1 00:00:00,200 --> 00:00:27,520 Speaker 1: Ridiculous History is a production of iHeartRadio. Welcome back to 2 00:00:27,560 --> 00:00:30,960 Speaker 1: the show, fellow Ridiculous Historians. Thank you, as always so 3 00:00:31,160 --> 00:00:34,159 Speaker 1: much for tuning in. Uh, let's hear it for our 4 00:00:34,200 --> 00:00:37,720 Speaker 1: super producer, mister Max Copyright Williams. 5 00:00:39,680 --> 00:00:41,080 Speaker 2: I mean it was the only one. It was the 6 00:00:41,120 --> 00:00:43,560 Speaker 2: only possible nickname wise for this episode. 7 00:00:43,640 --> 00:00:47,199 Speaker 3: I actually do have a copyright on myself. Yeah, but 8 00:00:47,280 --> 00:00:48,960 Speaker 3: I mean granted, we all get copyrights as soon as 9 00:00:48,960 --> 00:00:49,880 Speaker 3: we create something. 10 00:00:49,960 --> 00:00:51,199 Speaker 4: But we'll get to that later. 11 00:00:51,320 --> 00:00:54,360 Speaker 2: Right, that's old. Yes, of course you put it out there. 12 00:00:54,400 --> 00:00:58,760 Speaker 2: Technically it's copywritten, but there's also, like you know, caveats today, 13 00:00:58,840 --> 00:01:00,120 Speaker 2: oh so many. 14 00:01:00,200 --> 00:01:04,119 Speaker 1: And it reminds me of our conversation on the Daily 15 00:01:04,200 --> 00:01:08,280 Speaker 1: Zeitgeist about stuff like the poor Man's copyright. As we'll see, 16 00:01:09,080 --> 00:01:13,840 Speaker 1: having a copyright and defending a copyright can be a 17 00:01:13,880 --> 00:01:17,360 Speaker 1: little complicated. Oh, we've got to introduce ourselves. That's mister 18 00:01:17,480 --> 00:01:21,640 Speaker 1: Noel Brown. Hi, you're Ben Bolan. That's me, and we 19 00:01:21,800 --> 00:01:26,720 Speaker 1: are continuing our series on IP, the short term for 20 00:01:27,240 --> 00:01:29,280 Speaker 1: intellectual property. 21 00:01:29,160 --> 00:01:32,160 Speaker 2: I p U P. We all pee for intellectual property. 22 00:01:33,640 --> 00:01:36,679 Speaker 2: And as we said off here, I P first, I 23 00:01:36,840 --> 00:01:40,160 Speaker 2: poop second. Yes, of course Max. 24 00:01:40,240 --> 00:01:42,120 Speaker 4: Does the too hump camell have a too hump p. 25 00:01:44,880 --> 00:01:45,600 Speaker 2: I don't understand. 26 00:01:47,600 --> 00:01:50,320 Speaker 4: It's a reference to uh, everyone poops. 27 00:01:50,840 --> 00:01:53,200 Speaker 2: Yeah yeah, and then the less the much less popular 28 00:01:53,200 --> 00:01:57,160 Speaker 2: book Nobody Poops but you. Yeah, that's a family guy. 29 00:01:57,240 --> 00:01:58,840 Speaker 2: It's the one family guy joke. I remember. 30 00:01:58,960 --> 00:02:01,559 Speaker 1: I think they called it like a Catholic children's book 31 00:02:01,640 --> 00:02:02,040 Speaker 1: or something. 32 00:02:02,080 --> 00:02:05,320 Speaker 3: Oh, well, we're Catholic. He's like, oh, so you're a 33 00:02:05,360 --> 00:02:08,320 Speaker 3: horrible child and that is tent of sin protruding from 34 00:02:08,360 --> 00:02:09,440 Speaker 3: your body or something like that. 35 00:02:09,560 --> 00:02:11,880 Speaker 2: I gotta tell you this has nothing to do with anything, 36 00:02:11,960 --> 00:02:16,800 Speaker 2: but talking about camels reminds me of a weird prejudice 37 00:02:16,919 --> 00:02:20,239 Speaker 2: or discriminatory thought that I've I've been trying to fix 38 00:02:20,280 --> 00:02:22,800 Speaker 2: it in my own head for years, But I just 39 00:02:22,840 --> 00:02:26,600 Speaker 2: think the two hump Bactrian camels are so much cooler 40 00:02:26,639 --> 00:02:28,960 Speaker 2: than the one hump camels. Yeah, I mean it's the 41 00:02:28,960 --> 00:02:31,840 Speaker 2: classic camel. You want the two hump or else. I mean, 42 00:02:31,960 --> 00:02:33,080 Speaker 2: it's like a built in saddle. 43 00:02:33,960 --> 00:02:36,080 Speaker 1: I'm never gonna get over this. I'll have to start 44 00:02:36,120 --> 00:02:38,840 Speaker 1: hanging out with some one hump camel. 45 00:02:38,960 --> 00:02:41,600 Speaker 2: Remember when we were in the Middle East at that 46 00:02:41,639 --> 00:02:44,160 Speaker 2: market and they had camel rides, was that a one 47 00:02:44,200 --> 00:02:45,680 Speaker 2: hump or two hump had to have been a two hump. 48 00:02:45,720 --> 00:02:47,240 Speaker 2: You can't write a one hump, you'd fall right off. 49 00:02:47,240 --> 00:02:48,799 Speaker 2: You could write a one hump, you'd have to fit 50 00:02:48,840 --> 00:02:51,440 Speaker 2: it with a special sound. Yeah, that would be a copy. 51 00:02:52,200 --> 00:02:56,560 Speaker 1: And maybe you could try to copyright some of these ideas. 52 00:02:56,680 --> 00:02:58,600 Speaker 2: Oooh see, but that would be more of a patent, 53 00:02:58,639 --> 00:03:00,240 Speaker 2: wouldn't it. It would do. 54 00:03:00,360 --> 00:03:04,400 Speaker 1: Check out our earlier episodes on this subject. So in 55 00:03:04,440 --> 00:03:07,200 Speaker 1: our previous episodes we had talked about like you were saying, 56 00:03:07,280 --> 00:03:11,520 Speaker 1: Noel Pattens and all other sorts of intellectual property. But 57 00:03:11,800 --> 00:03:16,079 Speaker 1: now we're going with something our research associate Max calls 58 00:03:16,120 --> 00:03:20,160 Speaker 1: the comic sands of intellectual property copyright. 59 00:03:21,000 --> 00:03:29,440 Speaker 2: I think I get it. So we're gonna pull a 60 00:03:29,480 --> 00:03:33,360 Speaker 2: lot today from the very official copyright dot gov. Not 61 00:03:33,400 --> 00:03:35,480 Speaker 2: an org, not a commra on that. It's a gov. 62 00:03:36,240 --> 00:03:40,400 Speaker 2: It means used to mean something. Sure it, Sure did it, 63 00:03:40,520 --> 00:03:44,400 Speaker 2: Sure did. So if we go to this source, copyright 64 00:03:44,440 --> 00:03:47,400 Speaker 2: dot gov, which is pretty canonical for our purposes today, 65 00:03:47,760 --> 00:03:49,400 Speaker 2: we'll see you. We'll see it. 66 00:03:49,440 --> 00:03:53,120 Speaker 1: Even think of a copyright as a genre or type 67 00:03:53,200 --> 00:03:58,760 Speaker 1: of intellectual property. The concept is that as soon as 68 00:03:58,840 --> 00:04:03,120 Speaker 1: you fick a creative work or original work in a 69 00:04:03,240 --> 00:04:08,119 Speaker 1: tangible form of expression medium, right, yeah, medium, then your 70 00:04:08,280 --> 00:04:12,720 Speaker 1: work is protected under copyright law in the This is 71 00:04:12,880 --> 00:04:15,400 Speaker 1: by the way, this just applies to the United States. 72 00:04:15,440 --> 00:04:19,240 Speaker 1: Things get stickier when you travel around the globe. But no, 73 00:04:19,480 --> 00:04:22,360 Speaker 1: what is original work for this? 74 00:04:22,839 --> 00:04:28,159 Speaker 2: Something that's a creative work that an individual produces from 75 00:04:28,160 --> 00:04:34,080 Speaker 2: their mind. Place. That could include paintings, photographs, musical compositions, 76 00:04:34,480 --> 00:04:38,839 Speaker 2: original recordings, which is its own issue because there's lots 77 00:04:38,880 --> 00:04:42,520 Speaker 2: of different stakeholders. And musical recording because you've also got 78 00:04:42,560 --> 00:04:45,040 Speaker 2: the writing, you've got the actual property, the masters, all 79 00:04:45,080 --> 00:04:46,640 Speaker 2: that stuff. We'll get into that. That's one of my 80 00:04:46,760 --> 00:04:53,840 Speaker 2: particular nerddoms. Computer programs, software, video games, books, poems, any 81 00:04:54,040 --> 00:04:57,480 Speaker 2: kind of blog posts would technically fall under this. Films, 82 00:04:58,720 --> 00:05:04,919 Speaker 2: architectural works and the plans thereof right, plays, sonnets, I 83 00:05:04,920 --> 00:05:09,000 Speaker 2: guess that falls under poetry, illustrations, you know, comic books. 