John Ferrell, Esq.
John Ferrell, Esq.
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What Makes an Invention too Obvious to Patent?
(131) What Makes an Invention too Obvious to Patent?
Send an email to info@carrferrell.com to speak with an attorney.
To subscribe to our newsletter, send an email to johnferrellesq.news@carrferrell.com to contact us.
The book "Patent Pending: Inventor's Guide to Writing and Filing Your Own Provisional Patent Application" is now available for purchase on Amazon - Click on this link bit.ly/486o8J5
**************************
This Channel provides ideas and education for Entrepreneurs and other Creative Visionaries. Topics in these videos include intellectual property, patents, trademarks, copyrights, trade secrets, licensing, and general business practices.
John Ferrell is a founder and patent attorney at the Silicon Valley law firm of Carr & Ferrell. The author of two books and a growing TH-cam channel on Intellectual Property, John’s passion for creating and protecting intellectual property is reflected in his representation of many of the world’s most important companies and inventors - some 5,000 so far. Founded in 1992, Carr & Ferrell has filed more than 10,000 patent applications covering nearly every imaginable technology.
Distinguished by his demonstrated technical and legal expertise, John has been noted in the Silicon Valley Business Journal list of Who's Who in Silicon Valley and Northern California's Super Lawyers. He was also listed by the Los Angeles Daily Journal as one of California's top Rainmakers, by San Jose Magazine as one of Silicon Valley's top Legal Eagles, and by San Francisco Magazine as one of Northern California's top lawyers. Additionally, under his leadership, the firm has been recognized by Corporate Counsel Magazine as a Go to Law Firm for Intellectual Property. John has received an AV® Peer Review Rating from Martindale-Hubbell® (a representation of the highest level of professional excellence). Over the past three decades, John has presented on and spoken about patent and intellectual property issues, both legal and technology business forums around the globe.
In addition to practicing law, John is an active technology investor and member of The Band of Angels, Silicon Valley's oldest seed fund organization.
Please note that this Channel provides general legal and business information for education purposes only and is not intended to provide legal advice or create an Attorney-Client relationship. John Ferrell is admitted to practice law in California, before the USPTO (U.S. Patent and Trademark Office), before various U.S. Federal District and Appeals Courts and before the Supreme Court of the United States.
***************************
If you wish to speak with an attorney about patents, send an email to info@carrferrell.com.
John Ferrell, Esq.
jsferrell@carrferrell.com
Monopoly Architect, Patent Strategist, Attorney
Carr & Ferrell LLP
411 Borel Ave., Ste. 603
San Mateo, CA 94402
มุมมอง: 8 668

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(130) From Idea to Invention: Who Gets the Credit-You or Your Employer? Send an email to info@carrferrell.com to speak with an attorney. To subscribe to our newsletter, send an email to johnferrellesq.news@carrferrell.com to contact us. The book "Patent Pending: Inventor's Guide to Writing and Filing Your Own Provisional Patent Application" is now available for purchase on Amazon - Click on thi...
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ความคิดเห็น

  • @bobwinters6665
    @bobwinters6665 3 ชั่วโมงที่ผ่านมา

    "When the debate is lost, slander is the tool of the loser" Socrates

  • @salvatoremarchettispaccame4678
    @salvatoremarchettispaccame4678 16 ชั่วโมงที่ผ่านมา

    Just filed my PPA following the video. Amazing. I filed one around 2 years ago following another video, but it looks like the website has changed, so this video helped me so much. Thank you so much for doing it. I have a question: how long after submitting it and paying the fee should I receive some confirmation email from them? How can I see that the process went through and how can I check that my PPA is actually active? Thanks again for the help.

  • @robertetlis749
    @robertetlis749 22 ชั่วโมงที่ผ่านมา

    Hi, a quick question for this great video presenter! John, We live in Australia, and wish to file a PPA in US and Australia, and possibly other world regions. Can we use your registration process as non-US Citizens? Thanks mate, Rob

  • @justins1147
    @justins1147 วันที่ผ่านมา

    What's in the pdf? What do I need to make into a file? It is a pretty simple idea.

  • @realdealastrology9
    @realdealastrology9 วันที่ผ่านมา

    I have an employment law case against my former employer for fraud, retaliation, and negligent misrepresentation. You know why I love contingency fees? Not only because I pay nothing if I lose, but I also *don’t care* if I lose because making the employer’s life a living hell with the justice system and making them pay a ton of legal fees is High Justice enough for me. Any money award I get is just a bonus. That’s how I look at contingency fees.

