WEBVTT - Professional Development: INTELLECTUAL PROPERTY EXPLAINED

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<v Speaker 1>An illegal alien from Guatemala charged with raping a child

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<v Speaker 1>in Massachusetts. An MS thirteen gang member from Al Salvador

0:00:07.720 --> 0:00:11.840
<v Speaker 1>accused of murdering a Texas man of Venezuelan charged with

0:00:11.920 --> 0:00:15.840
<v Speaker 1>filming and selling child pornography in Michigan. These are just

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<v Speaker 1>some of the heinous migrant criminals caught because of President

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<v Speaker 1>Donald J. Trump's leadership. I'm Christy nom the United States

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<v Speaker 1>Secretary of Homeland Security. Under President Trump, attempted illegal border

0:00:28.160 --> 0:00:31.680
<v Speaker 1>crossings are at the lowest levels ever recorded, and over

0:00:31.760 --> 0:00:34.960
<v Speaker 1>one hundred thousand illegal aliens have been arrested. If you

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<v Speaker 1>are here illegally, your next you will be fined nearly

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<v Speaker 1>one thousand dollars a day, imprisoned, and deported. You will

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<v Speaker 1>never return. But if you register using our CBP home

0:00:46.720 --> 0:00:50.120
<v Speaker 1>app and leave now, you could be allowed to return legally.

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<v Speaker 1>Do what's right. Leave now. Under President Trump, America's laws,

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<v Speaker 1>border and families will be protected.

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<v Speaker 2>Sponsored by the United States Department of Homeland Security.

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<v Speaker 3>What is the difference between a patent, a copyright, and

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<v Speaker 3>a trademark.

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<v Speaker 4>Let's start there.

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<v Speaker 5>Okay, so patent, copyrights, and trademarks are all intellectual property,

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<v Speaker 5>and what intellectual property is it's like something that you

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<v Speaker 5>create with your mind. Right, it's like a creative expression,

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<v Speaker 5>and those different areas are areas that you could create.

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<v Speaker 5>You could protect your your creative expression, right. So a

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<v Speaker 5>patent is a protection that you get for an invention.

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<v Speaker 5>So if you have something that's new, that's innovative, that's

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<v Speaker 5>going to change the way that people you know, live

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<v Speaker 5>and work technology, those things are patentable and they're very technical, right,

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<v Speaker 5>so you actually need to be a patent attorney to

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<v Speaker 5>practice patent law. But those things are going to patent

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<v Speaker 5>are going to protect inventions. Copyrights are going to protect

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<v Speaker 5>literary works. So certain things that you that you create,

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<v Speaker 5>but it has to be expressed so it can be

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<v Speaker 5>an idea. So intellectual property can't be an idea. You

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<v Speaker 5>can't protect an idea. So you have to like express it.

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<v Speaker 5>So if it's a writing a story, you got to

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<v Speaker 5>write it down. If it's a song, you have to

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<v Speaker 5>write the lyrics or you could record the music. If

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<v Speaker 5>it's art, you got to draw. You know, it has

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<v Speaker 5>to be drawn or whatever. It has to be expressed

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<v Speaker 5>so somebody.

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<v Speaker 6>Could that's that's for trademarks, that's for copy copyright.

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<v Speaker 5>Trademarks and trademark is basically it's gonna gonna bring somebody

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<v Speaker 5>back to the source of a good or service, right,

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<v Speaker 5>So it represents your business, your brand, and it's gonna

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<v Speaker 5>put the public on notice to know like where to

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<v Speaker 5>go for that particular product or item. So there's two reasons. One,

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<v Speaker 5>you want to protect your your sort of like your work. Right,

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<v Speaker 5>So you create something, you have a business, you put

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<v Speaker 5>all the sweat equity into it, and you have like goodwill.

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<v Speaker 7>You know, as your brand grows.

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<v Speaker 5>They expect a certain quality, is a certain standard from

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<v Speaker 5>your brand.

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<v Speaker 7>So you want that to be protected so you can

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<v Speaker 7>make money off of it.