84 00:05:09,560 --> 00:05:15,040 Speaker 1: It's pretty much creative acts, right, and a tangible form 85 00:05:15,240 --> 00:05:20,560 Speaker 1: of expression is It's a well intentioned it's a well 86 00:05:20,560 --> 00:05:24,080 Speaker 1: intentioned distinction, but it can also get a little sticky 87 00:05:24,279 --> 00:05:27,359 Speaker 1: when we're talking about the nature of something being tangible, 88 00:05:27,600 --> 00:05:32,080 Speaker 1: like dance, Is it choreographed dance, something you could copyright. 89 00:05:32,120 --> 00:05:34,160 Speaker 2: I was gonna ask, and I think, well, that's a 90 00:05:34,160 --> 00:05:38,920 Speaker 2: good question, because you do often hear about choreography being 91 00:05:39,040 --> 00:05:42,200 Speaker 2: lifted or borrowed or stolen. I actually saw a thing 92 00:05:42,279 --> 00:05:45,400 Speaker 2: yesterday on Instagram where it was some digital you know, 93 00:05:45,480 --> 00:05:49,200 Speaker 2: kind of independent digital creator showing some sort of animatic 94 00:05:49,240 --> 00:05:53,400 Speaker 2: that they had made and published online of a fight scene, 95 00:05:53,480 --> 00:05:56,120 Speaker 2: like a lightsaber ish type fight scene, and then the 96 00:05:56,200 --> 00:05:59,720 Speaker 2: ab frame of a I believe a Marvel movie that 97 00:06:00,040 --> 00:06:06,360 Speaker 2: lifted every aspect including camera angles of that original work, 98 00:06:06,480 --> 00:06:08,840 Speaker 2: which that yeah, I don't I have to dig deeper 99 00:06:08,880 --> 00:06:10,320 Speaker 2: into that, but I was gonna ask the same thing. 100 00:06:10,640 --> 00:06:14,599 Speaker 2: Can you copyright like a funny walk I've seen, I've 101 00:06:14,640 --> 00:06:18,120 Speaker 2: seen a video the video you're talking about, or something 102 00:06:18,320 --> 00:06:21,839 Speaker 2: very much like it. Okay, it happens. Yeah, it happens frequently. 103 00:06:22,080 --> 00:06:27,160 Speaker 1: Yeah, because it's complex to stage a choreographed fight safely, 104 00:06:27,520 --> 00:06:29,479 Speaker 1: add in a way that still looks real. 105 00:06:29,320 --> 00:06:30,400 Speaker 2: And carries the story. 106 00:06:30,680 --> 00:06:34,919 Speaker 1: It may be a situation where the stunt coordinator or 107 00:06:34,920 --> 00:06:38,960 Speaker 1: the person responsible for choreographing the fight just uses their 108 00:06:39,000 --> 00:06:42,560 Speaker 1: own stuff sometimes, but in the video you're referencing, it 109 00:06:42,640 --> 00:06:44,320 Speaker 1: did look clearly like a lift. 110 00:06:44,640 --> 00:06:46,640 Speaker 2: This was a person who had made the original thing saying, 111 00:06:46,640 --> 00:06:47,560 Speaker 2: hey look at this. 112 00:06:48,000 --> 00:06:51,320 Speaker 1: At these they said, I didn't make the second version 113 00:06:51,320 --> 00:06:53,200 Speaker 1: of this, so I took it. I do want to 114 00:06:53,240 --> 00:06:56,920 Speaker 1: point out that copyright dot gov does one more, very 115 00:06:57,040 --> 00:07:01,560 Speaker 1: unusual thing for dot gov website. They have an exclamation 116 00:07:01,760 --> 00:07:06,480 Speaker 1: mark in their definition. They say architectural works, plays, and 117 00:07:06,640 --> 00:07:07,640 Speaker 1: so much more. 118 00:07:08,360 --> 00:07:11,200 Speaker 2: Gosh, how much more? A copyright duck of enlighten us. 119 00:07:11,600 --> 00:07:16,440 Speaker 2: Copyrights can be either original, meaning that they're created independently 120 00:07:16,600 --> 00:07:20,400 Speaker 2: by a unique human author. Boy a boy, We're gonna 121 00:07:20,400 --> 00:07:23,400 Speaker 2: start getting into some real interesting territory with AI, Like 122 00:07:23,520 --> 00:07:27,600 Speaker 2: can someone copyright an AI work they have prompted into existence? 123 00:07:27,640 --> 00:07:30,880 Speaker 2: That's all another question for another day. And have a 124 00:07:30,880 --> 00:07:35,720 Speaker 2: minimal degree of creativity that definitely describe AI work. Look, 125 00:07:35,720 --> 00:07:37,520 Speaker 2: I'm not trying to poo poo all AI work. And 126 00:07:37,560 --> 00:07:40,240 Speaker 2: then there's an interesting AI artwork, weird kind of use 127 00:07:40,280 --> 00:07:42,680 Speaker 2: of the technology yet there, But boy a boy, is 128 00:07:42,680 --> 00:07:44,720 Speaker 2: a lot of it hack or it can be fixed? 129 00:07:44,720 --> 00:07:46,280 Speaker 2: And what does that mean exactly? 130 00:07:46,680 --> 00:07:49,600 Speaker 1: Yeah, So before we get to that, let's go to 131 00:07:49,560 --> 00:07:53,000 Speaker 1: a minimal degree of creativity. Just please, for an example, 132 00:07:53,440 --> 00:07:55,120 Speaker 1: let's say like, I used to have a lot of 133 00:07:55,160 --> 00:07:57,960 Speaker 1: technical writing gigs. So let's say you are a technical 134 00:07:58,000 --> 00:08:04,280 Speaker 1: writer and you're not crafting some philosophical exploration of the 135 00:08:04,400 --> 00:08:07,800 Speaker 1: nature of the soul, but instead you're like, here are 136 00:08:07,840 --> 00:08:14,480 Speaker 1: the requirements for this sort of request for funding prosentural writing. Right, Yeah, 137 00:08:14,560 --> 00:08:16,920 Speaker 1: that's a good way to put it. And so that 138 00:08:16,960 --> 00:08:19,880 Speaker 1: would still qualify as a copyright. But to your question 139 00:08:19,920 --> 00:08:25,480 Speaker 1: about something being fixed, that means that it is captured 140 00:08:26,000 --> 00:08:31,160 Speaker 1: in some way with the approval of the author the 141 00:08:31,200 --> 00:08:35,560 Speaker 1: creator in a quote sufficiently permanent medium such that the 142 00:08:35,600 --> 00:08:39,640 Speaker 1: work can be perceived, reproduced, or communicated for more than 143 00:08:39,679 --> 00:08:41,719 Speaker 1: a short time, so it's no longer ephemeral. 144 00:08:41,880 --> 00:08:44,720 Speaker 2: And this gets into an interesting place back to the 145 00:08:44,800 --> 00:08:50,000 Speaker 2: music nerdom with like tapers, people that follow bands around 146 00:08:50,080 --> 00:08:52,800 Speaker 2: in tape concerts. A lot of jam type bands, you know, 147 00:08:52,840 --> 00:08:56,240 Speaker 2: the Fish and the Grateful Dead and the Liking Gizzard 148 00:08:56,280 --> 00:09:00,320 Speaker 2: and the Lizard Wizard. They are all about tapers, and 149 00:09:00,480 --> 00:09:04,800 Speaker 2: they do not pursue any kind of you know, recompence 150 00:09:04,920 --> 00:09:09,319 Speaker 2: for people putting these recordings out. King Gizzard in particular 151 00:09:10,040 --> 00:09:14,880 Speaker 2: actually releases the masters of their albums, their original creative works, 152 00:09:15,160 --> 00:09:20,040 Speaker 2: and allows individuals to press them in unique and creative ways, 153 00:09:20,320 --> 00:09:21,959 Speaker 2: and they don't ask for a dime of that. They 154 00:09:22,040 --> 00:09:24,600 Speaker 2: just ask for a copy of the work of the 155 00:09:24,600 --> 00:09:27,040 Speaker 2: thing so they can add it to their like crazy 156 00:09:27,280 --> 00:09:29,640 Speaker 2: archive of like versions of their albums. 157 00:09:29,880 --> 00:09:34,200 Speaker 1: And they also so we're Gizzard fans, folks, they also 158 00:09:34,440 --> 00:09:38,200 Speaker 1: have done something really smart there. You could say it's 159 00:09:38,280 --> 00:09:44,840 Speaker 1: just creativity welcoming more creativity, but it also is huge 160 00:09:44,920 --> 00:09:49,040 Speaker 1: for growing their fandom. It's a great way to good will. Yeah, 161 00:09:49,080 --> 00:09:51,960 Speaker 1: it's a great way to pull in new listeners. It's 162 00:09:52,160 --> 00:09:56,760 Speaker 1: brilliant move. But this is the thing what makes copyrights 163 00:09:56,880 --> 00:09:59,920 Speaker 1: different from say other kinds of IP, like a pat 164 00:10:00,120 --> 00:10:03,680 Speaker 1: and it's because you get back to copyright dot gov. 165 00:10:04,320 --> 00:10:09,080 Speaker 1: Everyone is a copyright owner, ridiculous historians. You're listening now. 166 00:10:09,400 --> 00:10:13,280 Speaker 1: If you ever made anything original, you kind of have 167 00:10:13,360 --> 00:10:17,120 Speaker 1: a copyright. It just goes back to you, know how 168 00:10:17,160 --> 00:10:20,560 Speaker 1: you defend it, Like if you take a photograph, you 169 00:10:20,600 --> 00:10:24,640 Speaker 1: write a nifty little poem, you record a new song, 170 00:10:24,960 --> 00:10:27,520 Speaker 1: you're the author of it. And ma's with the comic 171 00:10:27,559 --> 00:10:31,920 Speaker 1: Sands analogy. I want to shout out your your allusion 172 00:10:32,120 --> 00:10:37,079 Speaker 1: to that excellent McSweeney's article which is all about fonts fighting. 