Teller Lawsuit to protect Magic Trick

This is an interesting case I just read about in the October 2012 Esquire.  It raises numerous issues including, is a magic trick eligible for copyright? The Teller "trick" really verges on performance art and is pretty impressive. There is still a Youtube video of the Bakardy/Dogge version. Ino link because I don't want to encourage him) It is no where near as artful and I can see the argument that widely selling a cheap knock off would lead to dilution of the Teller original. I'm a big Penn & Teller fan so I have to admit I'm biased. This will be interesting to watch.

Teller v Dogge

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Kids today: Julian Presents "Lego Road Trip" - YouTube

When I was a kid summers were spent sweating, getting bitten by mosquitoes and going to the cheap matinees. Kids today are amazing. Julian is the writer, director and producer of this stop motion short. He spent his summer making movies. This is his latest offering.
Lego Road Trip - YouTube:

He also was the cinematographer and editor on our 2012 Pearland Film Festival Entry: "Ivory Merchant Present: THE BACHELOR". We won for technical direction--Thanks, Julian. (Yes that is your lawyer acting like an Edwardian dandy so you can see why we did not win for best actor.)

Technology is a disruptive influence. It has radically altered the practice of law but for today, I'm enjoying the benefits it has with regard to the great creativity of our friend Julian.  Enjoy his work.

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Too Many Cooks in eDiscovery | Bow Tie Law's Blog

Thanks to Bow Tie Law for posting this case.
http://bowtielaw.wordpress.com/2012/08/23/too-many-cooks-in-ediscovery/

7 Reasons Why I Can't Do "Free" | SharonHayes.com

This is a great blog post about being able to provide free services.  The best advice I ever got from another attorney was, "Do pro bono work on purpose. Not accidentally."  It is a tough lesson but Sharon Hayes makes great points. I would recommend this post to all small businesses.

7 Reasons Why I Can't Do "Free" | SharonHayes.com:

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Denying Service of Process by Facebook Message | Bow Tie Law's Blog

There is so much to like about this guy's blog. 1. He wears bowties. 2. He writes about e-discovery in a way that even non-lawyers will find interesting. This popped up in my twitterfeed and I felt the need to share. I think it is only a matter of time before service by Facebook is a reality.

Denying Service of Process by Facebook Message | Bow Tie Law's Blog:

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Girls Rock Camp Houston Gala: PUNK ROCK PROM

This is not a law related post. I'm on the board of Girls Rock Camp Houston and I'm the father of a Girls Rock Camp Houston Camper so please indulge me. Girls Rock Camp Houston is a great program. The girls have busy week learning forming bands, writing songs, practicing music, learning history, making t-shirts and many other things. Rosy feels like this camp has given her the self-esteem and confidence to speak out in middle school on issues that she feels are important. (She's also learned a lot of guitar). Here is a link to the website where you can learn more about the camp and buy tickets for the gala. This is going to be a great event. I look forward to seeing you there.

Girls Rock Camp Houston:

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Charles Carreon vs. The Oatmeal: There is nothing like good publicity...and this is NOTHING like good publicity

I have previously blogged about this case. Popehat.com is a great read even if you are not interested in internet law and intellectual property law. I've linked to the most recent article about this case. The short version of Charles Carreon vs. The Oatmeal is that a cartoonist, Matthew Inman, who writes under the name of The Oatmeal, sent a take down notice to a website called FunnyJunk.com because they had posted many of his cartoons without permission. He also made comments about FunnyJunk.com on his blog. Charles Carreon, attorney for FunnyJunk.com, sent a demand letter for $20,000. The Oatmeal refused to pay and actually started a fundraiser with the goal of raising $20,000, taking a picture of the money and then donating it all to charity. (There were also suggestions of rude cartoons of Carreon's mother. Rude but not a crime).
Friday Charles Carreon filed suit against The Oatmeal and the National Wildlife Federation and the American Cancer Society, the two charities that would benefit from the fundraiser.   This will be an interesting case to watch-a meritless fools errand-but fun to watch. Popehat.com has the whole stories as well as links to the pleadings.

