Net Neutrality, Business Entities, and The Problem of Overprotection of IP

What is net neutrality? Net neutrality according to ocf.berkeley.edu it “is a network design paradigm that argues for broadband network providers to be completely detached from what information is sent over their networks.” This has been a very hot topic lately. As talked about in the podcast with Suffolk University it’s all about the information being pushed through those broadband networks. Net neutrality according to FCC chairman “it’s regulating the on ramp to the Internet”. Should the FCC reconsider its current plans? Is this constitutional? According to Professor Daniel Lyons, Boston College Law School there are pro’s and con’s to both sides. This is an oncoming debate, even since this podcast back in 2011, as according to a post in Forbes.com. The two sides are extreme opposites. 

Sole proprietor, partnership, LLC, and corporation, with so many options to business entities where do you start? According to ARC Law Group discusses this in their podcast. The first place to start is asking yourself how much are you investing into your business, and asset liability protection. There are also a lot of tax issues. The first thing you should do it talk to an attorney and an accountant. An attorney can direct you into the right entity for your business. The next step would be talking to an accountant regarding taxation for your business. Another thing to consider is business insurance. Even if you started a sole proprietorship, and your business is growing; it’s not too late to change your business entity. There are tons of tips that ARC Law Group shares in their podcast.

Can you have too much of a good thing? According to Professor Andrew Beckerman-Rodau in his podcast from Suffolk University you can have too much intellectual property. When there’s an overlap of protect it can be harmful. Independently the protection can be beneficial; however, when overlapped with other protection it can become conflicting. According to Prof. Beckerman-Radau this over protection is throwing off the balance of the protection.

When in doubt it is always wise to seek an attorney’s advice. Don’t always assume too much of a good thing is good. It’ best to do as much research as possible, and seek out professional advise, whether it’s legal or accounting. This can apply to new and existing businesses. 

Don't steal it!

As students, amateur videographers, new filmmakers, etc. it’s easy to fall into the trap of using someone else’s copyrighted material without permission. There’s video, photos, and music that work perfectly with your portfolio or project, but you can't just steal them. Unfortunately it’s easy to utilize someone else works, and plagiarize them. Even celebrities have fallen into that trap. Shia LaBeouf, known for Transformers, Disturbia, Eagle Eye, has recently plagiarized work from one of Daniel Clowes’ comics. Not only did LaBeouf originally plagiarize Clowes, but also the multiple apologies were also plagiarized.  According to theguardian.com LaBeouf went as far a hiring a skywriter to blowing up social media. LaBeouf has also used a Texas politicians words (quote) from a debate, and Kanye West’s apology to Taylor Swift as apologies towards Clowes. It’s quite outrageous how far this has gotten out of control. I’m not sure what exactly LaBeouf is trying to accomplish, but he’s definitely spiraling out of control. According to theguardian.com article he’s “the most messed-up former Disney star”. I’m not sure if these young Disney stars have something to prove by demolishing any ties with their former Disney days, or what? (That’s a whole other discussion.) I definitely think that LaBeouf is only getting himself into further legal troubles by consistently plagiarizing, even if it is only copy and pasting a twitter feed. (That’s why there’s a retweet button, right?) It would be wise for LaBeouf to filter things through his manager, before going out and saying things on his own.

On the other end of the spectrum are Bradley Cooper and Liam Neeson. They are suing Vutec Corporations. According to eonline.com a lawsuit has been filed towards these home theater companies because they are using Cooper and Neeson’s photos without their permission. There are tons of celebrity endorsements; sometimes the celebrity doesn’t even receive monetary payment, but they get product payment. According to business.time.com an article by Brad Tuttle “There’s no mystery as to why companies give away swag during the Oscars to people in the movie business. The possibility that a celebrity will Tweet about the product or perhaps be photographed with it more than offsets the cost of giving goods away.” This almost seems like a no brainer for a company to get permission before violating privacy rights. At the very least they may just have to come off some of their products. I’m not an accountant, but I’m sure there’s some type of tax break for giving away freebies. When in doubt it would always be wise to contact the manager/agent of a celebrity before using them for endorsements.

Just a few days ago according to thewrap.com Fullscreen settled their lawsuit for copyright infringement with the NMPA (National Music Publishers’ Association). An article from tubefilter.com also stated that the deal requires that the music videos will have to either be removed or licensed. I have to agree with the NMPA on this one, it is their responsibility on behalf of their songwriters and publishers to take on legal issues like this. It’s not fair for artists to be ripped off. It’s their art, work, livelihood, and they should be properly compensated as well as given the credit for it.

I’m glad that there are Associations, Guilds, and Unions that are there to protect the artists and workers. Most of these organization have representatives, legal advisers, agents, etc. that are in place to help the member.

A good rule of thumb, when in doubt, seek out legal advice.