173 00:10:37,440 --> 00:10:39,400 Speaker 4: You're welcome. I wrote that all for I wrote that 174 00:10:39,440 --> 00:10:40,880 Speaker 4: specifically for you, Ben. 175 00:10:41,559 --> 00:10:44,319 Speaker 2: For all the font heads out there, for all the fun. 176 00:10:44,559 --> 00:10:46,400 Speaker 2: We got our gizzard heads, and we gizz heads and 177 00:10:46,400 --> 00:10:50,679 Speaker 2: we got our font heads. So a trademark, right, is 178 00:10:51,040 --> 00:10:54,760 Speaker 2: a brand right. It's like a a company name, you know, 179 00:10:54,880 --> 00:10:57,600 Speaker 2: or the name of a product for example. There is 180 00:10:57,640 --> 00:11:01,680 Speaker 2: a certain similarity to that with regards to copyright. Whereas, 181 00:11:01,679 --> 00:11:05,000 Speaker 2: if you're the first one to use a trademark, I 182 00:11:05,040 --> 00:11:07,440 Speaker 2: believe you got a little bit of skin in the game. 183 00:11:07,480 --> 00:11:09,599 Speaker 2: If you can prove that you used it first in 184 00:11:09,640 --> 00:11:13,400 Speaker 2: a certain region, then you do have a little bit 185 00:11:13,480 --> 00:11:16,480 Speaker 2: of an argument for shutting somebody else down from using it, 186 00:11:16,559 --> 00:11:20,240 Speaker 2: just by virtue of being first to market with that thing. Similarly, 187 00:11:20,280 --> 00:11:23,000 Speaker 2: with the creative work, if you can show through timestamps 188 00:11:23,040 --> 00:11:27,440 Speaker 2: of original source files, for example, or a digital photograph 189 00:11:27,440 --> 00:11:30,280 Speaker 2: for example, that has embedded metadata on it, the shows 190 00:11:30,320 --> 00:11:33,560 Speaker 2: you did it before X person that claims it, there's 191 00:11:33,600 --> 00:11:35,280 Speaker 2: your argument as well. Yeah. 192 00:11:35,440 --> 00:11:38,920 Speaker 1: Yeah, So in the world of writing, one thing you 193 00:11:39,000 --> 00:11:42,559 Speaker 1: hear a lot about is the poor band's copyright, because 194 00:11:43,040 --> 00:11:46,480 Speaker 1: putting it in the post through an official government institution 195 00:11:47,080 --> 00:11:51,120 Speaker 1: gets you that stamp right, it proves that you have 196 00:11:52,080 --> 00:11:55,560 Speaker 1: done this thing by this point in time. But as 197 00:11:55,559 --> 00:11:58,280 Speaker 1: we've said before, oh for a. 198 00:11:58,320 --> 00:12:01,120 Speaker 2: Thing that maybe isn't it so digital? Literally are showing 199 00:12:01,120 --> 00:12:03,880 Speaker 2: that you mailed this. There is then a record and 200 00:12:03,960 --> 00:12:06,959 Speaker 2: a postmark that dates it in time, and you can 201 00:12:07,040 --> 00:12:08,480 Speaker 2: use that as your argument. 202 00:12:08,600 --> 00:12:14,679 Speaker 1: So I'm if I maybe don't trust my publisher entirely, 203 00:12:15,040 --> 00:12:17,840 Speaker 1: then I print something out, I mail it somewhere so 204 00:12:17,880 --> 00:12:23,120 Speaker 1: I can say, you know, HarperCollins or whatever, I made 205 00:12:23,120 --> 00:12:28,000 Speaker 1: this thing, not whatever story you're claiming. Of course, HarperCollins would. 206 00:12:27,760 --> 00:12:30,040 Speaker 2: Not do that, probably not, And that would be particularly 207 00:12:30,080 --> 00:12:32,280 Speaker 2: important if you were super old school and maybe you 208 00:12:32,360 --> 00:12:35,640 Speaker 2: only did your writing on a typewriter. Right as a 209 00:12:35,679 --> 00:12:38,800 Speaker 2: post center, I emphasized writer. It's just fine to emphasize 210 00:12:38,800 --> 00:12:41,480 Speaker 2: the wrong word. But if you were doing it electronically, 211 00:12:41,600 --> 00:12:45,800 Speaker 2: you would obviously have that timestamp and wouldn't necessarily need 212 00:12:45,840 --> 00:12:47,480 Speaker 2: to send it to the post. I believe those two 213 00:12:47,520 --> 00:12:51,520 Speaker 2: things accomplish the same task, right, yeah, yeah, And everything. 214 00:12:51,200 --> 00:12:56,320 Speaker 1: We're describing is an attempt to again secure some sort 215 00:12:56,440 --> 00:13:00,840 Speaker 1: of confirmation or authentication of the time in which a 216 00:13:00,880 --> 00:13:07,280 Speaker 1: thing was created, registering a work, officially getting the copyright 217 00:13:07,320 --> 00:13:11,640 Speaker 1: through the system isn't mandatory, but for things made in 218 00:13:11,679 --> 00:13:18,000 Speaker 1: the US, registration or refusal of registration is necessary if 219 00:13:18,040 --> 00:13:21,959 Speaker 1: you want to enforce the rights of the copyright in 220 00:13:22,040 --> 00:13:27,040 Speaker 1: court through litigation. This means like, if you register correctly 221 00:13:27,240 --> 00:13:29,720 Speaker 1: on time and don't do the poor man's copyright, folks, 222 00:13:29,960 --> 00:13:33,160 Speaker 1: it gets sticky in court. If you register correctly on time, 223 00:13:33,600 --> 00:13:38,280 Speaker 1: then you have the right to sue people to get 224 00:13:38,320 --> 00:13:43,000 Speaker 1: some compensation, to ask for damages from the court, to 225 00:13:43,120 --> 00:13:46,360 Speaker 1: get the offending party to pay your attorney fees in 226 00:13:46,400 --> 00:13:52,240 Speaker 1: case of a lawsuit. You're essentially taking out insurance. You're 227 00:13:52,280 --> 00:13:56,600 Speaker 1: paying a little bit of protection money just in case someone. 228 00:13:56,320 --> 00:13:59,360 Speaker 2: Comes for you later. Yeah, and you really hit on 229 00:13:59,400 --> 00:14:02,880 Speaker 2: an important point there, Ben is. A copyright is not 230 00:14:03,080 --> 00:14:08,360 Speaker 2: a blanket protection from litigation. It just is your argument 231 00:14:08,720 --> 00:14:11,120 Speaker 2: in court that hopefully you know, will give you the 232 00:14:11,200 --> 00:14:13,800 Speaker 2: upper hand. In the same way that we've talked about 233 00:14:13,840 --> 00:14:19,360 Speaker 2: things like fair use. You can technically use a copywritten 234 00:14:19,440 --> 00:14:23,240 Speaker 2: work legally if it's transformative or if it falls under 235 00:14:23,240 --> 00:14:27,000 Speaker 2: these certain educational educational whatever, But that doesn't mean that 236 00:14:27,040 --> 00:14:30,240 Speaker 2: the copyright owner isn't going to come after you and 237 00:14:30,240 --> 00:14:33,120 Speaker 2: you're gonna have to defend your fair use in court, 238 00:14:33,280 --> 00:14:36,480 Speaker 2: which could well be expensive, and you could well lose. 239 00:14:37,480 --> 00:14:40,760 Speaker 1: Without being without being two in the weeds here folks 240 00:14:40,840 --> 00:14:44,160 Speaker 1: peak behind the curtain. We have, over the course of 241 00:14:44,200 --> 00:14:49,120 Speaker 1: our careers, separately and together, dealt with issues like this firsthand. 242 00:14:49,960 --> 00:14:53,960 Speaker 1: One time, writing a show called Stuff of Genius, I 243 00:14:54,000 --> 00:14:58,160 Speaker 1: got in trouble with the creators of the Frisbee. They 244 00:14:58,160 --> 00:15:01,280 Speaker 1: were surprisingly whimsical about. 245 00:15:01,080 --> 00:15:02,920 Speaker 2: It, you know, for kids, right. 246 00:15:02,960 --> 00:15:05,480 Speaker 1: And then we got you got to call a flying 247 00:15:05,560 --> 00:15:08,840 Speaker 1: disc unless you have Frisbee's permission, turns. 248 00:15:08,520 --> 00:15:12,440 Speaker 2: Out so, and that is a that is a trademark. 