See You In Austin!

Orange Appeal by JD Hancock from Flickr

Orange Appeal by JD Hancock from Flickr

As many of you know, I’m going to Austin this week to attend and speak at the South by Southwest conference (SXSW or “South by”). I’m so excited!

For those of you who don’t know, SXSW is a huge conference that features three track – film, music, and interactive. The interactive track is all about technology and social media.  That’s the track I’m attending. There are way more sessions than any person can attend and there’s so many opportunities to meet and hang out with awesome people in general that I’m going to probably be busy from morning ‘til night every day.

I’m super excited to go to the sessions on entrepreneurship, privacy, marketing, stopping bullying, and of course, the legal sessions. I will have the pleasure and honor of speaking about Protecting Your Copyrights In Digital Media. I’m going to talk about what your copyright rights are and your possible courses of action when someone steals your content. I’m part of the Future 15 program so I only get 12 minutes to give my talk. It’s going to be awesome.

My shirts for SXSW

My shirts for SXSW

There are so many people I hope to meet while I’m in Austin – Gary Vaynerchuk, Chris Guillebeau, the guys from Deadliest Catch, and of course, my fellow legal eagles. Another person I want to meet is Charlie Todd, the founder of Improv Everywhere. He’s debuting his film about Improv Everywhere called We Cause Scenes. I can’t wait to see it.

And will someone please remind me to do a handstand in front of a big SXSW sign or display? I need to add that picture to my collection. I don’t know if I’ll have time to see the giant longhorn statue on the University of Texas campus, but that would be fun too.

A very special thank you goes out to the crew at Brand X Custom T-shirts in Tempe, AZ who did a beautiful job creating my t-shirts for SXSW.

Jonathan Coulton v. Glee – Legal Rip Off or Copyright Infringement?

Jonathan Coulton by Dan Coulter from Flickr

Jonathan Coulton by Dan Coulter from Flickr

I’ve been reading up on the Jonathan Coulton/Glee controversy over Coulton’s arrangement of “Baby Got Back” by Sir Mix-a-Lot and all I can think is “What the fuck, Glee?!?”

Sir Mix-a-Lot is the artist behind the original “Baby Got Back.” When indie singer-songwriter Jonathan Coulton wanted to record a cover of it, he did the ethical and legal thing and purchased a license to use the song. Whenever he sells a copy of his version, Sir Mix-a-Lot gets a royalty payment.

The TV show Glee is about a high school glee club that does covers of popular songs. When they wanted to do a version of “Baby Got Back,” they got permission from Sir Mix-a-Lot to do it, but according to Coulton and his fans, they blatantly ripped off his arrangement without any attribution. It was likely completely legal for Glee to do this, but it was an asshat thing to do.

Here’s how copyright works when it comes to music. When a musician writes a song (think sheet music), he gets the exclusive right to copy, distribute, display, perform, and make derivative works from it. Covers are derivative works, which is why Coulton needed a license to do his own arrangement of the song. He used the same lyrics with a few modifications, but the accompanying music is totally different.

When the musician makes a sound recording of their song (think mp3, CD, etc.), he gets a separate copyright in that. In this case, Coulton may not have a copyright in the arrangement he wrote for “Baby Got Back,” but he does have a copyright in his sound recording of his arrangement of the song.

When “Baby Got Back” aired on Glee, Jonathan Coulton and his fans recognized it as his arrangement instantly, and they rightfully asked, “What the fuck?” No one informed Coulton that they’d be using his arrangement and they didn’t give him credit for it on the show. The show reportedly responded that he should be happy for the free exposure. What exposure did they give him since they didn’t give him the attribution for his work?!

Some people are now questioning whether Glee used some of Coulton’s sound recording on the show. Coulton may not have legal recourse for them using his arrangement of the song, but he would if they used his recording instead of recreating it themselves. We’ll see where the chips fall on this one.

In the meantime, Coulton is doing something totally awesome in response to this situation. He released his version of “Baby Got Back” (in the style of Glee) and he’s donating the profits to The VH1 Save the Music Foundation and The It Gets Better Project. Go buy it! (I did!)

So what’s the lesson from this: Always give an attribution when you use another artist’s work, even if you’re not legally obligated to do it.

