Social Media and Lawsuits; Song Rights Battle; Marketing Strategies

The first podcast that I reviewed concerned Social Media and Lawsuits.  In this podcast, we discover the growing increase of social media within the courts system and legal filings.  In this podcast, they discussed employment and legal occurrences.  What was very interesting is that it has been used as evidence for both civil and criminal cases.  National Law Journal said that Facebook has been a leader or “primary evidence source” for may court cases in the recent months. My thoughts on this podcast and the topic in general is that social media can prove so much, in terms of the dates of postings, images as proof or validity, or even can show a connect between parties by reviewing the message history.  All information pretty much is either saved or can likely be recovered once it is needed.  A point that was brought up was that lawyers have advised their clients to not delete particular items on Facebook or Twitter because of the potential weight that it can possess in the courtroom.  The courts have considered social media to, in some cases, be a viable source.

Ambrogi, B. and Williams, C.  Lawyer2Lawyer-Social Media and Lawsuits (July 12, 2012).  LegalTalkMedia.com. Retrieved on October 21, 2012 from  http://legaltalkmedia.com/LTN/C2C/C2C_071112_SocialMediaLitigation.mp3

The second podcast that I listened to was “The New Legal Battle over Song Rights”.  I was immediately interested in this based on the title.  Within the Music Industry there was a U.S. Copyright Revision in the 70s (1976 Copyright Act).  This law “gave many musicians and songwriters termination rights which gave them the rights to reclaim ownership of their recordings after 35 years so long as they apply for ownership at least 2 years in advance of the 35 year timeline.”  This means many hits that were written almost 35 years ago could now technically be up for grabs by the artist who can apply to become owner.  Sales of catalogue records amount to be a bulk of what provides profits to current record label or music publishers.  Quite often, artists initially sign a contract granting rights to the label and music publisher.  After 35 years they can apply to terminate their contract and retrieve ownership.  This does not include ‘work for hire’ agreements.  ‘Work for hire’ means a stipend was paid or payment negotiated for a collective works agreement. If they were work for hire, then the artist is not able to regain copyrights.  I think it is great that an artist can have the possibility to retain copyrights after this period of time.  Ultimately, I believe it won’t be a quick and easy retrieval because the record label does not want to lose the opportunity to make money.  They don’t want to lose rights, especially from big name stars. 

Williams, C. Lawyer2Lawyer-The New Legal Battle over Song Rights (September 1, 2011).  LegalTalkNetwork.com.   Retrieved on October 21, 2012 from http://legaltalkmedia.com/LTN/C2C/C2C_083111_Copyrights.mp3

Legal Marketing is discussed and the best marketing strategies for lawyers.  One strategy is launching a powerful website that is built to engage and increase clientele.  Many people look online for what they need.  So a strong web presence is key.  Lawyers should prove they are an “expert in their field..answer legal issues in their areas…”  A lawyer has to prove they can be reliable and be held accountable.  Another way is using video marketing.  A great way to break down the communication barriers or intimidation factors is to make a lawyer appear approachable.  Lawyers can do webinars or just upload video updates that not only showcase his/her skill and expertise, but also his/her personality.  Ideally, you want people to want to work with you.  This was an insightful podcast.  I completely agree with this because I often times are hesitant to approach lawyers regarding anything.  This can really ease my communication with them.

Ambrogi, B. and Williams, C. Lawyer2Lawyer-Legal Marketing: Stateside and Worldwide (March 11, 2011). LegalTalkNetwork.com.  Retrieved on October 21, 2012 from http://legaltalkmedia.com/LTN/C2C/C2C_031011_InternationalMarketing.mp3

My Review of 3 Legal-Focused Podcasts!

          The first podcast was regarding the most recent changes in Trademarks and Copyrights laws within the Brazilian market. From this podcast, I've gained a lot of information concerning Intellectual Property.  Two interviewees were husband and wife, Walter and Christina Palmer.  The upcoming developments first mentioned were PTO restructuring.  They are now focusing on eliminating what is not patentable from the beginning.  This will reduce the regular 8-9 years down to a projected 4 years time.  It was also mentioned that it will create new jobs and positions for the overall unemployed Brazilian market.  The greater majority of open positions would be allocated to the Patents, and then shortly followed by the Trademark departments.  The next upcoming developments were mentioned concerning the Olympic Act.  As some of you may know, Brazil has won the bid for the upcoming Olympic games that takes place in 2016.  The Olympic Act prohibits the use of certain phrases, use of the name or brands affiliated with Brazil.  This was in effort to prevent Ambush Marketing.  Ambush marketing is when many businesses may try to capitalize on the fact that The Olympics in Brazil is going to be such a global commodity.  Everyone will want anything to do with possibly being found as a result of the Olympics 2016.  Not to mention, the cost of gaining an advertisement spot during the 2016 Olympics will be astronomically high.  This podcast also revealed the new modifications Brazil is trying to incorporate in regards to copyright law.  The New Fair Use "permit us of copy written material for education" and also permits photocopying if used for educational purposes.  This does spark controversy and has not been accepted by a majority of parties.  It has not yet been passed.  All in all, I really enjoyed this post.  Lady Monarch Productions, Inc. is going to eventually go global.  http://www.lexisnexis.com/community/downloadandsupportcenter/media/p/51.aspx.

          In another podcast, I actually learned about the many things that are patentable.  This particular podcast reflects finding new cuts of meat, as Tony Mata has done.  Other things that ironically are patented is cutting a hotdog and frying it.  The thing to remember is that the patent cannot be obvious, but this podcast revealed many odd patents, including the chicken wing patents.  There are 8 million patents since 1998, according to NPR.org.  Everyday people become more and more original and creative.  This is also an interesting concept. I've learned that my brand should be so original that no one can replicate it.
Episode 399: Can You Patent A steak? August 31, 2012. Npr.org. Retrieved on October 7, 2012 from
http://www.npr.org/blogs/money/2012/08/31/160391850/episode-399-can-you-patent-a-steak.

          In this last podcast, Matt Krieger is interviewed to discuss the recent changes to Patent Law and what is affected.  President Obama passed the AIA into law last September.  AIA, the America Invents Act, has now began launching some instrumental..Inner party re-examination is now appearing to be more efficient.  The new patent law provides that inner party reviews are constructed in front of Patent Law judges as opposed to Patent Law examiners.  The judges are more apt to challenge the patents and make sure that the creation is purely and objectively created.  It was very informative.  Make sure to gather further information from the podcast.
Key Changes to Patent Law. September 19, 2012. LegalTalkNetwork: Lawyer 2 Lawyer.  Retrieved on October 7, 2012 from http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/.