IP Fridays - your intellectual property podcast about trademarks, patents, designs and much more

Tatiana J. Whytelord talks about her new business model for IP attorneys. Ken talks about the legal implications of using the live streaming app Periscope as well as issues with unsolicited mass text messages.
 
IP FRIDAYS
 
Co-Presenters:
Rolf Claessen and Kenneth Suzan
 
Episode 30 – June 12, 2015
 
RC =   Rolf Claessen
KS =    Kenneth Suzan
TS = Tatiana J. Whytelord
 
Hi.  I am Tatiana J. Whytelord.  I am the President and Founder of Intelligent Brand Extension and an attorney and solicitor and you are listening to IP Fridays.
 
KS:      Hello and welcome to this episode of IP Fridays.  Our names are Ken Suzan and Rolf Claessen and this is THE podcast dedicated to Intellectual Property.  It does not matter where you are from, in-house or private practice, novice or expert, we will help you stay up-to-date with current topics in the fields of trademarks, patents, design and copyright, discover useful tools and much more.
 
RC:      Welcome to Episode 30.  Our shows have been downloaded over 20,700 times and last month we had 2,630 downloads.  That makes us very happy.  Thank you for listening and being loyal listeners to our show.
 
Today our special guest is Tatiana J. Whytelord and she tells us about a new business model for IP lawyers so stay tuned.  This is really cool, at least I thought that.  Before that, Ken is telling us about unsolicited mass text messages and the legal implications of Periscope.  So Ken, why don’t we start with Periscope?
 
KS:      Rolf, Social Media is an agent for change.  People, companies, and brands have found ways to incorporate social media into almost every aspect of life.  Popular Apps such as Twitter, Facebook, Instagram, and Snapchat allow users to easily share pictures and videos of their lives.  The new Twitter-based App, Periscope, now allows users to stream live video for the world to see – this is relatively new ground for the social media space.
 
Since Periscope is one of the newly launched live video streaming services, the company is bound to run into some legal troubles.  Legal issues stemming from live streaming Apps can range from copyright infringement to invasions of privacy.
 
Like many people, celebrities enjoy their privacy.  Live streaming a celebrity can potentially open up doors for the celebrity to sue whoever is filming them without consent.  Using a live video stream, with advertising present and a celebrity can also land you in trouble.  A-list actress Katherine Heigl had a $6 million dollar law suit with Walgreens because they tweeted a picture of her without her consent.  Given that this proceeding focused on a photograph, imagine the issues connected with a live video broadcast worldwide.
 
The popular hit TV show, Game of Thrones, recently had its season premier.  During that performance, there were allegedly Periscope users who were re-broadcasting the show via their Periscope feeds putting copyright rights to a test.  Periscope claims that they will shut down every account that attempts to illegally stream.  More specific regulations and laws will likely be in the works to keep this App running smoothly without copyright troubles.
 
Periscope was again in the spotlight during the widely aired fight between Pacquiao and Mayweather.  Periscope received some negative attention due to fans that were at the fight streaming it live via the App.  People pay considerable money to watch these fights, either in person, or on demand.
 
Periscope states that they are not responsible for content that is posted, and it is all under the discretion of the user.  Periscope’s Terms of Service notes “we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy,