Employment Law Today

Tuesday, June 21, 2022
Facebook Live Video from 2022/06/21 - Copyright and I.P. Issues For Employers - Protecting Your Content

Facebook Live Video from 2022/06/21 - Copyright and I.P. Issues For Employers - Protecting Your Content


2022/06/21 - Copyright and I.P. Issues For Employers - Protecting Your Content

[NEW EPISODE] Copyright and I.P. Issues For Employers - Protecting Your Content

Our audience will learn how to identify copyright issues and protect the integrity of their work-product and employees' produced content for their business. 

With the changing workforce of consultants, the gig economy, and more employees sharing creative materials off of the web via work-from-home setups, many employers are running into copyright issues surrounding their work content and products. How can you protect your content as a business owner and employer?

On this next episode of Employment Law Today, join me and my guest, David Newhoff, co-founder of RightsClick, Inc, author, and copyright advocate, to discuss copyright protection and issues for employers to consider.

LinkedIn Profile:




Twitter: @DavidLNewhoff

Tune in for this informative conversation at or watch the Facebook Livestream by Clicking Here.

Show Notes

Segment 1

Eric introduces his guest, David Newhoff, co-founder of RightsClick, Inc. RightsClick is a software suite to help manage copyright portfolios. David ‘s background is all in the creative field. He is a writer, he has done a lot of video production and film production work as well for over 20 years in New York and outside of New York. He fell into copyright by accident while having a conversation with a friend who was a part of the Copyright Alliance. During this time, there were many organizations that were going against an anti-piracy bill that was being proposed in congress. During this time, David was getting very interested in the topic and how much misinformation would spread on the internet. He also discusses Rightsclick and how it is designed for the independent creators. David also talks about his book “Who Invented Oscar Wilde? The Photograph at the Center of Modern American Copyright.” David explains the differences in patent law, explains what is trademark and copyright. He also talks about what businesses should think about when it comes to copyright.

Segment 2

Eric and David continue their discussion about what employers should be concerned about when it comes to copyright. Businesses may have content that is being promoted. David gave an example of an employee who may be promoting for a company or organization and takes a photo from the internet and uses it. This can lead to issues with the original owner as it is related to copyright infringement. David also mentions licensing your work. They discuss things like the issue of using a stock image that has a model in it and how there can be an issue there because of agreements that may not be thought about. Eric mentions music copyright. David talks about an act that was passed in 2020 creating a small claim provision called the Copyright Claims Board, an alternative to going into federal court for independent creators who have claims that are worth a few thousand dollars; different from a federal claim.

Segment 3

David talks with Eric about what companies can do to avoid copyright issues. David says that depending on the organization, it may be worth integrating copyright education in your HR plan, especially if your employees are doing this on a regular basis for your social media platforms for instance. He also says that it's very common to hire consultants and either outside help for building a website, making videos, or writing materials. This can help a company protect itself. Eric asks David about what's to consider when it comes to remote work. David mentions that copyright issues can still occur even somewhere over zoom. For example, a conference can be recorded and maybe music or other similar content can be used and if this zoom meeting is put out on a company’s website or other media platform, it is possible for this to include copyrighted content and therefore be blocked, taken down, or a possible lawsuit depending on the situation.

Segment 4

David talks about RightsClick. RightsClick is still brand new. David is a co-founder, along with Steven Tepp. They have been working on this for about 8 months now. It's designed as a database of legally relevant information that you associate with your creative works. Their system makes it easier to control portfolio work. He also says that you can register through RightsClick with the copyright office for your original work. They also offer an infringement assessment tool that helps you learn whether you have a claim of copyright infringement against somebody who misused your work. With the information that is captured, you can take action if you choose to. They help you file a claim and stay on top of it while possibly saving money from hiring an attorney. Though, they also give a list of attorneys that specialize in copyright infringement. You can find more information at They are also on Facebook and Linkedin. David says that they are also working on doing a webinar for those who are interested in protecting their copyrights.


00:00:57.210 --> 00:01:04.230 Eric Sarver, Esq.: Good evening, welcome to employment law today i'm your host erick solder i'm an employment law and business law attorney.

00:01:04.530 --> 00:01:16.350 Eric Sarver, Esq.: And I host this live weekly talk radio show, and this live video broadcast every Tuesday night from 5pm to 6pm Eastern standard time right here on talk radio and yc.

00:01:16.650 --> 00:01:29.040 Eric Sarver, Esq.: Where I have guests who discuss some of the most interesting novel and complex challenges that business owners and employers are facing during these trying times and in the spirit of that.

00:01:29.790 --> 00:01:38.280 Eric Sarver, Esq.: theme that topic of my show very happy tonight we're happy to have as a guest, Mr David new half David welcome to the show.

00:01:40.740 --> 00:01:45.120 Eric Sarver, Esq.: Oh, I think you're on mute just I should mention that this there we go.

00:01:46.230 --> 00:01:46.800 David Newhoff: Thanks so much.

00:01:46.830 --> 00:01:48.330 David Newhoff: for having me it's a pleasure to be here.

00:01:48.600 --> 00:01:56.400 Eric Sarver, Esq.: yeah pleasure to have you on the show absolutely i'm going to tell our guests little bit more about who you are and your background and what you do so they're kind of.

00:01:57.480 --> 00:02:06.480 Eric Sarver, Esq.: knowing who you're interested in what we have to say, but I also want to introduce our topic leaving first that works for you, and then we can get to you some questions as well.

00:02:07.560 --> 00:02:08.760 Eric Sarver, Esq.: Okay, so our top.

00:02:09.660 --> 00:02:17.400 Eric Sarver, Esq.: Excellent right our topic for tonight is a copyright and IP issues for employers protecting your content.

00:02:17.730 --> 00:02:25.140 Eric Sarver, Esq.: And you know Dave they're talking about this before the show the fact that, with the changing workforce of consultants and the gig economy.

00:02:25.680 --> 00:02:40.320 Eric Sarver, Esq.: And with more employees sharing creative materials off the web and of the work from home setups many employers are running into copyright issues surrounding that work content and the products that they create for clients and customers.

00:02:41.520 --> 00:02:45.360 Eric Sarver, Esq.: So the question becomes, how can you the business owner employer listening tonight.

00:02:45.870 --> 00:02:53.640 Eric Sarver, Esq.: How can you protect your content from copyright infringement claims and other issues, what steps can you take, to be sure that your consultants.

00:02:54.000 --> 00:02:59.610 Eric Sarver, Esq.: Your employees and your workers are not setting a business up for the intellectual property lawsuit.

00:03:00.210 --> 00:03:06.180 Eric Sarver, Esq.: And on this episode i'm joined by my guest David new off co founder of rights click David is an author.

00:03:06.630 --> 00:03:15.330 Eric Sarver, Esq.: And a copyright advocate and we'll be discussing copyright protection and issues for employers to consider, and I also want to read david's.

00:03:16.050 --> 00:03:33.600 Eric Sarver, Esq.: Bio so you have a sense of of who David is very interesting person David new Hoff, though he's not an attorney I need to say that he's not a corporate attorney or a lyric David is a freelance writer a communications consultant and an author and copyright advocate.

00:03:34.800 --> 00:03:46.920 Eric Sarver, Esq.: His blog the illusion of more is followed by legal experts and the creative community and in 2020 david's book who invented Oscar Wilde, the photograph at the Center of modern American copyright.

00:03:47.370 --> 00:03:57.240 Eric Sarver, Esq.: was published by University of the rest of press in the fall of 2021 David and his business partner Stephen tab co founded the startup rates click rates click Inc.

00:03:58.230 --> 00:04:08.310 Eric Sarver, Esq.: A software suite designed to help creative professionals manage their copyright portfolios so again, we have really interesting person on here creative prison author.

00:04:09.060 --> 00:04:26.970 Eric Sarver, Esq.: A blogger and activists and copyrights kind of source so with that David let's get into our first question, which is what I read your bio we know we're dealing with but tell us more about yourself, like, for example, how did you career initially started out David and.

00:04:27.030 --> 00:04:28.410 Eric Sarver, Esq.: And what prompted you to become.

00:04:28.860 --> 00:04:31.380 Eric Sarver, Esq.: A copyright advocate and author and a founder right.

00:04:31.950 --> 00:04:38.520 David Newhoff: Right so um, thank you for all that, and thank you again for having me on, and let me, let me.

00:04:38.670 --> 00:04:39.960 David Newhoff: Once again reiterate that.

00:04:39.960 --> 00:04:41.850 David Newhoff: I am not an attorney for those listening.

00:04:42.720 --> 00:04:44.430 David Newhoff: So do not consider this legal advice.

00:04:45.030 --> 00:04:56.880 David Newhoff: But, to answer your question, so I my background is all in the creative field i'm looking as both on my own work, as well as a lot of work made for hire in New York City.