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<v Speaker 5>And then and the government, the Copyright and Trademark Office,

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<v Speaker 5>they want to make sure that somebody gets hurt from

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<v Speaker 5>your product and your service that they know who to

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<v Speaker 5>go to for that.

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<v Speaker 8>Right.

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<v Speaker 9>So like the Fortnite when they were trying to do

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<v Speaker 9>the dance moves, that's a copyright issue, right, Yes, it's

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<v Speaker 9>a copyright issue because I just want everybody to understand

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<v Speaker 9>because legal jargon can be a little confusing, right and

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<v Speaker 9>even for like I'm in business and I'm kind of

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<v Speaker 9>confused by like copyrights and trademarks. So all right, So, well,

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<v Speaker 9>the dance moves is a copyright because that's something that

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<v Speaker 9>it's like a physical thing that they made up.

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<v Speaker 5>Right, so they like they created it, and it's yeah,

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<v Speaker 5>something like physical that they did. It's like a creative

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<v Speaker 5>expression like choreography, you know, dance moves. And there's going

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<v Speaker 5>to be an issue even with that when they go

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<v Speaker 5>to copyright those because from what I understand, all Fons

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<v Speaker 5>or so he already got denied because they said it's

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<v Speaker 5>only three moves, like it's not enough to be choreography.

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<v Speaker 5>And I think that's gonna that's gonna sort of change

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<v Speaker 5>the way the law is because like now everything is media,

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<v Speaker 5>everyone has a camera, everyone's like creating dances, doing all

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<v Speaker 5>this type of stuff that has to be protected somehow.

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<v Speaker 3>So like when black Boy JB he does that move

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<v Speaker 3>and the kids just recreated, that's not really choreography what

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<v Speaker 3>they're saying.

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<v Speaker 5>Yeah, so that that that's going to be an it.

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<v Speaker 5>I think that's an issue that's up for discussion again.

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<v Speaker 6>All right.

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<v Speaker 9>So so then so then the trademark, like the Jordan logo,

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<v Speaker 9>that's a trademark.

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<v Speaker 5>Right, So in that case they sued for copyright because

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<v Speaker 5>the person who took it was a photographer, so photography,

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<v Speaker 5>it's a picture that's going to be something that's going

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<v Speaker 5>to be copyrightable. So they're suing for the photo that

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<v Speaker 5>that what was it that Nike did the comparable comparable photo,

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<v Speaker 5>but also comes into question because now they use that

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<v Speaker 5>as a logo. Right, But he lost because they said

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<v Speaker 5>it's really not ENTI and it's interested.

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<v Speaker 4>They said that the tracksuit, it was the.

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<v Speaker 9>Backdrop in the picture. The track suit and the photos

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<v Speaker 9>are slightly different. And it's interesting too because people were saying, well,

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<v Speaker 9>you can't take credit for an image, but you actually

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<v Speaker 9>can know because I remember when Cameron had the album

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<v Speaker 9>I don't know if you're a Cameron.

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<v Speaker 6>Fan, but we're Cameron fans.

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<v Speaker 9>Yeah, an album called SDE a while ago and the

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<v Speaker 9>logo was the NBA logo, which is Jerry West, but

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<v Speaker 9>instead of like the basketball, it actually had like a

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<v Speaker 9>firearm in his hands. So the NBA wasn't too happy

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<v Speaker 9>about that, so they shut it down and he couldn't

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<v Speaker 9>use it. So it's just interesting to see that, you know,

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<v Speaker 9>somebody can come up with an idea, but if they

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<v Speaker 9>don't actually do the right legal steps to somebody else

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<v Speaker 9>can kind of take the idea and now they own it.

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<v Speaker 5>Right, And that's what's been happening for years, Like people

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<v Speaker 5>who are it to this type of protection that it exists.

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<v Speaker 7>They just create stuff and people who know they take it.

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<v Speaker 5>And you know, just like all of the artists that

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<v Speaker 5>came like you know in the eighties, nineties, sixties, like

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<v Speaker 5>they didn't know that they had an actual, you know,

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<v Speaker 5>asset that someone else is making money off.

