In The News

Law firm seeks help for our neighbors

Posted in Gallatin News

The responsibilities we all share as Americans and as good citizens within our respective communities are important.

As we approach the upcoming holiday season, we, as a law firm, are reminded of how fortunate we are to live and work in this great county. However, despite our county's excellent reputation as one of the state's foremost marketplaces, its wealth, and its acclaimed growth, we still have those within our community who are in need.

We have many who are out of work, who have families to feed, or who may be elderly and simply do not have the resources to adequately provide food for themselves or their families.

We believe we have a responsibility to help our neighbors, who perhaps have not been as fortunate as we. To answer these calls for help within our community our law firm is initiating a campaign to facilitate the replenishing of local food bank shelves.

In the coming weeks our law firm plans to make an all-out effort through a special awareness campaign to encourage our citizenry to join with us in making contributions of cans of food and other nonperishable items to area churches and charities.

We want to ask you to help us with this very special project. This effort is about serving our community and coming to the aid of our neighbors.

We are also reminded at this time of year of how fortunate we are to be citizens of this great country. In just a few days we each will have the opportunity to perform one of our civic duties when we are asked to go to the polls and vote on Tuesday, Nov. 6.

We each plan to vote as do the other attorneys in our office and members of our staff. If you haven't already voted, we encourage you to do so. To vote is one of the most sacred privileges afforded by our great democracy. And it's the right thing to do.

Please join us in serving our community and helping our neighbors by donating cans of food to local churches and charities. To us it's much like voting. It's the right thing to do.

This guest column was submitted by Susan R. High-McAuley, William (Bill) Wright, Marshall (Marty) Cook, George J. Phillips, Johnny Garrett, and Charles Bone of the law firm Bone McAllester Norton, Hendersonville.

Law firm seeks help for our neighbors

Posted in Gallatin News
The responsibilities we all share as Americans and as good citizens within our respective communities are important.

As we approach the upcoming holiday season, we, as a law firm, are reminded of how fortunate we are to live and work in this great county. However, despite our county's excellent reputation as one of the state's foremost marketplaces, its wealth, and its acclaimed growth, we still have those within our community who are in need.

We have many who are out of work, who have families to feed, or who may be elderly and simply do not have the resources to adequately provide food for themselves or their families.

We believe we have a responsibility to help our neighbors, who perhaps have not been as fortunate as we. To answer these calls for help within our community our law firm is initiating a campaign to facilitate the replenishing of local food bank shelves.

In the coming weeks our law firm plans to make an all-out effort through a special awareness campaign to encourage our citizenry to join with us in making contributions of cans of food and other nonperishable items to area churches and charities.

We want to ask you to help us with this very special project. This effort is about serving our community and coming to the aid of our neighbors.

We are also reminded at this time of year of how fortunate we are to be citizens of this great country. In just a few days we each will have the opportunity to perform one of our civic duties when we are asked to go to the polls and vote on Tuesday, Nov. 6.

We each plan to vote as do the other attorneys in our office and members of our staff. If you haven't already voted, we encourage you to do so. To vote is one of the most sacred privileges afforded by our great democracy. And it's the right thing to do.

Please join us in serving our community and helping our neighbors by donating cans of food to local churches and charities. To us it's much like voting. It's the right thing to do.

This guest column was submitted by Susan R. High-McAuley, William (Bill) Wright, Marshall (Marty) Cook, George J. Phillips, Johnny Garrett, and Charles Bone of the law firm Bone McAllester Norton, Hendersonville.

Celebrating Two Years of WaterCooler: Young Entrepreneurs Networking in Nashville