    • @johnferrellesq.
      @johnferrellesq. วันที่ผ่านมา

      I'm sorry to hear about the problems with your former employer. I wish you well with your case. Warmest regards, -john

  • @samwalker7821
    @samwalker7821 วันที่ผ่านมา

    In 1976 I purchased a brand-new Rolex Daytona Chronograph at Bailey, Banks and Biddle in Chicago for $520. No hassle or back order, just a simple over-the-counter sale of an in stock watch. I had it many years and sold it for ten times what I paid for it. The only fakes around then were of obvious dubious quality. Of course a dollar bought lot more then than now. I still have some Rolex's, but that's one I wish I'd kept. A new on now can sell for over $30,000!

    • @johnferrellesq.
      @johnferrellesq. วันที่ผ่านมา

      The Daytona is a beautiful watch. Thank you for watching my video and for commenting. Warmest wishes, -john

  • @JessicaEm13
    @JessicaEm13 2 วันที่ผ่านมา

    I wrote 4 songs just lyrics I can’t sing at all. How would I copyright my lyrics. How could I get someone to sing my songs.

    • @johnferrellesq.
      @johnferrellesq. 2 วันที่ผ่านมา

      Hi Jessica, I made a long form video answering your question. It should be out in about two weeks. Thank you so much for watching my video and leaving your comment. I am very grateful to have you here 😊 -john

  • @bensantranquilan6349
    @bensantranquilan6349 3 วันที่ผ่านมา

    My fossil watch we have a patent no.

    • @johnferrellesq.
      @johnferrellesq. 2 วันที่ผ่านมา

      I'm a bit confused by your comment. Is this a question I can help you with? Warmest wishes, -john

  • @hayarpikarapetyan7657
    @hayarpikarapetyan7657 3 วันที่ผ่านมา

    Hello. Thanks for this cideo. But do i understand correctly when i turn off the option of alowing them to collect the data for future training, i am safe?

    • @johnferrellesq.
      @johnferrellesq. 2 วันที่ผ่านมา

      I think that only OpenAI knows the answer to this. Have you asked ChatGPT? Maybe it knows the answer. Warmest wishes, -john

  • @RichardMumford1
    @RichardMumford1 4 วันที่ผ่านมา

    Your videos are so valuable. I have a question that I don't think has been discussed. I have issued patents and in the process many concepts were tried and discussed on social media without a patent being applied for. Now 8 years later someone is trying to patent the concept. There is record on social media to challenge the novelty. I see on this product that it shows "patent pending" but I see no reference and so perhaps it is not published yet or even past the provisional stage. Is there a way to get the information to an examiner or what actions could be taken?

    • @johnferrellesq.
      @johnferrellesq. 2 วันที่ผ่านมา

      Hi Richard, thank you for your excellent question. The short answer is that until the patent application is published there's no way to submit a challenge on the application to the patent office. Generally, the problem you are facing is quite common and raises several interesting issues. I'm planning to do a video on your question for probable release in late February. Thank you for bringing this matter to everyone's attention I hope this works out well for you. Warmest regards, -john

    • @RichardMumford1
      @RichardMumford1 2 วันที่ผ่านมา

      @johnferrellesq. wonderful, thank you. On a side note, I've seen agreements in patent litigation that one party would not seek to invalid another's patent.

  • @washingtonradio
    @washingtonradio 4 วันที่ผ่านมา

    My basic rule when on the street is would I mind someone taking my photo. Also, I avoid getting into someone's face with my camera. If asked why, I will tell them what I'm doing. What I have seen is a lack of knowledge and awareness that the person one should wary of is not the person with obvious camera gear but the person with the phone or point and shoot camera who take the picture much more unobtrusively.

    • @johnferrellesq.
      @johnferrellesq. 4 วันที่ผ่านมา

      Great comment! Thank you. -john

  • @musikalmike71
    @musikalmike71 4 วันที่ผ่านมา

    Thanks for the video. Quick question: If uploading a recorded song, do you absolutely need to provide a copy of the score? What if transcribing the score is virtually impossible, like the Black Page?

