:04.480
and in nineteen oh nine they change
that so that the piano player piano

371
00:31:04.960 --> 00:31:11.960
composers could get their royalties. Then
we have to go fast forward to the

372
00:31:12.000 --> 00:31:18.359
Copyright Act of nineteen seventy six.
Disney's getting a little nervous things might be

373
00:31:18.400 --> 00:31:25.400
falling into the public domain that they
made, and so their lobbying to get

374
00:31:26.599 --> 00:31:29.759
tougher laws, and you know,
laws that will protect authors. And they

375
00:31:29.799 --> 00:31:32.839
always say this protects authors and creators
and writers, but what they're really saying

376
00:31:32.880 --> 00:31:37.480
is it corrects. It protects their
giant, multi million dollar, billion dollar

377
00:31:37.519 --> 00:31:40.880
in multinational corporation. But that's okay
because they make Disneyland when you let them

378
00:31:40.920 --> 00:31:45.680
have their things, and you know, good movies like Blackbeard's Ghost. If

379
00:31:45.720 --> 00:31:48.400
you haven't seen it, you should
see it. Foremost among the changes introduced

380
00:31:48.440 --> 00:31:52.640
in nineteen seventy six was the creation
of a federal copyright protection for every work

381
00:31:52.680 --> 00:31:56.680
as soon as it is created,
that is, when it is first fixed

382
00:31:56.680 --> 00:32:00.240
in a tangible medium of expression,
which could be that little wax role for

383
00:32:00.279 --> 00:32:06.720
the player, piano, could be
a movie, could be a digital file.

384
00:32:07.640 --> 00:32:10.000
So Now you get protection as soon
as you make something. You don't

385
00:32:10.000 --> 00:32:13.240
have to register it and put an
R on it in a date and all

386
00:32:13.279 --> 00:32:15.000
that complicated stuff that you used to
have to do that caused a lot of

387
00:32:15.039 --> 00:32:19.680
things to fall into the public domain
before their time. Now all you have

388
00:32:19.720 --> 00:32:22.880
to do is create it. Once
you create it, it has protection.

389
00:32:22.279 --> 00:32:25.279
Now why would you register it.
You would register it to get two things.

390
00:32:25.960 --> 00:32:30.240
Number one, attorney's fees if you
have an infringement case and you win.

391
00:32:30.680 --> 00:32:34.400
And number two, you can sue
for statutory damages, which are huge.

392
00:32:34.680 --> 00:32:37.799
Now you can get a lawyer to
take it on a contingency basis because

393
00:32:37.240 --> 00:32:40.519
the lawyer is looking at all this
money they're going to get and so they're

394
00:32:40.559 --> 00:32:45.440
going to pay the upfront costs.
That really helps the small guy. And

395
00:32:45.039 --> 00:32:49.519
otherwise you'll never get a lawyer to
take your case because they'll be charging you

396
00:32:49.640 --> 00:32:52.480
five hundred dollars an hour one thousand
dollars an hour. I heard about a

397
00:32:52.519 --> 00:32:55.960
lawyer the other day that makes thirty
five hundred dollars an hour. So you

398
00:32:57.079 --> 00:33:00.359
need to have that contingency so that
they will hey the upfront costs and they'll

399
00:33:00.359 --> 00:33:05.960
split it with you if they win. Now later, we have this Sunny

400
00:33:05.960 --> 00:33:14.400
Bono Copyright Term Extension Act that came
about in nineteen ninety eight, and that

401
00:33:14.519 --> 00:33:17.119
is, you know, was when
Sunny Bono, the singer of you two

402
00:33:17.519 --> 00:33:23.039
well as a congressman, right,
you know, I'm right. So they

403
00:33:23.039 --> 00:33:30.720
also called that the Mickey Mouse Protection
Act, and that extended the copyright laws

404
00:33:30.759 --> 00:33:35.079
a little more. In the nineteen
seventy six Act, a copyright would last