Two years ago, I was talking with my friend Wade Munday about how I wanted to start a fun, informal, monthly event for young entrepreneurs in Nashville to meet each other.  The goal was to provide networking opportunities and to learn about interesting topics or hear from speakers within our own age range (20s through 40s).  He helped me come up with the name WaterCooler, which sounded a lot better than CornerOffice and other names that we considered.  Then he moved to Boston for a year before coming home and getting married.
My friend Renata Soto, who runs Conexión Americas, graciously agreed to co-chair and co-host these events with me.  Our first speaker was Kimberly Pace of Owen Management School at Vanderbilt University, who talked about personal brands:  how each of us creates a personal brand with every action or inaction that we take.  We hosted the first one at Cantina Laredo, which had awesome guacamole and margaritas, but didn’t have the best acoustics.  We later moved to 1808 Grille at The Hutton Hotel, which provided a rock star environment, but was too small for our growing crowds.  Then we moved to Miro District.  We decided it was time to take the show on the road.
During that time, we hosted some amazing speakers, ranging from Becca Stevens, who talked about her work with former prostitutes at Magdalene and Thistle Farms, to Clint Smith of Emma, Laura Creekmore, who gave an overview of social media (which now seems like it was eons ago), and Alan Young of Armor Concepts, whose products I see on billboards all around the city.
Our first field trip was to Yazoo Tap Room, where Linus Hall and Neil McCormick gave everyone a tour of their brewery and free tastes of Yazoo.  That event turned out to be our most popular yet, and it showed us that WaterCooler was good not only for participants (who, in that case, reaped free beer) but also for the hosts whose businesses we showcased, because it gave them an opportunity to connect with their audience and further build brand loyalty.  I know, for myself, that I buy a lot more Yazoo beer now than I did before, because I heard Linus’ story and know how fresh it is, in addition to merely wishing to support the local economy.
From there, we realized that our niche was really in focusing on locally-owned businesses and entrepreneurs, and not just hearing from a variety of speakers in our age range.  We went to Oliver & Sinclair Chocolate Factory, which was so jam packed that we had to turn people away at the doors for fear of overcrowding/fire marshals.  We also visited Corsair Distillery and heard from Darek Bell and his partner.  More recently, we toured CentreSource, then walked down the street to City House for drinks.
Our hope in doing this, in hosting and starting WaterCooler, was to build connections, for ourselves, and with each other.  We want folks to come whenever they’re inspired by the topic or have an interest in the location or the host or the product.  But we didn’t want to do anything that required people to sign up for one more commitment.  Everyone has enough of those already.  Because of that, we don’t have an official membership, and we don’t ask people to pay dues.  
We know that we are achieving our goal, because we have made connections with you resulting in new clients for our businesses/practices, new donors for our non-profits, new jobs, and more generally new friends.  And we know that you have done the same.  Emma has gotten new clients because one person who attended was impressed with Clint Smith's story.  And at least one person has gotten a new job because of a relationship she made while trying to attend our event at Olive & Sinclair.  These are the sorts of things we want to happen with WaterCooler.  If you have more examples of good connections that you’ve made, or if you have interesting locally-owned businesses based in Nashville that you want to highlight, please let us know.  These are the stories that we want to help you tell.

Celebrating Two Years of WaterCooler: Young Entrepreneurs Networking in Nashville


Two years ago, I was talking with my friend Wade Munday about how I wanted to start a fun, informal, monthly event for young entrepreneurs in Nashville to meet each other.  The goal was to provide networking opportunities and to learn about interesting topics or hear from speakers within our own age range (20s through 40s).  He helped me come up with the name WaterCooler, which sounded a lot better than CornerOffice and other names that we considered.  Then he moved to Boston for a year before coming home and getting married.

My friend Renata Soto, who runs Conexión Americas, graciously agreed to co-chair and co-host these events with me.  Our first speaker was Kimberly Pace of Owen Management School at Vanderbilt University, who talked about personal brands:  how each of us creates a personal brand with every action or inaction that we take.  We hosted the first one at Cantina Laredo, which had awesome guacamole and margaritas, but didn’t have the best acoustics.  We later moved to 1808 Grille at The Hutton Hotel, which provided a rock star environment, but was too small for our growing crowds.  Then we moved to Miro District.  We decided it was time to take the show on the road.

During that time, we hosted some amazing speakers, ranging from Becca Stevens, who talked about her work with former prostitutes at Magdalene and Thistle Farms, to Clint Smith of Emma, Laura Creekmore, who gave an overview of social media (which now seems like it was eons ago), and Alan Young of Armor Concepts, whose products I see on billboards all around the city.

Our first field trip was to Yazoo Tap Room, where Linus Hall and Neil McCormick gave everyone a tour of their brewery and free tastes of Yazoo.  That event turned out to be our most popular yet, and it showed us that WaterCooler was good not only for participants (who, in that case, reaped free beer) but also for the hosts whose businesses we showcased, because it gave them an opportunity to connect with their audience and further build brand loyalty.  I know, for myself, that I buy a lot more Yazoo beer now than I did before, because I heard Linus’ story and know how fresh it is, in addition to merely wishing to support the local economy.