The Oatmeal v. FunnyJunk, Part IV: Charles Carreon Sues Everybody | Popehat:

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Matthew Inman "The Oatmeal" has posted an open letter to Charles Carreon.
Charles Carreon's suit is clearly not having the desired effect. Lawyers and publicists should read up on the "Streisand" effect before launching into a suit of this kind. There is nothing like good publicity but this is clearly nothing like good publicity.

I'm on the cover of Leisure Learning this summer

I'm on the cover because I'm teaching the "Do Your Own Will" class.

The Class will run two Mondays from 7:30-9pm Jul 9, 16, and the next session will be two Saturdays from 10-11:30am Sept 8, 15. I hope to see you there. Check it out at LLU.COM.

Another Fun Copyright Case.

This is another fun copyright case. Thanks to my brother for the heads up.
What should I do about FunnyJunk.com? - The Oatmeal:

'via Blog this' More extensive and snarky commentary from Popehat.Com Good Quote: "He does so based on the fiction that FunnyJunk is "a competitor of the Oatmeal in the field of online humor." This is true in the sense that Sting is in competition with the homeless busker singing "Englishman in New York" in the subway." http://www.popehat.com/2012/06/12/hey-did-somebody-say-something-was-going-on-with-the-oatmeal/

Sugar Land artist sues Utah foundry for allegedly copying statue | Fort Bend Southwest Star Newspaper

Did you know that sculptural works are subject to copyright? Interesting story in the Fort Bend Star.

Sugar Land artist sues Utah foundry for allegedly copying statue | Fort Bend Southwest Star Newspaper:

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Bonnet Honkers beware: White Trash Home and Garden: Garden Fashion: The Bonnet

My bride has told a tale of fashion sense and client relations. It's a good read. Enjoy.
White Trash Home and Garden: Garden Fashion: The Bonnet:

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IBM study : Law firm managing partners need to be social media savvy

I've been pushing social media for years. I generally get the response, "what does anyone want to know what I had for lunch?" If that's your social media strategy you are doing it wrong. (unless you are a food blogger.) My experience has been that two of my biggest cases originated from Twitter. Ignoring social media today would be like refusing to get a telephone 100 years ago because it was a passing fad.

IBM study : Law firm managing partners need to be social media savvy:

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Lessons From a Punk Rock Lawyer 3: 5 Simple Clichés for Success

Blogging is important. Blogging is hard. I feel like I'm just repeating tired clichés and not adding anything to the blogosphere. Then I read this great tweet from one of my favorite tweeple, God. "TheTweetOfGod: The first habit of highly effective people is coming up with short lists of clichés and passing them off as wisdom." --http://twitter.com/TheTweetOfGod/status/205076466503909376 So here is my short list of clichés for success on both punk rock tours and law practice. Please accept these as wisdom. 1. Show up. I am amazed at how much success in both law and music is determined by who shows up. I may not be able to determine the outcome of a trial or whether an audience is going to love my band, but if I don't show up I can guarantee a loss. Failure is the outcome if you don't show up. There is also a big component of hanging out. You hire who you know whether you are looking for a lawyer or a guitar player. My goal is to be the lawyer you know or the guitarist standing there when you need a guitarist to jump in. 2. On time. I once lost a month of work at an outdoor summer series because a sax player was 15 minutes late. I had a criminal plea deal fall apart because my client couldn't get out of bed and to the courthouse by 8:00 am. 3. Be prepared. I've seen musicians show up without cables, strings, picks or music. I've seen lawyers show up to court without exhibits, EVIDENCE or proposed orders. You only get one chance at that audience and you only get one pass at the judge. Show up on time and be prepared to impress. It does me no good to be the lawyer you know if I am not prepared to take the case. On tour with Street Dogs, Johnny Rioux asked me if I could play the whistle part on a Dropkick Murphy's tune, Far Away Coast, on that night's gig. I sat down and prepared. It became a regular feature for the rest of the tour. (For the record, I (1) showed up (2)early and then (3) prepared). 4. Do your job. All too often folks get distracted. We focus on the band turmoil, the chaos of the tour, the offensive thing opposing counsel said about our client or whatever and forget to keep the focus on the job we are there to do. As I discussed in last week's post, "There are zombies out there just waiting for you to give them an opening." 5. Don't be an Ass. (with apologies to Wil Wheaton)This is hard for me. I am a lawyer after all. Remember that you want to be the lawyer or guitarist who shows up, on time, is prepared and can do the job. We work with people we get along with. One of the bands that we toured with and just loved was Old Man Markley. They do the first four steps well. They are great players and have a great show but they are also some of the easiest people to work with. Fun, funny and easygoing it is no wonder that they seem to always be on tour. This is my short lists of clichés which I hope you will accept as wisdom.

