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The Super ‘Secret’ Method I Used To Start My Internet Business Without Quitting My 6 Figure Day Job

September 26, 2016 by stefan

internet secrets

 

So you want to quit your job and pursue the Internet Lifestyle?

If you have decided that striking out on your own on the Internet is the way to go for you like I have, you will have some crucial decisions to make.

In my case I was (am) making really good money at my day job. This is great thing of course but it also can work against you.

It is much harder to quit your job and take a risk on your Internet business when you have all that steady and ‘safe’ money to lose.

That is why I am building my side business before quitting my day job (as of this writing Im still 3 months away from my quit date).

Basically you need to have the day job that pays the bills and work on your side business at the same time for awhile.

So this post is for all you out there who want to to make money online full time but arent ready to give up your steady paycheck yet.

I am going to show you how I am able to juggle both effectively.

In fact with these methods I have recently been given a promotion at work while at the same time growing my side Internet business to the best profits its had so far.

 

Before we get into those tactics lets look at the first two major options for starting your online business.

 

If you are going to quit your job and move into your own thing they are basically 2 main ways to go about it.

 

Method 1: The Burn the Ships Method

burntheshipsThe Burn the Ships Method is the ALL IN route. You have decided what your Internet lifestyle business is going to be and you quit your day job to pursue it full time right away.

 

With this method there is no turning back, its live or die. Many people who have been successful at this swear by it because it really forces you to go all out in your business and do everything possible to succeed.

 

If you do not have a family to support or high living expenses this might be the best route to go.

 

Another reason you might want to do this method is if you REALLY despise your job and just cant wait to get out of there.

 

Even if you don’t have high living expenses, no family to support and cant wait to leave your job, Id still recommend at least having a few months of living needs saved up. I am a little more cautious financially. 

 

Method 2: The Safety Net Method

safetynetThe Safety Net Method is less dramatic way of converting to this lifestyle. With this method you continue to work your day job while you build your Internet business and save money.

 

The benefits are obvious in that you can make income from two sources and build your business while still enjoying your usual lifestyle.

 

Now the drawbacks are you will have less time and more pressure to work on your side gig, so this means quitting your day job and reaching your ultimate goal lifestyle is likely going to be a longer process.

 

If you have a family to support or high living expense the Safety Net Method is probably the best choice for you. Also if you do not completely 100% hate your job/boss then this is choice works because you can stand to wait a little longer. 

 

For me I am more conservative financially, have a family to support and for the most part actually like my boss and job so the Safety Net Method is for me.

 

In this post I am going to describe exactly how I am using the Safety Net Method. These tactics allow you to ease out of your job and have the income to support your lifestyle and living expenses waiting for you in your new ventures.

 

What Kind of Internet Business Will You Have?

The first thing you have to decide is what type of business you are going to have. You need a business that is going to replace the income you make in your day job.

 

You will need it to generate this much income (or at least close) while you are working your full time day job. So how can you make money on your side gig while simultaneously being at your day job?

 

You need to either create and start a business and pay people you trust to run the day to day operations of the business or you need a business that’s income does not depend on your physical presence.    

 

A Good Side Business:

A really good side business for slowly transitioning out of your day job is an online business. How do I know that? Well I have one myself and hits so many items on the checklist.

Now of course its going to depend on what type of Internet business you have but most online projects are going to be more ideal for this than traditional location based business.

 

Lets looks at some of the advantages I have with my online business:

 

Ton of flexibility.

For the most part my work can be done anywhere/anytime there is an Internet connection.

 

Not to big of a burden.

If you want to build your side business to replace your day job you will need to work both at the same time for awhile. It would be tough to keep your day job income if your entire day was consumed with work on the side gig.

So you need something you can build slowly that won’t get you fired!

 

Has potential to make enough money:

makemoneyonlineSince this online business will be replacing your day jobs income eventually (and hopefully surpassing it), it has to have the potential to earn that much.

My primary online business is Internet marketing and sending solid leads from the Internet to my clients who own local service businesses.