From there, we realized that our niche was really in focusing on locally-owned businesses and entrepreneurs, and not just hearing from a variety of speakers in our age range.  We went to Oliver & Sinclair Chocolate Factory, which was so jam packed that we had to turn people away at the doors for fear of overcrowding/fire marshals.  We also visited Corsair Distillery and heard from Darek Bell and his partner.  More recently, we toured CentreSource, then walked down the street to City House for drinks.

Our hope in doing this, in hosting and starting WaterCooler, was to build connections, for ourselves, and with each other.  We want folks to come whenever they’re inspired by the topic or have an interest in the location or the host or the product.  But we didn’t want to do anything that required people to sign up for one more commitment.  Everyone has enough of those already.  Because of that, we don’t have an official membership, and we don’t ask people to pay dues. 

We know that we are achieving our goal, because we have made connections with you resulting in new clients for our businesses/practices, new donors for our non-profits, new jobs, and more generally new friends.  And we know that you have done the same.  Emma has gotten new clients because one person who attended was impressed with Clint Smith's story.  And at least one person has gotten a new job because of a relationship she made while trying to attend our event at Olive & Sinclair.  These are the sorts of things we want to happen with WaterCooler.  If you have more examples of good connections that you’ve made, or if you have interesting locally-owned businesses based in Nashville that you want to highlight, please let us know.  These are the stories that we want to help you tell.

Using Technology to Tap into New Sources of Revenue: Highlights of Technology Panel at Bone McAllester Norton


Recently my law firm hosted a panel on technology.  It was a packed audience, and more guests showed up than rsvp’d, showing us that this was a topic that people really want to know more about.  Usually law firms invite clients and friends to hear about risks or changes in the law.  This event was all about business opportunity.
Since the beginning of 2011, I’ve given 1-2 speeches a month on the legal issues involved in using social media.  These talks typically have revolved around social media as a marketing tool, but not necessarily linked directly with creating new revenue.  At our tech panel, we wanted to focus instead on how companies and individuals can use technology to create new streams of revenue.  How can they tap into new revenue sources by creating their own apps, games and contests?  And what is on the horizon that none of us has even contemplated?
We invited an expert panel, comprised of David Owens of Vanderbilt University Owen Graduate School of Management, Nicholas Holland, CEO and Founder of CentreSource, and two of our clients, Parker Polidor, CEO and Co-Founder of Cell Journalist and Carter Hopkins, CEO and Co-Founder of City Streak, LLC.  Our audience was made up of leaders of financial institutions, educational institutions, technology companies, start-ups, developers, and venture capital firms.  We asked our panel and our audience to focus on three things:  (1) using technology to create new revenue streams, (2) tapping into the growing technology sector here in Nashville, rather than shipping assignments out of state to Silicon Valley or Texas, and (3) using our panelists’ stories as inspiration.
David Owens kicked off the discussion by talking about how companies that develop technology these days are recruiting high school students and high school graduates rather than college graduates, because young people are so connected with technology these days.  He talked about how younger people are physically developing stronger hands, fingers and forearms as a result of constantly using Smartphones, and how marketing firms are beginning to place signs and advertisements at foot level and knee level in stores, rather than overhead, because our bodies are getting used to looking down at a hand-held device all day, rather than looking up.  These are just some of the physiological and physical changes that are taking place from an evolutionary perspective, based on our recent adoption of certain technological devices.
Nick Holland did a great job providing an overview of how businesses can tap into technology from a variety of perspectives and in order to accomplish multiple goals.  His company is one of the fastest growing technology companies in America, and its based right here in Nashville.  Already as a result of our panel, members of the audience have hired CentreSource to help them with their needs.  This is great for them, for CentreSource, and for Nashville.
Parker Polidor shared his company’s amazing story, which deserves far greater recognition in Nashville than it currently has.  Cell Journalist is one of the biggest connectors and providers of user-generated content (UGC), such as videos of the floods captured from the Northeast over the past few weeks on individuals’ cell phones, which they then upload to various local and national news stations across the country.  As a direct result of the panel that we hosted, Cell Journalist was approached by one of the nation’s largest media conglomerates and is in the process of negotiating additional work.
Finally, Carter Hopkins, who was the youngest person in the room, and had just graduated from college at SMU in May 2010, captivated the audience by telling his story of how he and his business partner invested just over $10,000 to start this company, which already has thousands of fans and followers on Twitter and Facebook.  His company is similar to a combination of The Amazing Race and Groupon, which lets its target audience of individuals in college and recent graduates go on scavenger hunts in urban locations around the country.  They hunt for prizes and the game is based on speed and skill.  They also realize that they are in a unique position to help companies promote their products and services by incorporating them into the scavenger hunt as clues.  One of my takeaways from the morning was a conversation after the event with one of the older attendees, who said how inspired she was by Carter’s presentation.  She said it got her wheels spinning and that she is already thinking about new ways she can incorporate similar concepts into her own app.

