loader from loading.io

Episode 047: Sirius Contracts: The Importance Of Specificity and Thinking Ahead

Unspoken Terms

Release Date: 10/15/2020

Episode 063: Elevating Your Visual Brand with Bonnie Bakhtiari show art Episode 063: Elevating Your Visual Brand with Bonnie Bakhtiari

Unspoken Terms

Today’s episode is a gem-filled interview with Bonnie Bakhtiari of B is for Bonnie Design. Casey and Bonnie chat about everything from brand strategy to the common mistakes that Bonnie sees her clients make at the beginning of their business journeys.   Bonnie shares some of the roadblocks she has encountered, like imposter syndrome and the belief that success is in the hustle. She also shares some of the legal mishaps she’s had along the way and how not to miss out on your life while you're trying to build your business.   Whether you’re building a brand or maintaining one,...

info_outline
Episode 062: Successful Pivots & Podcasts with Ahyiana Angel show art Episode 062: Successful Pivots & Podcasts with Ahyiana Angel

Unspoken Terms

If you have a podcast or are interested in starting one, today’s episode is for you! Casey chats with Ahyiana Angel about all things podcasting and entrepreneurship. There are so many gems for business owners and anyone looking to transition from where there are to something that is fulfilling and in line with their purpose and passion.   Ahyiana shares cautionary anecdotes and lessons learned over the years. You don’t want to miss this conversation!   Subscribe | | |   Meet our Guest Ahyiana Angel is the Founder of Mayzie Media, a podcast production company, and host of...

info_outline
Episode 061: Chance the Rapper Sued: A Handshake Deal Case Study show art Episode 061: Chance the Rapper Sued: A Handshake Deal Case Study

Unspoken Terms

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that by sharing the stories of successful entrepreneurs and influencers to help you learn from their mistakes....

info_outline
Episode 060: Keeping Your Soul Enriched in Business with Genecia Alluora show art Episode 060: Keeping Your Soul Enriched in Business with Genecia Alluora

Unspoken Terms

Today’s episode is an enlightening conversation between Casey and Genecia Alluora! They talk about everything from humble beginnings to building international teams and managing it all while living the life you want.    They talk about the many transitions that Genecia has had along her entrepreneurial journey and all of the lessons she’s learned. As usual, they chat about the legal mishaps that Genecia has run into, to top off a very inspirational and empowering episode. You don’t want to miss this case study in knowing what you want any going after it, full force!  ...

info_outline
Episode 059: What You Need to Know Before Choosing a Lawyer show art Episode 059: What You Need to Know Before Choosing a Lawyer

Unspoken Terms

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that by sharing the stories of successful entrepreneurs and influencers to help you learn from their mistakes....

info_outline
Episode 058: This is Spinal Tap v. UMG Copyright Dispute - Understanding Copyright Termination Rights show art Episode 058: This is Spinal Tap v. UMG Copyright Dispute - Understanding Copyright Termination Rights

Unspoken Terms

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that through sharing the stories of successful entrepreneurs and influencers to help you learn from their...

info_outline
Episode 057: Building Business Legacy with Tiwa Works show art Episode 057: Building Business Legacy with Tiwa Works

Unspoken Terms

Today, Casey chats with serial entrepreneur and founder of the Atlanta Greek Picnic, Tiwa Works. They talk about everything from entrepreneurship and event planning, to real estate, investments, and government contracts, and the importance of networking in all of those spaces.   Listen in for how Tiwa has built several sustainable businesses since he was 16 years old and how he has been a successful serial entrepreneur. Tiwa shares how he has leveraged the opportunities that just came to him to propel himself to success. He also shares some of the biggest business lessons he’s learned...

info_outline
Episode 056: Jordan Gill on Scaling with VIP Days show art Episode 056: Jordan Gill on Scaling with VIP Days

Unspoken Terms

Today, Casey recaps an Instagram live that she did with Jordan Gill in November of 2020. Jordan shared some great insights into the power of VIP Days in service based business and how they can help to scale a business.    Jordan and Casey get into the ins and outs of this business model, scaling your business, and the legal side of this type of service. So, if you have been thinking about implementing this type of offering, you don’t want to miss this episode!   Subscribe   | | |   Meet our Guest   Jordan Gill, operations consultant and founder of Systems...

info_outline
Episode 055: The 12 Days of Christmas with Contract Casey show art Episode 055: The 12 Days of Christmas with Contract Casey