00:04:57.300 --> 00:05:04.980 David Newhoff: As in creative both a writer video editor producer of a lot of video productions and and film production work.

00:05:06.480 --> 00:05:08.670 David Newhoff: And I did that for.

00:05:08.910 --> 00:05:10.890 David Newhoff: Good 20 years.

00:05:12.240 --> 00:05:28.050 David Newhoff: easily in New York and and also outside New York and i'm and I kind of fell into copyright somewhat by accident very good friend of mine was then her name is Sandra I stars and she was then the head of an organization called the copyright alliance.

00:05:29.490 --> 00:05:47.670 David Newhoff: And we just it sort of grew organically out of conversations right at the end of 2011 into 2012 which happened to be the height of what was then what what is so called the anti Silva campaign they'll many people might not remember what that was.

00:05:48.510 --> 00:06:02.070 David Newhoff: It was a very big deal on the Internet, where a whole lot of organizations and the Internet industry came out vehemently against this anti piracy bill that was that was being proposed in Congress.

00:06:02.580 --> 00:06:03.570 David Newhoff: And um.

00:06:04.320 --> 00:06:18.630 David Newhoff: And that was literally the the the period when I got very interested in the topic, not only in defensive of authors rights, but also very interested in the subject which is partly the subject of my blog of how.

00:06:19.710 --> 00:06:25.530 David Newhoff: How misinformation spread so rapidly on the Internet Little did I know how serious that would be.

00:06:27.150 --> 00:06:39.810 David Newhoff: As a topic in general but, but that was my my sort of initiation into the world and then that that I started just I wrote an article on the Hill and I wrote one for stars and stripes and then I started writing.

00:06:40.320 --> 00:06:41.160 David Newhoff: Things that just.

00:06:41.910 --> 00:06:48.750 David Newhoff: appealed to me as topics blog under my own name and then I launched the illusion of more in the summer of 2012.

00:06:50.700 --> 00:06:54.300 David Newhoff: And i've been doing that ever since, in addition to other things.

00:06:56.550 --> 00:07:05.190 Eric Sarver, Esq.: Interesting they interesting background, you know i'm always intrigued and curious about how am I guess fine their current role or the current.

00:07:06.270 --> 00:07:13.620 Eric Sarver, Esq.: Company what they do and I hear different variations of either something wasn't either in someone's mind that they were.

00:07:14.040 --> 00:07:22.680 Eric Sarver, Esq.: Six years old, eight years old, and they would go to their their mother and father's office and you presented, or they tend to be a doctor and stuff they loved it.

00:07:23.580 --> 00:07:33.000 Eric Sarver, Esq.: And the folks here who maybe had an experience seeing a large corporate setting and wanting to mirror that and their own and then a year, you know call the accidental.

00:07:33.750 --> 00:07:34.770 Eric Sarver, Esq.: Like a better term right.

00:07:35.610 --> 00:07:50.400 Eric Sarver, Esq.: You know it's a journey, you know the person that maybe they as you use the phrase fall into it right you you're in a similar field of writing and editing video about creativity, out of the corporate issues coming up, then you see the anti piracy, you know bill is issue 10 years.

00:07:50.400 --> 00:08:05.130 Eric Sarver, Esq.: ago roughly in Congress, and you know start to get you involved so is interesting, I guess, I hear some sounds like graphics and passionate about the creative side, and then they be getting parlayed into or tell it fell into this other area as well, perhaps.

00:08:05.460 --> 00:08:17.040 David Newhoff: Well, it turns out i'm very argumentative which is not news to anybody who knows me so when you if you combine a love of arguing with with with a love of writing you and.

00:08:17.790 --> 00:08:20.490 David Newhoff: You know something like law and policy just kind of fits.

00:08:21.090 --> 00:08:29.370 David Newhoff: yeah and then and then, when that dovetails with defending artists and in the creative field it's sort of a perfect match, and in that way.

00:08:31.320 --> 00:08:41.070 David Newhoff: And then, to finish here that you know, so the book came out of out of the result of having you know acquired roughly 10 years worth of copyright, knowledge and I thought well.

00:08:41.310 --> 00:08:42.180 David Newhoff: What do I do with this.

00:08:42.900 --> 00:08:48.300 David Newhoff: I decided to write a book which I can talk about it more in more detail if you'd like but.

00:08:48.330 --> 00:08:50.130 David Newhoff: But it's actually focuses on.

00:08:51.360 --> 00:09:00.000 David Newhoff: On a seminal case in 1884, which was the case that affirmed copyright ability of photography for all all photographs under US law.

00:09:01.050 --> 00:09:05.370 David Newhoff: The copyright ability or the constitutionality of that was challenged.

00:09:06.570 --> 00:09:12.870 David Newhoff: Over a famous photograph of Oscar Wilde, and in 1884 the Supreme Court affirmed that it wasn't fact.

00:09:14.310 --> 00:09:16.200 David Newhoff: protected under under the law.

00:09:17.730 --> 00:09:19.680 David Newhoff: And then, and then rights click.

00:09:19.800 --> 00:09:29.790 David Newhoff: came about is is brand new integrity, I began kind of car, you know writing it out on the back of an envelope, as it were, about eight months ago.

00:09:30.840 --> 00:09:33.210 David Newhoff: And the whole purpose of rights click is it's a.

00:09:34.260 --> 00:09:35.370 David Newhoff: it's a software suite.

00:09:36.420 --> 00:09:47.910 David Newhoff: designed for the independent creator almost everybody in America as a copyright owner, not everybody necessarily as a professional creator um but um.

00:09:48.960 --> 00:09:49.920 David Newhoff: But one of the reasons.

00:09:50.250 --> 00:09:53.580 David Newhoff: There are a few reasons why independence don't participate in the copyright.

00:09:53.580 --> 00:09:54.870 David Newhoff: system, and one of them.

00:09:55.770 --> 00:09:56.910 Eric Sarver, Esq.: The other is understanding.

00:09:57.000 --> 00:09:57.990 Eric Sarver, Esq.: And so the screen.

00:09:58.500 --> 00:10:06.030 David Newhoff: That we've built this is meant to to help people address both of those and i'm happy to answer more questions on that.

00:10:06.900 --> 00:10:15.930 Eric Sarver, Esq.: yeah sure nothing against that you know we have a chance at the show I think goes on in progress in our conversation talk about it breaks like and what you guys.

00:10:16.410 --> 00:10:27.420 Eric Sarver, Esq.: Do your unique service and the book as well interesting to see that you have created saving time and, and you know and understanding as well, having a clear sense of what the sake.

00:10:28.470 --> 00:10:33.720 Eric Sarver, Esq.: absolutely want to talk about all that for sure, but I do want to ask the first question, have you.

00:10:33.930 --> 00:10:37.200 Eric Sarver, Esq.: Sure, for, in terms of visitors back to our topic.

00:10:38.310 --> 00:10:46.770 Eric Sarver, Esq.: Which is not to belabor the point but, again, though you're not an attorney I know we need to you know have that clear for the folks joining tuning in late.

00:10:47.640 --> 00:10:53.280 Eric Sarver, Esq.: You know you clearly David how much training much education much knowledge of the IP realm.

00:10:53.730 --> 00:11:03.090 Eric Sarver, Esq.: So i'm wondering if you can explain to our listeners in a layperson's terms for some differences between like the turtle to use the difference between copyright trademark and patent.

00:11:03.450 --> 00:11:09.060 Eric Sarver, Esq.: And can you give a rundown of white copyrights are critical issue for business owners and employees, think about.

00:11:09.300 --> 00:11:13.350 David Newhoff: Sure absolutely well i'll take those in the opposite order.

00:11:13.800 --> 00:11:16.680 Eric Sarver, Esq.: Okay, why is that important to think about copyrights yes.

00:11:17.400 --> 00:11:18.870 David Newhoff: Well, I mean, so I.

00:11:18.930 --> 00:11:26.610 David Newhoff: Might let me strip you like, by saying that I know very little about patent law, a little bit more about trademark and a lot.

00:11:26.610 --> 00:11:29.880 David Newhoff: More about copyright, but is, in a nutshell.

00:11:29.880 --> 00:11:39.270 David Newhoff: Patent courses designed to protect the intellectual property associated with inventions things like you know literally to build a better mousetrap so.

00:11:40.650 --> 00:11:44.040 David Newhoff: So you you invent a new device a new tool.

00:11:45.120 --> 00:11:49.980 David Newhoff: Something that has a function that's that's a subject matter of patent law and.

00:11:51.420 --> 00:11:56.490 David Newhoff: And it is distinct from other areas of of it, and I really should not be talking much about patent law.

00:11:58.410 --> 00:12:01.170 David Newhoff: That I know it's it's very complicated and very expensive.