Using Technology to Tap into New Sources of Revenue: Highlights of Technology Panel at Bone McAllester Norton


Recently my law firm hosted a panel on technology.  It was a packed audience, and more guests showed up than rsvp’d, showing us that this was a topic that people really want to know more about.  Usually law firms invite clients and friends to hear about risks or changes in the law.  This event was all about business opportunity.

Since the beginning of 2011, I’ve given 1-2 speeches a month on the legal issues involved in using social media.  These talks typically have revolved around social media as a marketing tool, but not necessarily linked directly with creating new revenue.  At our tech panel, we wanted to focus instead on how companies and individuals can use technology to create new streams of revenue.  How can they tap into new revenue sources by creating their own apps, games and contests?  And what is on the horizon that none of us has even contemplated?

We invited an expert panel, comprised of David Owens of Vanderbilt University Owen Graduate School of Management, Nicholas Holland, CEO and Founder of CentreSource, and two of our clients, Parker Polidor, CEO and Co-Founder of Cell Journalist and Carter Hopkins, CEO and Co-Founder of City Streak, LLC.  Our audience was made up of leaders of financial institutions, educational institutions, technology companies, start-ups, developers, and venture capital firms.  We asked our panel and our audience to focus on three things:  (1) using technology to create new revenue streams, (2) tapping into the growing technology sector here in Nashville, rather than shipping assignments out of state to Silicon Valley or Texas, and (3) using our panelists’ stories as inspiration.

David Owens kicked off the discussion by talking about how companies that develop technology these days are recruiting high school students and high school graduates rather than college graduates, because young people are so connected with technology these days.  He talked about how younger people are physically developing stronger hands, fingers and forearms as a result of constantly using Smartphones, and how marketing firms are beginning to place signs and advertisements at foot level and knee level in stores, rather than overhead, because our bodies are getting used to looking down at a hand-held device all day, rather than looking up.  These are just some of the physiological and physical changes that are taking place from an evolutionary perspective, based on our recent adoption of certain technological devices.

Nick Holland did a great job providing an overview of how businesses can tap into technology from a variety of perspectives and in order to accomplish multiple goals.  His company is one of the fastest growing technology companies in America, and its based right here in Nashville.  Already as a result of our panel, members of the audience have hired CentreSource to help them with their needs.  This is great for them, for CentreSource, and for Nashville.

Parker Polidor shared his company’s amazing story, which deserves far greater recognition in Nashville than it currently has.  Cell Journalist is one of the biggest connectors and providers of user-generated content (UGC), such as videos of the floods captured from the Northeast over the past few weeks on individuals’ cell phones, which they then upload to various local and national news stations across the country.  As a direct result of the panel that we hosted, Cell Journalist was approached by one of the nation’s largest media conglomerates and is in the process of negotiating additional work.

Finally, Carter Hopkins, who was the youngest person in the room, and had just graduated from college at SMU in May 2010, captivated the audience by telling his story of how he and his business partner invested just over $10,000 to start this company, which already has thousands of fans and followers on Twitter and Facebook.  His company is similar to a combination of The Amazing Race and Groupon, which lets its target audience of individuals in college and recent graduates go on scavenger hunts in urban locations around the country.  They hunt for prizes and the game is based on speed and skill.  They also realize that they are in a unique position to help companies promote their products and services by incorporating them into the scavenger hunt as clues.  One of my takeaways from the morning was a conversation after the event with one of the older attendees, who said how inspired she was by Carter’s presentation.  She said it got her wheels spinning and that she is already thinking about new ways she can incorporate similar concepts into her own app.

Congress Should Take up Conyers' proposal to Clarify Copyright Law

Today's New York Times reports that Rep. Conyers is calling on Congress to revise the Copyright Act to clarify that recording artists are entitled to recapture ownership over their copyrights in sound recordings.  As the article explains, and as I referenced in my last blog post, questions exist whether transfers in copyrights in sound recordings (like other works) may be terminated, or whether they are "works made for hire," disqualifying them from being recaptured/terminated. 