249 00:15:11,920 --> 00:15:15,920 Speaker 1: Issue, right, And we got into another issue. Well, we 250 00:15:16,080 --> 00:15:19,320 Speaker 1: got in front of an issue here on our own 251 00:15:19,400 --> 00:15:23,480 Speaker 1: dear ridiculous history when we loved having the law and 252 00:15:23,640 --> 00:15:26,760 Speaker 1: Order sound c after we said Casey on the case 253 00:15:28,720 --> 00:15:33,920 Speaker 1: referring to our pala casey pegram h. And then we realized, uh, 254 00:15:34,920 --> 00:15:39,080 Speaker 1: there could be some litigation involved because they're very protective 255 00:15:39,120 --> 00:15:43,080 Speaker 1: of that specific even though it's so short that specific sound. 256 00:15:42,800 --> 00:15:45,960 Speaker 2: Bump, Oh dick Wolf, don't play now, he will come 257 00:15:46,000 --> 00:15:54,440 Speaker 2: for you. There's a term that's about to pop up 258 00:15:54,520 --> 00:15:58,240 Speaker 2: phono record, which I really dig It sounds as our 259 00:15:58,560 --> 00:16:02,360 Speaker 2: glorious President would say, it's an old fashioned word PHONEO record, 260 00:16:02,440 --> 00:16:04,640 Speaker 2: it's an old fat it's a but beautiful word, and 261 00:16:04,640 --> 00:16:07,280 Speaker 2: it means, of course recording. But a lot of especially 262 00:16:07,320 --> 00:16:10,240 Speaker 2: in the last maybe twenty now, this is much longer 263 00:16:10,240 --> 00:16:14,040 Speaker 2: than that. There are a lot of copyrights, and it 264 00:16:14,240 --> 00:16:16,640 Speaker 2: almost falls under copyright and trademark when you have a 265 00:16:16,680 --> 00:16:20,400 Speaker 2: sound like you're talking about ben like, for example, the 266 00:16:20,520 --> 00:16:25,280 Speaker 2: McDonald's jingle, or any little tiny audio id for perhaps 267 00:16:25,280 --> 00:16:28,080 Speaker 2: for a radio station or for a brand, that's both 268 00:16:28,080 --> 00:16:29,720 Speaker 2: a trademark and a copyright. 269 00:16:30,200 --> 00:16:34,160 Speaker 1: Yeah, and what are the craziest versions of this that 270 00:16:34,320 --> 00:16:38,240 Speaker 1: I remember hearing about? Oh gosh, earlier this year, I 271 00:16:38,280 --> 00:16:40,920 Speaker 1: was on the road when I heard about this. Apparently, 272 00:16:41,280 --> 00:16:46,040 Speaker 1: you guys, the dude who goes to wrestling matches and says, 273 00:16:46,120 --> 00:16:48,120 Speaker 1: let's get ready to rumble, he's not going to do 274 00:16:48,200 --> 00:16:52,520 Speaker 1: the voice. He owns it and he is super plugged 275 00:16:52,520 --> 00:16:54,120 Speaker 1: into anybody else using it. 276 00:16:54,160 --> 00:16:56,680 Speaker 2: Well, if that's like your one thing, I mean, I look, 277 00:16:56,800 --> 00:16:59,200 Speaker 2: no shade on the guy. Maybe he's an excellent painter 278 00:16:59,280 --> 00:17:01,360 Speaker 2: or something in his probably life, but you know that's 279 00:17:01,400 --> 00:17:03,720 Speaker 2: his bread and butter, and he's of course going to 280 00:17:03,800 --> 00:17:07,080 Speaker 2: defend that if if he was lucky enough and smart 281 00:17:07,200 --> 00:17:10,440 Speaker 2: enough to lock that down, he did. Yeah, he super 282 00:17:10,520 --> 00:17:11,480 Speaker 2: dups locked it down. 283 00:17:11,960 --> 00:17:15,560 Speaker 1: You also, if you have a copyright registered here in 284 00:17:15,600 --> 00:17:19,200 Speaker 1: the United States, you have the right to make what 285 00:17:19,240 --> 00:17:23,399 Speaker 1: we call derivative works based on your original work. So 286 00:17:23,920 --> 00:17:27,800 Speaker 1: let's say you have a you have a song called 287 00:17:27,960 --> 00:17:31,000 Speaker 1: third Man case idea, and then you decide you're going 288 00:17:31,080 --> 00:17:34,359 Speaker 1: to make a salsa version or a merengue version, because 289 00:17:34,359 --> 00:17:36,960 Speaker 1: why not. You could totally do that because you own 290 00:17:37,000 --> 00:17:40,880 Speaker 1: the original thing. You can also distribute copies or as 291 00:17:40,920 --> 00:17:44,399 Speaker 1: we said, phono records of the work to the public, 292 00:17:44,440 --> 00:17:46,760 Speaker 1: so you can sell it to people. You can also 293 00:17:47,440 --> 00:17:52,040 Speaker 1: sell the copyright itself or rent it out or grant 294 00:17:52,280 --> 00:17:55,600 Speaker 1: limited permission for people to use your thing. 295 00:17:56,119 --> 00:18:01,400 Speaker 2: Like technically you are not supposed to what's the word 296 00:18:01,440 --> 00:18:05,240 Speaker 2: I'm looking for present, Let's say a copy written work, 297 00:18:05,440 --> 00:18:08,000 Speaker 2: you know, for money. Like if you're if you own 298 00:18:08,000 --> 00:18:11,040 Speaker 2: a cinema, for example, and you're showing films and you 299 00:18:11,080 --> 00:18:14,240 Speaker 2: aren't paying the copyright, you're gonna get shut down. Or 300 00:18:14,280 --> 00:18:16,600 Speaker 2: even if you're like doing it in a public square 301 00:18:16,680 --> 00:18:19,000 Speaker 2: and charging admission, or I think even if you're not 302 00:18:19,119 --> 00:18:20,439 Speaker 2: charging in mission MM hm. 303 00:18:20,560 --> 00:18:24,879 Speaker 1: Yeah, people have gotten in trouble before for things like 304 00:18:25,760 --> 00:18:29,360 Speaker 1: private gatherings sometimes where you just you know, we all 305 00:18:29,400 --> 00:18:32,920 Speaker 1: know the classic fall and summer move. You wait till 306 00:18:32,920 --> 00:18:36,640 Speaker 1: the weather's nice, you get a big blank wall or heck, 307 00:18:36,680 --> 00:18:39,000 Speaker 1: a bedsheet of work, and then you have a projector 308 00:18:39,200 --> 00:18:41,920 Speaker 1: get a movie night in the backyard. People have gotten 309 00:18:41,920 --> 00:18:46,880 Speaker 1: in trouble for that, even though it is so unreservedly wholesome, right, 310 00:18:46,920 --> 00:18:49,280 Speaker 1: And it's also pretty rare that someone would come after 311 00:18:49,320 --> 00:18:51,520 Speaker 1: you for something like that. Just because it's rare, it 312 00:18:51,520 --> 00:18:54,200 Speaker 1: doesn't mean it hasn't happened. Yeah, it has happened, for sure. 313 00:18:54,280 --> 00:18:59,639 Speaker 1: And the copyright Your copyright rights also include things like 314 00:19:00,080 --> 00:19:01,359 Speaker 1: for I mean the work publicly. 315 00:19:01,560 --> 00:19:03,560 Speaker 2: That's what I was That's the word I was looking for, Ben. 316 00:19:03,640 --> 00:19:07,919 Speaker 2: This performance Yeah, yes, technically a projecting something is a 317 00:19:08,480 --> 00:19:09,679 Speaker 2: is a kind of performance. 318 00:19:10,200 --> 00:19:15,960 Speaker 1: Yeah, if you had a really curmudgeonly copyright owner or 319 00:19:16,040 --> 00:19:19,119 Speaker 1: a real go getter lawyer. Right, So that could be 320 00:19:19,160 --> 00:19:25,080 Speaker 1: anything for musical performance to a play, to choreography, literary recitation. 321 00:19:25,520 --> 00:19:31,520 Speaker 1: And I like how copyright dot Gov even points out pantomime. 322 00:19:32,280 --> 00:19:35,199 Speaker 2: I did not know. I was not aware of the 323 00:19:35,240 --> 00:19:40,560 Speaker 2: wide world of mime law. Memory, Oh, mime law. It's 324 00:19:40,600 --> 00:19:42,639 Speaker 2: only only second to bird law. And yeah, I mean 325 00:19:42,680 --> 00:19:44,840 Speaker 2: I think I've expressed a little bit of confusion about 326 00:19:44,840 --> 00:19:48,160 Speaker 2: this at the top. But choreography and pantomime their own 327 00:19:48,480 --> 00:19:53,320 Speaker 2: their own category. Individual movements, dance steps themselves are not 328 00:19:53,480 --> 00:19:57,320 Speaker 2: copyrightable as in one particular aspect. But when you chain 329 00:19:57,400 --> 00:20:00,959 Speaker 2: them together and you make it into a a you know, 330 00:20:01,080 --> 00:20:05,560 Speaker 2: a unique combination of them, then it becomes a copyrightable. 