00:12:02.400 --> 00:12:02.940 David Newhoff: and

00:12:03.900 --> 00:12:07.200 David Newhoff: And and not something any any business is likely doing on their own.

00:12:08.220 --> 00:12:15.180 David Newhoff: trademark is is a little bit closer to copyright and it is frequently confused with copyright, which it should be.

00:12:15.870 --> 00:12:17.760 David Newhoff: People often interchange the two terms.

00:12:17.760 --> 00:12:18.870 David Newhoff: trademark and copyright.

00:12:19.950 --> 00:12:25.200 David Newhoff: And, and you see a lot of a lot of efforts to separate the two, in a nutshell.

00:12:26.070 --> 00:12:29.460 David Newhoff: trademarks are literally that they are marks of either.

00:12:29.550 --> 00:12:31.890 David Newhoff: Words or pictures or the tubes together.

00:12:33.150 --> 00:12:39.240 David Newhoff: That that protect a business in a specific trade so.

00:12:40.560 --> 00:12:41.700 David Newhoff: They have a dual purpose.

00:12:43.080 --> 00:12:49.830 David Newhoff: um they have a dual purpose and that they they protect the business principle they protect the consumer.

00:12:50.280 --> 00:12:54.570 David Newhoff: so that the consumer knows that they're getting what what the mark indicates.

00:12:54.960 --> 00:13:00.360 David Newhoff: Right and then copyright copyright, of course, is everything that you can create.

00:13:01.680 --> 00:13:13.950 David Newhoff: that that is a creative work and creative has a broad meaning but it's the thing it's the stuff that we that we associate with copyright or are you know books, music.

00:13:14.100 --> 00:13:20.820 David Newhoff: Film photography and software and a whole other range of creative works, but.

00:13:21.600 --> 00:13:23.820 David Newhoff: The subject matter of copyright is creative expression.

00:13:24.480 --> 00:13:24.990 David Newhoff: Right.

00:13:25.620 --> 00:13:26.730 David Newhoff: As opposed to the other two.

00:13:28.140 --> 00:13:42.300 Eric Sarver, Esq.: You know I am an attorney not it's actual property attorney by practice mainly focus on like employment law business law, but in those areas I do get a bit of copyright and trademark and these issues come up.

00:13:42.720 --> 00:13:52.890 Eric Sarver, Esq.: quite a bit, so I was in that you know, I think it gives your description extended really spot on it was a good kind of breakdown distinction, including that's the kind of true but funny.

00:13:53.550 --> 00:14:01.350 Eric Sarver, Esq.: Somebody aspect that patent can be complex and expensive, and that will lead to being sort of tried out on one's own in a pro same header.

00:14:02.190 --> 00:14:06.810 Eric Sarver, Esq.: So you can see here that you know for sure, so those differences, I think are important, because I think.

00:14:07.350 --> 00:14:17.520 Eric Sarver, Esq.: You know we're in a feel for so long, we started today talking about an issue and if our listeners are thinking that a copywriting is what you give say you know, for their formula on the invention.

00:14:18.240 --> 00:14:31.440 Eric Sarver, Esq.: I think the copyright is you know the little trademark a logo well that's a logo rather two different story so good to have that copyright is the songs that the content is the lyrics to the software programming all that stuff you mentioned.

00:14:32.940 --> 00:14:37.560 Eric Sarver, Esq.: So good to have that and then i'm wondering if you can talk about like a bit of you know why.

00:14:38.940 --> 00:14:42.870 Eric Sarver, Esq.: Why are copyrights it's a critical and important issue.

00:14:43.200 --> 00:14:43.980 Eric Sarver, Esq.: For businesses.

00:14:44.100 --> 00:14:47.370 Eric Sarver, Esq.: Why should they be concerned, you know what are the functions of copyright service right.

00:14:47.700 --> 00:14:53.700 David Newhoff: Right um there are a few different things that businesses, I think, should should think about when it comes to.

00:14:53.970 --> 00:14:54.450 David Newhoff: write law.

00:14:54.630 --> 00:14:54.900 David Newhoff: Okay.

00:14:55.560 --> 00:14:56.730 Eric Sarver, Esq.: One is, of course, that.

00:14:56.730 --> 00:15:09.810 David Newhoff: any number of businesses generate intellectual property, all the time and they will always include copyrightable works, whether the business has an interest in protecting those will depend on the business of course.

00:15:09.900 --> 00:15:14.460 David Newhoff: are likely to want to protect every brochure they ever produced necessarily.

00:15:15.990 --> 00:15:22.230 David Newhoff: But it's something to consider and also something to realize that simply putting everybody in their cousin.

00:15:22.260 --> 00:15:23.580 puts the little see in the circle.

00:15:24.720 --> 00:15:31.260 David Newhoff: On their car, but that does not get granted full protection under the copyright law that if you truly want to protect.

00:15:32.460 --> 00:15:44.340 David Newhoff: It needs to be registered with the Copyright Office in order to in order to have the possibility of litigating in Federal Court over over an infringement if that's something that could come up.

00:15:45.540 --> 00:15:56.190 David Newhoff: And so it is necessary, as you know that you see there are businesses that will you know, perhaps only one own one or two or three copyrights in their in their in their lifespan.

00:15:57.420 --> 00:16:00.390 David Newhoff: But those things are sometimes worth considering.

00:16:00.900 --> 00:16:01.200 Eric Sarver, Esq.: yeah.

00:16:01.230 --> 00:16:04.440 David Newhoff: For business it's really not very expensive to register a work.

00:16:05.520 --> 00:16:06.630 David Newhoff: With the Copyright Office.

00:16:07.080 --> 00:16:12.510 David Newhoff: And then of course there's the question of what your employees are doing, particularly in the digital age.

00:16:13.680 --> 00:16:17.940 David Newhoff: You know, everybody is used to kind of just grabbing stuff on the, off the Internet.

00:16:19.080 --> 00:16:23.340 David Newhoff: Whether it's music or graffiti is probably the most common finished.

00:16:24.360 --> 00:16:24.660 David Newhoff: medium.

00:16:25.710 --> 00:16:39.090 David Newhoff: And uh and it's not very it's not very uncommon you hear about this and you see it on on social media a lot, where you know somebody who's working for you, has you know you've told them hey make this amendment to our website or make this.

00:16:39.780 --> 00:16:45.000 David Newhoff: thing real quick and the employee who's maybe 24 years old doesn't necessarily know better.

00:16:45.330 --> 00:16:50.010 David Newhoff: goes and is used to doing this, by the way right because you've done throughout their youth.

00:16:50.370 --> 00:17:05.790 David Newhoff: Going right click grab that image put it on your social media account or something else, and the next thing you know the photographer is serving you with a with a notice of some kind, now the business has to make a decision, but, but they are almost always indefensible.

00:17:06.870 --> 00:17:08.010 Eric Sarver, Esq.: David surendra there.

00:17:08.430 --> 00:17:17.580 Eric Sarver, Esq.: know we are a little bit over our commercial break, I want to get back to this point it's a great point we're talking about the whole issue of the employee who might be taking.

00:17:18.000 --> 00:17:24.690 Eric Sarver, Esq.: copyrighted material on the Internet, we come back when we answer that question and more detail so by just let everyone know that.

00:17:25.170 --> 00:17:31.410 Eric Sarver, Esq.: you're listening to employment law today here on talk radio nyc apologies for interrupting I want to make sure we get the commercial break in on time so.

00:17:31.710 --> 00:17:40.470 Eric Sarver, Esq.: We will come back with more with David new half talking about the issue of copyright, taking us through his company right click and his book so stick around we'll be right back.

00:17:44.250 --> 00:17:52.410 Are you a business owner, do you want to be a business owner, do you work with business owners hi i'm Stephen fry your small and medium sized business or SMB guy.

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00:19:54.060 --> 00:20:03.420 Eric Sarver, Esq.: Welcome back to implement a lot today once again i'm your host erick solver and employment law business law attorney and a hostess live weekly talk radio show.

00:20:03.780 --> 00:20:15.450 Eric Sarver, Esq.: And this live weekly video broadcast every Tuesday night 5pm 6pm right here on talk radio nyc you can also find us in apple podcast Google play stitcher spotify.

00:20:16.020 --> 00:20:24.360 Eric Sarver, Esq.: Amazon music and i'm blanking on the last one, but David Thank you so much for having us, I apologize happened you interrupt your answer the last.

00:20:24.570 --> 00:20:31.680 Eric Sarver, Esq.: Little square little past the commercial break timing, but I left oriented suspense, and we were talking before the break about.

00:20:32.610 --> 00:20:41.580 Eric Sarver, Esq.: This this issue of sort of why should businesses be concerned about copyrights, why is it important issue for businesses and you were saying how.