405
00:33:35.319 --> 00:33:38.799
for the life of the author plus
fifty years for the last surviving offer,

406
00:33:39.119 --> 00:33:44.319
or seventy to five years from publication
or one hundred years after creation, whichever

407
00:33:44.400 --> 00:33:50.359
is shorter. Okay. The nineteen
seventy six Acts also increased the renewal terms

408
00:33:50.359 --> 00:33:53.119
for copyrights that were done before nineteen
seventy eight. It's a little technical,

409
00:33:53.200 --> 00:34:00.960
don't worry about it. Nineteen ninety
eight Act extended this to seventy years for

410
00:34:01.079 --> 00:34:07.279
works of corp authorship, for seventy
years for people that regular authors, in

411
00:34:07.599 --> 00:34:14.480
ninety five years for corporate authorship,
or one hundred and twenty years after creation.

412
00:34:15.800 --> 00:34:21.079
This law effectively froze the advancement date
of the public domain in the United

413
00:34:21.119 --> 00:34:24.280
States for works covered under the older
fixed term copyrights. Under this Act,

414
00:34:24.519 --> 00:34:30.119
works made in nineteen twenty three or
after. This is where Steamboat Willy comes

415
00:34:30.159 --> 00:34:36.480
in, would not enter to the
public domain until twenty nineteen or later.

416
00:34:36.599 --> 00:34:39.920
Mickey Mouse specifically having first appeared in
nineteen twenty eight, and Steamboat Willy entered

417
00:34:39.960 --> 00:34:44.039
the public domain in twenty twenty four
January. First, you remember that it

418
00:34:44.159 --> 00:34:46.400
just happened. Maybe you saw the
vandals shirts on vandals dot com. We

419
00:34:46.480 --> 00:34:52.440
have a whole line of Vandal's Steamboat
Willy style Mickey Mouse shirts and they're selling

420
00:34:52.519 --> 00:34:57.639
like hotcakes. I'm not here to
sell you t shirts, but they are

421
00:34:57.679 --> 00:35:02.000
selling like hotcakes. So this is
crazy. And people thought where they were

422
00:35:02.000 --> 00:35:07.679
panicking, and Disney was especially panicking
because they had such a history of enforcing

423
00:35:07.719 --> 00:35:10.400
their copyrights and going after people,
that what's going to happen Now They're going

424
00:35:10.480 --> 00:35:15.239
to lose some of their Mickey Mouse
stuff they had already lost. We need

425
00:35:15.280 --> 00:35:20.719
the Pooh, and we need the
Pooh. Someone made a movie last year

426
00:35:20.719 --> 00:35:22.880
a couple of years ago called Blood
and Honey, and where we need the

427
00:35:22.880 --> 00:35:24.920
Pooh is a murderer. You can
even make we Need the Pooh look like

428
00:35:24.920 --> 00:35:28.840
a murderer. It's in the public
domain. You can do whatever you want

429
00:35:28.880 --> 00:35:36.159
once in the public domain, even
if it seems to hurt the present day.

430
00:35:36.280 --> 00:35:39.159
We need the Pooh. There's a
steamboat Willy horror film, same thing.

431
00:35:39.199 --> 00:35:43.400
Mickey Mouse is a murderer. Doesn't
that harm? Isn't that defamation?

432
00:35:43.639 --> 00:35:46.119
Or isn't that, you know,
unfair? I don't know. Courts are

433
00:35:46.119 --> 00:35:51.679
allowing it. They got a First
Amendment right to take an old thing and

434
00:35:51.719 --> 00:35:55.559
make it new again and do whatever
you want with it. You can make

435
00:35:55.599 --> 00:35:58.719
it, you know, like I
say, these are derivative works, these

436
00:35:58.719 --> 00:36:00.360
are adaptations. You can and make
a theme park ride. You can do

437
00:36:00.400 --> 00:36:05.320
whatever you want with these things.
Now as long as you're not you got

438
00:36:05.360 --> 00:36:07.039
to use the steamboat Willie Mickey Mouse. Okay, remember that. If you

439
00:36:07.079 --> 00:36:08.960
want to make a Mickey Mouse thing, you got to use that one.