Lessons From a Punk Rock Lawyer 2: Zombies!

("Zombie Lawyer Makes A Counteroffer", by Jeromy Murphy 2009) One of the best parts of tour is the hours of conversation with tourmates during the hours of tour. There are often long drives in the middle of the night after a show with one person driving and one person riding co-pilot as navigator (and for the safety of keeping the driver awake).
After a week or so you run out of bad jokes and stories and beging to talk about movies
One of my favorite genres is Zombie movies. I love them all from Day of the Dead, I Walked with a Zombie to more recent Shawn of the Dead and Zombieland.
The plots of Zombie movies are a lot like touring.
A typical zombie movie has a group of people thrown together because of the Zombie Crisis. The groups quickly organize themselves into a heirarchy and work together to stay alive. There are roles that every group seems to have: the reluctant leader, the victim /weak link and the trouble maker/antagonizer, the quiet one/loner. For much of the movie the team works together because failure to work together will result in being eaten by Zombies. At some point in every Zombie movie it breaks down and the interpersonal conflicts emerge. Think Shaun of the Dead at the Winchester (gruesome clip which you may want to avoid but you get the point). It's important to remember when you are on tour that the team is the only thing keeping you safe from the Zombies. They will make you crazy-you will want to wring necks and tell them off but for the duration of the tour they are what is standing between you and the metaphorical Zombies.
I tell my business and litigation clients all the time, Remember that the Zombies are out there. Don't fight with your team. Fight the Zombies.
It is easy to get caught up in the moment and forget what matters. In a legal setting what matters is a good outcome for the client. Interpersonal conflict, hurt feelings the like are distractions from the real task. So on tour do the best show you can and take care of your band. When you are fighting Zombies, fight zombies not the other survivors AND when in litigation, keep the focus on the litigation. There are zombies out there just waiting for you to give them an opening.
Touring can be a pressure cooker. It is easy to let the stress of the tour tear a band apart. There is usually at least one day during a tour where everyone decides to quit. A great example of my Zombie analogy happened in my law practice not long ago in a settlement conference. The parties were all present and mostly represented by counsel. As we all sat around the table, my client had been coached to let us on the legal team do the talking but it became clear that the defendant had not. At a particularly tense moment in the negotiation the defendant unloaded an emotional barrage of invective at lawyers generally, me specifically, and people, like my client, who file lawsuits. While defense counsel was busy cleaning up the mess, we swooped like a hoard of hungry zombies. Keep focused on the litigation or we'll get you. (See a cartoon depiction of this episode above).