 

Right now because of my limited time I only have two active clients. But with just two clients I already average a little more then ½ of what I make in my full time day job.

 

And my full time day job pays me over 6 figures a year.

 

So this online business is clearly a viable business. When I quit my full time day job that is going to free up about 55 hours a week for me (9 hour work days, plus 2 hours round trip commuting).  

 

To put that in perspective I only spend about 4-5 hours a week total on my side company right now.

 

Those hours involve almost zero time in trying to get new clients. (because I don’t feel I have the time to provide them a good service right now)

 

So if I had an extra 55 hours a week to work on my own business do you think I could get just 2 more clients and double my income?

 

Sales is not my strong point but Im pretty confident that it would not be to hard to get 2 more clients pretty quickly. In fact my goal as soon as (or right before) I quit my job is to have 5 clients total to more than match my day job income.

 

That is exactly what you need to do.

 

Figure out how much you need to make monthly to get the life you want or to match your current day jobs income.

 

How do you do that? Create your business and get your first client! You will need to simultaneously run your side business and day job for awhile.

 

After you have established you have a real business (no company is valid without at least one paying customer) then just do the math.

 

How much do you make per month on that one client? You should be able to do some quick calculations and figure out how many more clients you need to match your day job income.

 

The first rule is to keep that first client happy! You should bring a ton of value to them and make sure they are a recurring customer and not just a one off.

 

With just one customer it should not be too difficult to balance their needs with your day job responsibilities.

 

Then get another client and another, until you match or are close to matching what you make at work.

 

I will go into much more detail about exactly what type of side Internet business I have and steps on getting clients in a future post.

 

Getting Super Efficient in Your Day Job

So even just starting out with one client how do you manage to do your full time day job and still successfully run a side business?

 

You need to find time! I have a pretty busy job but work in an office in front of a computer so I have easy access to do tasks for my online business as well.

 

Now no matter how busy we are in our day job if we are being honest we still find time to get on Facebook or Youtube throughout the day.

 

The key to getting things done in your side business during the day is not to randomly jump on and work on it whenever you have 5-10 minutes to spare during your day job.

 

You wont get anything effective done in that short amount of time.

 

Instead dedicate a full 20-30 minutes uninterrupted to ONE important task in your business. During that 20-30 minutes, no phone calls, instant messaging or Facebook just focus on completing that task.

 

I try to do this 2-3 times a day. Instead of like my co-workers who are jumping on and off Facebook, CNN and all the other time wasting sites, I use these dead moments for my side business.

 

But I dedicate 20 straight minutes to it so I have time to get something effective done instead of just busy work.

 

So how do I manage to get 40-60 minutes free time for my side gig while at a busy job?

 

Time Management in Your Day Job

timemanagementonlineYou have to be relentless in your pursuit of efficiency and time management. No one notices I’m working on my side business every day because I get stuff done at my job!

 

In fact I a probably get more done now and I’m a bigger value to my employer then I was before I started a side gig!

 

How can that be? Well I don’t fill my day up with ‘busy tasks’ any more.

I focus on getting the impactful things done first every day.

People usually avoid these types of tasks because they are normally also the most difficult thing to do as well.

 

So they spend all their time (I used to do it to) on unimportant ‘busy tasks’ that are easy but have no real impact on the bottom line important stuff management is interested in seeing get completed.

 

Controlling Your Own Time

As much as possible you have to get as much control over your own time as you can. One of the best strategies for me in gaining back more of my time when I started focusing on controlling meetings.

 

Meetings in the modern day work office are for the most part a complete waste of time!

 

Here is a humorous video from a Ted Talk on this https://www.youtube.com/watch?v=F6Qo8IDsVNg

 

That video pretty much depicts my current job and the last 2 jobs I had before that perfectly on what a waste of time meetings can be.

 

People love to schedule meetings at my job!

 

I used to come into work some days and see 3-4 one hour meetings scheduled in a day. That is ½ of the 8 work day. How are you supposed to get any actual work done?