    • @johnferrellesq.
      @johnferrellesq. 3 วันที่ผ่านมา

      No it's not necessary to include the score, just submit a copy of the score. I am including a detailed answer to your question in an upcoming video. Stay tuned. 🙂 Warmest wishes, -john

  • @amadorafael
    @amadorafael 4 วันที่ผ่านมา

    Very good explanation! Thanks for that! I have a question: I just filled a Utility Provisional Patent and I'm ready to negotiate. My approach it's very simple: I don't have the money to finance my invention, so I'm going to present this to potential investors (I already have one lined up). My plan is that the investor takes care of "everything" and I'll be asking (to start off) for 10% royalty, scalable up to 20% based on certain sales goals or amounts. Does that makes sense? I'm sure is nothing new and I'm not "discovering the lemonade"...have you or any of your clients used that criteria? I'm positive that this invention will sell very well (not because it's my idea) but the field and market to where this is focused to! Is that OK to have this "scalable estructure" for royalties? Thanks a lot in advance for your feedback.

    • @johnferrellesq.
      @johnferrellesq. 2 วันที่ผ่านมา

      This seems like a good option for you. Be sure to hire a local attorney with IP licensing experience to help review the final contract before you sign. Good luck with this! -john

  • @anuramendis2360
    @anuramendis2360 5 วันที่ผ่านมา

    ❤How get permission for bucharest old town street singing ❤❤❤❤

    • @johnferrellesq.
      @johnferrellesq. 4 วันที่ผ่านมา

      I'm not sure. You might contact the Bucharest permitting department of the City government. Warmest regards, -john

  • @ThomasHeeter
    @ThomasHeeter 5 วันที่ผ่านมา

    Thanks John--for authentically and efficiently teaching folks about "obvious information" in your own new, novel and non-obvious way.

    • @johnferrellesq.
      @johnferrellesq. 4 วันที่ผ่านมา

      Thank you for the kind comment. I am so happy that you are finding these videos useful. I am curious what other types of videos you watch. Are there other entrepreneur topics I could address that you would be interested in watching? -john

  • @frankh1617
    @frankh1617 5 วันที่ผ่านมา

    Would I be violating the right to privacy by posting on Instagram a photo I took of a person inside a food court in California? This person was walking toward me, among others, and at no point did I capture anything that could be considered embarrassing. However, this person is positioned at the center of my photo, making him appear as the main subject.

    • @johnferrellesq.
      @johnferrellesq. 4 วันที่ผ่านมา

      This food court sounds like it might be a public space, in which case the photographs of people located there posted to Instagram should be ok. But I am not 100% sure about the particular space. 🙂

  • @jimvautour595
    @jimvautour595 5 วันที่ผ่านมา

    John, would your videos generally apply to Canada also. Would a Canadian apply for Provisional Patent in Canada or the USA?

    • @johnferrellesq.
      @johnferrellesq. 4 วันที่ผ่านมา

      Canada does not have a PPA (Provisional Patent Application) program. Warmest regards,-john

  • @jimvautour595
    @jimvautour595 5 วันที่ผ่านมา

    John, that was really helpful, & just in time ! Thank you. Keep em' coming.

    • @johnferrellesq.
      @johnferrellesq. 4 วันที่ผ่านมา

      Thank you for the kind comment. I am so happy that you are finding these videos useful. I am curious what other types of videos you watch. Are there other entrepreneur topics I could address that you would be interested in watching? Warmest wishes, -john

  • @deenatvinnereim
    @deenatvinnereim 6 วันที่ผ่านมา

    Hey, John, big problem. I have been trying since Saturday to efile copyright, system as it is allegedly "down for maintenance" until Sunday at 6am. It's now Tuesday at 9:12pm. So, with trump shutting down the government effectively - what is going on ... any insight. I feel at this point, it will not be coming back up. Please help.

    • @johnferrellesq.
      @johnferrellesq. 5 วันที่ผ่านมา

      'So sorry to hear you are having problems with the website. I believe the site might have been down over the weekend.You might give it another try now. Email me at jsferrell@carrferrell.com if you would like one of our attorneys to handle this for you. Warmest wishes, -john

    • @deenatvinnereim
      @deenatvinnereim 5 วันที่ผ่านมา

      @@johnferrellesq. it's FINALLY working but who knows for how long given Trump's desire to shut down all government agencies ... I will file and hopefully get approved before mass firings begin to occur.

    • @johnferrellesq.
      @johnferrellesq. 2 วันที่ผ่านมา

      Wonderful! So great to hear. Good luck with your registration. -john

  • @newtonmoon
    @newtonmoon 6 วันที่ผ่านมา

    Do NNN agreements also need to be signed with Lawyers in China when disclosing business critical information? I am asking as the No attorney-client privilege does not seem practiced there.