You can read more about this story on CNN, Wired, and Forbes. Apparently other artists are also coming forward and saying that Glee did the same thing to their arrangements as they allegedly did to Coulton.

You can connect with me via TwitterGoogle+FacebookYouTube, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Happy Birthday Carter Law Firm!

Raul's Birthday Cake by lokate366 from Flickr

Raul’s Birthday Cake by lokate366 from Flickr

January 4, 2013 will mark the 1-year anniversary of Carter Law Firm. It’s been an amazing year. Some much has happened since the day I sent off my paperwork to the Arizona Corporation Commission and opened my firm’s bank accounts. I’ve learned so much about what it takes to be an effective business owner. Here are some of the key lessons I’ve learned.

1. Networking Can Be A Full-Time Job.
As a solo practitioner I am my business, so when I’m not doing work for my clients, I need to be out there promoting my business and networking with other business owners and potential new clients. I can easily attend 2-4 networking events a week. Networking Phoenix is a wonderful resource for networking opportunities in the Phoenix area. I used it a lot in my early days to learn about the chambers of commerce and other business groups in my area.

Early on, I went to every event I could attend. I learned that it takes a while to find my niches and watering holes where I could find clients and referral sources. I was pleased to become a member of Local First Arizona. It is a great group to meet awesome business owners and they have wonderful seminars.

2. Ask for Help.
There’s no reason for anyone in business to feel like they have to tackle any problem alone. I’ve found there are lawyers and business owners who will share their experiences, provide resources, and be a sounding board whenever I needed it. During the early days of my firm, I was on a first name basis with the state bar’s ethics hotline because I wanted to make sure I was doing everything right. I’m glad I’ve been able to pay it forward by sharing my experiences with other lawyers and business owners.

One thing I’ve learned as a business owner is that things are always changing so it’s impossible to know everything. It’s important to stay humble and teachable. And there are always new people to meet and connections to build.

3. Go After What You Want.
I’ve had to learn to be professionally bold as a business owner and to go after the experiences I want. If there’s a conference you want to speak at – apply. If you want to write a book – do it. If there’s someone you want to meet – send them an email or call them up. Just because you’re the new kid in town, it doesn’t mean you don’t have a lot to offer.

Another thing I’ve learned is you’ll never know how great you can be unless you try. Don’t fear success and don’t sell yourself short just because you have a new business.

I couldn’t be happier about my first year of business. I’m so grateful to everyone who helped make it such a huge success. I’m excited to see what the next year will bring.

You can connect with me via TwitterGoogle+Facebook, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Carter Law Firm’s Top 10 Posts From 2012

Fun with leftover sparklers #10 by yahtzeen from Flickr

Fun with leftover sparklers #10 by yahtzeen from Flickr

It’s been an amazing first year at Carter Law Firm! Thank you to everyone who made it so wonderful. According to my analytics, these were the most popular posts from this year. Enjoy!

 

Speaking at Phoenix Comicon 2012, Ruth Carter photo by Devon Christopher Adams

Speaking at Phoenix Comicon 2012, photo by Devon Christopher Adams

When Can Someone Post Photos Of You Online

What’s Up With The Disclaimers On Facebook

How To Respond If An Interviewer Asks For Your Facebook Password

How To Start A Business In Arizona

Woman Attacks Camera Man On Camelback

Copyright Infringement On Pinterest

Avoid Piercing The Corporate Veil

Creative Commons Images For Your Blog

The North Face vs The South Butt Trademark Saga

I’m An ABA Legal Rebel!

Have a great new year everyone! I’m excited for what’s to come and sharing it with you.

You can connect with me via TwitterGoogle+Facebook, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Carter Law Firm is Starting an Email Newsletter

Letters Never Sent by tnarik from Flickr

This has been on my to-do list for months and I’m finally making it a priority – the firm is starting its newsletter this month.

The goals of my firm’s monthly newsletter are to be short, relevant, and useful. Each edition will address one timely topic and provide updates from the blog and my speaking schedule. It may take me a few months to figure out the best days and times to do my mailings, but you should only get one email a month.

Will my newsletter have a shameless plug for my book? Of course! But I promise it will not be the main content. This newsletter is designed to offer helpful tips and suggestions to my subscribers, not to boost my book sales. If that’s a side effect, it’s just a bonus.