Lessons From a Punk Rock Lawyer 1: Surrender to the Tour

A typical day on a tour involves hours of travel from one venue to another. Things are both heavily scheduled and loosely planned. Every venue is different. There is usually a call sheet created by the tour manager or the venue's production manager and on a well organized tour it gives you both times for load in (bringing your gear into the venue) soundcheck (putting your instruments on the stage and testing the microphones) and performance. A call sheet will also have information about internet access (essential if your band includes an attorney working from his laptop) buyout (money to pay for dinner) and local accommodation like hotels and coffee. As you can imagine, for a guy like me who bills his day by the tenth of an hour, a well drafted call sheet is a thing of beauty, an oasis of organization in the tumultuous sea that is a typical tour. Unfortunately, it is rare that that the times listed are ever accurate. It is not due to the failing of the tour manager, production manager or the musicians involved. What happens to undermine the schedule is tour, itself. On my last tour we had a musician go to the emergency room, a snowstorm in the Donner Pass which required a stop to purchase and install snow chains and the bridge collapse on the upright bass. This was all in one day. Each thing, beyond anyone's control, pushed the schedule.
Even on days without medical emergencies, blizzards, potential cannibalism or instrument failure I found that much of the day was hard to schedule. You may only be on stage for 30 minutes and you may only get a 15 minute line check before you perform but you spend the other 23 hours and 15 minutes waiting and gearing up for that window. We would often arrive at the venue hours before the show and wait. There is simply nothing that can be done but wait. I realized that with all the moving parts and all potential for chaos that there was simply nothing to do but to surrender to the tour. I'd like a smooth predictable schedule but that is simply not possible with four bands, 22 musicians, five support staff, three vans, a trailer and a converted transit bus driving 3500 miles over five days. So I say surrender to the tour. This was my mantra. Like the AA serenity prayer, I accept that there is stuff I cannot change. I accept it. I made sure everyday that my guitar was tuned and my strings were fresh and my stage costume was clean(at least cleanish appearing). I was where I needed to be when I was needed and then I waited. Surrender to the tour. What a joy to return from the last tour to my orderly law practice and suburban family life where everything is calm and predictable...Right? Of course that is not the case. Life, even in the tightly run, well organized law practice, can be chaotic at times. By "chaotic at times" I mean "generally chaotic", of course. There are simply too many variables in a typical case beyond the control of the lawyer and the client. I tell the story about my wife's first time watching me in court. I told her I simply needed to make a five minute appearance at a hearing, get a judge to sign the order and then I would buy her lunch. I was, in fact, only in front of the judge for five minutes. I waited for nearly three hours because the docket was unusually heavy that day but the part I could control went as planned. Surrender to the tour. In litigation, just like on tour, there are many factors I can't control, but I always show up in tune, dressed to perform and ready to give it my all in that five minutes. Control what I can and as for the rest, Surrender to the tour. Next time, my tour take on team building and zombie movies.

Lessons from a Punk Rock Lawyer: Intro

In a previous life, before law school I was a musician. I toured a bit, worked in studios, taught lessons and played every gig imaginable from festivals and concert venues to house parties and potluck suppers. It was a great time but I got interested in the practice of law, had kids and the idea of living on a bus for months at a time seemed unreasonable.
However, about two years ago I felt a tug back into the life of a musician. I began performing, locally at first, with Houston based celtic rock band Murder the Stout. I say, at first, because we soon got opportunities to tour. We recently toured the west coast for a week with Street Dogs, Matt Freeman of Rancid's Devil's Brigade, and Old Man Markley.
So for a week a middle aged husband and father used to a comfortable suburban existance, traded the minivan suburban life for the punk life. I've been writing up ideas about lessons learned from my experience. What works, what doesn't. I have always handled some entertainment law and it is great to be able to directly relate to what life is like for my clients. At the same time, the stress of touring essentializes and distills the human experience. Touring creates a state of liminality which breaks down existing structures and allows insight that would be hard to get to in the comfort of a suburban office. (All of this academia to say that tour is tough and you have to dig deep at times to keep together. This process is enlightening.) These insights are of course relevant to my clients outside the Punk rock world. People are people. And People on tour are much more intense people. Over the next few postings I'll be adding my insights about life from my time on the tour bus and the insight that it gave me on my law practice. The one phrase that I repeated again and again as a mantra and theme, despite it being a bit "self-helpy" for me was "Surrender to the Tour." That will be the subject of my next post and a fairly consistent theme for me. In the spirit of my mantra, I'm asking you, even thought this series idea of mine may seem silly, to "surrender to the silly idea" and keep reading.

Scam Email Claiming It’s From BBB of Metro New York - BBB News Center

I got an email from the BBB claiming that a customer had a complaint. I take complaints seriously so I did some looking into this. It seemed odd because it was the Metropolitan New York Better Business Bureau office and I practice in the Houston/Pearland Texas area. A quick trip to the website turned up this article:
Scam Email Claiming It’s From BBB of Metro New York - BBB News Center:

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I'm glad I did not click on the link. Phishing scams get better all the time. The email looked just like a Better Business email. Stay safe.

Billie Ray Anspach: Mugshot Hall of Famer Jailed After Allegedly Threatening Six People With Knife - Houston News - Hair Balls

If you are not reading John Nova Lomax's crime writing in the Houston Press you are missing out. This mug shot is a case in point.
Billie Ray Anspach: Mugshot Hall of Famer Jailed After Allegedly Threatening Six People With Knife - Houston News - Hair Balls:

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Best letter ever written to a Lawyer | Edible Apple

I wish I could be this witty in my writing. Thanks to Edible Apple for posting the letter!
Best letter ever written to a Lawyer | Edible Apple:

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