The article indicates that the big four record labels and their allies in Congress may prefer to ignore the issue and let the courts decide it.  While such strategy would undoubtedly provide job security for us copyright litigators, it seems to make little sense for anyone else.  This is an issue that Congress can and should decide now, putting recording artists in the same camp as every other type of author, with all of the same rights. 

Congress Should Take up Conyers' proposal to Clarify Copyright Law

Today's New York Times reports that Rep. Conyers is calling on Congress to revise the Copyright Act to clarify that recording artists are entitled to recapture ownership over their copyrights in sound recordings.  As the article explains, and as I referenced in my last blog post, questions exist whether transfers in copyrights in sound recordings (like other works) may be terminated, or whether they are "works made for hire," disqualifying them from being recaptured/terminated. 

The article indicates that the big four record labels and their allies in Congress may prefer to ignore the issue and let the courts decide it.  While such strategy would undoubtedly provide job security for us copyright litigators, it seems to make little sense for anyone else.  This is an issue that Congress can and should decide now, putting recording artists in the same camp as every other type of author, with all of the same rights. 

Regaining Ownership over Copyrights

The Tennessean recently published my article on recapturing copyrights.  This is what I wrote: 
 
         
             If they’re not scrambling yet, Nashville songwriters, recording artists, publishing houses and labels soon will be as they jockey to control copyrights. Starting this year, authors can begin to give notice to terminate the transfer of any copyright that was published on or after January 1, 1978.   
            Generally, whoever owns the copyright owns the right to distribute, sell and reproduce the work in question, whether it be lyrics or music to a song, sound recordings, motion pictures, manuscripts, software, architectural designs, or photographs.  When an author transfers ownership, he or she loses those rights.  But by terminating the transfer, authors redirect royalty streams away from the current owners (labels, publishers, and so forth) and back to the original authors.
            A five year window opens up 35 years after publication, allowing authors to terminate transfers they made in the past.  For those works published in 1978, the first opportunity to terminate the transfer will be in 2013.  (For works published or registered prior to 1978, different rules apply, but authors can still recapture their copyrights.)  The Act requires authors to provide at least two years notice, so those who want to terminate their 1978 transfers in 2013 must send notice in 2011. 
            Historically, when working to get established, authors (be they poets, songwriters, filmmakers or sculptors) have had little leverage with their publisher or label.  In exchange for receiving financial advances and getting published, young authors often must transfer ownership of the copyright in the work to the publisher/label.  For example, Garth Brooks currently has a lot more negotiating power than newer artists because he has a track record of producing huge hits.  
            Recognizing the uneven bargaining power that authors possess when first trying to make it big, Congress leveled the playing field by giving them the ability to recapture the copyrights they transferred to the publisher/labels 35 years ago.  Whether an artist’s record contract says he has created a work made for hire, or whether she has signed a contract promising never to terminate the transfer, it doesn’t matter because the right to terminate transfer is irrevocable. 
            Congress left open many unanswered questions that courts across the country will have to answer.  With Nashville’s stature in the music and publishing industries, as well as our growing technology community, this has the potential to wreak as much havoc on business as the switch from vinyl to digital.  Given the impact of this law on our own community, I feel certain that Nashville’s federal courts will be in the center of this storm.
            The rules in this area are complicated, even to many lawyers.  They are highly technical and require jumping through many hoops.  Once the window to recapture closes, it generally closes for good.  Authors who are interested in recapturing their copyrights should start working on this right away, take this into account when writing their wills, and enlist professional help from a lawyer in this field. 

Regaining Ownership over Copyrights



The Tennessean recently published my article on recapturing copyrights.  This is what I wrote: 


         
             If they’re not scrambling yet, Nashville songwriters, recording artists, publishing houses and labels soon will be as they jockey to control copyrights.  Starting this year, authors can begin to give notice to terminate the transfer of any copyright that was published on or after January 1, 1978. 

            Generally, whoever owns the copyright owns the right to distribute, sell and reproduce the work in question, whether it be lyrics or music to a song, sound recordings, motion pictures, manuscripts, software, architectural designs, or photographs.  When an author transfers ownership, he or she loses those rights.  But by terminating the transfer, authors redirect royalty streams away from the current owners (labels, publishers, and so forth) and back to the original authors.