331 00:20:05,840 --> 00:20:10,040 Speaker 1: Okay, so you can't own put your left foot in, 332 00:20:10,480 --> 00:20:14,600 Speaker 1: but you can own hokey pokey, that's right. And you 333 00:20:14,880 --> 00:20:19,240 Speaker 1: can't own the color blue, but you can own a 334 00:20:19,359 --> 00:20:24,120 Speaker 1: work that incorporates the color blue and involves unique combinations 335 00:20:24,160 --> 00:20:26,960 Speaker 1: of like, you know, other colors, like the IBM logo 336 00:20:27,160 --> 00:20:28,119 Speaker 1: sure beating example. 337 00:20:28,400 --> 00:20:31,360 Speaker 2: So you can also display the work publicly. These are 338 00:20:31,440 --> 00:20:35,960 Speaker 2: basic things. They make sense. That's the what of the copyright. 339 00:20:36,080 --> 00:20:37,760 Speaker 2: Oh and just really quickly, I'm sorry I'm hung up 340 00:20:37,760 --> 00:20:39,399 Speaker 2: on this, but I was just I found an article 341 00:20:39,400 --> 00:20:42,560 Speaker 2: on Copyright Alliance, which is a dot org. And here's 342 00:20:42,600 --> 00:20:45,119 Speaker 2: just a little clarification around the movement aspects. Here are 343 00:20:45,160 --> 00:20:50,000 Speaker 2: some things that are not copyrightable. Yoga positions, a celebratory 344 00:20:50,200 --> 00:20:55,240 Speaker 2: end zone dance move or athletic victory gesture, ballroom folk line, 345 00:20:55,320 --> 00:21:00,280 Speaker 2: square and swing dances or general exercise routines. And here's 346 00:21:00,280 --> 00:21:02,040 Speaker 2: the funny one. And I wonder if there's some wiggle 347 00:21:02,119 --> 00:21:05,240 Speaker 2: room here skateboarding or snowboarding tricks. But what if you 348 00:21:05,280 --> 00:21:07,000 Speaker 2: had one that was like had never been done before, 349 00:21:07,440 --> 00:21:10,520 Speaker 2: Like surely there's some way to at the very least 350 00:21:10,560 --> 00:21:12,560 Speaker 2: like trademark. Maybe that's more of a trademark thing where 351 00:21:12,600 --> 00:21:14,879 Speaker 2: you're calling it the thing and it's associated with a 352 00:21:14,920 --> 00:21:17,359 Speaker 2: particular skate or snowboarder. 353 00:21:16,880 --> 00:21:20,280 Speaker 1: Right like you're Tony Hawk. You make some amazing new 354 00:21:20,359 --> 00:21:25,359 Speaker 1: trick and somebody you can own for that. But it's 355 00:21:25,440 --> 00:21:27,800 Speaker 1: also it's kind of a dick move to stop other 356 00:21:27,920 --> 00:21:32,280 Speaker 1: skateboarders from trying that because they're aspiring. It's it's flattery 357 00:21:32,359 --> 00:21:34,679 Speaker 1: for them to want to learn from you. It's uh, 358 00:21:35,520 --> 00:21:39,639 Speaker 1: it's interesting too because I would pause it, fellow ridiculous 359 00:21:39,720 --> 00:21:43,400 Speaker 1: historians that in each of those cases that we heard 360 00:21:43,440 --> 00:21:46,880 Speaker 1: read off on that list from the Alliance, we see 361 00:21:46,880 --> 00:21:51,040 Speaker 1: a little bit of history. Someone definitely tried to copyright 362 00:21:51,119 --> 00:21:55,439 Speaker 1: an end zone dance. Someone definitely tried to copyright aligne dance. 363 00:21:55,560 --> 00:22:01,439 Speaker 1: That's why it's that's why there are there's such specificity 364 00:22:01,480 --> 00:22:06,480 Speaker 1: of language here. It reminds me of walking into stores 365 00:22:06,840 --> 00:22:10,760 Speaker 1: and seeing a really specific warning SIGDN, like you see 366 00:22:10,880 --> 00:22:14,000 Speaker 1: no shirt, no shoes, no service, and you're like, who 367 00:22:14,080 --> 00:22:17,600 Speaker 1: just walked in here in their underwear? And how often 368 00:22:17,600 --> 00:22:20,280 Speaker 1: did it happen? Because it had to happen often enough 369 00:22:20,520 --> 00:22:23,840 Speaker 1: for somebody to look at their coworker and say, crap, 370 00:22:24,080 --> 00:22:24,920 Speaker 1: we need a sign. 371 00:22:25,000 --> 00:22:27,800 Speaker 2: Max did it? Max did it? Max is an underwear guy, Yeah, 372 00:22:27,800 --> 00:22:29,720 Speaker 2: he's for sure. It also reminds me of the scene 373 00:22:29,720 --> 00:22:32,040 Speaker 2: in Wayne's World where Wayne starts playing a thing that 374 00:22:32,080 --> 00:22:34,359 Speaker 2: sounds nothing like stairway to Heaven, by the way, and 375 00:22:34,400 --> 00:22:37,400 Speaker 2: then that gets our shop attendant them down, shut them down, 376 00:22:37,440 --> 00:22:39,560 Speaker 2: points to the sign that says no stairway to Heaven. 377 00:22:39,960 --> 00:22:41,479 Speaker 2: But I was also thinking it'd be funny to have 378 00:22:41,520 --> 00:22:45,480 Speaker 2: a no showboating rule for stores that like don't allow 379 00:22:45,560 --> 00:22:49,240 Speaker 2: you to do you know, peacocky end zone dances, you 380 00:22:49,280 --> 00:22:51,800 Speaker 2: know while I'm in the store or music stores. 381 00:22:51,880 --> 00:22:57,120 Speaker 1: Yeah, or I want to find the most specific law 382 00:22:57,359 --> 00:23:02,200 Speaker 1: or warning sign in his store has an incredibly crazy 383 00:23:02,240 --> 00:23:07,560 Speaker 1: story behind it, you know, like no misbehaving horses. No 384 00:23:08,600 --> 00:23:10,879 Speaker 1: lama spitting after six pm. 385 00:23:11,000 --> 00:23:13,159 Speaker 2: Well, that reminds me of an episode that I'm certain 386 00:23:13,200 --> 00:23:16,399 Speaker 2: we did just about odd laws still in the monks 387 00:23:16,440 --> 00:23:19,840 Speaker 2: in certain states. That sounds like, you know, that would qualify. 388 00:23:20,800 --> 00:23:24,320 Speaker 1: The reason I'm harping on the history here is because 389 00:23:24,520 --> 00:23:27,399 Speaker 1: what we do. We talked about the what of the 390 00:23:27,400 --> 00:23:29,359 Speaker 1: copyright and you can probably already see some of the 391 00:23:30,200 --> 00:23:32,679 Speaker 1: some of the sticky wickets, but we also want to 392 00:23:32,720 --> 00:23:35,520 Speaker 1: talk about the when. When did this become a thing? 393 00:23:35,640 --> 00:23:38,520 Speaker 1: How did we get in this real situation. It might 394 00:23:38,600 --> 00:23:42,160 Speaker 1: surprise some of us in the audience tonight to realize 395 00:23:42,160 --> 00:23:45,840 Speaker 1: that yet trademarks might date all the way back to 396 00:23:45,880 --> 00:23:49,800 Speaker 1: the Medieval Age in Western Europe, but copyright as a 397 00:23:49,880 --> 00:23:52,679 Speaker 1: concept is way more recent. 398 00:23:53,040 --> 00:23:56,680 Speaker 2: Yeah. According to the Intellectual Property Rights Office direct quote 399 00:23:56,680 --> 00:23:59,719 Speaker 2: from them, the world's first copyright law is the Statute 400 00:23:59,760 --> 00:24:02,640 Speaker 2: of and an Act that in England in seventeen ten. 401 00:24:02,840 --> 00:24:05,520 Speaker 2: This act introduced for the first time the concept of 402 00:24:05,560 --> 00:24:07,640 Speaker 2: the author of a work being the owner of its 403 00:24:07,680 --> 00:24:11,639 Speaker 2: copyright and laid out fixed terms of protection. This is 404 00:24:11,640 --> 00:24:13,040 Speaker 2: a long one, BM, but I think worth reading. You 405 00:24:13,080 --> 00:24:14,000 Speaker 2: want to want to pick it. 406 00:24:14,080 --> 00:24:18,720 Speaker 1: Up, sure, Following this Act, copyrighted works were required to 407 00:24:18,760 --> 00:24:24,439 Speaker 1: be deposited at specific copyright libraries and registered at the 408 00:24:24,560 --> 00:24:27,920 Speaker 1: Stationer's Hall. So what this means to pause here, is 409 00:24:28,320 --> 00:24:33,720 Speaker 1: that your copyright has to go through a very specific system, 410 00:24:34,160 --> 00:24:38,240 Speaker 1: and if a version of your thing is not deposited 411 00:24:38,680 --> 00:24:43,160 Speaker 1: at these specialized libraries, then it is not copyrighted. Even 412 00:24:43,200 --> 00:24:44,800 Speaker 1: if you wrote it, it doesn't matter. 