 

I will post in the future a full strategy on how to reduce the burden of meetings and the time suck they are. But for now here a few tips you can use.

 

  • When someone sends you a meeting so you can answer a specific question, tell them you may be able to help them out right now and ask for a quick chat or email directly.

 

  • Dont automatically accept meetings with no agenda. Email the person back and say “I want to be best prepared to help you, please let me know specifically what you need from me in this meeting agenda”. If your lucky they tell you and you give them the answer and boom your out of a meeting.

 

  • People love to send 1 hour meeting requests, its kind of the default time window. Most meetings should NOT take an hour. If they are well run they can be over in a ½ hour or even 15 minutes. But here is the crazy thing! Many times all the agenda has been covered in a meeting but people will try to stretch out the hour by repeating themselves or filling up time with nonsense. So if someone sends you a one hour meeting request and it looks to you like you could help them quickly respond back and ask them to change it to a ½ hour meeting because “while you really want to help them you have a tight schedule that day”.

 

  • If you absolutely cant get out of a meeting here is another trick you can use. Sometimes the meeting organizer has many teams they need to talk to. You get stuck on the line listening to all this stuff that is irrelevant to you. Contact the meeting organizer ahead of time and request to have your topic covered early. Use the excuse that you have another issue you are working on but you really want to attend and assist them.

 

Dedicating Hours

Maybe you dont have a job like mine where you work in an office on a computer all day and can just switch your time on YouTube watching cat videos to working on your side business.

 

If you have the type of job that requires your full attention during working hours dont give up on your Internet side business.

 

You can still be successful but it comes down to one word.

 

And that one word my friend, is:

 

SACRIFICE

 

Dave Ramsey has a great quote:

“If you will live now like no one else will, later you can live like no one else can.”

 

Now granted I think he means it in a financial planning sense and if you save money and sacrifice some things now you will be able to afford much more later in life.

 

But I apply this awesome quote in the sense that, you are going to have to give up some of your free time and work much harder for a year or two to build your business then if you just keep continuing to coast on your current routine of a day job.

BUT you will be rewarded greatly a few years from now when you can quit that day job and get your free time back.

All those guys who were not willing to make that 1-2 years sacrifice that you did will be stuck in the same job routine forever. 

You can also free up some time by taking advantage of all the software and online tools available to us today. I will write more in depth about this in the future.

One great platform I use to fullfil short term gigs I need done is Alex Beckers Konker.

 

 

Evenings and Weekend Work

hardworkonlinePeople are selling the dream of making money on the Internet everywhere so why arent more people successful at it? Is it a scam? To good to be true?

 

No. The reason is because its not easy! What the gurus are leaving out is that it takes hard work and dedication to make it online today.

 

And that means when you get home from your long day job you get online and start working on your Internet business.

 

Not watching 4 hours of TV until bed time. Not playing video games all night. Not Netflix and chill.

 

When you get home jump online and work! That is what the average person is not willing to do and that is what makes you different.

 

You are willing to work all day and all week at your soul sucking job and then turn around and use your weekends and evening free time to strive for MORE and to build your future freedom.

 

Now I’m not saying you shouldn’t have some down time for fun activities just make sure enough of that free time is dedicated toward building your side business.

 

Because that extra time you put in now is going to give you back complete control over your time. That same precious time that your day job has complete control over now.

 

 So if you are like me and want to use The Safety Net method before quitting that cushy day job, follow these same techniques I have to set yourself all up.

 

Until next time!

Stefan

Filed Under: Internet Lifestyle

Define Your Ideal Lifestyle – The Formula to Knowing Exactly What You Want

September 18, 2016 by stefan

Businessman Thinking

I sat there with kind of blank stare on my face. It was a tough question and honestly one I hadn’t really considered.

He asked me again, “So why exactly do you want to make one million dollars a year?” The person asking was a very successful ‘new lifestyle’ friend of mine named Dave who was mentoring me.

I dont know, I stammered, I guess if made a million a year I would have enough to cover the lifestyle I want and still not have to worry about money?