            A five year window opens up 35 years after publication, allowing authors to terminate transfers they made in the past.  For those works published in 1978, the first opportunity to terminate the transfer will be in 2013.  (For works published or registered prior to 1978, different rules apply, but authors can still recapture their copyrights.)  The Act requires authors to provide at least two years notice, so those who want to terminate their 1978 transfers in 2013 must send notice in 2011.

            Historically, when working to get established, authors (be they poets, songwriters, filmmakers or sculptors) have had little leverage with their publisher or label.  In exchange for receiving financial advances and getting published, young authors often must transfer ownership of the copyright in the work to the publisher/label.  For example, Garth Brooks currently has a lot more negotiating power than newer artists because he has a track record of producing huge hits. 

            Recognizing the uneven bargaining power that authors possess when first trying to make it big, Congress leveled the playing field by giving them the ability to recapture the copyrights they transferred to the publisher/labels 35 years ago.  Whether an artist’s record contract says he has created a work made for hire, or whether she has signed a contract promising never to terminate the transfer, it doesn’t matter because the right to terminate transfer is irrevocable.

            Congress left open many unanswered questions that courts across the country will have to answer.  With Nashville’s stature in the music and publishing industries, as well as our growing technology community, this has the potential to wreak as much havoc on business as the switch from vinyl to digital.  Given the impact of this law on our own community, I feel certain that Nashville’s federal courts will be in the center of this storm.

            The rules in this area are complicated, even to many lawyers.  They are highly technical and require jumping through many hoops.  Once the window to recapture closes, it generally closes for good.  Authors who are interested in recapturing their copyrights should start working on this right away, take this into account when writing their wills, and enlist professional help from a lawyer in this field. 

Entertainment Industry's New Copyright Alert System May Create New Form of Evidence in Copyright Infringement Lawsuits & Lead to Higher Damages


It was big news earlier this month when many of the big entertainment companies entered into an agreement with Internet service providers (ISPs) regarding efforts they will take to self-regulate and self-police copyright infringement. The name of this plan is the "Copyright Alert System."
According to the Wall St. Journal and the Center for Copyright Information, the plan has six steps, from the mildest (in issuing warnings), to the intermediate (in requiring users to acknowledge that they received notice), to the most severe (in slowing down the speed at which alleged infringers may access the Internet).
As a copyright lawyer who goes to court to resolve disputes, I am most interested in the intermediate step. It strikes me that if users are forced to acknowledge that they have received a warning that their conduct may constitute infringement and yet they proceed forward anyway, the fact that they acknowledged such warning may be used against them in a copyright infringement action. The ISPs will not be releasing the identity of these users voluntarily. But a court can always grant permission to subpoena material showing that they took this intermediate step. This new policy may be opening up a whole new world of evidence of willfulness that can be used against people who knowingly infringe on others' copyrights. And willful infringement entitles copyright plaintiffs to increased money damages.

 

Entertainment Industry's New Copyright Alert System May Create New Form of Evidence in Copyright Infringement Lawsuits & Lead to Higher Damages


It was big news earlier this month when many of the big entertainment companies entered into an agreement with Internet service providers (ISPs) regarding efforts they will take to self-regulate and self-police copyright infringement. The name of this plan is the "Copyright Alert System."

According to the Wall St. Journal and the Center for Copyright Information, the plan has six steps, from the mildest (in issuing warnings), to the intermediate (in requiring users to acknowledge that they received notice), to the most severe (in slowing down the speed at which alleged infringers may access the Internet).


As a copyright lawyer who goes to court to resolve disputes, I am most interested in the intermediate step. It strikes me that if users are forced to acknowledge that they have received a warning that their conduct may constitute infringement and yet they proceed forward anyway, the fact that they acknowledged such warning may be used against them in a copyright infringement action. The ISPs will not be releasing the identity of these users voluntarily. But a court can always grant permission to subpoena material showing that they took this intermediate step. This new policy may be opening up a whole new world of evidence of willfulness that can be used against people who knowingly infringe on others' copyrights. And willful infringement entitles copyright plaintiffs to increased money damages.


"Always On," Consumers Expect Businesses to Embrace Technology Even More

In this new iPhone world, where consumers can download an app at the press of a button, businesses must embrace technology or risk being left behind.  When I say embrace technology, I'm not talking about just having an Internet presence or just using social media for marketing.  I mean using technology to create new apps, tools or games that let you instantly connect and engage with your customers.