So how can you subscribe? It’s easy – you can subscribe to the newsletter here. Please note you have to add yourself to my mailing list. I will not add you without your explicit request and consent. One of my pet peeves is meeting a new person at a networking event, exchanging business cards, and finding myself added to their newsletter mailing list the next day without consent. I promise not to spam you or to sell my mailing list to third parties.

The first edition of the newsletter is scheduled to be delivered on Wednesday, November 28th. Please subscribe now if you’re interested in receiving it.

You can connect with me via TwitterGoogle+Facebook, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Texas Schools Tracking Students with RFID Chips

The bare RFID Reader pcb by CabFabLab

This seems pretty messed up – policies have been enacted at John Jay High School and Anson Jones Middle School in San Antonio, Texas that require students to always carry their student ID cards that have radio-frequency identification (RFID) chips embedded in them. These chips are used for attendance with the goal of reducing truancy. The school hopes the chips will keep kids from skipping school which will result in the school district getting significantly more funding.

The problem is these chips broadcast the holder’s location 24-7. Anyone with an RFID reader can track them. According to my source, Heather Fazio of Texans for Accountable Government easily filed a Freedom of Information Act and was given the names and addresses of every student in the school district. It only cost her $30. That means if she has an RFID reader, she has all the information she would need to tract a student if she was so inclined if the person had their student ID with them. That’s frightening!

Some students are standing up to this invasion of privacy and refusing to carry their student IDs or only carrying their old ID cards that don’t have RFID chips. They said they’ve been tormented by instructors, barred from school functions, and not allowed into the cafeteria or library.

I don’t have a problem with requiring students to carry a student ID when they are on school property and I like the idea that schools could take attendance by having students swipe a card at the classroom door. I take issue with the school and others being able to track students when they are outside the school walls and on their own time. It’s a privacy issue and a safety issue.

The police need a warrant to put a GPS on your car to track you. Why should a school be able to mandate that students be trackable 24-7?

I agree that these students have no expectation of privacy when they are in public and they are required to be in school by law, but that doesn’t give the school permission to make them trackable wherever they go.

The policy in question requires students to carry their cards in their pockets or around their necks. If I were a student in one of these schools, I’d try to disable the RFID chip by punching a hole through it and putting it on a string around my neck. I’d be complying with the letter of the law while protecting my privacy.

Feel free to connect with me via TwitterGoogle+Facebook, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.
Check out my ebook on Amazon - The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed

Hat tip to Sheila Dee for telling me about this story.

I’m an ABA Legal Rebel!

Photo by Don McPhee Photography

I’m excited to share the news that I’ve been named a 2012 American Bar Association Legal Rebel! The ABA acknowledges 10 members of the legal community each year for being innovative leaders. I am humbled and honored to be added to this illustrious group.

Photo by Don McPhee Photography

I learned about the Legal Rebels when I was in law school at Arizona State University. Every year they invite a panel of Legal Rebels to the school to talk to students about non-traditional career paths. I’m so grateful they hold this event for people like me who need role models who embody the idea that there’s more than one way to be a successful lawyer. I really admire people like Stephanie Kimbro, Niki Black, and Jeffrey Hughes who created some of the roads less traveled in the legal profession.

I had a wonderful conversation with Legal Rebel Mark Britton at the ABA TechShow this year. I met him the year before when he visited my law school when I was a 3L. In one year, I had gone from sitting in the audience listening to him speak to sharing the stage with him at LexThink.1. At the end of the event he was very encouraging of me and my firm and said I was “doing everything right” with my career.

The ABA selected me to be a Legal Rebel for my work in flash mob law. Even though I’ve been a lawyer for less than a year, I’ve examined the legal issues surrounding flash mobs since 2009 when I participated in my first flash mob – the No Pants Light Rail Ride. A group of us from that event decided we wanted to keep doing these events so we co-founded Improv AZ. Before  every event, I think through the criminal, First Amendment, tort, property, and intellectual property issues and try to ensure that we aren’t setting ourselves or our participants up to get arrested or sued.

Photo by Don McPhee Photography

I’m also an advocate for the real flash mob community. I try to correct the media when they call group criminal activities or any protest or demonstration organized through social media a “flash mob.” I want to maintain our reputation for organizing surprise events that entertain an unsuspecting audience.