00:20:41.910 --> 00:20:56.070 Eric Sarver, Esq.: Great business business owners have content business might have a contact think a valid you know copyright issue that they need to be aware i'll say I think you talked about employees who might be taking items off the Internet and that's where I think we hit our commercial break so.

00:20:56.340 --> 00:21:00.660 Eric Sarver, Esq.: Without further ado i'd like you to finish you're saying yeah.

00:21:00.750 --> 00:21:02.490 David Newhoff: yeah No thank you um yeah.

00:21:02.520 --> 00:21:04.470 David Newhoff: I think that's probably.

00:21:05.370 --> 00:21:11.340 David Newhoff: Probably one of the biggest issues I and particularly if you're a relatively new business, but not necessarily.

00:21:11.490 --> 00:21:11.970 Eric Sarver, Esq.: um.

00:21:12.330 --> 00:21:28.560 David Newhoff: You know, it has just become so commonplace obviously everybody needs the Internet to market themselves and a lot of people, whether they're individuals or small businesses learn the hard way that simply finding something and putting it on social media.

00:21:29.850 --> 00:21:33.570 David Newhoff: For promotional purposes is not fair game.

00:21:34.290 --> 00:21:37.170 David Newhoff: Right, that is, copyright infringement, most of the time.

00:21:38.460 --> 00:21:49.020 David Newhoff: And you see you see conflicts arise when say you know somebody has taken a photograph that may be good for your business because they've taken it with your brand or something like that, and then.

00:21:49.710 --> 00:21:52.890 David Newhoff: You share it now some of that stuff is meant to be shared and it's okay.

00:21:53.970 --> 00:22:02.010 David Newhoff: It depends, but it's good to be aware of what of what you're doing because, for example, if it's a professional photographers work.

00:22:03.180 --> 00:22:03.450 David Newhoff: there's a.

00:22:03.540 --> 00:22:08.940 David Newhoff: decent chance that that photographer as a as an interest in licensing that work for exactly that purpose.

00:22:10.380 --> 00:22:19.800 David Newhoff: And and simply grabbing it and and putting it up on instagram is is a good way to to at least find yourself at the end of a C and D letter, if not a litigation.

00:22:21.330 --> 00:22:21.990 Eric Sarver, Esq.: Right yep.

00:22:22.080 --> 00:22:23.280 Eric Sarver, Esq.: it's another term yeah.

00:22:23.580 --> 00:22:25.050 David Newhoff: yeah no i'm sure, but.

00:22:25.140 --> 00:22:38.070 David Newhoff: um so yeah it and, and so what often happens, I mean sometimes these things work out, you know amicably, but, but other times you'll see on social media people get into into fights on Twitter and.

00:22:39.030 --> 00:22:40.950 David Newhoff: All we did was take it off and.

00:22:40.980 --> 00:22:46.620 David Newhoff: How can you be so gradients you know what and the photographer sitting there saying Well, this is what I do for a living.

00:22:47.190 --> 00:22:47.790 David Newhoff: Right and.

00:22:49.350 --> 00:22:49.680 David Newhoff: So.

00:22:50.160 --> 00:22:50.550 Eric Sarver, Esq.: Better.

00:22:50.850 --> 00:22:55.080 David Newhoff: At least have some awareness of that, I think, as a as an HR matter.

00:22:56.010 --> 00:22:57.420 David Newhoff: On what kind of business you're in.

00:22:57.450 --> 00:22:58.920 Eric Sarver, Esq.: In various businesses.

00:22:58.920 --> 00:23:01.350 David Newhoff: Have a social media guru or five.

00:23:02.460 --> 00:23:04.110 David Newhoff: And it's good to integrate.

00:23:04.200 --> 00:23:09.030 David Newhoff: An understanding of this into that into that culture yeah because.

00:23:10.140 --> 00:23:17.880 David Newhoff: Especially now, with the small claim provision that's now available to creators that just started last week.

00:23:19.080 --> 00:23:26.580 Eric Sarver, Esq.: We can get to that in a second, but I want to say is that I think this is really important for people to hear people to hear, because, as you mentioned.

00:23:27.000 --> 00:23:41.310 Eric Sarver, Esq.: An employer even that even a consultant right independent contractor to work, you know with a company may be hired into the marketing and promotion and business development, and they might just insane like no taken the image of the of the Internet.

00:23:42.480 --> 00:23:46.470 Eric Sarver, Esq.: I think it's almost as if if people think it's sort of you know, public domain and just kind of out there.

00:23:47.550 --> 00:23:56.850 Eric Sarver, Esq.: And it's not necessarily the case and then right, as you mentioned the photographer might want to have a license you know way to use their materials, I mean I think if you go say to a number of different.

00:23:57.570 --> 00:24:05.160 Eric Sarver, Esq.: programs that have like, for example, let's say you go to you know the constant contact or mass email marketing right newsletter.

00:24:05.730 --> 00:24:20.670 Eric Sarver, Esq.: As you're working with you might notice that you know you have some stock images and then ones that are for sale ones are not just hell was that are free, but you want to be careful, those new would presume, I guess, if they're right offered you know we're past cleared of copyright infringement.

00:24:21.840 --> 00:24:27.000 Eric Sarver, Esq.: let's say constant contacts are framing a business these pictures to us yeah but.

00:24:27.810 --> 00:24:34.020 Eric Sarver, Esq.: People then assume that any stock in music that they happen to find you know they Google, you know rates, you know picture of a.

00:24:34.860 --> 00:24:40.380 Eric Sarver, Esq.: You know, a store, you know storefront and they find one, and then they use it, they don't realize that it's.

00:24:41.310 --> 00:24:47.400 Eric Sarver, Esq.: copyrighted material, so I think assistant like I think it's a really good point you make their about their just having.

00:24:48.060 --> 00:25:00.030 Eric Sarver, Esq.: And that recent amendment that as a smoking right to talk about that again sure you're not an attorney but just obviously have some some some knowledge about these issues they could tell.

00:25:00.240 --> 00:25:06.000 David Newhoff: me about that absolutely absolutely and the The other thing I would add to that discussion, especially if you're a business.

00:25:06.870 --> 00:25:08.460 David Newhoff: When you use photographs.

00:25:08.490 --> 00:25:11.880 David Newhoff: Without permission and there's a model in that photograph a human being.

00:25:12.270 --> 00:25:16.560 David Newhoff: yeah you're essentially using that person's face to endorse or sell your business.

00:25:17.370 --> 00:25:29.550 David Newhoff: person, depending on their contract with the stock company or their photographer that person has not necessarily given permission blanket permission to then use their face to endorse anything that it's used for.

00:25:30.150 --> 00:25:30.450 Eric Sarver, Esq.: Right.

00:25:30.720 --> 00:25:34.050 David Newhoff: Which is one of the things you'll see if you go to a stock company you'll see why there's.

00:25:34.050 --> 00:25:34.530 Eric Sarver, Esq.: Everything is.

00:25:34.560 --> 00:25:35.670 David Newhoff: managed, in that way.

00:25:37.260 --> 00:25:50.100 David Newhoff: Those are you know those are model releases essentially and then and then, of course, you know regular people as well if you grab their photographs off social media and use it to endorse something they may not believe in you've you've been printed there right of publicity.

00:25:51.390 --> 00:25:52.920 Eric Sarver, Esq.: I think we saw a lot of, by the way.

00:25:52.950 --> 00:26:01.770 Eric Sarver, Esq.: Sorry, yes, no i'm sorry you're saying state matter right yeah State law, we saw us a lot I think in over the years that recent campaigns right.

00:26:02.160 --> 00:26:06.540 Eric Sarver, Esq.: Now, certain politicians that say you know what no place for music know certain song.

00:26:07.530 --> 00:26:14.700 Eric Sarver, Esq.: Right and they're saying, and that these the you know the artists want to know part of that person's campaign or Convention is a you know you can't use this.

00:26:15.630 --> 00:26:18.750 Eric Sarver, Esq.: And it's interesting because people would assume right, you know well.

00:26:19.260 --> 00:26:29.550 Eric Sarver, Esq.: They recorded recorded and produced a song and I put out there into the airwaves and so universal you know I you know say purchase back in the days of purchasing CDs or discs right, you know okay I bought.

00:26:30.150 --> 00:26:37.560 Eric Sarver, Esq.: I bought the music and now I can play room, I want to play it but yeah so much if you're using a car to endorse a candidate.

00:26:38.640 --> 00:26:44.040 Eric Sarver, Esq.: yeah I think it I think there's a tension between like say you know sort of this idea or freedom and autonomy.

00:26:44.400 --> 00:26:54.270 Eric Sarver, Esq.: To you know, to use things like new fine or purchase even in any way you choose and there's not always the case, you know even as soon as you bought that you know Tom petty album right that's it off the shelves.