 

He shook his head slowly. So magically one million dollars is the exact number that gives you the lifestyle you want?

Look he explained, lets say you make roughly $1,000 to $2,500 per month per client right? On your side business you are currently making about $5,000 – $7,000 a month, which is $60,000 – $84,000 a year.

If you wanted to make a million a year income that would be about 35 clients x $2,500 (high end) which is just over 1 million a year.

 

I got where he was going with this. I was able to manage 2-3 clients at a time even with my full time job but not many more.

 

When I quit my job I would of course have more time to get more clients and make more money.

But the main reason I wanted to quit my job in the first place was to have more free time! If I were to go from 2-3 clients a month to 35 I would be swamped and it would totally go against the lifestyle I wanted!

 

Now of course I could hire people and scale up as I go but I’m not really interested in managing dozens of employees as that also goes against my ideal lifestyle.

This conversation is when I first realized you really need to get detailed and specific to the type of lifestyle you want so that you can be in total alignment with it in your work and goals.

 

I have since had this conversation with many people and have realized I wasn’t alone in my lack of planning in this area.

Some people I know are already doing really well financially but they really don’t know what their destination is. In other words they make more money just for the sake of making more money.

When they make more money they spend more money.

There really is no end to it.

On the other hand I’ve also talked to people who like me are exploring this Internet Lifestyle but they are not detailed on what they want and how much they need to make to get them there.

 

So what about you? Have you figured out your exact ideal lifestyle and what it is going to cost you to get there?

I promise you that once you know exactly what you want it will be easier to achieve it because all of your energy and goals can now be in alignment towards it.

 

Since being woken up on this Ive done a LOT of thinking about it.

Below are some techniques and exercises that I have used to give me more clarity on this.

I hope you can use some of these techniques in your own life. Id recommend it be something you do sooner rather than later or you may end up working really hard for years to get somewhere you didn’t want to end up being in the first place.

 

Imagine Your Ideal Day

imagine-successOne great way to truly know the lifestyle you want is to imagine your perfect day. If you had a really, really great day what would it look like?

And I don’t mean a day when your on vacation in Hawaii.

I mean what is your average day like? A typical Monday/Tuesday work day. Why not strive to make your typical, average day amazing?

So Im going to get a little new age with you but calm down this is totally worth it.

 

Close your eyes and imagine yourself waking up to your ideal reality.

What kind of bed are you in?

What does your bedroom look like?

What neighborhood do you live in?

Do you have a view from your house?

Who are you waking up next to?

 

Now think about the clothes you are picking out. What do they look like?

Now you are out in your garage. What kind of car is there?

Are you commuting to your office?

What type of office do you own? Or maybe you work from home?

How many hours do you work and what are you doing?

Do you work solo or have employees?

 

Now work is over and you are heading home for dinner. Imagine your perfect evening from dinner to bed time and everything in between.

 

So that exercise was the typical work day. Do the same thing for your perfect weekend.

 

My Ideal Day Example

Here is my perfect work day.

I wake up around 7AM and wash my face and brush my teeth. That is followed by 5-10 minutes of mindful thought and positive affirmations of how I want my day to go.

I then do 30 minutes of my daily P90X or some other similar exercise.

Next I shower and get dressed in my extremely nice outfit that I laid out the night before. I go out to my backyard in the Burbank Hills that has an amazing view of the city.

 

I relax on a chair and do a few minutes of reading or play with my son before he goes to school.

Now its time to go to work. I actually dont like working from home so I go out to my garage and climb into my BMW. Its a BMW X3. I know not the flashiest car in the world but I have a kid and wife so need to have some practicality with what I drive.

 

I take the short commute into Los Angeles and go to one of my favorite trendy coffee shops. After a few hours there I head up to the Penthouse of the office I share with my brother (luckily this penthouse office part already exists.)

 

It has a rooftop view of Los Angeles. I work from 9AM-12PM and then its time for lunch. I either go with people from the office out or eat the healthy lunch I brought from home.