Brian X. Chen, a writer for Wired Magazine, was recently interviewed on NPR's Fresh Air from WHYY.  Here's a link to the story and the interview.  In the interview, he discussed his new book, Always On: How the iPhone Unlocked the Anything-Anytime-Anywhere Future -- and Locked Us In.

From a business perspective, the most fascinating part of the book is Chen's comment on how consumers' expectations have changed in light of the way the iPhone lets them unlock worlds of knowledge in the swipe of their phone screen.  In an excerpt from his book, he writes: "The iPhone changed our standards for what we expect from technology, and as a result, businesses are being forced to give us more for our money. We don't want seven pieces of hardware to perform seven different tasks; we want a single gadget capable of doing anything-anytime-anywhere. Soon, manufacturers will no longer be able to sell single-function gadgets lacking an internet connection because those gadgets will soon be obsolete. Consequently, a large number of companies and industries find themselves threatened because a downloadable app can easily replace nearly any dedicated, single-use product."

How is your business using technology to satisfy consumer expectations?  What app could you develop to keep your customers engaged?  Are you thinking from the mindset of a customer who owns an iPhone, and who expects information immediately? No matter your industry -- entertainment, publishing, banking, technology, professional services, arts, health care, environmental -- customers want more from you, and they expect it in the form of instantly accessed technology.

"Always On," Consumers Expect Businesses to Embrace Technology Even More

In this new iPhone world, where consumers can download an app at the press of a button, businesses must embrace technology or risk being left behind.  When I say embrace technology, I'm not talking about just having an Internet presence or just using social media for marketing.  I mean using technology to create new apps, tools or games that let you instantly connect and engage with your customers.

Brian X. Chen, a writer for Wired Magazine, was recently interviewed on NPR's Fresh Air from WHYY.  Here's a link to the story and the interview.  In the interview, he discussed his new book, Always On: How the iPhone Unlocked the Anything-Anytime-Anywhere Future -- and Locked Us In.

From a business perspective, the most fascinating part of the book is Chen's comment on how consumers' expectations have changed in light of the way the iPhone lets them unlock worlds of knowledge in the swipe of their phone screen.  In an excerpt from his book, he writes: "The iPhone changed our standards for what we expect from technology, and as a result, businesses are being forced to give us more for our money. We don't want seven pieces of hardware to perform seven different tasks; we want a single gadget capable of doing anything-anytime-anywhere. Soon, manufacturers will no longer be able to sell single-function gadgets lacking an internet connection because those gadgets will soon be obsolete. Consequently, a large number of companies and industries find themselves threatened because a downloadable app can easily replace nearly any dedicated, single-use product."

How is your business using technology to satisfy consumer expectations?  What app could you develop to keep your customers engaged?  Are you thinking from the mindset of a customer who owns an iPhone, and who expects information immediately? No matter your industry -- entertainment, publishing, banking, technology, professional services, arts, health care, environmental -- customers want more from you, and they expect it in the form of instantly accessed technology.

Privacy? Anyone Remember What That Is?

Does privacy really exist any more?  Sure it does, but sometimes it's easy to forget. 

Take the story's in today's Tennessean: "Nashville Residents Take on Google Wi-Spy, Join Privacy Lawsuit."  Google is accused of tapping into wireless networks while it drove by individuals' houses to capture a copy of their homes for placement on Google Earth.  According to the article, the wire tapping had nothing to do with capturing images of the homes; rather, it was done to improve Google's LBS -- location based services.

What's LBS? It's new technology that allows us consumers to get more accurate information at our fingertips when we log into a new app.  For example, when you go to TripAdvisor's App, if you allow it to track your location, it can send you a map showing you restaurants, parks, hotels, and music venues -- all tailored to your location.  When I go on vacation this fall, I can open up my iPad, tap on the app, and it will move with me, knowing I'm in another location, and providing me with the same instant information -- I don't have to key in the location, because the app does it for me. 

Are there privacy concerns in this?  Of course there are.  And that's ignoring Google's alleged wire tapping.  The concerns are that we give up some privacy when our smart phones know our location.  Who else knows our location?  Surely someone's finding a way to sell that information and make money -- this is called "monetization."

As I explained while recently speaking on a panel at Lipscomb University, our free Internet, and our incredibly tech savvy tools, are not truly free, even though they appear to be.  They come at a price and, as a society, we're just beginning to see what that price is: our privacy.

