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Contract Breakdown: Stand Behind Your Promises, The Reps & Warranties Clause

The Daily Creator

Release Date: 12/23/2022

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The Daily Creator

In this episode of The Daily Creator, Eric Farber, founder and CEO of Creator's Legal and former entertainment lawyer with 20+ years of experience, dives into a landmark influencer lawsuit — Gifford v. Shield — that asked the provocative question: Can you copyright a vibe?  Eric breaks down why copyright protects expression, not aesthetics or trends, and why this case, dubbed the "beige case," challenges common misconceptions about intellectual property in the creator economy.  The lawsuit involved claims ranging from copyright infringement to trade dress and...

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In this inspiring and insightful episode of The Daily Creator, host Eric Farber sits down with longtime friend, creative visionary, and industry veteran René Brar. With a multifaceted career that spans indie cinema, studio blockbusters, and groundbreaking unscripted television, René shares the highs, lows, pivots, and personal revelations that have defined her unique journey through the entertainment world.  Having worked alongside legendary figures such as Ridley Scott, Todd Haynes, and Scott Stone, René offers a rare behind-the-scenes perspective on how creative storytelling has...

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Episode 47 - The Daily Creator: The Future of Music, Entertainment & Creator Tech with Powerhouse Attorney Brian Bloom  In this powerhouse episode of The Daily Creator, I sit down with Brian Bloom, a veteran entertainment lawyer who has spent decades representing some of the biggest names in music and entertainment. Brian’s career spans from working with legendary artists like Tupac (where we collaborated), Eminem, Wu-Tang Clan, Rick Ross, and many more, to now being on the cutting edge of AI and digital innovation.  Brian’s practice today is at the forefront of AI,...

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Building a Thriving Remote Culture | The Daily Creator with Eric Farber  In this episode of The Daily Creator, Eric Farber shares his journey and insights into building a successful remote company culture. With 59% of small businesses now employing remote workers, it's crucial for leaders to create a culture that fosters engagement, connection, and growth—no matter where your team is located.  Eric, the founder of several companies including Pacific Workers, Creators Legal, and Viva Global, offers practical advice on how to build a thriving remote culture that doesn’t just...

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In this episode of The Daily Creator, Eric Farber dives into two major stories shaking up the digital landscape and impacting creators: the ongoing battle surrounding TikTok’s future in the U.S. and the potential regulatory shifts under the Trump administration that could change the way platforms handle advertising and data privacy. TikTok’s Ongoing Struggles and Microsoft’s Potential Acquisition TikTok’s future in the U.S. has been uncertain, with President Trump’s administration pushing for a ban. But now, reports indicate that Microsoft might be in talks to acquire the...

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The Daily Creator

Epidose 44 is another update for the TikTok Ban as of 1/22/25 In this critical episode of The Daily Creator Podcast, host Eric Farber takes you through the latest twists in the TikTok saga as the U.S. teeters on the edge of major policy changes that could reshape the digital landscape. This episode, titled "Frozen Future," dives into President Trump’s recent executive order that halts the TikTok ban, providing a 75-day reprieve amid growing concerns over national security and international data laws. Discover the intricate backstory of TikTok's challenges in the U.S., from its initial...

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The Daily Creator

TikTok Ban Update #2: Creators Flock to RedNote | What’s Next for TikTok’s Future in the U.S. 🚨 Breaking News: The clock is ticking as TikTok’s fate in the U.S. hangs in the balance with the January 19th, 2025 deadline fast approaching. If ByteDance doesn't sell TikTok’s U.S. operations, the platform could be completely shut down in the U.S. But there's a growing shift happening behind the scenes—creators are flocking to RedNote, a Chinese app that has quickly emerged as a serious alternative to TikTok. Having explored RedNote myself, I can tell you—it’s strikingly similar to...

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Special Episode 1-15-25 The Daily Creator | TikTok Ban Update: The Future of Social Media and Free Speech in the U.S. The clock is ticking on TikTok’s future in the United States. With just days until the January 19th, 2025 deadline, TikTok, the social media giant with over 170 million users in the U.S., faces a crucial decision: either ByteDance, its parent company, sells the app or the platform is banned. But the stakes go far beyond just shutting down an app—this battle touches on issues of free speech, national security, data privacy, and the future of social media. And there’s one...

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The Daily Creator

Episode 41: Welcome to The Daily Creator, where we explore the intersection of creativity, business, and growth for creators. In this episode, Eric Farber—Founder and CEO of Creators Legal and a former intellectual property attorney—dives deep into a topic every creator needs to understand: intellectual property rights. Whether you’re a musician, filmmaker, writer, entrepreneur, or digital content creator, knowing how to protect your work is essential for safeguarding your career and your vision. As creators, we pour our hearts and souls into what we make, but the reality is...

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The Daily Creator

In this special episode of The Daily Creator, Eric Farber takes a deep dive into the high-stakes legal battle that could change the social media landscape forever. TikTok, a platform with over 170 million U.S. users, faces a looming shutdown as the Supreme Court deliberates on a law requiring its Chinese parent company, ByteDance, to sell the app by January 19th—or face a nationwide ban. With oral arguments concluded and the deadline approaching, this episode unpacks the complexities of the case. From national security concerns surrounding data collection and content manipulation to the free...

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More Episodes

The Reps and Warranties is all about making and standing behind your promises. Any contract contains promises that you have the right to perform the obligations in the contract. If you say you have the right to sell a song, then the Reps and Warranties clause is what keeps you honest. If you say you will work endorse a product in a brand deal, it’s the Reps and Warranties clause that ensures you have the right to do that.  If you want better deals, get to know the clauses and their importance of them.  

Today's episode, we provide tips and guidance to understand representation clauses, including the importance of clarity, accuracy, and comprehensiveness. We also highlighted common pitfalls to avoid and provided examples of these clauses. If you're interested in learning more, check out our video on the subject. It offers valuable insights and expert advice on this crucial component of contract drafting. 

About the Show: The Daily Creator where we help you navigate the creator economy with in-depth interviews and news you can use to be a better creator, monetize your content, and grow your business. The following is one of our podcast shorts, please also tune in for our long-form episodes where we talk with some of the most interesting people in the Creator Economy. 

About the Host: Eric Farber is the Founder and CEO of Creators' Legal, the world's first DIY Platform for Content Creators. He is a former entertainment attorney representing the Tupac Shakur Estate for over 18 years and hundreds of filmmakers, musicians, writers, producers, and a few hundred pro athletes. He is the bestselling author of "The Case for Culture" about growing your business through culture. 

 

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