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<v Speaker 2>Ye.

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<v Speaker 9>And that's who we want to really because especially in

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<v Speaker 9>our community, like we're very creative. We're creative people, but

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<v Speaker 9>we don't always understand the business side of things and

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<v Speaker 9>how to monetize it in the legal steps to take.

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<v Speaker 9>So like you said, I mean, we'll make it and

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<v Speaker 9>create it and then somebody else will take it and

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<v Speaker 9>now they actually own it.

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<v Speaker 6>Right.

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<v Speaker 9>So if somebody wants to actually go about setting it

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<v Speaker 9>up right, like what's the steps of legally copywriting something

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<v Speaker 9>or trademarking or if they don't know the difference, should

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<v Speaker 9>they do it via a lawyer? Can they do it

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<v Speaker 9>themselves online? What's your advice?

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<v Speaker 7>Okay?

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<v Speaker 5>So well, one I have to give a disclaimer, so

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<v Speaker 5>for anybody who's listening, what I Do.

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<v Speaker 1>An illegal alien from Guatemala charged with raping a child

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<v Speaker 1>in Massachusetts. An MS thirteen gang member from El Salvador

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<v Speaker 1>accused of murdering a Texas man of Venezuelan charged with

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<v Speaker 1>filming and selling child pornography in Michigan. These are just

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<v Speaker 1>some of the heinous migrant criminals caught because of President

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<v Speaker 1>Donald J. Trump's leadership. I'm Christy Noman, the United States

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<v Speaker 1>Secretary of Homeland Security. Under President Trump, attempted illegal border

0:09:13.440 --> 0:09:17.000
<v Speaker 1>crossings are at the lowest levels ever recorded, and over

0:09:17.040 --> 0:09:20.280
<v Speaker 1>one hundred thousand illegal aliens have been arrested. If you

0:09:20.360 --> 0:09:24.200
<v Speaker 1>are here illegally, your next you will be fine nearly

0:09:24.280 --> 0:09:28.320
<v Speaker 1>one thousand dollars a day. Imprisoned and deported, you will

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<v Speaker 1>never return. But if you register using our CBP home

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<v Speaker 1>app and leave now, you could be allowed to return legally.

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<v Speaker 1>Do what's right. Leave now. Under President Trump America's laws,

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<v Speaker 1>border and families will be protected.

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<v Speaker 2>Sponsored by the United States Department of Homeland.

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<v Speaker 5>Security says for information only, I'm not your lawyer unless

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<v Speaker 5>you hire me. Let's have to say that. But so

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<v Speaker 5>if they want to. So the thing is, you should

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<v Speaker 5>always hire a lawyer because just with anything, like if

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<v Speaker 5>there's somebody who's an expert in the field, you want

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<v Speaker 5>to kind of rely on that person's expertise for nuances

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<v Speaker 5>and things like that.

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<v Speaker 7>But that being said, you can do it yourself.

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<v Speaker 5>Like for copyrights, you could go on copyright dot Gov

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<v Speaker 5>and you kind of they make it really easy for you.

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<v Speaker 5>So they kind of lay out what are you trying

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<v Speaker 5>to copyright? Is it you know, music, is it a

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<v Speaker 5>book or something?

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<v Speaker 4>Is it?

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<v Speaker 7>So they give you the options and then you select

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<v Speaker 7>and they kind of walk.

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<v Speaker 5>You through the application process and you could kind of

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<v Speaker 5>click on stuff that will give you like explanations like

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<v Speaker 5>if you're confused as to what they're asking. So that's

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<v Speaker 5>that with copyright. With trademark, it's a little bit more technical.

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<v Speaker 5>So again, I do think you should get a lawyer,

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<v Speaker 5>but their website has tons of videos on how to

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<v Speaker 5>do it.

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<v Speaker 7>It gets overwhelming.