00:26:54.690 --> 00:27:03.240 Eric Sarver, Esq.: And you want to use it, but he said no, I don't agree to have this use a certain you know parties Convention because I don't agree with doing so.

00:27:03.570 --> 00:27:05.520 David Newhoff: Right right well that i'm sorry.

00:27:06.810 --> 00:27:10.140 David Newhoff: So that that gets into is you know, a specific tension.

00:27:10.170 --> 00:27:22.980 David Newhoff: In music, in particular because music is licensed for use in venues under what are called PR pro licenses and so essentially if the those licenses are in.

00:27:23.700 --> 00:27:24.570 David Newhoff: You know you've got like.

00:27:24.750 --> 00:27:29.520 David Newhoff: A Convention Hall, or something has has those license or a campaign might might pay those licenses.

00:27:29.760 --> 00:27:35.490 David Newhoff: Yes, technically, the the rights holder can't really say anything about it.

00:27:37.050 --> 00:27:45.720 David Newhoff: There are some other areas and publicity is one of them like if i'm using Tom petty to endorse my campaign repeatedly and he really doesn't believe in my campaign he.

00:27:45.930 --> 00:27:46.680 Eric Sarver, Esq.: grounds to.

00:27:47.430 --> 00:27:50.700 David Newhoff: to complain about that that gets into a long, long.

00:27:51.450 --> 00:27:52.800 David Newhoff: Time yes um.

00:27:53.880 --> 00:28:01.230 David Newhoff: But I know you asked about the small claim option and but real quickly that case act that was passed in 2020.

00:28:02.250 --> 00:28:11.580 David Newhoff: A small claim provision, called the CCP of the copyright claims Board, which is a an alternative to go into Federal Court.

00:28:11.730 --> 00:28:21.480 David Newhoff: For particularly designed for the independent creator who might have a claim that's worth you know a few thousand dollars that's starting a federal claim.

00:28:21.960 --> 00:28:23.340 David Newhoff: you're an attorney know that.

00:28:23.820 --> 00:28:24.600 Eric Sarver, Esq.: sure what it.

00:28:25.800 --> 00:28:31.680 David Newhoff: costs us, and so the small claim Board, which just began operating on the 16th of this month.

00:28:32.940 --> 00:28:36.360 David Newhoff: is an alternative to to Federal Court.

00:28:37.380 --> 00:28:37.710 Eric Sarver, Esq.: and

00:28:38.040 --> 00:28:41.850 David Newhoff: I could get into a lot of detail on that, but maybe maybe more than you want.

00:28:42.480 --> 00:28:45.660 Eric Sarver, Esq.: Well, you know I definitely want to keep this.

00:28:46.440 --> 00:28:56.970 Eric Sarver, Esq.: This topic going and tie it back and also to what important might use a say when they're having a certain conference they playing certain music, he is your materials, but I first want to take another commercial break.

00:28:57.840 --> 00:29:07.230 Eric Sarver, Esq.: So that one actually was just much more smoothly on time good segue so I see that you think you listening folks to you, or perhaps you're watching us here on employment law today and talk to nyc.

00:29:07.800 --> 00:29:14.490 Eric Sarver, Esq.: i'm your host erick Sabra our guest tonight very informative very, very knowledgeable David new have co founder vice click.

00:29:14.910 --> 00:29:30.150 Eric Sarver, Esq.: We come back we'll talk more about his company rights click and his book and what race click does for the independent creative and small business owner, with respect to copyright issues so stay tuned here on talk radio nyc and we'll be right back.

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00:30:33.630 --> 00:30:44.490 Small Business trying to navigate the covert 19 related employment laws Hello i'm Eric savoured employment law business law attorney and host of the new radio show employment law today.

00:30:45.090 --> 00:30:57.720 On my show who have guests, to discuss the common employment law challenges business owners are facing during these trying times tune in on Tuesday things from 5pm to 6pm Eastern time on talk radio dot nyc.

00:31:02.550 --> 00:31:11.310 you're listening to talk radio nyc at www talk radio dot nyc now broadcasting 24 hours a day.

00:31:34.560 --> 00:31:43.290 Eric Sarver, Esq.: Welcome back to employment law today i'm your host Aaron sovereign our guest tonight, David new house copyright advocates writer author a communicator.

00:31:43.710 --> 00:31:50.040 Eric Sarver, Esq.: passionate artists and founder of rice click co founder, I should say right fit with your partner, Mr tab and.

00:31:50.850 --> 00:31:57.780 Eric Sarver, Esq.: You know, we talked a little bit about before the break about like distinguishing differentiating of the copyright and trademark and.

00:31:58.260 --> 00:32:05.400 Eric Sarver, Esq.: To some extent right we talked about so that mid mid way recap here, he talked about you know why copyrights important.

00:32:05.820 --> 00:32:12.570 Eric Sarver, Esq.: For business owners employers to keep in mind, we discussed some examples of some some ways that people might violate the copyright rules.

00:32:13.170 --> 00:32:18.930 Eric Sarver, Esq.: Whether it's taking content on the Internet without a license or that permission from the target for artists or.

00:32:19.590 --> 00:32:31.380 Eric Sarver, Esq.: Whether it's using it, you know in promotion of some issue that the artist or the person that has a copyright doesn't agree with, and I know we mentioned employers to we talked about consultants or employees.

00:32:32.490 --> 00:32:44.280 Eric Sarver, Esq.: I mean you might take things off the Internet and use them without permission and then the company might write get to to get a card or a cease and desist letter all that stuff i'm i'm wondering, though, David a quick sort of Sub question.

00:32:44.670 --> 00:32:50.010 Eric Sarver, Esq.: sure how many companies saying what steps might they take to prevent.

00:32:51.270 --> 00:33:02.820 Eric Sarver, Esq.: Their employees know and their internal consultants from from making these mistakes and taking material and misusing it or you know passing off of their own before some real trouble start to bruin.

00:33:03.600 --> 00:33:05.100 David Newhoff: Well um.

00:33:05.760 --> 00:33:13.740 David Newhoff: That really is mostly an education issue, which is why I think it actually does dovetail with HR just like HR dreams in other areas of.

00:33:13.920 --> 00:33:15.180 Eric Sarver, Esq.: Best practices within the.

00:33:15.180 --> 00:33:16.200 David Newhoff: Firm within an order.

00:33:17.580 --> 00:33:20.010 David Newhoff: Depending on the nature of your organization, it might be.

00:33:20.010 --> 00:33:33.630 David Newhoff: worth integrating some copyright education into your into your into your HR plan, because if you have employees doing doing these kind of activities on a regular basis, like, I said that they're promoting you.

00:33:33.630 --> 00:33:46.050 David Newhoff: and media it's a good idea to to either send them off to copyright school a little bit or or find somebody is find a resource that will integrate that education.

00:33:46.740 --> 00:33:49.260 David Newhoff: And i'll have to then have to know everything um.

00:33:49.470 --> 00:33:57.000 David Newhoff: You know, although there is also the simplest possible way to solve it, which isn't yours don't use it.

00:33:57.780 --> 00:33:58.650 David Newhoff: Right, you know.

00:33:58.680 --> 00:33:59.790 Eric Sarver, Esq.: simplify the lesson.

00:33:59.820 --> 00:34:04.500 David Newhoff: yeah I mean if you go to us if you need photographs you go to a stock photo company.

00:34:05.520 --> 00:34:07.710 David Newhoff: they're not that expensive for a lot of stuff.

00:34:08.700 --> 00:34:12.360 David Newhoff: need music you go to stock music, if you want something else that's famous.

00:34:12.750 --> 00:34:15.930 David Newhoff: Then yeah you're gonna have to I know how and get permission to you.

00:34:17.100 --> 00:34:26.850 Eric Sarver, Esq.: yeah that's very good point right the education of the employees, you know think we educate employees about discrimination saturation in HR and proper protocols and the.

00:34:26.850 --> 00:34:32.130 Eric Sarver, Esq.: word we talked about you know say by social media usage and safety plans that I have.

00:34:33.480 --> 00:34:38.790 Eric Sarver, Esq.: I think you raise a good point about education, I think, also you know, put it on my employment lawyers have that.

00:34:39.300 --> 00:34:47.310 Eric Sarver, Esq.: Many employers many business owners many you know companies like would benefit from a solid employment contract and employment agreement, this is where I would say is an employment where.

00:34:47.730 --> 00:34:58.860 Eric Sarver, Esq.: That contains specific terms around like say it over the hiring an employee or consultant, you know what is works for higher what's the mention them assignment, you know the limits know what happened that say if somebody.

00:34:59.430 --> 00:35:07.200 Eric Sarver, Esq.: is using and work that is not their own ask the employee, to make a representation that any work they usually have their own.