440
00:36:09.039 --> 00:36:14.039
Or there's one called plane Crazy.
You can actually distribute these cartoons yourself if

441
00:36:14.079 --> 00:36:15.000
you want too, now that they're
in their public domain. If you get

442
00:36:15.000 --> 00:36:19.719
a copy of it, you can
make a copy yourself and sell DVDs of

443
00:36:19.719 --> 00:36:24.199
it. It's in the public domain. Go ahead. So why do they

444
00:36:24.239 --> 00:36:30.079
allow this? You know? They
allow this so new cool things can be

445
00:36:30.199 --> 00:36:32.760
created. Now, do new cool
things get created. Yeah, they do,

446
00:36:32.800 --> 00:36:37.039
and we know that because we've seen
Walt Disney himself do it. He

447
00:36:37.119 --> 00:36:40.039
went out and got snow White Alice
in Wonderland that's at eighteen sixty five product.

448
00:36:40.280 --> 00:36:44.760
Hunchback of Notre Dame that's an eighteen
thirty one product. Where would we

449
00:36:44.800 --> 00:36:49.280
be without Walt Disney's The Jungle Book, one of my favorite movies of all

450
00:36:49.320 --> 00:36:52.159
time, that was made in eighteen
ninety four. When he got it,

451
00:36:52.159 --> 00:36:57.800
it was in the public domain.
So this is what most people are asking

452
00:36:57.800 --> 00:37:00.000
about. Peter Pan. Peter Pan's
a special case because of the government.

453
00:37:00.239 --> 00:37:05.639
The UK government extended that copyright like
in perpetuity because all the royalties were left

454
00:37:06.079 --> 00:37:09.440
to a like a something called the
Great Ormond Street Hospital, you know,

455
00:37:09.480 --> 00:37:12.840
for children, and so the government
said, all right, we're going to

456
00:37:13.000 --> 00:37:17.920
keep that when going so all that
money goes to that charity. But in

457
00:37:19.000 --> 00:37:21.519
general, you know, things run
out and you get to go do whatever

458
00:37:21.559 --> 00:37:25.559
you want to do to them with
them. To them, just stay away

459
00:37:25.559 --> 00:37:30.800
from the modern versions of these products. Don't put Mickey Mouse in a wizard

460
00:37:30.880 --> 00:37:35.280
suit like from Fantasia, and just
stick with the old Mickey Mouse and you're

461
00:37:35.320 --> 00:37:38.239
going to be fine. And since
this happened January first, you know,

462
00:37:38.280 --> 00:37:43.079
I haven't seen a lot other than
the horror film. And the horror film's

463
00:37:43.079 --> 00:37:45.519
probably going to be terrible, and
it's going to fade away in history.

464
00:37:45.559 --> 00:37:50.159
It's not going to hurt Mickey Mouse
too much. The vandal shirts selling great,

465
00:37:50.320 --> 00:37:54.400
but where ours are just cute and
we appreciate it. And Walt Disney

466
00:37:54.400 --> 00:37:59.360
appreciated the public domain, so I
don't think he's turning in his grave or

467
00:37:59.400 --> 00:38:05.760
anything. And this is just the
natural evolution of intellectual property. Box,

468
00:38:06.320 --> 00:38:13.199
and that's it for me. I
hope you liked your copyright intellectual property lecture

469
00:38:13.400 --> 00:38:19.679
and I will see you next time
on Joe'scalante Live from Hollywood. You can

470
00:38:19.679 --> 00:38:22.960
look at a lot of these pictures
on my Facebook page and it'll make a

471
00:38:22.960 --> 00:38:22.719
little more sense. Ab