413 00:24:44,960 --> 00:24:48,000 Speaker 2: But in those days there was no automatic copyright protection 414 00:24:48,160 --> 00:24:52,600 Speaker 2: for unpublished works, which we've talked about today doesn't necessarily 415 00:24:52,640 --> 00:24:54,080 Speaker 2: have to have been published and just needs to have 416 00:24:54,080 --> 00:24:59,119 Speaker 2: been committed to a medium. Continuing from Intellectual Property Rights Office, 417 00:24:59,280 --> 00:25:02,119 Speaker 2: legislation based on the Statute of ann gradually appeared in 418 00:25:02,160 --> 00:25:04,680 Speaker 2: other countries, such as the Copyright Act of seventeen ninety 419 00:25:04,720 --> 00:25:08,679 Speaker 2: in the United States, but copyright legislation remained uncoordinated at 420 00:25:08,720 --> 00:25:11,480 Speaker 2: an international level until the nineteenth century. 421 00:25:12,520 --> 00:25:17,240 Speaker 1: And one bully Boy bonus points for the founding fathers 422 00:25:17,280 --> 00:25:21,400 Speaker 1: of the US, they talk about this in the Constitution 423 00:25:21,560 --> 00:25:25,159 Speaker 1: in Article one, section eight. That's the same part of 424 00:25:25,160 --> 00:25:29,240 Speaker 1: the text that we mentioned in previous episodes that establishes 425 00:25:29,320 --> 00:25:32,640 Speaker 1: the rules of the legal road for patents and trademarks. 426 00:25:33,160 --> 00:25:37,280 Speaker 1: So let's go the Burn Convention of not Bernie Sanders 427 00:25:37,400 --> 00:25:42,240 Speaker 1: reference ber Ee. In eighteen eighty six, the Burn Convention 428 00:25:43,359 --> 00:25:49,240 Speaker 1: is introduced, and it's kind of coordinating everybody together at 429 00:25:49,280 --> 00:25:52,840 Speaker 1: an increasingly connected world. So the Burn Convention is this 430 00:25:54,440 --> 00:25:59,480 Speaker 1: just it's an agreement to say, hey, different countries have 431 00:25:59,680 --> 00:26:04,359 Speaker 1: some being like a copyright for their domestic population, so 432 00:26:05,080 --> 00:26:09,520 Speaker 1: let's all just respect the copyright like a German copyright 433 00:26:09,720 --> 00:26:11,359 Speaker 1: should still carry o. 434 00:26:11,560 --> 00:26:14,600 Speaker 2: The credits should transfer to France as well. Yeah, exactly. 435 00:26:14,680 --> 00:26:16,919 Speaker 2: Let's simplify this a little bit. It does away with 436 00:26:16,960 --> 00:26:20,280 Speaker 2: the need to register those works independently in separate countries. 437 00:26:21,080 --> 00:26:25,920 Speaker 2: It also has been the Burned Convention adopted by almost 438 00:26:25,960 --> 00:26:28,960 Speaker 2: all the nations of the world. So following the US 439 00:26:29,040 --> 00:26:32,679 Speaker 2: as adoption of the treaty in nineteen eighty eight, wow, 440 00:26:33,040 --> 00:26:37,400 Speaker 2: the convention now covers almost all major countries, but not 441 00:26:37,520 --> 00:26:39,080 Speaker 2: all of them, you know what I mean? 442 00:26:39,800 --> 00:26:43,520 Speaker 1: And being covered on paper is maybe not the same 443 00:26:43,600 --> 00:26:47,120 Speaker 1: thing as being covered in practice. Like a shout out 444 00:26:47,160 --> 00:26:53,160 Speaker 1: to the Chinese publishing industry where since we were recently 445 00:26:53,160 --> 00:26:57,919 Speaker 1: talking about Harry Potter, you might be interested to know, Yeah, definitely, 446 00:26:57,960 --> 00:27:00,359 Speaker 1: Alice too is dope, you might be interested to know 447 00:27:00,880 --> 00:27:05,600 Speaker 1: that there are a ton of Harry Potter books published 448 00:27:05,640 --> 00:27:10,040 Speaker 1: in China, at least from my understanding, that are not 449 00:27:10,119 --> 00:27:11,119 Speaker 1: written by JK. 450 00:27:11,359 --> 00:27:14,560 Speaker 2: Rowling. Someone just liked the idea of Harry Potter. Well, 451 00:27:14,640 --> 00:27:21,880 Speaker 2: and we're here. We'd call that fanfic, and technically that's prosecutable, right, 452 00:27:22,040 --> 00:27:24,560 Speaker 2: but it usually isn't because it is considered sort of 453 00:27:24,600 --> 00:27:27,720 Speaker 2: like a niche internet culture thing, and they don't get 454 00:27:27,800 --> 00:27:31,080 Speaker 2: too much of a Gizzard concert totally. I suppose that's. Yeah, 455 00:27:31,200 --> 00:27:34,080 Speaker 2: that's fair, but it usually doesn't get enough traction or 456 00:27:34,320 --> 00:27:36,760 Speaker 2: generate enough revenue that it's worth anybody's time to go 457 00:27:36,800 --> 00:27:39,440 Speaker 2: after like all these individual fanfic writers. But over there 458 00:27:39,440 --> 00:27:41,159 Speaker 2: in China it's a little separate issue, isn't it. 459 00:27:41,440 --> 00:27:46,720 Speaker 1: Yeah, And look, one of the biggest changes that comes 460 00:27:46,760 --> 00:27:51,400 Speaker 1: about with the Burn Convention was to extend copyright protection 461 00:27:51,640 --> 00:27:55,800 Speaker 1: to things that hadn't been published two unpublished works and 462 00:27:55,840 --> 00:28:01,240 Speaker 1: then remove that long standing requirement for registration. That means 463 00:28:01,480 --> 00:28:05,080 Speaker 1: there's good news, folks. That means that as an individual 464 00:28:05,359 --> 00:28:08,440 Speaker 1: or is the organization that you're working for, if you, 465 00:28:08,440 --> 00:28:12,480 Speaker 1: you say, have a job doing podcasts, you automatically own 466 00:28:12,560 --> 00:28:16,199 Speaker 1: the copyright of any work produced as soon as it 467 00:28:16,280 --> 00:28:19,800 Speaker 1: is recorded in some way, drawing it, filming it, writing 468 00:28:19,840 --> 00:28:24,400 Speaker 1: it down. And this is good overall for the creators 469 00:28:24,440 --> 00:28:29,320 Speaker 1: of original works. It's a system that helps people retain 470 00:28:29,400 --> 00:28:34,600 Speaker 1: ownership and agency and get compensated for their time. But 471 00:28:35,520 --> 00:28:47,239 Speaker 1: it's still kind of fragmented as a system globally, so 472 00:28:47,560 --> 00:28:50,240 Speaker 1: the rules in your neck of the global woods may 473 00:28:50,280 --> 00:28:54,760 Speaker 1: be very different from those in another place. And one 474 00:28:54,760 --> 00:28:56,920 Speaker 1: of the things we have to ask about, of course, is, 475 00:28:57,840 --> 00:29:00,320 Speaker 1: all right, let's say we got a copyright, how long 476 00:29:00,400 --> 00:29:05,880 Speaker 1: does this bad boy last? The general rule, which is 477 00:29:05,960 --> 00:29:09,560 Speaker 1: kind of weird, The general rule is that for things 478 00:29:09,680 --> 00:29:15,480 Speaker 1: created after nineteen seventy eight, copyright protection applies for the 479 00:29:15,880 --> 00:29:19,200 Speaker 1: life of the creator and then seventy years after that. 480 00:29:19,400 --> 00:29:22,760 Speaker 2: At which point it enters into the public domain, which 481 00:29:22,760 --> 00:29:28,320 Speaker 2: we've seen happen for a handful of legacy properties in 482 00:29:28,360 --> 00:29:31,280 Speaker 2: the last handful of years, like Winnie the Pooh. I 483 00:29:31,280 --> 00:29:35,160 Speaker 2: believe a version of Mickey Mouse, the Steamboat Willie version 484 00:29:35,200 --> 00:29:39,200 Speaker 2: of Mickey Mouse, certain songs. I'm trying to think of 485 00:29:39,240 --> 00:29:41,680 Speaker 2: some big examples, So those are the two that come 486 00:29:41,680 --> 00:29:42,080 Speaker 2: to mind. 487 00:29:42,520 --> 00:29:45,800 Speaker 1: Yeah, you're in my head with the mention of Disney, 488 00:29:45,880 --> 00:29:50,600 Speaker 1: because Disney has for a long time used its enormous 489 00:29:50,720 --> 00:29:56,840 Speaker 1: power and heft to conduct legal disputes for protecting especially 490 00:29:56,840 --> 00:30:02,400 Speaker 1: they're older creations. So the nineteen twenty eight cartoon Steamboat 491 00:30:02,440 --> 00:30:06,120 Speaker 1: Willie entered public domain in like twenty twenty four. 492 00:30:06,320 --> 00:30:07,040 Speaker 2: I think that's right. 