What's Trending? Analysis of three podcasts about current legal issues

            What’s Trending in 2012? According to Lawyer-to-Lawyer podcast, what we can see in 2012 is a social media trend usage increase like “posting on the wall” or messaging. These things are becoming evidence that can be used in court. According to this podcast, the more we use social media websites like Facebook or LinkedIn, the more evidence we are putting out on the web. Regardless if it is private, it is not privileged. A divorce attorney or an insurance lawyer can check your Facebook to track what you have been doing, discussing, etc. It is just like your child saying, “Mom, I was at Bobbie’s house last night studying calculus” and you going on his Facebook to discover he was at Cindy’s house party. Lawyers can do the same. It has been said over and over again, you have to be careful what you put on the Internet.

           Legal Blogging, Ethics, and First Amendment Rights. Lawyers also need to pay close attention to what they blog about: “Should Lawyers blog about their cases?” Even with client’s consent? Absolutely not. What would be the purpose sharing this information? Some lawyers are posting circumstances that relate to cases they are working on by using surnames and changing some of the details of the case. Even after listening to this podcast, I still do not see the need to post information about cases on the Internet. I understand that lawyers may discuss cases over dinner or at a bar like businessman discuss business deals; however, posting this type of information on the Internet in unethical.

            What you put on the Internet can include ideas or concepts that can be considered intellectual property. If you post an idea on Facebook and then someone else takes that idea and creates a popular U-Tube video or short film based on that idea, are you protected by IP laws? According to Gene Quinn, “there is no effective way to protect an idea.” Inside the American Invent Act, Peter Lando discusses with Mike Crosby the patent process and the changes that have been recently made to the process. The “post-grant review is a step in the right direction…hopeful it will be a low cost to review patents… and could be a success” Crosby stated.  This is one of the best ways to protect your idea, concept, invention, etc. but one needs to keep close attention to the changes that are currently happening.

            How does this relate to my business plan? I, along with others who are looking to start a new business, need to be aware of the legalities of blogging or posting our ideas on the Internet. Though blogging allows us to share ideas or concept like a think-tank, it also allows others (that you may or may not know) to gain access to an idea that may become profitable to you or your business. In a world where your business needs to have a strong Internet presence, your ideas do not need to be so exposed that another brand can make money off your unique idea or concept.

            Referring back to Facebook posting, your online presence or brand goes beyond the workplace now. Just like how lawyers can use what you post on your Facebook wall as evidence, businesses can use the same information as a reason for not partnering or hiring your company or you. Your brand continues into your personal life more so than it has done in the past. It is important to keep it professional both on and off line.

Copyright infringement is a commonly used legal term in the entertainment industry. "Only the original, creative expressions of these ideas can be copyrighted" according to Baker v. Seldan, 101 U.S. 99, 25 L.Ed. 841 (1879) (Mickey Mouse -- A Truly Public Character, 1999). Only the expression of an idea is protected by copyright, not the idea itself. Many have done multiple films based on pirates; however, there is only one Jack Sparrow. Disney holds the rights to the expression of the Jack Sparrow character. This means that the idea behind the work or character is not protected, but how the idea is expressed is protected. Someone cannot use the Jack Sparrow character to sell rum unless specified by Disney.  Another instance where this occurs is when an image is significantly similar to another image or a melody is similar to another. This commonly occurs more often in the music and art industry.

            An owner of a copyright owns a “bundle” of rights that can be sold or distributed differently.  The rights include: the right to reproduce the work, deviation of the work, distribution of the work, public display rights, and public performance rights (Click & Copyright, 2011). There are some exceptions like public domain to an idea. For example, the story of sleeping beauty or beauty and the beast is public domain.

            There has been an ongoing legal battle between Walt Disney Co. and Stephen Slesinger, Inc. on the copyright rights to Winnie the Pooh. "Slesinger, a New York television and film producer, obtained the exclusive merchandising and other rights to the Pooh works from author A.A. Milne in 1930 and transferred them to Disney in 1961 in exchange for a regular royalty" (Thomason Reuters, 2009). Stephen Slesinger heirs claim royalty fees from Disney still thus beginning a lawsuit in 1991. A U.S. judge in Los Angeles dismissed remaining claims in 2009. This type of controversy occurs often especially with the copyright to characters like Winnie the Pooh. In this particular case, Disney stated that SSI did not verify the particular rights they owned when they transferred the rights to Walt Disney Co.

            Disney is a very large franchise that deals with copyright infringement quite often. Other companies have to be careful not to come near what they own or to express an image or idea in an inappropriate way. For example, I wanted to use for my business plan “we scare to show we care” but it was too similar to the Monsters Inc. slogan “we scare because we care.” Though the phrase is different, it still has the same play on words and meaning. For those who do not know, my business plan focuses on the Halloween holiday. We specialize in haunted houses and spooky costume design. 

            Another case that has been in the news recently is the new idea for a themed park in China based on the game World of Witchcraft (WoW). However, the argument is that the similarities between the game and the theme park are not close enough to claim a lawsuit. Elliot Papageorgiou claims it as an inventive way to supply the demand of a park such as this one (The Finical Times Limited, 2012). The same issue occurred in China this past September with a theme park based on the mobile game Angry Birds. I think there is a fine line as to what is too closely related and what is not; however, it appears China has had reoccurring issues with copyright laws. “Western critics complain that the country makes, at best, a half-hearted effort because it conflicts with China's development strategy” (CBSNEWS, 2011). I agree. Chinese companies can not be excluded from copyright laws and have the ability to take western ideas and express them any way they see fit. It encourages other companies to outsource to China to make a profit and avoid western copyright laws. If I can not make a haunted house based on Tim Burton’s a Nightmare Before Christmas neither can some company in China.

http://mobile.reuters.com/article/idUSTRE58S08G20090929?irpc=932

http://www.public.asu.edu/~dkarjala/publicdomain/Vanpelt-s99.html

http://www.ft.com/intl/cms/s/0/5b162972-b9f2-11e0-8171-00144feabdc0.html#axzz1iujfOyfQ

http://www.cbsnews.com/stories/2011/09/16/scitech/main20107294.shtml

http://www.clickandcopyright.com/copyright-now.aspx