The lawyers at Covington & Burling have compiled a great summary of privacy bills pending before Congress.  As Congress wades through these bills, it is faced with the same tensions we all face: how much privacy are we willing to give up in exchange for the luxuries of information technology?  To protect our privacy, we may decide it's time to pay to protect ourselves, and we may begin to realize that things that seem too good to be true (an Internet without a price tag) really might be.

Privacy? Anyone Remember What That Is?

Does privacy really exist any more?  Sure it does, but sometimes it's easy to forget. 

Take the story's in today's Tennessean: "Nashville Residents Take on Google Wi-Spy, Join Privacy Lawsuit."  Google is accused of tapping into wireless networks while it drove by individuals' houses to capture a copy of their homes for placement on Google Earth.  According to the article, the wire tapping had nothing to do with capturing images of the homes; rather, it was done to improve Google's LBS -- location based services.

What's LBS? It's new technology that allows us consumers to get more accurate information at our fingertips when we log into a new app.  For example, when you go to TripAdvisor's App, if you allow it to track your location, it can send you a map showing you restaurants, parks, hotels, and music venues -- all tailored to your location.  When I go on vacation this fall, I can open up my iPad, tap on the app, and it will move with me, knowing I'm in another location, and providing me with the same instant information -- I don't have to key in the location, because the app does it for me. 

Are there privacy concerns in this?  Of course there are.  And that's ignoring Google's alleged wire tapping.  The concerns are that we give up some privacy when our smart phones know our location.  Who else knows our location?  Surely someone's finding a way to sell that information and make money -- this is called "monetization."

As I explained while recently speaking on a panel at Lipscomb University, our free Internet, and our incredibly tech savvy tools, are not truly free, even though they appear to be.  They come at a price and, as a society, we're just beginning to see what that price is: our privacy.

The lawyers at Covington & Burling have compiled a great summary of privacy bills pending before Congress.  As Congress wades through these bills, it is faced with the same tensions we all face: how much privacy are we willing to give up in exchange for the luxuries of information technology?  To protect our privacy, we may decide it's time to pay to protect ourselves, and we may begin to realize that things that seem too good to be true (an Internet without a price tag) really might be.

The Next Tidal Wave in Social Media: Video, Apps, QR Codes and Location-based Software

Video, apps, QR Codes and LBS (for location based software, not pounds) are about to be the next tidal wave in social media. It's not that Facebook, Twitter and LinkedIn are losing any prominence (yet), but more and more businesses are waking up to see new ways to connect with their audiences. When law firms and banks (conservative by nature) start adding video to their home pages, you know something's catching on.

As these forms of social media become more popular, they raise new issues for the law to grapple with. Who owns the content? Did you get permission to include an image of that person or that song in your video? Have you informed your users that you plan to sell information about their visiting patterns whenever they view your site? Thoughts for businesses, legislatures and the courts to consider...

The Next Tidal Wave in Social Media: Video, Apps, QR Codes and Location-based Software

Video, apps, QR Codes and LBS (for location based software, not pounds) are about to be the next tidal wave in social media. It's not that Facebook, Twitter and LinkedIn are losing any prominence (yet), but more and more businesses are waking up to see new ways to connect with their audiences. When law firms and banks (conservative by nature) start adding video to their home pages, you know something's catching on.

As these forms of social media become more popular, they raise new issues for the law to grapple with. Who owns the content? Did you get permission to include an image of that person or that song in your video? Have you informed your users that you plan to sell information about their visiting patterns whenever they view your site? Thoughts for businesses, legislatures and the courts to consider...

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Video: Protecting Your Family & Your Reputation when Using Social Media

I was recently invited to speak on "Digital Citizenship and the First Amendment" at The Leadership and Civility in a Digital Age speaker series, presented by Lipscomb University’s Nelson & Sue Andrews Institute for Civic Leadership and Department of Communication and Journalism and by Centerstone.  My friend Debi Tate, a former commissioner on the FCC, invited me to join First Amendment scholar Gene Policinsky on the panel. 

Typically when I speak on legal issues in social media, it is to an audience of business leaders or marketing professionals.  Last night was an opportunity to look at these issues from the perspective of the individual consumer and citizen.  With that in mind, I titled my talk "Protecting Your Family & Your Reputation when Using Social Media."  We had a great crowd and a good conversation.  For a link to the video, go here