493 00:30:07,240 --> 00:30:11,080 Speaker 1: Yeah, And so do check out do check out all 494 00:30:11,160 --> 00:30:15,040 Speaker 1: of the the kerfuffle there, and you'll see how seriously 495 00:30:15,160 --> 00:30:19,960 Speaker 1: companies like Disney take the concept of rights and trademarks 496 00:30:19,960 --> 00:30:20,880 Speaker 1: and copyrights. 497 00:30:21,040 --> 00:30:23,560 Speaker 2: Well, in the moment that happened, you started to see 498 00:30:23,760 --> 00:30:27,400 Speaker 2: a lot of derivative works coming out featuring some of 499 00:30:27,440 --> 00:30:31,160 Speaker 2: those characters. Like there was a really cool retro kind 500 00:30:31,200 --> 00:30:34,360 Speaker 2: of shooter video game that came out that I can't 501 00:30:34,360 --> 00:30:36,120 Speaker 2: remember the name of, but it was basically a Mickey 502 00:30:36,200 --> 00:30:38,720 Speaker 2: Mouse like run and gun kind of a shooter, first 503 00:30:38,720 --> 00:30:41,800 Speaker 2: person shooter game. And there was also like a horror 504 00:30:41,840 --> 00:30:44,760 Speaker 2: movie version of Winnie the Pooh called like Blood and 505 00:30:44,800 --> 00:30:47,640 Speaker 2: Honey or something like that that came out real quick, 506 00:30:47,680 --> 00:30:49,880 Speaker 2: like they'd already had it in production waiting for that 507 00:30:50,320 --> 00:30:53,200 Speaker 2: to drop, and then they like they rushed it out, 508 00:30:53,280 --> 00:30:55,560 Speaker 2: you know, and it made some noise because of the 509 00:30:55,560 --> 00:31:00,480 Speaker 2: novelty of it. Yeah, and still when something enters public domain. 510 00:31:01,200 --> 00:31:03,360 Speaker 2: It's not the end of the game, especially for a 511 00:31:03,400 --> 00:31:06,680 Speaker 2: company as powerful as Disney, because this is more a 512 00:31:06,760 --> 00:31:10,479 Speaker 2: trademark thing, but they have a legal leg to stand 513 00:31:10,520 --> 00:31:13,240 Speaker 2: on if they go back to court and say, hey, 514 00:31:13,880 --> 00:31:17,240 Speaker 2: our buddy, steamboat Will is in the public domain. But 515 00:31:17,320 --> 00:31:20,840 Speaker 2: the way it's being used in this instance could lead 516 00:31:20,880 --> 00:31:25,640 Speaker 2: people to think Disney has officially approved this or endorsed it, 517 00:31:25,760 --> 00:31:28,400 Speaker 2: or it to Disney product. So if you came out 518 00:31:28,440 --> 00:31:35,320 Speaker 2: with something called, for example, Steamboat Billy and Steamboat Billy 519 00:31:36,160 --> 00:31:41,120 Speaker 2: is slapped on things that look like Disney stuff, then 520 00:31:41,160 --> 00:31:43,040 Speaker 2: you can get in trouble. That's exactly right. 521 00:31:43,080 --> 00:31:46,280 Speaker 1: It's not the end of the game. But eventually, after 522 00:31:46,320 --> 00:31:50,840 Speaker 1: a certain amount of time, your copyright is gone. It's 523 00:31:50,880 --> 00:31:55,440 Speaker 1: in the public domain. And this has led a lot 524 00:31:55,480 --> 00:32:00,840 Speaker 1: of companies, especially in the entertainment industry, to continue create 525 00:32:01,040 --> 00:32:05,800 Speaker 1: new copyrighted material. Right you create, That's why they create 526 00:32:06,600 --> 00:32:10,800 Speaker 1: new distinct versions of Mickey Mouse to sort of section 527 00:32:11,040 --> 00:32:14,640 Speaker 1: out or block out the time window of copyright. So 528 00:32:14,720 --> 00:32:18,600 Speaker 1: each of those different Mickeys has a different copyright. 529 00:32:19,320 --> 00:32:24,560 Speaker 2: Yeah, exactly, the different iterations, the different eras, etcetera. And 530 00:32:24,600 --> 00:32:27,120 Speaker 2: like Disney to your point earlier, ben is the kind 531 00:32:27,160 --> 00:32:30,080 Speaker 2: of company that can is so powerful that it can 532 00:32:30,120 --> 00:32:34,800 Speaker 2: almost like affect the law. Yeah, for some time they 533 00:32:34,880 --> 00:32:38,600 Speaker 2: kept that Steamboat Willie version of Mickey out of the 534 00:32:38,640 --> 00:32:40,680 Speaker 2: public domainion, and then they were able to extend that 535 00:32:40,800 --> 00:32:43,680 Speaker 2: much longer than any mere moral would be able to do. Yeah, 536 00:32:43,720 --> 00:32:47,240 Speaker 2: they were just pushing the time window further and further 537 00:32:47,440 --> 00:32:51,160 Speaker 2: and probably putting a lot of lawyers' kids through college, 538 00:32:51,360 --> 00:32:53,640 Speaker 2: you know what I mean. So there's a silver lining there, 539 00:32:54,360 --> 00:32:58,000 Speaker 2: and now the question becomes, Okay, can you use a 540 00:32:58,120 --> 00:33:04,640 Speaker 2: copyright that is not yours? Kind of Yeah, exactly, you 541 00:33:04,720 --> 00:33:09,520 Speaker 2: sure can. I'm paraphrasing from copyright dot Gov. It's really 542 00:33:09,640 --> 00:33:14,400 Speaker 2: important to know that we are all users of copyrights. 543 00:33:14,440 --> 00:33:17,640 Speaker 2: Every time we consume a piece of media, we are 544 00:33:17,640 --> 00:33:21,120 Speaker 2: participating in that copyright. We are consuming it, reading books, 545 00:33:21,160 --> 00:33:24,400 Speaker 2: watching movies, listening to albums, playing video games, you know, 546 00:33:24,800 --> 00:33:31,120 Speaker 2: using creative software tools, enterprise stuff, whatever we were using. Yeah, 547 00:33:31,200 --> 00:33:35,120 Speaker 2: we are using copy written works. So even if you're 548 00:33:35,160 --> 00:33:38,800 Speaker 2: not the owner of a work, you are still able 549 00:33:38,880 --> 00:33:42,280 Speaker 2: to use it. Yeah, that's the point. I mean, that's like, yeah, 550 00:33:42,640 --> 00:33:44,600 Speaker 2: we're putting these things out in the world, typically to 551 00:33:44,720 --> 00:33:47,840 Speaker 2: be consumed by others. We just want to have protection 552 00:33:48,040 --> 00:33:51,160 Speaker 2: so that nobody can profit from it and you know, 553 00:33:51,640 --> 00:33:53,000 Speaker 2: take money out of our pockets. 554 00:33:53,320 --> 00:33:56,840 Speaker 1: Yeah, and also howgiarize, how would you write a law 555 00:33:57,400 --> 00:34:00,280 Speaker 1: that didn't have that in there? How would you because 556 00:34:00,360 --> 00:34:04,080 Speaker 1: essentially you'd be saying, hey, buying a book does not 557 00:34:04,160 --> 00:34:06,640 Speaker 1: give you the right to read it, you know, so 558 00:34:06,920 --> 00:34:08,200 Speaker 1: it would you have a. 559 00:34:08,160 --> 00:34:12,680 Speaker 2: Good point, Ben, That is a really important distinction, right right. Technically, 560 00:34:12,880 --> 00:34:15,759 Speaker 2: if you didn't pay for it, then you're yeah, then 561 00:34:15,800 --> 00:34:18,000 Speaker 2: you're a bad kid. But it's also but then there's 562 00:34:18,000 --> 00:34:21,280 Speaker 2: also like, I don't know, that's that's very interesting because 563 00:34:21,719 --> 00:34:25,560 Speaker 2: is it technically illegal to read magazines at a bookstore? Like, 564 00:34:25,600 --> 00:34:28,319 Speaker 2: if you didn't pay for it, are you stealing that 565 00:34:28,440 --> 00:34:32,200 Speaker 2: copywritten work when you're not compensating the holder? 566 00:34:32,600 --> 00:34:34,880 Speaker 1: Oh, you would have to be such a busy body 567 00:34:35,400 --> 00:34:38,480 Speaker 1: the problem. Yeah, I mean that's a man that's an 568 00:34:38,480 --> 00:34:43,880 Speaker 1: assistant manager having a bad day. So we know that 569 00:34:44,360 --> 00:34:48,480 Speaker 1: there are exceptions and limitations to the Copyright Act. You 570 00:34:48,520 --> 00:34:53,279 Speaker 1: can find this listed on copyright dot gov. There are 571 00:34:53,280 --> 00:34:55,640 Speaker 1: things we've talked about already, like fair use and the 572 00:34:55,680 --> 00:35:01,360 Speaker 1: first sale doctrine. There are some thankful, some specific rights 573 00:35:01,400 --> 00:35:05,759 Speaker 1: for archives and libraries. You know, it gets complicated with 574 00:35:05,880 --> 00:35:09,320 Speaker 1: cable and satellite as well. Let's not even get into 575 00:35:09,320 --> 00:35:10,960 Speaker 1: televise sports for a moment. 