00:35:07.620 --> 00:35:13.020 Eric Sarver, Esq.: right either that they have permission to use that word and then, when you make it known that you know there's not sort of a.

00:35:13.290 --> 00:35:18.750 Eric Sarver, Esq.: Small deal, this can be a very big yes very serious, you know let's give me the equivalent and say i'm you know plagiarism for students.

00:35:19.110 --> 00:35:26.580 Eric Sarver, Esq.: This is just you know, Google has topic and take someone else's paper and put my name on it, you know it's no you can't do that right, so I think it's like no need to have.

00:35:26.970 --> 00:35:37.710 Eric Sarver, Esq.: Certain agreements in place and even you know agreements that might say what happens if you hire a consultant, you know, and you can't use any of the content they created a marketing consultant, for example.

00:35:38.760 --> 00:35:47.520 Eric Sarver, Esq.: If they're not using i've seen it happen with clients in mind where they consultant demands to get paid and the company says well look, you know we hired you but.

00:35:47.970 --> 00:35:57.000 Eric Sarver, Esq.: You used all copyrightable material without permission told us it was your own so now, the company is demanding we don't use that so we can't use on a website so.

00:35:57.420 --> 00:36:08.580 Eric Sarver, Esq.: And the person says, by putting all those hours less time weren't great I gave you some stuff that's usable but it's not usable in conjunction with the other thing, so it doesn't really work right it's like giving somebody a building someone two wheels have a.

00:36:10.770 --> 00:36:13.230 Eric Sarver, Esq.: Car and all the other two wheels, they will give you half the wheels.

00:36:14.400 --> 00:36:23.280 Eric Sarver, Esq.: Moving to we'll sell So what do you do right, you know what kind of and then of course the issue for lawyers to wait and i'm but i'm wondering what you, you have some ideas or thoughts about this just.

00:36:23.730 --> 00:36:27.990 Eric Sarver, Esq.: Education any of the ways, you can think of that way anyways that rates click may help with this.

00:36:28.020 --> 00:36:30.090 David Newhoff: yeah well, I mean it's very common.

00:36:30.780 --> 00:36:34.830 David Newhoff: To to hire consultants and to hire outside help.

00:36:35.250 --> 00:36:51.060 David Newhoff: Whether it's building a website or making videos or you know writing materials, and it is very good practice to have a work made for hire agreement in place not only establishes that the work that the creative person you've hired is is yours.

00:36:52.290 --> 00:37:01.050 David Newhoff: That that it's the the company's property and their copyright copyrighted material um but also.

00:37:02.580 --> 00:37:10.140 David Newhoff: That the chain of title of anything they might use so if they, for example, license say adobe photoshop work, you know.

00:37:10.320 --> 00:37:11.700 Eric Sarver, Esq.: photographs yeah.

00:37:11.790 --> 00:37:16.470 David Newhoff: Through their account they need to pass that title on to the to the client.

00:37:17.040 --> 00:37:18.990 David Newhoff: To make sure that the client is not liable.

00:37:18.990 --> 00:37:24.810 David Newhoff: For for anything because adobe might see them using it, and say, well, you don't have an account with us.

00:37:25.680 --> 00:37:36.270 David Newhoff: But as long as it's in the contract and the work agreement that that title is that it's been licensed for this purpose and that license has passed on to the client, then you should be fine.

00:37:37.080 --> 00:37:39.180 David Newhoff: that's coming very close to legal advice for me.

00:37:40.920 --> 00:37:41.280 Eric Sarver, Esq.: um.

00:37:41.700 --> 00:37:46.620 David Newhoff: But, having worked on both sides of that of that issue as as a creative supplier.

00:37:46.890 --> 00:37:47.220 Eric Sarver, Esq.: Right.

00:37:47.430 --> 00:37:56.910 David Newhoff: One thing i'm familiar with, and I think many people are but it's important to have that and also you don't want somebody out there working for you who's going to do what this it sounds like this party did that.

00:37:57.720 --> 00:38:09.750 David Newhoff: They use copyrightable material without permission without license well if i'm the owner of that copyright and pick somebody to litigate against if possible i'm going to go to the deepest pockets in.

00:38:10.470 --> 00:38:18.390 David Newhoff: The company that's probably going to be the company not not the independent contractor right if it's at all possible to do that that's that's gonna be my first.

00:38:19.080 --> 00:38:22.320 David Newhoff: break, so the company wants to wants to protect itself in that regard.

00:38:23.100 --> 00:38:32.610 Eric Sarver, Esq.: Right and again they know this is not like you're saying you're not getting people's perfect steps to follow or legal advice right, and I think you know we can always you know, say that if you find yourself.

00:38:33.060 --> 00:38:40.830 Eric Sarver, Esq.: You being an employee or even an employee or a business owner and anyone, you know facing copyright struggle or copyright infringement question.

00:38:41.190 --> 00:38:45.690 Eric Sarver, Esq.: It might be very wise to consult with an intellectual property attorney and copyright lawyer.

00:38:46.200 --> 00:38:55.410 Eric Sarver, Esq.: Someone you know works in this area right, you know license and barbecuing your state, you know, or you know, an intersection that can help with this, so good to have that kind of like as a screamer folks you know.

00:38:56.610 --> 00:39:02.220 Eric Sarver, Esq.: I think, because we're talking about such issues, putting you know to your credit, the of us should think pointed that out prided so.

00:39:03.540 --> 00:39:11.430 Eric Sarver, Esq.: I think it's great that you're probably used to this because you have so much knowledge about it very legal least topic right you're sharing his facts information.

00:39:12.360 --> 00:39:24.120 Eric Sarver, Esq.: So I think you probably used to say look i'm not a lawyer legal advice let's tell you what to do just telling you, these are some some issues right and, in some ways, you can go, perhaps, maybe avoid ease thorny problems happening.

00:39:24.420 --> 00:39:24.780 Eric Sarver, Esq.: Yes.

00:39:24.870 --> 00:39:29.220 David Newhoff: right here, and definitely contact and counsel to set up a strategy is a good idea.

00:39:29.760 --> 00:39:36.240 Eric Sarver, Esq.: Right, what about the work from home in both work situation you know we talked about this a lot, right now, companies are working from home or.

00:39:36.930 --> 00:39:51.900 Eric Sarver, Esq.: You know, workers and my savior using you know much more communication and sending materials i'm doing presentations online rather than, say, you know, in a conference room with people does that create any other sticky thorny copyright issues for business it or not so much or.

00:39:52.020 --> 00:39:54.180 David Newhoff: It can, in theory, I mean the all the.

00:39:55.590 --> 00:40:03.480 David Newhoff: You know I I don't know specifically many anecdotes one or two i'm gaining theory and the sense that if you're used to.

00:40:04.500 --> 00:40:07.800 David Newhoff: If you're used to say, getting together in a conference room and.

00:40:07.890 --> 00:40:16.530 David Newhoff: Playing something like a DEMO with some music or whatever that that's that's something that's not going to get beyond that room and those five.

00:40:16.530 --> 00:40:22.230 David Newhoff: People are, but if now you're communicating over something like this over zoom.

00:40:22.500 --> 00:40:31.950 David Newhoff: yeah and then upload that material somewhere and then stream it so that everybody can see it now you're engaged in in a whole other set of implications.

00:40:32.490 --> 00:40:41.640 David Newhoff: And yes, great law and and also something that somebody somebody else outside your little group is likely to stumble upon are fine potentially.

00:40:42.330 --> 00:40:50.940 David Newhoff: Right so that's a consideration it's not you know just because you were you know sort of doing something, and you know, in a room.

00:40:52.050 --> 00:41:05.970 David Newhoff: right for three people like if you're going to stream it put it up on the web share it for you know, a conference that's maybe 1000 people or something like that now it's a it's a different consideration so everything there should be squeaky clean so.

00:41:07.230 --> 00:41:14.640 Eric Sarver, Esq.: yeah I check for copyright infringement check to make sure that the images, you know the material use his license if it's owned by somebody else.

00:41:15.150 --> 00:41:18.240 Eric Sarver, Esq.: get permission to use it or it's your own original material, you may be your own original.

00:41:18.840 --> 00:41:24.780 Eric Sarver, Esq.: instruction drawing painting, but I think it's really good point to make there because I love lifting a lot of our listening audience tonight.

00:41:25.230 --> 00:41:32.850 Eric Sarver, Esq.: Then they may be a business owner that you've been working largely remotely in the last couple of years now we've covered 90 and the pandemic.

00:41:33.090 --> 00:41:38.010 Eric Sarver, Esq.: yeah and maybe they're coming back in the office, maybe they're staying remote and so people even presentations.