    • @johnferrellesq.
      @johnferrellesq. 6 วันที่ผ่านมา

      Since I am not a Chinese lawyer, I probably should not try to answer this one. 🙂 'So sorry. -john

  • @Kaydee-p7x
    @Kaydee-p7x 7 วันที่ผ่านมา

    Thank you that was very helpful

  • @keithharo
    @keithharo 7 วันที่ผ่านมา

    Thanks John. Question: If the "results" of the new design are admittedly predictable, yet could it possibly be argued that the new design itself was not obvious?

    • @johnferrellesq.
      @johnferrellesq. 5 วันที่ผ่านมา

      Yes, of course. Unpredictable results is one indicia of nonobviousness, but clearly there are other permutations of nonobvious methods and system elements that could also meet this requirement. Warmest wishes, -john

  • @austin.aesthetics
    @austin.aesthetics 7 วันที่ผ่านมา

    AWESOME VIDEO THANK YOU SO MUCH JOHN!!!!! I WAS DREDIGN THIS BUT IT WAS SO EASY, THANK YOU !!!!

  • @WACOH-y8c
    @WACOH-y8c 7 วันที่ผ่านมา

    Great video, just ordered the book, will read, and when ready watch the video again.

  • @collaborativeclockworks
    @collaborativeclockworks 8 วันที่ผ่านมา

    John sir, My question is, if I have made a working rough prototype by piecing together existing components that can later be refined so not to infringe on the works of others, can this be used for a provisional patent application. The idea is there, the prototype is functional. Can one begin this way?

    • @collaborativeclockworks
      @collaborativeclockworks 8 วันที่ผ่านมา

      It is electronic in nature. I have yet to design a custom pcb or find a manufacturer.

    • @johnferrellesq.
      @johnferrellesq. 5 วันที่ผ่านมา

      Yes, this is a great way to start. Have you filed your PPA (Provisional Patent Application) yet? -john

    • @johnferrellesq.
      @johnferrellesq. 5 วันที่ผ่านมา

      Good luck with this. 🙂 -john

    • @collaborativeclockworks
      @collaborativeclockworks 3 วันที่ผ่านมา

      @@johnferrellesq. I have not, I still have questions I think I should ask beforehand, your videos are helping with that, thank you!

    • @johnferrellesq.
      @johnferrellesq. 3 วันที่ผ่านมา

      @@collaborativeclockworks 'Wishing you great success! -john

  • @noahnmamma2631
    @noahnmamma2631 8 วันที่ผ่านมา

    Hi John, I wonder if you talked about Application Cover sheet PT/SB/16? And if filled online, where do we select in the cover sheet that we are paying using credit card without providing the PTO-2038?

    • @johnferrellesq.
      @johnferrellesq. 5 วันที่ผ่านมา

      If you follow my video and use the Patent Center form, no separate PTO/SB16 is required. Warmest regards,-john

  • @Te-c
    @Te-c 8 วันที่ผ่านมา

    Can you show us what to put on provisional patent slides

    • @johnferrellesq.
      @johnferrellesq. 5 วันที่ผ่านมา

      To answer your question, check out this video: th-cam.com/video/dDwEuuZPHZY/w-d-xo.html Warmest wishes, -john

  • @MrSnotbags
    @MrSnotbags 8 วันที่ผ่านมา

    Very informative.😊✌️🇨🇦

    • @johnferrellesq.
      @johnferrellesq. 8 วันที่ผ่านมา

      Thank you for your comment. I am so grateful to have you on my channel. Please subscribe if you haven't done so already. Warmest wishes. 😊 -john

  • @kenydemeza
    @kenydemeza 9 วันที่ผ่านมา

    That’s awful

    • @johnferrellesq.
      @johnferrellesq. 8 วันที่ผ่านมา

      Thank you for watching and commenting. 🙂 -john

  • @warrenburgis5280
    @warrenburgis5280 10 วันที่ผ่านมา

    Dr. Joseph Swan invented and patented the Incandescent light bulb, not Edison. Get your facts right if you want credibility.

