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Free Legal Advice On The Radio Twice Weekly

askJoeNow small 300x225 Free Legal Advice On The Radio Twice WeeklyFree show biz / intellectual property legal advice -twice a week- two different shows.  Sundays from 5 to 7 PM on KEIB AM 1150, The Patriot in Los Angeles (877-520-1150) right after Rush Limbaugh’s Week In Review, and Fridays at 11 am to noon PST, Indie 1031.com (877-LAW-4777). To ask a question now, go to the Contact Page. It will get answered. It’s always free, and always worth every penny. In addition to your calls, this is the best source to find out what is happening this week all up in Hollywood’s business. If an important deal is made in Hollywood, we will talk about it here.

Greg Ginn / Black Flag Lose Preliminary Injunction Against Flag – Round One.

According to Black+Flag+BF82 ukranian GEFu 300x234 Greg Ginn / Black Flag Lose Preliminary Injunction Against Flag   Round One.Rolling Stone Magazine, the judge hearing the case of Flag vs. Black Flag has decided that SST Records and Greg Ginn did not provide sufficient evidence to show that Flag is creating enough confusion in the market place to justify a court ordered injunction making them stop using the name Flag until the trademark issues are settled in court.

However, that doesn’t mean Ginn has lost his case. I haven’t read the Judge’s ruling yet but it appears he didn’t throw the case out. He just said no injunction. That only means that if Ginn wins eventually, the Judge feels that money damages will be enough to obtain relief, the court doesn’t have to halt the activity until then. So both bands can continue to tour.

It seems Ginn’s biggest problem is also his biggest plus. He’s too punk. He’s so punk he didn’t register this or document that. In a way, I find that refreshing. He’s just like the rest of us in that respect. Who can keep up with all the stuff you have to do to hang onto your punk band exactly how you want it in a complicated world? If he spent all the time necessarily to be legally buttoned up, his albums would have sucked. Thank God he’s a slacker. That’s what we pay him to be.

I will get a hold of the documents and discuss them on Sunday night’s Barely Legal Radio Program on KTLK at 5 PM PST. 1150 on your A.M. Dial. or http://www.ktlkam1150.com. Anyone can call the show and sound off live on the air at 877-520-1150.  Or comment here or on the Facebook Page.

Carley Rae Jepsen v. Ally Cupcake Burnett; Star Wars Sold To Disney; Brandi from Storage Wars

brandi passante a p 224x300 Carley Rae Jepsen v. Ally Cupcake Burnett; Star Wars Sold To Disney; Brandi from Storage WarsBig Fight of the week:

Barely Legal Radio we will analyze the copyright theft allegations against Carley Rae Jepsen and Owl City by singer Ally Burnettt.

Big  Deal of the week:

Lucas Films is sold to the Walt Disney Company in a deal worth 4.05 billion U.S. dollars.

Tool Of The Week:

Smut peddler Hunter Moore for trying to drag Storage Wars’ Brandy Passante into his low life.

What You Need To Know:

Eminem settled his lawsuit over digital royalty rates.

LISTEN LIVE at http:www.indie1031.com

When Can You Legally Record A Conversation

This article will give you some quick and useful information about when you can and cannot record phone calls and other conversations. After you’ve read it, have your mind blown by listening to the absolute all-time King Of The Recorded Conversation, LONGMONT POTION CASTLE.

Online Potion Package Vol. 2 Cover 150x150 When Can You Legally Record A Conversation

Best Crank Caller In The History Of The Medium

The Perfect Band Partnership Agreement Is Here!

South bay Surfers big 300x215 The Perfect Band Partnership Agreement Is Here!

Even If Your Band's Not Perfect, Get The Perfect Band Agreement!

Together with my law partner, Anita Rivas,  we’ve created the perfect band partnership agreement. 99 percent of bands are not going to bother incorporating or getting an LLC. That’s a fact. However, a band can clarify the rights and obligations of all the members in a legal document with a simple band partnership agreement like the one we’ve created for Legalzoom. Then you are protected in so many ways against things that can derail your musical goals, and all for $30.00! If you add some liability insurance to that, you wil protect your personal assets in a way similar to the protection provided for  by incorporating or becoming an LLC.