00:41:38.370 --> 00:41:45.150 Eric Sarver, Esq.: They might be recording them on zoom and say okay we're gonna play this back you know for a bunch of other clients later when I was send them a copy of the file you sent him the link.

00:41:45.510 --> 00:41:55.650 Eric Sarver, Esq.: You know, to make recording maybe put up on the website, and so, as you mentioned, you have a tendency to reach a much potential me too much higher audience much larger audience.

00:41:56.010 --> 00:41:57.570 Eric Sarver, Esq.: And then, of course, you know your.

00:41:57.810 --> 00:42:06.450 Eric Sarver, Esq.: Things that are streaming this material and the create problems, so you know we actually have to take a commercial break when we come back I would love to hear more about.

00:42:07.020 --> 00:42:11.880 Eric Sarver, Esq.: Your company that right, and your book anything also may move when we return from the commercial David.

00:42:12.660 --> 00:42:21.780 Eric Sarver, Esq.: Take our audience, so this lesson is true, some of your unique services, as well as some tools that you might use with your clients, you know when it comes to copyright issues so.

00:42:22.350 --> 00:42:32.730 Eric Sarver, Esq.: we'll do that, after this commercial break for now you're listening to talk radio nyc i'm your host erick solver our guest tonight, Mr David knew half race click stick around we'll be right back.

00:42:36.300 --> 00:42:36.870 Eric Sarver, Esq.: hey everybody.

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00:44:32.880 --> 00:44:40.410 Eric Sarver, Esq.: Welcome back to employment law today our guest tonight, Mr David knew half a Co founder right click david's a copyright advocates.

00:44:41.130 --> 00:44:53.220 Eric Sarver, Esq.: he's also a communicator educator and author and blogger, and so we're here tonight and a creative person as well, so David again it's it's great to have you on the show this evening really talking about is important yeah welcome.

00:44:53.280 --> 00:44:53.970 David Newhoff: very enjoyable.

00:44:54.420 --> 00:45:04.200 Eric Sarver, Esq.: yeah you know I think it's I think it's an important issue that I think people you know, often kind of toss aside let's the lawyers to worry about that's, for you know it's a big companies to worry about.

00:45:05.310 --> 00:45:11.790 Eric Sarver, Esq.: And yet, you know, here we are with we see a lot of small companies, but have you know the independent contractors and employees.

00:45:13.080 --> 00:45:21.600 Eric Sarver, Esq.: Facing down to maybe the threat of a copyright law student infringement lawsuit think because they're not aware of those issues i'm where we're doing the show that awareness.

00:45:22.590 --> 00:45:29.490 Eric Sarver, Esq.: And they usually to shed light on a problem or an issue right give our folks knowledge, information awareness, but then also what are some.

00:45:29.820 --> 00:45:38.220 Eric Sarver, Esq.: Steps and strategies and tools and some think maybe solutions to some challenges that may come up so with that wanted to walk you threw me last are taking her last question.

00:45:39.420 --> 00:45:47.220 Eric Sarver, Esq.: Tell me more about your company right to click you know you alluded to it earlier in the show i'm wondering like where's the name of unique So what are some of your unique services and.

00:45:47.250 --> 00:45:52.560 Eric Sarver, Esq.: Thank you so strategies, you might use with your clients to help with these sticky copyright.

00:45:53.010 --> 00:45:54.720 David Newhoff: Issues Thank you.

00:45:55.290 --> 00:45:56.040 David Newhoff: Thanks for asking.

00:45:56.580 --> 00:45:57.030 David Newhoff: So.

00:45:57.540 --> 00:46:00.360 David Newhoff: Christ quick, as I mentioned at the beginning, is is brand new.

00:46:01.440 --> 00:46:01.770 David Newhoff: We are.

00:46:01.830 --> 00:46:09.870 David Newhoff: Just launching as we speak, and Stephen temp and I have been working on this for like I said about eight months now.

00:46:10.320 --> 00:46:17.970 David Newhoff: And i'm the the software suite is designed I keep referring to it as a portfolio management suite.

00:46:18.030 --> 00:46:19.800 David Newhoff: And that's because it's designed to.

00:46:21.360 --> 00:46:25.770 David Newhoff: is designed as a database, first and foremost of legally relevant information that you.

00:46:25.770 --> 00:46:26.430 Eric Sarver, Esq.: associate.

00:46:26.970 --> 00:46:36.510 David Newhoff: With creative works and it's not the way, most people, especially independent creators are small businesses, maybe you're a small business that does a lot of design work.

00:46:38.160 --> 00:46:39.150 David Newhoff: You generate maybe.

00:46:42.630 --> 00:46:53.130 David Newhoff: Even a small business does not necessarily have the resources to have certainly have a Council on staff and maybe not even Council you know, on a regular basis.

00:46:53.400 --> 00:46:56.160 David Newhoff: And so, they have to do a certain amount of this on their own.

00:46:57.360 --> 00:47:06.960 David Newhoff: And so we've designed a system that supposed to make that makes it easier to very quickly sort of control, a whole portfolio of works.

00:47:07.980 --> 00:47:12.420 David Newhoff: Add legally relevant information, like the creation date.

00:47:12.450 --> 00:47:14.910 David Newhoff: Name it's not very complicated stuff but you don't.

00:47:14.910 --> 00:47:19.380 David Newhoff: necessarily not everybody necessarily knows that it's what counts in the in the legal sphere.

00:47:20.010 --> 00:47:20.490 David Newhoff: mom.

00:47:20.970 --> 00:47:30.240 David Newhoff: And then you can having having captured say an initial group of words um you can then register through us where the Copyright Office.

00:47:31.140 --> 00:47:33.870 David Newhoff: it's not already registered and.

00:47:34.920 --> 00:47:47.340 David Newhoff: At the centerpiece of rights click is is what we call an assessment an infringement assessment tool which is a think of it as a very sophisticated attorney client intake form.

00:47:47.820 --> 00:47:49.350 David Newhoff: and ask you a series of.

00:47:49.350 --> 00:47:50.250 Eric Sarver, Esq.: questions that are.

00:47:50.940 --> 00:47:53.070 David Newhoff: easy to understand for a layman.

00:47:54.690 --> 00:48:01.110 David Newhoff: And, and it steps you through these questions at about three four pages you're done.

00:48:02.130 --> 00:48:07.800 David Newhoff: Like simple interface, you know someone from a radio buttons some of our our inputs on a on a field.

00:48:08.880 --> 00:48:09.210 David Newhoff: and

00:48:09.630 --> 00:48:12.630 David Newhoff: sorry about the siren sounds like i'm in New York City with you i'm.

00:48:14.340 --> 00:48:15.810 Eric Sarver, Esq.: gonna have to talk about copyrights.

00:48:18.900 --> 00:48:29.370 David Newhoff: And, and what this does is it captures the basic information to begin to consider whether you have a claim of copyright infringement against against somebody who's.

00:48:29.400 --> 00:48:32.010 David Newhoff: misuse your work, and you can do.

00:48:32.040 --> 00:48:50.460 David Newhoff: Very various things with that information once it's captured you can either take action on your own like send a cease and desist letter from within rights click directly to the alleged infringer and it's we have a system that generates essentially a customized it's it's it's.

00:48:51.000 --> 00:48:57.960 David Newhoff: Not every word in it is customized, but you can customize the demand, you might make, and the amount, you might want.

00:48:58.590 --> 00:48:59.400 Eric Sarver, Esq.: Or you can even.

00:48:59.460 --> 00:49:03.030 David Newhoff: offer to continue to license the work for a price arm.

00:49:04.080 --> 00:49:10.170 David Newhoff: And a or you could actually send that that material to an attorney if you think you've got a major claim and you.

00:49:10.170 --> 00:49:11.220 David Newhoff: want another counsel.

00:49:11.490 --> 00:49:23.280 David Newhoff: You can send that to them and save yourself about an hour on the phone just by sending them here are the basic facts of my of my claim and the right right to work, by the time they pick up the phone or write your own email.

00:49:24.690 --> 00:49:27.900 David Newhoff: And then, of course, as I mentioned earlier there's the the small claim.

00:49:29.520 --> 00:49:31.710 David Newhoff: which has just launched and we are about to.

00:49:31.770 --> 00:49:36.150 David Newhoff: to activate our what we call our CCP tool that copyright claims board.

00:49:37.740 --> 00:49:42.000 David Newhoff: And you can be a pro se claiming with this claim.

00:49:42.120 --> 00:49:52.860 David Newhoff: You absolutely do not have to hire an attorney but it's administrative Lee a little challenging I would the way I put it is you kind of have to be your own paralegal.

00:49:53.940 --> 00:50:03.180 David Newhoff: And so there's a lot to keep up with and make sure that you do on time deadlines, you have to meet if you're going to manage your own claim through the small claim.