    • @johnferrellesq.
      @johnferrellesq. 8 วันที่ผ่านมา

      Allessandro Volta, Joseph Swan and many others were involved in a long sequence of improvements that led to the first light bulb. Thomas Edison holds many of the patents for the breakthrough improvements that made light bulbs practical for everyday use by the masses, and is thus often credited with the invention. Thank you for pointing this out. Warmest regards, -john

  • @marlon13372
    @marlon13372 10 วันที่ผ่านมา

    3:29 But you know about dark Rum 😂

  • @MrWelfarehater
    @MrWelfarehater 10 วันที่ผ่านมา

    Hey John, I am wondering about 2 inventions by themselves one in my opinion can argue that the inventions are non obivous. However the technology for both inventions were borrowed from a common connection in bicycles, the other invention a bracket that holds upholstery to a metal chair is borrowed from automotive seats. The bracket even uses the identical hardware from automotive seats. Would they consider to be non obvious? I am just curious. 2nd question while on the matter, would paying an attorney for a patent search pick up the obvious? Interesting video that raises important questions.

    • @johnferrellesq.
      @johnferrellesq. 5 วันที่ผ่านมา

      It's hard to determine nonobviousness from the facts provided, but the bracket you describe could be. 🙂 Yes, a patent attorney will be able opine for you on whether they believe an invention is nonobviousness.

  • @jenlr04
    @jenlr04 10 วันที่ผ่านมา

    Hi John, you mentioned in your video. It’s a good idea to at least have a patent attorney look over patent application I was wondering what are the chances of them stealing your idea?😢

    • @johnferrellesq.
      @johnferrellesq. 6 วันที่ผ่านมา

      Virtually zero. If patent attorney were any good at building and selling products, they probably would never have spent the time and money to become a lawyer. Besides, it's against the law for an attorney to steal your idea. Warmest wishes, -john

  • @bevc33
    @bevc33 10 วันที่ผ่านมา

    Thanks, John. Great, down-to-earth examples. I'm not a professional, but at the end of the day, isn't "obviousness" very subjective, despite the "person of ordinary skill in the art"? It seems the only REAL arbiter is ultimately the supreme court, as evidenced by your examples ending there? I assume both sides had expensive and compelling enough arguments to get the Supreme Court to make the final call.

    • @stanleykubrick8786
      @stanleykubrick8786 10 วันที่ผ่านมา

      Bev check out the similarities between two notebook stands, the Roost and Nexstand. My comment was deleted so I'm not sure if it was bc I posted links to their websites but the point is that many examples seem to support what you are saying, that it isn't so much the innovation but more the mood of the examiner and the courts. And then there's always the example of the intermittent windshield wiper example by Robert Kearns.

    • @johnferrellesq.
      @johnferrellesq. 5 วันที่ผ่านมา

      Fortunately, most inventions don't require judges to decide. Thank you so much for watching my video and leaving your comment. I am very grateful to have you here 😊 -john

  • @SSeino
    @SSeino 11 วันที่ผ่านมา

    But if someone takes and uses our content and changing a word or two, this would be plagiarism, right? And if they give no reference to where they took the content, which come from our website, including images, which they claim as their own, then what? It seems everything is a court battle and we small businesses lose each time.

    • @johnferrellesq.
      @johnferrellesq. 6 วันที่ผ่านมา

      Copyright infringement and plagiarism-especially online-are ongoing problems for creators and small businesses. Copyright infringement happens when someone copies, distributes, displays, or adapts your copyrighted content (text, images, music, etc.) without permission. This is a legal issue. Plagiarism is when someone takes your work and fails to give you credit, even if they make minor changes. This is more of an ethical issue (though it may also be legally actionable under copyright law). If someone is copying your website’s content (text, images, etc.) and claiming it as their own, that is likely copyright infringement, not just plagiarism. Changing a few words does not automatically make it “original” or free from copyright concerns. U.S. courts (and many others globally) use the “substantial similarity” test: If the heart of your work (such as the structure, key phrasing, or overall message) remains recognizable, it can still be copyright infringement. This is especially true for images-if someone uses your exact images without permission, even with small edits, that is almost always copyright infringement. Before considering a court battle, consider sendi a Cease-and-Desist Letter. This is often the first and most effective step. A strongly worded legal letter demanding they remove the stolen content immediately can work without needing litigation. f you want help drafting one, let me know-I can refer you to one of our attorneys for assistance on that. Alternatively, you can file a DMCA Takedown Notice. The Digital Millennium Copyright Act (DMCA) allows you to request online platforms (like Google, hosting providers, and social media sites) to remove infringing content. If the infringer posted your content on their own website, you can: Find their hosting provider using a tool like Whois Lookup; submit a DMCA request to the host; and if they refuse to comply, Google also has a DMCA takedown request system to remove infringing pages from search results. If the infringer refuses to comply and the damages are under $30,000, you might not need a full-blown court battle. The Copyright Alternative in Small-Claims Enforcement (CASE) Act, passed in the U.S., allows small businesses and individuals to pursue claims in a simplified process, avoiding expensive litigation. This is less costly than federal court and is designed to help small businesses protect their rights. Let me know if you would like help with drafting a cease-and-desist letter or submitting a DMCA request at jsferrell@carrferrell.com I can refer you to one of our attorneys. Warmest regards, -john