Unspoken Terms

Today’s episode highlights the 12 Days of Contracts series that Casey is doing on social media. She shares insights into the basic elements that every contract needs and defines some of the common terms in contracts.   Subscribe   | | |   Show Notes   [1:10] – Casey gives an overview her 12 Days of Contract Terms series.      [3:30] – Casey talks about what a contract is.   [5:00] – Casey gives some of the elements that need to be present to constitute a legally binding contract.   [9:43] – Casey explains breaches of contracts....

info_outline
Episode 054: Honest Abe and the importance of written contracts - An NDA case study show art Episode 054: Honest Abe and the importance of written contracts - An NDA case study

Unspoken Terms

Casey is an entertainment and digital media law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their businesses and brands, specifically as it relates to contracts. She prides herself on helping creatives negotiate fair deals with Fortune 500 companies and leading entertainment brands, all while helping them build legally sound businesses that are built for generational wealth and impact. Here on the podcast, she normally does that through sharing the stories of successful entrepreneurs and influencers to help you learn from their...

info_outline
 
More Episodes

About Our Host

 

Casey Handy-Smith is a contract law attorney who helps influencers and creative entrepreneurs who struggle with navigating the legal side of their online businesses and brands. Over the past 6 years, Casey has helped creatives negotiate fair deals while protecting and leveraging their creative assets with ironclad contracts. Beyond her work with 1-on-1 with clients, Casey also provides DIY contract templates for entrepreneurs needing instant clarity and confidence to legally protect their businesses.

 

Subscribe

 

Website | Apple | Stitcher | Spotify

 

4 Key Takeaways

 

1. Publicity Rights can be tricky, which is why it is important to consider all possibilities when drafting and negotiating the contract at the beginning of the working relationship. Thinking about all eventualities and putting provisions and terms into the contract at the start can help you avoid situations like this in the long run.

 

2. Know your rights! I say this all the time, but you have to know the rights you hold when in various situations. In this case, it’s good to know that the law can be loose surrounding publicity rights, so that is why writing the terms into the contract is key.

 

3. Know your role! Are you an employee subject to a work for hire or a contractor that needs to negotiate a usage clause? 

 

4. Remember that to make this claim, many states require that you have already commercially exploited your identity to make this claim. So, again, make sure you have a good contract and you keep the receipts!

 

Related Articles

 

https://www.hollywoodreporter.com/news/howard-stern-shows-stuttering-john-sues-siriusxm

 

Show Notes

 

[2:55] – Background of the Situation

 

  • John Melendez, longtime Howard Stern Show personality “Stuttering John" is suing SiriusXM Radio for using his archived hot-button interviews with the likes of the Dalai Lama, Ringo Starr, and Mike Tyson without compensation and in violation of his publicity rights.

 

[6:00] – Understanding Publicity Rights

 

  • The right of publicity is generally defined as an individual's right to control and profit from the commercial use of his/her name, likeness, and persona. The purpose of this law is to protect the individual from the loss of commercial value resulting from the unauthorized appropriation of their identity for commercial purposes. 

 

  • It’s important to know that there is no uniform federal law for the right of publicity despite increasing demands for such a law. 

 

[9:34] – Specifics of this case

 

  • According to the complaint, Sirius acquired a license to not only current episodes of the show but also to air full or partial episodes from the archives. Melendez argues that it’s disregarding his right of publicity by using his identity, likeness, name, image, and voice for its commercial advantage. 

 

  • Disputes like this are relatively common in the sports world, and typically haven’t ended in favor of the talent. The NFL in 2014 beat a suit from ex-players over the use of their likenesses in video footage, in part because the court found "brand enhancement alone is not sufficient to render a production advertising as a matter of law" and ruled the projects were protected by the First Amendment. 

 

  • These disputes may serve as a roadmap and it’s likely Melendez’s case could turn on whether or not a New York federal judge considers any of Sirius’ use to be advertising.

 

[16:00] – Key Takeaways:

 

  • Publicity Rights can be tricky, which is why it is important to consider all possibilities when drafting and negotiating the contract at the beginning of the working relationship.

 

  • Know your rights!

 

  • Know your role! Are you an employee subject to a work for hire or a contractor that needs to negotiate a usage clause. 

 

  • Remember that to make this claim, many states require that you have already commercially exploited your identity to make this claim.

 

Resources

 

Independent Contractor Agreement

 

Subscribe

 

Website | Apple | Stitcher | Spotify