Welcome to the Streaming Lawyer!

 

Mitch Jackson aka The Streaming Lawyer

When he’s not trying cases, Mitch Jackson enjoys combining law, technology and social media to help professionals, business owners and entrepreneurs use social media and live streaming to disrupt, hack and improve their practices and businesses. To put the information found at this blog into proper context, Mitch is a successful businessman who started his own law firm 30 years ago. He walks his talk when it comes to engaging on the digital platforms and is “all in” when it comes to mobile livestreaming.

In 2013 Mitch was recognized by his peers as one of California’s Lawyers of the Year (CLAY Award) and a 2009 Orange County Trial Lawyer of the Year. His law firm website is JacksonandWilson.com (aka MyLawyerRocks.com) and most of his social media links can be found here. Outside the courtroom, Mitch enjoys interacting with and partnering with people from around the world who are disrupting industries and influencing change. You can join the conversation at TheShow.Live!

What Rights Do Musicians Have When Politicians Use Their Music Without Permission?

 

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Music has the unique ability to energize, inspire and motivate a crowded convention hall and campaign. Political candidates know this. They also know that music is protected by copyright laws. Many politicians simply don’t care.

Just last night, the estate of George Harrison tweeted out, “The unauthorized use of #HereComestheSun at the #RNCinCLE is offensive & against the wishes of the George Harrison estate.”

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The day before the Republican National Convention started, the band Queen protested Trumps “unauthorized use” of “We Are the Champions.”

The Rolling Stones, Aerosmith, R.E.M. and Neil Young have also demanded that Trump stop playing their music at his rallies. In response, Trump blasted out “You Can’t Always Get What you Want” by the Rolling Stones after his speech Thursday night.

Regardless of your political persuasion, favorite band or song, what’s the deal? Do political campaigns have the right to play songs without the permission of the artist?

My short answer is probably not.

Music is copyrighted, and a proper license is normally required to play a band’s music. If you don’t have permission from the artist or management company, then you may be in volation of  An exception might include a politician playing a song from the convention hall’s catalog of licensed music.

Another little know fact is that if a stadium, arena or venue has a public-performance license through ASCAP or BMI (songwriters’ associations), it might be legally OK.

In addition to copyright issues, there’s also a valuable “right of publicity” that an artist may be able to protect. Under this theory, Mick Jagger, of the Rolling Stones may argue his voice being broadcasted at a political convention is part of his image, and only he has the right to benefit from that image. It’s an area of law that is untested by it appears to me artists would be on strong legal grounds should they decide to hold offending political candidates liable.

Other legal arguments bands may assert regardless if the political campaign has acquired a license include violation of the “Lanham Act” (confusion or dilution of a trademark through unauthorized use) and “False Endorsement” (implies that the artist supports a product or candidate).

In my opinion, the best way for political campaigns to acquire the rights to use a particular song or list of songs at a convention is to obtain written permission from the artist or management company via a limited license. This avoids all of the above problems and prevents misunderstands with the community’s perception as to which artist or band supports a particular candidate. It’s also just the right thing to do.

Related

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Can You Play Copyrighted Music During Your Live Streams, LEGALLY?

Meet The Co-Founders of Huzza.io

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Justin Womersley and Nick Smit are the co-founders of Huzza.io, one of the hottest new live streaming, live video and social video platforms on the Internet.

During today’s TheShow.live, my co-host, Jennifer Hoverstad and I had the pleasure of chatting with these two amazing entrepreneurial millennials about many of the exciting plans they have with the new Huzzia.io platform.

TheShow.live is now hosted on Huzza.io and you can follow all of our past and upcoming shows by clicking here.

You can learn more about the Huzza.io platform by clicking here. Please also feel free to reach out to me with any questions!