  • @jpmofokeng9720
    @jpmofokeng9720 11 วันที่ผ่านมา

    I think number 1 should be the INTERNET OR WWW (WORLD WIDE WEB) because all of the inventions listed in this episode depend on it to function.

  • @AntiLiberal247
    @AntiLiberal247 11 วันที่ผ่านมา

    They were the liars. Guess you’re a Democrat! 😂😂

  • @gabrielroa3037
    @gabrielroa3037 12 วันที่ผ่านมา

    Thanks for the video! Question: if I’m not originally from the US but my country of origin has copyright relations with the states, is it ok (can I even ?) to apply for this ? In my case is also music. Thanks in advance !

    • @johnferrellesq.
      @johnferrellesq. 6 วันที่ผ่านมา

      Gabriel, Yes, you absolutely can apply for copyright protection in the United States, even if you are not originally from the U.S., provided that your country of origin has copyright relations with the United States. Fortunately, most countries are members of the Berne Convention for the Protection of Literary and Artistic Works, a global treaty that ensures reciprocal copyright protection among its member countries. If your country is a signatory to the Berne Convention (or has a similar treaty or agreement with the U.S.), you are eligible to seek copyright protection in the U.S. Warmest regards, -john

  • @Te-c
    @Te-c 12 วันที่ผ่านมา

    U start confusing me when u start talking about clothes

    • @johnferrellesq.
      @johnferrellesq. 6 วันที่ผ่านมา

      I am happy to clarify if you have a specific question. Warmest regards, -john

  • @brianjones5400
    @brianjones5400 13 วันที่ผ่านมา

    My apologies. I left a comment saying that the video was out dated but when i signed up on the site as a user i found that though the process wasnt exactly the same as thw video i was able to follow the video to fill out the form. I also tried to order your book but it is unavailable

    • @johnferrellesq.
      @johnferrellesq. 13 วันที่ผ่านมา

      I am so sorry about the book we just published a new edition. If you send me an email at jsferrell@carrferrell.com, I will make sure you get a hot link to the book. In the meantime we will try to sort this out. 🙂 -john

    • @johnferrellesq.
      @johnferrellesq. 12 วันที่ผ่านมา

      We are fixing the link. 🙂 Thank you. -john

    • @johnferrellesq.
      @johnferrellesq. 12 วันที่ผ่านมา

      Link is fixed. 🙂 thank you for letting us know! -john

  • @SimpleTechAI
    @SimpleTechAI 13 วันที่ผ่านมา

    Thank you so much for sharing your knowledge. I have a few questions. 1. How would you register and multiple AI generated songs if you wrote and own the lyrics and have the legal write to the generated music? 2. If you register a song in one genre and decide you want to use the same lyrics but redo it for a different genre is that considered a different song? 3. Is giving out your music on CD to a select set of people or posting it on your web page and sharing the link with a selected set of people consider published? Thank you again for your time I'm so glad I found your page.

    • @johnferrellesq.
      @johnferrellesq. 13 วันที่ผ่านมา

      Is giving out your music on CD to a select set of people or posting it on your webpage and sharing the link with a select set of people considered “published”? The concept of "publication" under U.S. copyright law (17 U.S.C. § 101) involves the distribution of a work to the public by sale, transfer of ownership, rental, lease, or lending, or by offering to distribute copies to a group of persons for purposes of further distribution, public performance, or display. If you distribute CDs only to a limited, private group (e.g., friends, family, or colleagues), it generally would not constitute publication. However, if the distribution suggests an intention to reach a broader public audience (e.g., to music reviewers or industry insiders for promotion), this may be interpreted as publication. Sharing your music on a webpage, even with access limited to select individuals (e.g., via a password or link), could potentially be considered publication, particularly if the music is accessible by anyone with the link. The broader the audience or potential for redistribution, the more likely it is to be deemed published. If the music is unpublished at the time of registration, it should be registered as an unpublished work. If it has been distributed in a manner that constitutes publication, it should be registered as published. ‘Hope this helps. Warmest regards, -john