Every band needs either a partnership agreement, an LLC, or a Corporation. Do it now before someone gets greedy, or lazy, or ugly, or old.  Where do you get insurance? From my buddy Mike Koissian. I’ve known him since 7th grade. He’s your man.

Koissian button1 300x141 The Perfect Band Partnership Agreement Is Here!Get You Band Insurance Here.

Is Yelp.com Practicing Extortion, Or Are Critics Practicing Defamation?

 

yelp hate2 300x225 Is Yelp.com Practicing Extortion, Or Are Critics Practicing Defamation?

Is there anything really illegal going on here?

After Yelp.com’s successful IPO, there’s been a lot of attention paid lately to disgruntled establishments crying foul over the posting of negative reviews. I understand what they’re saying, but legally they would all be better off figuring out new media, rather than demonizing a successful business model that for better or worse represents the future. It is the future where all these establishments must exist. The good ole days are gone.

The argument is that punishing establishments that don’t buy ads with negative reviews amounts to extortion. The problem is that so far the complaints seem based on anecdotal conjecture. “We got negative reviews after we refused to advertise.” “Our positive reviews were being filtered out because we refused to advertise.” Maybe your food is bad. Maybe your service sucks. Who knows?

Let’s check out the legal definition of extortion: It is essentially the forcing of someone to do something they’re not legally obligated to do, through threats and coercion involving things that harm the victim, like announcing false negative information, or even true information, if it is private and harmful.

Is there any real evidence of that? I haven’t seen any reported. I’ve just seen  complaints from places that, for all I know, serve bad food or offer bad service. None of us know at this point.  What we have seen is people accusing Yelp of extortion. This brings up a more credible legal complaint: defamation. If you say things in public that are untrue, and they are the kind of thing that makes the public “spit on the ground” in disgust when they hear it, you’ve got a defamation case. If these people cannot prove these allegations, Yelp could come after them and then they are in real trouble.

I use Yelp.com about a ½ dozen times each day. I am smart enough to do my own filtering. Most Yelp reviewers are young cheap bastards that like food if they are served a lot of it at a low price. I take this into consideration.  Phony bad reviews stink from a mile away. From a consumer standpoint, it’s one of the good things about the Internet, not one of the bad things, like Youtube comments. If I’m a terrible restaurant, or mechanic in 2012, I’ve got to watch out. The game is played differently these days and there’s no way to go back to the old models.

You’ve got to be more honest and transparent these days, if you get caught up in some unjustified bad review nonsense, that’s unfortunate but this is our world now. You could also get robbed. It’s unfair but it happens. I’ve got people writing all kinds of false things on the Internet. I just have to do enough good stuff to make up for it. It motivates me to be better. And people know there are lies on the Internet, if not, someone would have surely killed me by now.

So my advice, which is free and worth every penny, is for establishments to adjust to the Internet age and try to make it work to your advantage. If you don’t, you will be replaced by people who are growing up in this age.  I made positive reviews on an obscure restaurant in Hawaiian Gardens on Yelp a couple years ago. It caught on and now I can barely get a table. This has made these honest tortilla makers into wealthy restaurant owners. The cream will always rise to the top eventually.

In a way, the Yelp controversy mirrors the shake up in the music industry  with the advent of the internet. You cannot do things by the old model. You need honesty, transparency, and the best product. Only the best will do these days. It’s rough for some, but a net positive for society. What are your experiences with Yelp?

Skateboarding Butt Pad: Alan Hale’s Patent Hall Of Shame

Skateboarding Butt Pad 204x300 Skateboarding Butt Pad: Alan Hales Patent Hall Of Shame

Pure Genius, If you really want your ass kicked.

Alan Hale from the law firm  of Knobbe Martin visits the Radio show periodically to show that not all Patents the U.S. bothers to register lead to gold. This week’s is a gem. If by gem you mean something really stupid that would never fly. Enjoy. He’s also got a new podcast. Check it out here:

Wacky Patents w/ Alan Hale Esq.