Mitch

Contract Law for Social Media Companies

streaminglawyer contact law

All week long I’ll be sharing contract law tips (offer, acceptance and consideration) via live video, to help social media companies and influencers. Check for show times, platforms (Periscope, Facebook Live, Huzza and more) and updates here and on Twitter (@MitchJackson)

July 5 (Tuesday) 1 pm ET:  Facebook Live and Periscope (“Offers and Counter Offers”)

July 6 (Wednesday) 2 pm ET:  Facebook Live and Periscope (“Acceptance”)

July 7 (Thursday) 2 pm ET:  Facebook Live and Periscope (“Consideration”)

Next Week: “Proven Negotiation Tips To Help You Close Deals” (until then you may enjoy my Slideshare “A Trial Lawyer’s Negotiation Secrets” (32k views!)

In Two Weeks: “5 Contracts Clauses Every Social Media Company Should Use in Their Contracts”

 

Dr. Michelle Drouin Chats Chats With Mitch About Distracted Driving, Cyber-Bullying and More

 

mitch jackson distracted driving

I’m honored to have been interviewed by Dr. Michelle Drouin and have the chance to help educate and raise awareness about the dangers of distracted driving, cyber-bullying, revenge porn and sextortion. Michelle is a developmental psychologist (B.A. Cornell University, D.Phil. University of Oxford), professor, and internationally-recognized speaker on technology and relationships, including online relationships, social media, and sexting. She’s one very impressive human being and our community is extremely fortunate to have her “all in” when it comes to the StopDD.Today message. Please click here to listen and share our interview (podcast) with your audience.

Related Posts

How to Deal with Cyber-Bullies

How to Deal with Internet Trolls

How to Deal with Habitual Distracted Drivers

California’s Revenge Porn Law Explained

9 Legal and Entrepreneurial Tips To Help You Start and Build Your Online Business

jon mitchell jackson 400While facts tell and stories sell, a dominating digital footprint will help you build a dynasty!” -Jon Mitchell “Mitch” Jackson

If you’re going to take your offline business online or, start a new business on the digital platforms, there are 9 things I think you need to know, understand and do. My recommendations are based on 30 years of practicing law and helping clients start hundreds of new companies. They are also based upon my own experiences relating to our firm’s online presence since 1996.

Before we get started, please remember that although I am a lawyer, I’m not your lawyer. This is not legal advice. Also, the laws in each state are different so please contact an experienced attorney in your state to discuss your questions, legal needs and options.


DO BUSINESS AS A CORPORATION OR LLC

The unfortunate question in today’s business world isn’t if you’ll be sued, it’s when. According to recent statistics, the average small business owner will be sued at least 3 times during his or her business lifetime. Knowing this, I encourage you to please be smart, plan ahead, and take steps to protect yourself and your business before something bad happens.

Corporations and Limited Liability Companies (LLC) allow you to put a protective shield between your customer, business, and your personal life. If you correctly set up, run and manage your company (and that’s a big if), your personal assets will be protected if a claim or lawsuit is ever brought against your business.

Most people don’t set up their corporations and LLCs correctly. Those who do often times drop the ball down the line when it comes to managing the entity. Their are numerous filing, registration, legal, tax and insurance requirements that all must be setup and managed correctly over the long-term. The point of this article is to make you aware of these requirements. An experienced professional in your city and state can hold your hand and make sure you do everything correctly.

Click here for more information about corporations and LLCs.

One more thing. In my opinion you should never do business as a sole proprietor or general partnership. For the above reasons (and many more), there’s just too much liability attached to doing so. Doing business as a sole proprietor is by far the biggest mistake I see people make when doing business online. Instead, form a corporation or LLC and do business as a legal business entity. Continue reading “9 Legal and Entrepreneurial Tips To Help You Start and Build Your Online Business”

No court on Saturday morning so I had a chance to fly my Phantom 3 over the ocean at Strands Beach in Southern California (make sure to watch in HD!)

I’ll be posting more of my flight videos on the various platforms. Most links will be shared on Twitter so make sure to connect with me there:-)