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<v Speaker 5>But if you feel like, you know, I want to

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<v Speaker 5>protect my stuff and I just don't have the money

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<v Speaker 5>to invest in the attorney, they have videos that you

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<v Speaker 5>could look at, and it's also sort of like you

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<v Speaker 5>could you could be walked through the process, but the

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<v Speaker 5>search is a little more tricky because it's just so

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<v Speaker 5>much to go through, and their website is not really

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<v Speaker 5>set up to give you like comprehensive results, like you

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<v Speaker 5>could type in Starbucks with two s two s's at

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<v Speaker 5>the end. You know, two s's at the end, and

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<v Speaker 5>nothing will come up, you know what I mean. So,

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<v Speaker 5>but if you put it you know exactly how it's spelled.

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<v Speaker 5>Of course tons of stuff will come up, but you know.

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<v Speaker 5>So that's how you can see how it's not that

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<v Speaker 5>you know, it's not that easy for someone who is

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<v Speaker 5>just a lay person to do it, but it's possible,

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<v Speaker 5>you know what I mean? O.

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<v Speaker 3>Speaking speaking of a trademarks, we actually behind the scenes,

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<v Speaker 3>we're talking about a trademark case that people may be

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<v Speaker 3>not familiar with, but it involves some like.

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<v Speaker 4>A high profile person, Jay Z versus Iconics.

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<v Speaker 3>And for those who don't know what who are Iconics

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<v Speaker 3>brand is, they're actually the company he sold Rockaway too.

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<v Speaker 4>You want to touch on that a little bit.

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<v Speaker 5>Yeah, sure, So jay Z sold his Rockaway brand, his

0:11:50.800 --> 0:11:52.959
<v Speaker 5>clothing brand, to Iconics, right, and they're like a big

0:11:53.000 --> 0:11:53.680
<v Speaker 5>clothing company.

0:11:53.679 --> 0:11:56.800
<v Speaker 7>They own a bunch of different you know, clothing lines, and.

0:11:56.760 --> 0:12:00.560
<v Speaker 5>So they ended up suing jay Z because he has

0:12:00.960 --> 0:12:03.200
<v Speaker 5>rock Nation and they're like, well, you sold us this,

0:12:03.559 --> 0:12:05.840
<v Speaker 5>you know, it adds some value to it, and now

0:12:05.920 --> 0:12:08.440
<v Speaker 5>you're still using it essentially like you're using rock Nation

0:12:08.520 --> 0:12:11.000
<v Speaker 5>so and that that brand is already associated with you,

0:12:11.320 --> 0:12:13.439
<v Speaker 5>so it's diminishing our value.

0:12:13.559 --> 0:12:15.080
<v Speaker 7>And so they had.

0:12:14.960 --> 0:12:17.200
<v Speaker 5>A lawsuit, you know, and they were going back and

0:12:17.200 --> 0:12:19.839
<v Speaker 5>forth and they actually ended up in the arbitration.

0:12:20.200 --> 0:12:20.400
<v Speaker 4>Yeah.

0:12:20.440 --> 0:12:24.040
<v Speaker 11>So the arbitration the arbitration process is like the really

0:12:24.160 --> 0:12:26.760
<v Speaker 11>crazy part of the story because during that process he

0:12:26.880 --> 0:12:30.240
<v Speaker 11>finds out that hey, there's no diversity in the arbitrators

0:12:30.880 --> 0:12:34.160
<v Speaker 11>and he like files a suit for that and he wins.

0:12:34.360 --> 0:12:36.720
<v Speaker 7>Yeah and yeah so.

0:12:36.600 --> 0:12:40.080
<v Speaker 5>He so, so, okay, arbitration process is sort of like

0:12:40.120 --> 0:12:41.560
<v Speaker 5>an outside of court process.

0:12:41.600 --> 0:12:42.920
<v Speaker 6>I was going to say, because people that might not

0:12:42.920 --> 0:12:43.840
<v Speaker 6>know what arbitration is.