 

I go back to work from 1:00PM to about 3:00PM. I then go out and hit a new, different spot in LA. One of my hobbies is to explore new places in the city so Im always looking for more time for this hobby.

Around 5PM I head home. After decompressing, I hang out with my son and wife and see how their days went.

 

After a clean, healthy dinner I spend an hour watching TV or doing some other activity with my wife and son. They go to bed about 8:30 and I jump back online and finish anything I missed during the day or plan out my one most important work task for the next day.

From 9:30 PM to 10:00 PM I read in my room or office. I then lay out my outfit for the next day and get ready for bed and off to sleep by 10:30 PM.

 

That to me is a perfect workday schedule and much different to what I have now.

Now I am forced to get up earlier than I want, rushed through the morning to die slowly in 45 minutes of LA traffic and sit at a desk for the next 9 hours.

Only to be followed by an over an hour commute in miserable LA traffic back to my house.

 

Do The Math On Your Ideal Lifestyle

math-ideal-lifestyleOK now it’s time for you to do the Math on your Perfect Lifestyle. How much is your dream life going to cost you?

If there is a neighborhood you want to live in go online and look at houses that just sold recently. Pick out the absolute best house for you. How much did it sell for?

Now you know what you need to earn to achieve this major piece of your perfect day.

Do some research online for the cost of that car you pictured yourself driving? How much to buy it in cash?

What about your family vacations? Will you be taking 1-2, or maybe 3 a year? Estimate all that cost.

Now you figure out how many clients you need to pay for this lifestyle.

You will be able to achieve these things if you know what you want and how much it costs. Because once you know those two things you will know exactly what it takes to achieve it.

Just dont stop getting clients/selling products etc until you have that magic number you need to pay for your lifestyle.

 

My Lifestyle Math

So with a little bit of work and thought I already roughly know the cost of most of my ideal lifestyle. This is very important!

If you want to own a luxury car or a nice house dont just think to yourself “maybe someday”. Do some research, put pen to paper and figure out the cost of this life so you know exactly what you need to do to reach that ‘someday’.

The neighborhood I want to live in is called ‘The Burbank Hills’. I already live in Burbank so I know this is an expensive area.

So what you want to do is find a house you want to live in that’s for sale in the neighborhood you want to be.

Here is my example in Burbank

http://www.zillow.com/homes/for_sale/Burbank-CA/pmf,pf_pt/20060581_zpid/396054_rid/34.260337,-118.157788,34.103845,-118.492871_rect/11_zm/

 

Now my actual dream home would probably be with an Ocean view but I want to be realistic.

When I say realistic I dont mean what Im capable of affording I mean this isn’t just a fantasy for myself but a place I could realistically live with my family as well.

 

We already know we love Burbank, CA as a place to raise my kid so I wouldn’t force them to move to the Beach just because that is what I want (and could now afford)

 

So it looks like the kind of house I want in the neighborhood I want to live in is between 1.2 and 1.7 million. So lets call it 1.5 million. That is about 3xs the cost of my current place. My mortgage is roughly $3 grand a month so that x’s 3 = $9,000 a month!

 

Now of course Ill be paying a crap load of taxes with this being California and other costs so lets go up to $10,000 grand a month.

Not going to lie this sounds mind blowing to me to pay that much money every month. BUT my average client is $2,500 a month. So that means I only need 4 clients to pay for my dream house.

What if I wanted to buy the house outright? Id hate to be stuck with monthly payments that big.

Well at $2,500 a month and $30,000 a year per client that would be a whopping 50 clients I would need to pay it off in one year.

I already know that is more clients than I want so I would likely save for a year and put a huge down payment down first lowering the monthly payment.

(note: I believe in not overpaying for things even if you have the money so I might consider renting this place and investing the money instead but for the purpose of this exercise we will say I’m buying it)

 

Now with my car I already have a BMW X-1 so I’m familiar with this cost. A BMW X3 is only one model above what I drive now (again not a big car guy) and is roughly $40 grand.

 

So 5,000 x 8= $40,000 which means I could buy the car with 8 months of payment from 2 clients.