576 00:35:11,480 --> 00:35:12,480 Speaker 2: Max. That was for you. 577 00:35:13,120 --> 00:35:17,680 Speaker 1: And we know that there are things that are never 578 00:35:17,840 --> 00:35:23,520 Speaker 1: protected by copyright, like facts and discoveries. You can patent, 579 00:35:23,880 --> 00:35:28,360 Speaker 1: you know, a new wonder drug based on scientific research 580 00:35:28,400 --> 00:35:33,239 Speaker 1: you've done, but you can't patent the scientific truths that 581 00:35:33,320 --> 00:35:36,040 Speaker 1: you discovered in your research, yes, or like you can 582 00:35:36,160 --> 00:35:38,279 Speaker 1: patent maybe or I don't know, see what about like 583 00:35:38,440 --> 00:35:40,000 Speaker 1: naming an element. 584 00:35:39,719 --> 00:35:43,440 Speaker 2: On the periodic table, or like discovering a new metal 585 00:35:43,520 --> 00:35:46,359 Speaker 2: for example, that is a naturally occurring thing and you 586 00:35:46,520 --> 00:35:49,719 Speaker 2: maybe can name it after yourself and register that, but 587 00:35:49,800 --> 00:35:53,720 Speaker 2: you don't like own the material. Yeah, no, you can't 588 00:35:53,719 --> 00:35:58,359 Speaker 2: be like the nickel king. You can try. You could 589 00:35:58,400 --> 00:36:02,040 Speaker 2: hoard your nickels like a smile, you know, start hord 590 00:36:02,160 --> 00:36:06,279 Speaker 2: Dungeon for pennies too, folks. The last US penny was 591 00:36:06,520 --> 00:36:10,920 Speaker 2: just was just stamped. No, the last penny dropped. The 592 00:36:11,000 --> 00:36:12,200 Speaker 2: last penny dropped. 593 00:36:12,360 --> 00:36:16,399 Speaker 1: Uh and uh I am as as you know, nol, 594 00:36:16,480 --> 00:36:19,160 Speaker 1: I am beyond excited about that. I think it's great, 595 00:36:19,440 --> 00:36:23,640 Speaker 1: But uh, I wanted to make space and just send 596 00:36:23,680 --> 00:36:26,360 Speaker 1: our condolences to anybody who's a fan of those little 597 00:36:26,400 --> 00:36:28,200 Speaker 1: tourist penny stamper machines. 598 00:36:28,320 --> 00:36:31,520 Speaker 2: Anybody wants to do a candlelight vigil for pennies, We're 599 00:36:31,520 --> 00:36:32,000 Speaker 2: here for it. 600 00:36:32,120 --> 00:36:32,200 Speaker 3: Now. 601 00:36:32,520 --> 00:36:34,640 Speaker 2: I know, man, you've got, you got, You've got beef 602 00:36:34,680 --> 00:36:38,439 Speaker 2: with pennies. I don't they make your fingers smell weird. 603 00:36:38,480 --> 00:36:40,440 Speaker 2: I don't care for him either, and they're when's the 604 00:36:40,480 --> 00:36:41,840 Speaker 2: last time you spend a penny? 605 00:36:42,120 --> 00:36:42,480 Speaker 4: Second? 606 00:36:43,560 --> 00:36:43,880 Speaker 2: Second? 607 00:36:45,000 --> 00:36:47,640 Speaker 4: Yeah, we should have got rid of them, like decads. 608 00:36:47,880 --> 00:36:49,640 Speaker 2: It does seem like a bit of a waste of material, 609 00:36:49,719 --> 00:36:50,479 Speaker 2: So I'm with you guys. 610 00:36:50,760 --> 00:36:53,919 Speaker 1: Canada was in front of us on that one for sure, 611 00:36:54,000 --> 00:36:57,840 Speaker 1: so thank you to our northern neighbors. Now, at this point, 612 00:36:58,320 --> 00:37:03,280 Speaker 1: we know that current all pre nineteen sixty two US 613 00:37:03,360 --> 00:37:07,480 Speaker 1: works are in the public domain because copyright protection has expired. 614 00:37:07,480 --> 00:37:11,360 Speaker 1: But again, powerful forces can change the law and push 615 00:37:11,440 --> 00:37:16,239 Speaker 1: that conversation, so at some point it won't be a 616 00:37:16,320 --> 00:37:21,920 Speaker 1: surprise when copyright law once again evolves, especially with all 617 00:37:21,960 --> 00:37:27,280 Speaker 1: the technological breakthroughs we've been talking about in this episode. Nola, 618 00:37:27,280 --> 00:37:29,440 Speaker 1: I think it's pretty exciting as we're wrapping up here 619 00:37:29,520 --> 00:37:32,800 Speaker 1: to realize that we're all copyright owners. 620 00:37:32,920 --> 00:37:35,799 Speaker 2: All copyright owners and users. And if you want a 621 00:37:35,800 --> 00:37:39,839 Speaker 2: little bit of a nugget of current events information at 622 00:37:39,840 --> 00:37:42,640 Speaker 2: the end, here the handful of pieces of work that 623 00:37:42,680 --> 00:37:45,680 Speaker 2: are entering the public domain in twenty twenty six. Coming 624 00:37:45,760 --> 00:37:49,400 Speaker 2: up are some books William Faulkner's As I Lay Dying 625 00:37:49,600 --> 00:37:54,640 Speaker 2: and The Incredible Detective Mystery, nor author dashil Hamnet's The 626 00:37:54,719 --> 00:37:58,120 Speaker 2: Multese Falcon, the book, not the movie. Excellent movie by 627 00:37:58,120 --> 00:38:01,040 Speaker 2: the way, with Humphrey Bogard, I believe yeah. 628 00:38:01,239 --> 00:38:06,200 Speaker 1: Also Pluto the Dog Betty Boop. In the year after that, 629 00:38:06,239 --> 00:38:10,800 Speaker 1: in twenty twenty seven, Virginia Wolf's Lighthouse, the movie Seventh Heaven. 630 00:38:11,400 --> 00:38:14,359 Speaker 1: I'm excited about this one, the German sci fi film Metropolis, 631 00:38:15,160 --> 00:38:18,200 Speaker 1: and then a bunch of music that might be familiar 632 00:38:18,239 --> 00:38:22,040 Speaker 1: to people like Duke Ellington and Bubba Miley's collaboration Black 633 00:38:22,080 --> 00:38:25,960 Speaker 1: and Tan Fantasy. So we're on the precipice of some 634 00:38:26,040 --> 00:38:30,120 Speaker 1: really weird and interesting stuff. I wonder what the first 635 00:38:30,120 --> 00:38:33,960 Speaker 1: few Faulkner derivatives are gonna be. As I Lay frying, 636 00:38:34,719 --> 00:38:36,480 Speaker 1: as I spray crying, Well. 637 00:38:36,400 --> 00:38:39,839 Speaker 2: You know, with this kind of boom in noir ish 638 00:38:39,960 --> 00:38:42,759 Speaker 2: kind of throwbacky stuff like the Knives Out series and 639 00:38:43,040 --> 00:38:45,160 Speaker 2: you know a lot of that stuff that Ryan Johnson's doing. 640 00:38:45,680 --> 00:38:49,640 Speaker 2: I could see some real fun spins on Maltice Falcon. 641 00:38:50,200 --> 00:38:54,399 Speaker 1: Yes, yes, yes, that's so Falcon, which I've started saying 642 00:38:54,400 --> 00:38:55,040 Speaker 1: it's that it is. 643 00:38:55,400 --> 00:38:59,560 Speaker 2: Yeah. We hope you enjoyed this episode. Thank you for 644 00:38:59,640 --> 00:39:01,280 Speaker 2: two d in folks here. 645 00:39:01,600 --> 00:39:04,560 Speaker 1: As we're officially in the thick of the holiday season 646 00:39:04,600 --> 00:39:06,840 Speaker 1: at the end of the year, we can't wait to 647 00:39:06,880 --> 00:39:10,920 Speaker 1: have more ventures with you through November and throughout December 648 00:39:10,960 --> 00:39:12,759 Speaker 1: and then on to twenty twenty six. 649 00:39:13,080 --> 00:39:15,560 Speaker 2: I can't believe we're saying it. We're so close to 650 00:39:15,680 --> 00:39:18,759 Speaker 2: a new year. Indeed, huge thanks to Alex Williams, who 651 00:39:18,800 --> 00:39:21,160 Speaker 2: composed our theme. Oh gosh, that Max Williams, who is 652 00:39:21,239 --> 00:39:23,319 Speaker 2: not only our super producer at Shortinaire, but also our 653 00:39:23,360 --> 00:39:24,960 Speaker 2: research associate on this episode. 654 00:39:25,400 --> 00:39:29,480 Speaker 1: Big big thanks to aj Bahamas, Jacobs, doctor Rachel big 655 00:39:29,520 --> 00:39:37,239 Speaker 1: Spinach Lance and a civil yet cold good day, Sir 656 00:39:37,600 --> 00:39:39,959 Speaker 1: to Jonathan Strickland ak the Twister. 657 00:39:39,880 --> 00:39:42,560 Speaker 2: A bit of a boo, biting of the thumb, A 658 00:39:42,600 --> 00:39:45,200 Speaker 2: bit of a biting of the thumb. We'll see you 659 00:39:45,239 --> 00:39:55,000 Speaker 2: next time, folks. For more podcasts from iHeartRadio, visit the 660 00:39:55,040 --> 00:39:58,239 Speaker 2: iHeartRadio app, Apple podcasts, or wherever you listen to your 661 00:39:58,280 --> 00:39:59,040 Speaker 2: favorite shows.