0:12:43.920 --> 0:12:48.240
<v Speaker 5>Yeah, so in most contracts, especially like when it comes

0:12:48.280 --> 0:12:50.640
<v Speaker 5>to business, there's going to be an arbitration clause. So

0:12:50.640 --> 0:12:52.280
<v Speaker 5>they don't want to have to go to court like

0:12:52.320 --> 0:12:54.800
<v Speaker 5>the normal avenue go to court and have a judge

0:12:54.800 --> 0:12:56.880
<v Speaker 5>a side, they just they rather go to like basically

0:12:56.920 --> 0:12:59.719
<v Speaker 5>like a board room and have someone who's an arbitrator

0:13:00.040 --> 0:13:02.560
<v Speaker 5>sit and listen to everybody who's like specializes in that

0:13:02.679 --> 0:13:03.520
<v Speaker 5>area or whatever.

0:13:03.840 --> 0:13:06.120
<v Speaker 7>So the parties get to choose who.

0:13:05.960 --> 0:13:08.480
<v Speaker 5>That arbitrator is going to be, Like they get a list,

0:13:08.520 --> 0:13:10.680
<v Speaker 5>they get to vet and agree on who that person

0:13:10.720 --> 0:13:12.959
<v Speaker 5>is going to be, or maybe a few people they'll choose.

0:13:13.280 --> 0:13:15.240
<v Speaker 5>And so what jay Z said is that, wait, there's

0:13:15.240 --> 0:13:17.400
<v Speaker 5>nobody of color on this list.

0:13:17.440 --> 0:13:19.120
<v Speaker 7>There was like I think there were like two.

0:13:19.040 --> 0:13:22.040
<v Speaker 5>People of a hundred yeah, something like that, and so

0:13:22.080 --> 0:13:23.320
<v Speaker 5>he was like, no, I'm not doing this.

0:13:23.679 --> 0:13:24.800
<v Speaker 7>So he basically said I'm not.

0:13:24.720 --> 0:13:26.800
<v Speaker 5>Going to go forward with the arbitration went to court

0:13:27.240 --> 0:13:30.439
<v Speaker 5>and actually before the judge made a decision, the company

0:13:30.600 --> 0:13:32.480
<v Speaker 5>was like, you know what, We're going to make sure

0:13:32.520 --> 0:13:34.560
<v Speaker 5>that we do right and go out and get more

0:13:35.040 --> 0:13:37.800
<v Speaker 5>you know, African American and other people of color to

0:13:37.920 --> 0:13:38.480
<v Speaker 5>be able.

0:13:38.280 --> 0:13:41.520
<v Speaker 4>To make indirectly providing opportunities for people.

0:13:41.320 --> 0:13:44.360
<v Speaker 7>Of absolutely like he changed the game, like he does.

0:13:45.080 --> 0:13:45.800
<v Speaker 4>So many levels.

0:13:45.960 --> 0:13:52.320
<v Speaker 9>Every time we ju again, we've kept our streak I'm

0:13:52.360 --> 0:13:56.559
<v Speaker 9>talking about, We've.

0:13:56.400 --> 0:13:57.800
<v Speaker 6>Been consistent mandatory.

0:13:57.880 --> 0:14:00.199
<v Speaker 9>Yeah, all right, Well one other thing before we go

0:14:00.240 --> 0:14:02.160
<v Speaker 9>to the next segment, can you just briefly talk about

0:14:02.200 --> 0:14:04.000
<v Speaker 9>licensing with that LS.

0:14:05.440 --> 0:14:10.720
<v Speaker 5>So when you own these different types of intellectual property, patent, copyright, trademarks,

0:14:10.480 --> 0:14:13.120
<v Speaker 5>the way that most people kind of really make money

0:14:13.120 --> 0:14:15.160
<v Speaker 5>from him is that they license them to other people

0:14:15.200 --> 0:14:17.800
<v Speaker 5>to use them. So as you build your brand, your

0:14:17.800 --> 0:14:20.720
<v Speaker 5>brand kind of has cloud, you know, like, for instance,

0:14:20.920 --> 0:14:25.520
<v Speaker 5>who was it Jeff Basos just bought the Washington Washington Yeah,