I never would have pursued flash mob law without the support of some very special people.  I especially want to thank Ari Kaplan who encouraged me to pursue this niche, my fellow Improv AZ co-founders, and my family and friends who encouraged me to follow my dream of being a flash mob lawyer. Thank you again to the ABA for bestowing this honor upon me and for my awesome Legal Rebel Converse sneakers!

Feel free to connect with me via TwitterGoogle+Facebook, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.

Venture Capital Available for Arizona Companies

Money Plant by Tax Credits from Flickr

Money Plant by Tax Credits

Money doesn’t grow on trees . . . but sometimes people want to give it to you! The Invest Southwest Capital Conference is coming up on November 28th-30th at the Fairmont Scottsdale Princess Resort. This is the conference where Arizona companies can pitch their business plans and investment opportunities to over 300 venture capitalists and angel investors.

This conference has resulted in over a quarter of a billion dollars being invested in companies since its beginning in 1992. Jonathan Coury, the chairman of this year’s conference says the event’s mission is to encourage “economic growth through capital investments in growing enterprises.” I’ve known Jonathan since I worked under him and helped launch other businesses at the Innovation Advancement Program at Arizona State University. If he believes in this conference, I believe it’s something local companies should consider if they are trying to get a significant amount of venture capital.

Invest Southwest is geared towards companies that are looking for between $500,000 and $10 million in funding. You must apply to present to the conference. Applications must be received by 5pm on Thursday, August 30th with a $199 application fee. A selection committee will chose between 12 and 15 companies to present at the conference. If you are selected, you must pay an additional $350 presenter fee.  At first glance, $549 might seem like a lot of money to present at a conference, but not compared to the $10 million you might take home with you.

When you are seeking venture capital, it’s best to work with an Arizona business lawyer (like me) who can help you understand your obligations when you accept money from venture capitalists or angel investors.

Feel free to connect with me via TwitterGoogle+Facebook, and LinkedIn, or you can email me directly.
Please visit my homepage for more information about Carter Law Firm.

What’s Up with the Disclaimers on Facebook?

Avisados by Daniel Lobos, Ruth Carter

Avisados by Daniel Lobos

I’ve had multiple people ask for my take on the following disclaimer that lots of people are posting on their Facebook timelines:

Warning: Any person and/or institution and/or Agent and/or Agency of any governmental structure including but not limited to the United States Federal Government also using or monitoring/using this website or any of its associated websites, you do NOT have my permission to utilize any of my profile information nor any of the content contained herein including, but not limited to my photographs, and/or the comments made about my photographs or any other “art” related posts on my profile. You are hereby notified that you are strictly prohibited from disclosing, copying, distributing, disseminating, or taking any other action against me with regard to this profile and the contents herein. The foregoing prohibitions also apply to your employee(s), agent(s), student(s) or any personnel under your direction or control. The contents of this profile are private and legally privileged and confidential information, and the violation of my personal privacy is punishable by law.

UCC 1-103 1-308 ALL RIGHTS RESERVED WITHOUT PREJUDICE

Apparently people think that rules regarding others’ use of their information and intellectual property changed when Facebook became publicly traded and that posting this disclaimer will prevent others from using their photos and other information contained in their profiles. I hate to burst your bubble, but it doesn’t.

When you signed up for Facebook, you agreed to the terms of the site. The fact that Facebook is now publicly traded doesn’t change anything related to how Facebook can use your information that you willingly posted to your profile.

The current Facebook terms state that you gave Facebook a “non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any [intellectual property] content that you post on or in connection with Facebook.” This license ends when you delete the information from your profile. So if you don’t want Facebook to use any of your information or photographs, delete them.

Posting this disclaimer will have no effect. By using Facebook, you continue to agree to abide by the terms of the site. If you read Facebook’s terms and conditions, you will notice that there’s no provision that says you can change the terms. Your options are to accept the terms and keep using the site or to delete everything on your profile and stop using Facebook. You can’t manipulate the terms to get what you want this time.

If you want more information about this issue, check out the Snopes page on this topic.

Feel free to connect with me via TwitterGoogle+Facebook, and LinkedIn.
Please visit my homepage for more information about Carter Law Firm.