00:50:03.330 --> 00:50:04.800 Eric Sarver, Esq.: Right save yourself.

00:50:04.950 --> 00:50:07.440 David Newhoff: you'll save yourself a lot of money not hiring an attorney.

00:50:07.770 --> 00:50:08.940 Eric Sarver, Esq.: But you do have to.

00:50:09.090 --> 00:50:19.980 David Newhoff: Make sure you you do these administrative processes so right click is is designed to help you file a claim that sound and then also.

00:50:20.760 --> 00:50:34.830 David Newhoff: continue with the process and maintain the process and keep you on deadline as the claim goes through the various processes which which, for a lot of copyright owners will be confusing at first.

00:50:35.910 --> 00:50:42.420 David Newhoff: If they try to do it on their own, because it is, it is still a fair bit of sort of arcane administrative.

00:50:43.230 --> 00:50:44.340 Eric Sarver, Esq.: Steps yeah.

00:50:44.370 --> 00:50:48.330 David Newhoff: That your average musician or photographer writer is not used to deal with.

00:50:48.540 --> 00:50:55.020 David Newhoff: right on their own, so we want to make it much, much easier to do and also keep track of.

00:50:55.890 --> 00:51:06.210 David Newhoff: You there's a calendar there's a function that dockets the work, and so you say okay i've got a response that's coming up doing it, it appears there in your in your dashboard.

00:51:06.960 --> 00:51:11.130 Eric Sarver, Esq.: You know it's like when you say this is interesting, David I mean, I wonder if you have any.

00:51:12.750 --> 00:51:27.930 Eric Sarver, Esq.: question I realized like that you know a lot of companies now are creating online DIY DIY do it yourself type of leads, you know situations like say, if you want to incorporate one person llc right here's the form to fill out is where your file it.

00:51:29.640 --> 00:51:36.690 Eric Sarver, Esq.: Is an attorney in those areas, not so much in your area, but in the in the business and clinical I get a little bit you know skittish around that, so I think there's.

00:51:37.080 --> 00:51:42.150 Eric Sarver, Esq.: sort of a fine line between you know boilerplate templates and the individualized attention of an attorney.

00:51:42.450 --> 00:51:51.390 Eric Sarver, Esq.: But you're talking about something little bit different here you've got like a certain forums and play certain information and the person, basically, is doing this pro same which is legal.

00:51:51.870 --> 00:51:56.220 Eric Sarver, Esq.: Latin term legal tournament so it's done elsewhere right being your own lawyer says be great do it on your own.

00:51:56.940 --> 00:52:09.570 Eric Sarver, Esq.: Not having a Council with you do, you have does your company, for example, either have attorneys on staff or recommend that people give people options resources that they want, I think you said they want to go to attorney.

00:52:09.630 --> 00:52:11.490 David Newhoff: Because, yes, so one of the one of.

00:52:12.060 --> 00:52:19.200 David Newhoff: The first part is no, we are not attorneys I mean leaving my partner is an attorney, but we are not acting as anybody's Council.

00:52:19.230 --> 00:52:19.920 Eric Sarver, Esq.: Right right.

00:52:21.000 --> 00:52:22.140 David Newhoff: right as rights click.

00:52:23.010 --> 00:52:24.090 David Newhoff: And we make that very clear.

00:52:24.150 --> 00:52:25.830 David Newhoff: That we do not provide legal advice.

00:52:26.190 --> 00:52:32.820 David Newhoff: um, however, one of the tools within rights click that still has yet to be activated because we need to finish it.

00:52:32.880 --> 00:52:33.630 Eric Sarver, Esq.: I told her.

00:52:34.650 --> 00:52:36.660 Eric Sarver, Esq.: She is an utter is an attorney.

00:52:36.870 --> 00:52:51.690 David Newhoff: list section and so we're we're not specifically saying one over another, are going to match your claim to any particular attorney, but it is a list of attorneys who do practice copyright law and are accessible.

00:52:52.740 --> 00:53:05.550 David Newhoff: To independent creators um and, and so what once that's activated what you will be able to do let's say you've gone through an assessment you've got some basic understanding of what your potential claim is.

00:53:06.120 --> 00:53:07.590 David Newhoff: You can then contact.

00:53:07.650 --> 00:53:11.070 David Newhoff: If you want to one of the attorneys within our group within our list.

00:53:12.420 --> 00:53:19.650 David Newhoff: Make initial contact with them and if, once they've established that first contact, then you could send them that assessment from right within rights click.

00:53:21.180 --> 00:53:27.210 David Newhoff: And not only would it go to say let's say if you were the Attorney it would go right to you right click from there.

00:53:28.320 --> 00:53:33.420 David Newhoff: um but then also writes click will pop up a little reminder Oh, I sent this to.

00:53:33.420 --> 00:53:45.420 David Newhoff: Eric on this date and that way you'll keep track, because you know you're gonna get back to work as a creator you're gonna go back and make photographs or or something else that you're really supposed to do.

00:53:45.450 --> 00:53:46.380 Eric Sarver, Esq.: And you're busy.

00:53:46.500 --> 00:53:49.740 David Newhoff: And you're gonna forget when did I send that letter to Eric to.

00:53:50.250 --> 00:53:50.880 Eric Sarver, Esq.: Get back to me.

00:53:51.120 --> 00:53:51.630 David Newhoff: So right.

00:53:51.720 --> 00:53:55.830 David Newhoff: Like is there, partly to remind you, oh I should have heard back from him.

00:53:56.970 --> 00:54:03.630 David Newhoff: right by you know four or five days, whatever wherever you want the reminder to be um so what's up.

00:54:04.170 --> 00:54:14.460 Eric Sarver, Esq.: as much help as resources, but just not giving legal advice there's a component right interesting work you guys, do you really.

00:54:14.550 --> 00:54:16.170 Eric Sarver, Esq.: Like you know, we know that you're welcome.

00:54:16.470 --> 00:54:24.660 Eric Sarver, Esq.: I hope you had a chance to describe it, or were actually that that two minutes and change left and we get to the for youth, even just to share, about sorry David and say.

00:54:26.670 --> 00:54:32.520 Eric Sarver, Esq.: You know what you guys have any find you your website and anything is coming out, the floor is yours.

00:54:33.270 --> 00:54:49.680 David Newhoff: Thank you, thank you yeah so, as I said, rights click is what we, where we are right now is in a private lunch just kind of finishing out kicking kicking the tires on the system, and we do have some subscribers but we're not we have not fully open the doors, all the way.

00:54:50.940 --> 00:54:56.310 David Newhoff: And you can find information about us at rights click calm.

00:54:57.240 --> 00:55:06.810 David Newhoff: As you might expect, and and that's that's our website we're also we have a Facebook channel, as well as we're on linkedin and Twitter.

00:55:07.410 --> 00:55:09.180 David Newhoff: And please follow us.

00:55:10.320 --> 00:55:23.970 David Newhoff: And uh you know and and I think one of the next things that we are going to with that we are putting together is a webinar whenever we want to invite people and if any of your guests are potential candidates for this.

00:55:24.900 --> 00:55:30.390 David Newhoff: we'd love to let people know we want to invite people who may be interested in protecting their copyrights.

00:55:31.470 --> 00:55:41.010 David Newhoff: To to join the webinar and we'll DEMO the APP and answer their questions about the APP but as well, and also answer whatever copyright questions, we can answer.

00:55:42.060 --> 00:55:48.270 David Newhoff: short of giving specific legal advice on a claim but, but we can certainly answer a lot of general questions about the law.

00:55:48.930 --> 00:55:51.300 Eric Sarver, Esq.: What is the ones that i've been on by the way, that.

00:55:52.320 --> 00:55:56.910 David Newhoff: We haven't gotten to that yet, but we, you and I can be in touch and and I can definitely like you know.

00:55:57.540 --> 00:56:01.950 Eric Sarver, Esq.: we'll do that you know in I want to say, in the last 30 seconds and share what that was so fast.

00:56:03.510 --> 00:56:15.480 Eric Sarver, Esq.: David David, you are Thank you so much for joining us this evening on employment law today talking about this wonderful and exciting topic of copyright and IP issues from porters and texting your content.

00:56:16.020 --> 00:56:21.870 Eric Sarver, Esq.: folks, if you like, the show tell your colleagues or your clients or your friends and tune in Tuesday nights 5pm to 6pm.

00:56:22.260 --> 00:56:37.200 Eric Sarver, Esq.: Eastern standard time to talk her into yc you can reach David at radcliffe calm towards nation on Eric Sava employment law business law attorney here in New York City wishing everyone have a wonderful night and David once again have a great night, thank you for joining us.

00:56:37.200 --> 00:56:40.890 David Newhoff: Thank you very much it's been a pleasure same here bye bye.

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