    • @johnferrellesq.
      @johnferrellesq. 13 วันที่ผ่านมา

      If you register a song in one genre and decide to use the same lyrics but redo it for a different genre, is that considered a different song? This largely depends on how you alter the music for the new version. Here are the considerations: If the lyrics remain identical, but the musical composition changes significantly to fit a different genre, the new version could be considered a derivative work. While the original copyright for the lyrics would still apply, the new arrangement or composition could qualify for separate copyright protection if it reflects substantial creative changes. If you anticipate reusing lyrics across multiple musical arrangements, you may want to register the lyrics separately as a standalone literary work (Form TX), or each musical composition or arrangement independently (Form PA) to account for variations across genres. -john

    • @johnferrellesq.
      @johnferrellesq. 13 วันที่ผ่านมา

      Thank you for your comment. I am tackling each of your questions in a separate reply. How would you register multiple AI-generated songs if you wrote and own the lyrics and have the legal rights to the generated music? To register multiple AI-generated songs with the U.S. Copyright Office (or its equivalent in other jurisdictions), you should take the following steps: Since you wrote the lyrics, they are a distinct copyrightable element under your ownership. For the music generated by AI, confirm that you have a clear legal agreement or license granting you rights to the generated content. This agreement ensures you can claim authorship or ownership of the final song arrangement. If the songs are part of a collection (e.g., an album or a series of related works created within the same period), you may be able to register them as a single submission under a group registration of unpublished works or a single registration for published works (if they were all published simultaneously). Each song would still have individual protection within that submission. Alternatively, each song can be registered individually if preferred or if their release times are staggered. Use Form PA (Performing Arts) for registering songs (lyrics and music). Specify your authorship of the lyrics and include details about the AI-generated music, including any modifications or human involvement in arranging, editing, or producing the AI-generated material. Provide a deposit copy of the work (e.g., audio recordings, lyric sheets, or sheet music). Given the evolving legal landscape around AI-generated works, include a clear explanation in your application detailing the nature of the AI-generated music, your ownership rights, and the extent of your creative contribution. Good luck with your music! -john

    • @SimpleTechAI
      @SimpleTechAI 13 วันที่ผ่านมา

      Thank you you're amazing 👏 👏👏👏

  • @chrisrodriguez8811
    @chrisrodriguez8811 14 วันที่ผ่านมา

    Are you still patent lawyer

    • @johnferrellesq.
      @johnferrellesq. 14 วันที่ผ่านมา

      Yes. 🙂 Are you looking for a patent lawyer? -john

  • @hk3512
    @hk3512 15 วันที่ผ่านมา

    I have shared alot ,now wht to do??

    • @johnferrellesq.
      @johnferrellesq. 14 วันที่ผ่านมา

      if you are uncomfortable with what you've shared, you can try going to the settings tab on your ChatGPT account; go to the Security button and Delete All Chats. Honestly, however, given the topics that I have been reading lately that subscribers have been discussing with Chat, there is not much you could say that would make Chat blush. That said, however, if you are a Russian oligarch and were discussing with Chat your plans to overthrow the Russian government; delete your account and and stay out of tall buildings. 🥺 Warm wishes, -john

  • @AvgAsianJoe
    @AvgAsianJoe 15 วันที่ผ่านมา

    Hi John, I like doing remix. I am thinking of trying to remix with public domain or CC by 4.0 melody and mix it with AL melody. I use DJ tools to do the mixing and add in extra beats and sound to the melody that see fit. Assume I have the right to use the AI melody for rework, do you think is possible to copy right the remix? Summary song 1 is public domain or CC by 4.0 and song 2 is AI melody but I do remix of both melody together. THanks.

