By: Paul I. Menes
Just Sayin’ . . .™ Blog
A blog about what you need to know now and why.
I find most blogs and newsletters lawyers write aren’t practical. They tend to be dry, boring, self-congratulatory, and usually deleted without reading. Just Sayin’ . . .™ is a different kind of blog.
Its aim is to go straight to your bottom line—strategically, financially, and professionally. Just Sayin’ …™ will point out current issues and situations I think you need to be aware of and provide in plain English simple, practical advice and solutions to deal with those issues and situations.
Its goal is to help you stay out of trouble so you can continue to grow your business and prosper. It’s far less expensive to prevent a problem than to deal with it after occurs (which often involves very expensive legal fees and lawsuits).
While my blog will be regular, it won’t be on some artificial schedule. I’ll write it when I think there’s something you need to know that can affect you and your business. Hope you find it useful. Thanks!
DISCLAIMER. The information in this Just Sayin' section is for general informational purposes only and does not constitute legal advice or a legal opinion. It may not necessarily reflect the most current legal developments. You must seek the advice of the legal counsel of your choice before acting upon any of the information displayed here.
The views expressed in this Just Sayin' section are those of Paul I. Menes writing in his individual capacity. They may not be the views of Telikos Law Corporation as a law firm.
“Dilbert” On Contracts
As those of you who know me well, or have caught my article or presentations on it, I’m evangelical about writing and revising contracts in understandable, conversational English.
Your Start-Up Will Stall If It Doesn't Own It's IP.
As I’ve emphasized in other writings, the single most important asset of any business is its intellectual property (“IP”). Sure, good management is very important, but executives and other managers can (and do) come and go. A start-up’s IP, like a diamond, should be forever (or at least until it’s sold or transferred). Among other benefits, securing ownership of all your start-up’s IP enhances its value and can block out competitors.
No Ifs, Ands, or Bots! Bot Use Disclosure Is Mandatory in California
As anyone who shops or interacts online knows, many product and service providers offer messaging options that allow visitors to ask questions and interact with the site. Often, the “person” they’re communicating with isn’t real, although it often seems human – “Hi! I’m Tina! Can I help you?”
Want Your Podcast to Be Cast Away? Then Know the Rules for Using Music In Podcasts.
Podcasts were growing in popularity before the pandemic, with some of the more popular ones, like “Smartless”, “The Joe Rogan Experience”, and Logan Paul’s “Implausive” having millions of listeners, and being accessible on a variety of platforms.
Copyright Infringement May Now Be “Embedded” In Your Posts
How insane is this? Influencers and other celebrities keep getting sued for copyright infringement for posting pictures and videos of themselves on their social. (Dua Lipa is the latest victim).
Using Music In Your Social Can Create A Very Sad Song
Music is an often indispensable component of creating compelling online content. It can set the tone or mood, drive the narrative, or emphasize a point. This is true not only for influencers posting to their own socials, but to companies seeking to create content to market and promote their goods and services.
Face The Possibilities – Can Copyright Protect Your Makeup Art?
We don’t refer to makeup artists as “artists” for nothing. They truly are artists, whose palettes are the almost unlimited types of makeup products, whose canvases are faces, and whose designs as a whole are usually original to them. (I know this because I have several beauty influencers as clients).
Under The Influence-Cannabusinesses Can Smoke Out New Customers Through Social Influencer Marketing
Cannabis and its related industries continue their explosive growth in the U.S. More states are legalizing cannabis or have pending legislation to do so; some for both medical and recreational purposes, others just for recreational. Cannabis, and CBD-derivatives use in a multitude of products, are becoming increasingly mainstream.
When It Comes to Posting Your Photos, Ask Permission, Not Forgiveness.
There’s a theory to which my sweetheart subscribes: “Ask forgiveness, not permission”. While I generally agree, it doesn’t apply to influencers and other celebrities posting photos of themselves that someone else takes.
Life (and Death) Happens When You’re Making Other Plans
My oldest and closest friend used to say: “Our time on Earth is the vacation, so we better enjoy all of it. When we die, we go back to work”.
Pay Or Play - Do You Need a License to Play Music In Your Store, Bar or Restaurant?
So, a guy walks into a bar and compliments the owner on the music coming out of the bar’s sound system. The bar owner thanks him and asks him what he’s having. He replies, “I’ll have you stop playing that music and pay us damages for copyright infringement, or we’ll sue you for playing it without a proper license”.
What’s In a Name? Everything If You’re an Influencer, Actor, or Other Public Figure
I’ve always recommended that my talent clients, be they influencers, actors, or musicians, register their professional names for trademark as soon as possible. All of them have followed this advice, or are in the process of letting me do so.
Fyre Fest Scandal Reignites, and Influencer Agencies, Management and PR Firms Are Getting Burned
Earlier this year, I wrote an article for Entrepreneur magazine about the now-infamous Fyre Festival. Among other topics, the article dealt with how not only influencers, but recently brands, agencies, and others involved with influencers, were being scrutinized by the Federal Trade Commission (“FTC”) for failures to properly disclose endorsements.
Great News for Influencers and Bloggers! It's Now Easy and Inexpensive to Protect Your Content.
You work hard to frequently create original, authentic, and compelling content for your channel, blog or other social. You want your content being reposted and linked, but what about when it’s changed in ways you don’t want, used in ads or otherwise without your permission (or payment to you)?
Influencers, Use Your Influence to Save Lives!
According to several recent articles and advisories I’ve read quoting infectious disease specialists, including from the U.S. Centers for Disease Control and Prevention (the “CDC”), many Gen Y and Gen Z-ers (I’ll now refer to them in this article the “Gens”) have been ignoring “Stay at Home” orders, social distancing, and other advice of medical experts on steps to take to avoid getting and spreading the COVID-19 coronavirus.
Virtually Sustainable? The Current Viability of Virtual Influencers
Virtual influencers (“VI”), those creations of CGI and artificial intelligence (“AI”), were the rage and “next big thing” in influencers when the first one, Miquela Sousa, a/k/a Lil Miquela, stormed the Internet in 2016.