On today’s KTLK show we are speaking with Alan Hale our resident patent expert from the law firm of Knobbe Martens in Irvine, CA.  A patent is generally described as a grant made by a government that confers upon the creator of an invention the sole right to make, use, and sell that invention for a set period of time. The problem is that the  U.S. Government doesn’t always get things right, as you may know. These inventors probably all had the right to seek patent protection but that doesn’t mean you shouldn’t punch them in the face if you ever get a chance, except the Unicorn guy. Let’s start with him.

PROCESS FOR TRANSFORMING A GOAT INTO A UNICORN:

Unicorn Maker 243x300 Wacky Patents w/ Alan Hale Esq. Unicorn Marker Drawings 222x300 Wacky Patents w/ Alan Hale Esq.

 

 

 

 

 

 

 

 

 

 

 

BRAINWASHING GOGGLES:

Brainwashing Glasses Drawings 223x300 Wacky Patents w/ Alan Hale Esq.

Brainwashing Glasses 230x300 Wacky Patents w/ Alan Hale Esq.

 

 

 

 

 

 

 

 

 

 

LIGHT BULB CHANGER:

Light Bulb Changer Drawings 231x300 Wacky Patents w/ Alan Hale Esq.Light Bulg Changer 232x300 Wacky Patents w/ Alan Hale Esq.

 

 

 

 

 

 

 

 

 

 

PROCESS FOR EXERCISING A CAT:

Method of Exercising a Cat Drawing 300x184 Wacky Patents w/ Alan Hale Esq.Method of Exercising a Cat 300x241 Wacky Patents w/ Alan Hale Esq.

 

 

 

How Do I License A Song, or Sample, or Get Rights To A Cover Song? +Tips

Chuy Kitty 198x300 How Do I License A Song, or Sample, or Get Rights To A Cover Song? +Tips

Chuy Always Registers His Copyrights

ASCAP compiled a great list of the top career development articles in 2011.  My favorite, and most useful for my listeners is How You Can Clear Cover Songs, Samples, and Handle Public Domain Works. This is one of the most frequently asked questions on my show.  Here’s a list of things in this area to keep in mind regarding licensing music:

1. Remember, if a song is in the Public Domain, it doesn’t mean the recording of it is. You might have to record a new version.

2. You always need two licenses, one for the recording and one for the song itself (that comes from the writer, publisher, or publishing adminstrator).

3. ASCAP, BMI, and SESAC do not license songs to you, or for you. They are not publishers. They just collect money owed to songwriters and publishers when the songs are performed in public.

4. Registering with one of these entities listed in #3 does not mean your song is copyrighted.

5. You can record a cover song using a “compulsory license” without obtaining permission from the songwriter / publisher. However, if you want a discount rate, you will need to pay an advance and make a deal directly with the publisher / writer / or their rep (Harry Fox Agency).

6. You always need permission to synch a song to video. There is no compulsory license for that. It’s the wild west. People can charge whatever they want.

Trademarks: Invented to Protect Consumers, Now Used By Big Businesses To Destroy Small Ones

eatmorekale 300x199 Trademarks: Invented to Protect Consumers, Now Used By Big Businesses To Destroy Small OnesTootsie Roll vs. Footsie Roll,
, of course The Daily Variety, and now Chick Fil A is trying to destroy a small business that makes shirts that say “Eat More Kale.” Trademarks are supposed to be a tool to protect the consumers from dangerous confusion. If they trust a product, they don’t want to be tricked into buying an inferior one. Trademark law also can protect the investment in a brand from people who steal it TO MAKE A SIMILAR PRODUCT. Lately, companies like those mentioned above are just using them to try to destroy small un related businesses in the name of “vigorously protecting their mark.” It’s disgusting and it has to be stopped. This is the exact thing The Daily Variety and their parent company Reed Elsevier, Inc. is doing to the Vandals.