0:14:25.560 --> 0:14:28.720
<v Speaker 5>so we know newspapers are dying, right, so you can

0:14:28.760 --> 0:14:31.400
<v Speaker 5>get news everywhere now, so but that name has a

0:14:31.400 --> 0:14:33.600
<v Speaker 5>certain amount of status. So like if something's in the

0:14:33.640 --> 0:14:36.680
<v Speaker 5>Washington Post, you believe it, right, So that's what people

0:14:37.000 --> 0:14:40.320
<v Speaker 5>you know, once their brand creates value or has a

0:14:40.440 --> 0:14:42.440
<v Speaker 5>value to it. You could license that to other people

0:14:42.480 --> 0:14:45.400
<v Speaker 5>because like say, if they put out a story on

0:14:45.560 --> 0:14:48.040
<v Speaker 5>now on the Washington Post, say it was a license

0:14:48.080 --> 0:14:50.480
<v Speaker 5>and they licensed the name to him, he puts out

0:14:50.480 --> 0:14:52.240
<v Speaker 5>a story, people going to believe it. So that's why

0:14:52.280 --> 0:14:55.760
<v Speaker 5>people want to license established brands. And so you can

0:14:55.840 --> 0:14:59.120
<v Speaker 5>do it in terms of allowing them just to use

0:14:59.160 --> 0:15:01.680
<v Speaker 5>it for a certain purpose or in a certain area,

0:15:02.400 --> 0:15:06.400
<v Speaker 5>or to do, you know, in connection with something specific.

0:15:06.720 --> 0:15:08.760
<v Speaker 7>So you could do it broad or narrow, and.

0:15:08.680 --> 0:15:10.560
<v Speaker 5>You could get royalties from it, or you could just

0:15:10.640 --> 0:15:12.240
<v Speaker 5>charge a fee for it, and that's going to be

0:15:12.240 --> 0:15:13.200
<v Speaker 5>through like a contract.

0:15:13.560 --> 0:15:33.800
<v Speaker 8>Okay.

0:15:38.880 --> 0:15:42.560
<v Speaker 1>An illegal alien from Guatemala charged with raping a child

0:15:42.560 --> 0:15:46.360
<v Speaker 1>in Massachusetts. An MS thirteen gang member from Al Salvador

0:15:46.640 --> 0:15:50.760
<v Speaker 1>accused of murdering a Texas man of Venezuelan charged with

0:15:50.840 --> 0:15:54.720
<v Speaker 1>filming and selling child pornography in Michigan. These are just

0:15:54.800 --> 0:15:58.600
<v Speaker 1>some of the heinous migrant criminals caught because of President

0:15:58.600 --> 0:16:02.200
<v Speaker 1>Donald J. Trump's leadership. I'm Christy nom the United States

0:16:02.200 --> 0:16:07.000
<v Speaker 1>Secretary of Homeland Security. Under President Trump, attempted illegal border

0:16:07.040 --> 0:16:10.600
<v Speaker 1>crossings are at the lowest levels ever recorded, and over

0:16:10.640 --> 0:16:13.880
<v Speaker 1>one hundred thousand illegal aliens have been arrested. If you

0:16:13.960 --> 0:16:17.800
<v Speaker 1>are here illegally, your next you will be fine nearly

0:16:17.880 --> 0:16:21.880
<v Speaker 1>one thousand dollars a day, imprisoned and deported, you will

0:16:21.920 --> 0:16:25.560
<v Speaker 1>never return. But if you register using our CBP home

0:16:25.640 --> 0:16:29.000
<v Speaker 1>app and leave now, you could be allowed to return legally.

0:16:29.360 --> 0:16:34.120
<v Speaker 1>Do what's right. Leave now. Under President Trump America's laws,

0:16:34.280 --> 0:16:36.720
<v Speaker 1>border and families will be protected.

0:16:36.800 --> 0:16:38.920
<v Speaker 2>Sponsored by the United States Department of Homeland Security,