    • @johnferrellesq.
      @johnferrellesq. 14 วันที่ผ่านมา

      Hi AAJ, Thank you so much for watching my video and leaving your comment. If a melody is in the public domain, it is free for anyone to use, modify, and build upon without restriction. You are not required to provide attribution, and you can incorporate it into your remix without additional legal hurdles. Works licensed under Creative Commons BY 4.0 can be used, shared, and adapted, provided that proper attribution is given to the original creator. As long as you credit the source appropriately, you can freely include these melodies in your remix. Assuming you have the necessary rights to use the AI-generated melody (whether through a license, ownership of the generated output, or explicit permission from the AI tool’s provider), you may remix it alongside the public domain or CC BY 4.0 melody. However, some legal nuances about AI-generated works should be considered. In many jurisdictions, AI-generated works might not qualify for copyright protection unless a human creator has made substantial creative contributions. If you’ve significantly transformed the AI melody through your remix process, such as by adding original beats, sounds, or other creative elements, this should qualify as an original work eligible for copyright protection. ‘Hope this answers your question. Warmest regards, -john

    • @AvgAsianJoe
      @AvgAsianJoe 14 วันที่ผ่านมา

      @@johnferrellesq. Thank you for the quick reply. Yes, that what I did, I took the AI melody and added extra beat and sound to it and mix and blend it with the other song as well.

  • @Americaasone
    @Americaasone 16 วันที่ผ่านมา

    The one thing I disagree with is photographing businesses through the window. Once you walk through the door of any building public or private you should get permission first. Inside shouldn’t be considered as public space since people go into most buildings to conduct private business whether it’s simply shopping or getting your drivers license renewed. The same with these so called First Amendment auditors the record the inside of cars that could have personal property in them. They love to record the inside of police cars with have private information and dangerous equipment in them! They love to walk into businesses and government buildings especially when they are poster No Recording, then cause a disturbance just to get a reaction to put on their TH-cam channel! All these people are doing is spreading anger and discomfort to the public and eventually keep legitimate journalists, photographers and reporters from doing their jobs. The answer is simple, legitimate professionals know how to get the results they need by following the rules and respecting the people and situation they are there to record. Anyone else who use fraud or deception to acquire TH-cam content must show ID and have what ever they unlawfully record confiscated so it will never be abused or used for criminal activity.

    • @johnferrellesq.
      @johnferrellesq. 16 วันที่ผ่านมา

      Great post! Thank you for commenting. Warmest wishes, -john

  • @stanleykubrick8786
    @stanleykubrick8786 17 วันที่ผ่านมา

    For over 10 years I've been verbally and physically assaulted by a core group of vigilantes in the picturesque town of Cochrane, Alberta, Canada. What prompted these acts was that I was 50 years old when I moved to this neighborhood and most others were 30, that age difference and my being single caused a few people to start verbally accusing me of being a pedophile, etc. and doing so on Facebook too. One of the biggest disappointments from all of this was that the RCMP and Cochrane's Mayor Genung not only ignored me but also had me arrested and pestered over the years by incessant police intrusions at my property. All of those hurtful accusations were false, but the harm done to me and my family was substantial. Today, I'm financially broke and on the verge of homelessness - if those 12+ years were not wasted, I could have developed some significantly valuable innovations that could have benefited society.

  • @coltonhuntmusic
    @coltonhuntmusic 18 วันที่ผ่านมา

    Do you work with smaller bands?

    • @johnferrellesq.
      @johnferrellesq. 18 วันที่ผ่านมา

      Hi Colton, 'love your videos. Feel free to reach out to me at jsferrell@carrferrell.com. Warmest wishes, -john

  • @stanleykubrick8786
    @stanleykubrick8786 18 วันที่ผ่านมา

    Amazing content but your music can be a bit overpowering. Also in other videos where you say, 21 suggestions to… you often have your editor use stock video clips of office scenes that don’t take advantage of visually demonstrating your points.

    • @johnferrellesq.
      @johnferrellesq. 18 วันที่ผ่านมา

      Thank you. Another great comment. 🙂 -john

  • @stanleykubrick8786
    @stanleykubrick8786 18 วันที่ผ่านมา

    John, when you make these specific suggestions, it would be useful if you actually showed what you mean in place of showing stock footage of people moving about computers or doing whatever they’re doing. Thank you.

    • @johnferrellesq.
      @johnferrellesq. 18 วันที่ผ่านมา

      I totally agree. This "21 Signs" video is a few years old and we have been trying to level-up a bit with each new posting since. I met with my production team this morning and read them your comment. Better b-roll is definitely an area we still have a lot of room for improvement. After four years of making videos almost weekly, we are still just getting started on the learning journey. Thank you for taking the time to watch and to comment. Warmest wishes, -john

  • @ask_Dr_Lin
    @ask_Dr_Lin 19 วันที่ผ่านมา

    Great! Thanks!