 

Or to buy it outright in 2 months I could do (8 clients x $2,500 for 2 months = $40,000.)

I would do this for everything in my ideal lifestyle.

 

For example my ideal lifestyle on vacations is 4 a year.

 

3 locally and 1 international.

The same process of breaking down roughly how much that costs for a 4 a year. Figuring out how many clients/products are needed to pay for it and work towards that.

 

RECAP

Can you see the power in this method? Most people just stagnate once they hit a certain level in their business.

Others do the opposite and keep working hard to grow and make more and more and more without ever thinking about what all the money should be going to!

It should be going to the ideal lifestyle you want. And I assume that includes lots of free time.

So if you do the math on your ideal lifestyle and it includes too much time investment in work you may need to re calibrate.

Either lower the expense of your life or find a way to expand your business and make more money without devoting all your free time to it.

 

Filed Under: Internet Lifestyle

Why I am Quitting My 6 Figure Job To Pursue an Internet Lifestyle

September 12, 2016 by stefan

 

escaping the 9 to 5

If you are reading this article Id like to welcome you to my first post and hopefully the start of many more to come.

First let me tell you what this site is about. Its for people who are like me or are in a position I have been in. 

You know why? Because that is what I know about. I will never be giving advice on something I have not actually accomplished myself.

For example I have not personally made a million dollars so I wont be giving advice on that (until I do). I also don’t have a 6 pack like the guy in this picture so wont be giving advice on how to get shredded.

All of my articles will be from personal experience.

 

So is this blog for you?

Well do you have a decent career and make good money but you feel like you are missing out on something bigger or could be doing more in life?

Do you have a career that makes you enough money for a comfortable lifestyle but robs you of all your free time?

We live in exciting times where Technology, along with some research and hard work have created opportunities for people to quit their 9-5 day jobs and start a life where they are in more control of their time and the amount of income they can make.

This opportunity of escaping the 9-11 hour (with commute) daily grind of working for someone else is an intoxicating idea.

You have seen the Internet Marketing gurus living the good life like Tai Lopez or Pat Flynn from Smart Passive Income.

And you imagine what if you had more time to do things you want to do?

What if you could pursue the activities in life you actually enjoy?

What more could you do with your time if you didn’t have to work 5 days a week and only have 2 to yourself?

 

My Story

Here is my story. I actually have an amazing job. I’ve been working in IT for almost 15 years and have reached a very Senior level position. I make over 6 figures (not bragging, just giving context), work with great people and a fun company.

My employer is one of the largest and well know Film and Television studios in the world and I work every day right on a real live Hollywood studio lot right here in Los Angeles.

Really sometimes I am walking around the studio lot and have to ask myself ‘How the hell did I get here, this is awesome!”.

Sounds great right? But here is the problem.

Before I started working at this awesome company I already saw the Matrix. I don’t mean seeing the actual movie the Matrix but the modern American work lifestyle that I relate  the Matrix movie to.

 

If you dont remember the infamous blue pill vs red pill scene, here it is

https://www.youtube.com/watch?v=zE7PKRjrid4

Morpheus: It is the world that has been pulled over your eyes to blind you from the truth.

Neo: What truth?

Morpheus: That you are slave Neo. Like everyone else you were born into bondage. Born into a prison that you cannot smell or taste or touch. A prison for your mind.

Unfortunately no one can be told what the Matrix is. You have to see it for yourself.

Morpheus: This is your last chance….After this there is no turning back. You take the BLUE pill, the story ends and you wake up in your bed and believe whatever you want to believe.

You take the RED pill, you stay in Wonderland….and I show you how deep the rabbit hole goes…(NEO reaches for the red pill)

Morpheus: Remember..all I’m offering is the truth….

 

So here is how I match this analogy from this amazing scene for my purposes.

 

The Matrix is this default world of work and life that we are all trapped in that says, study hard then go to Corporate America and slowly climb the ladder for 30 years, until you either fall off or reach the top and then retire/die.

 

The Blue Pill is choosing to continue on the path of not exploring anything new or different but just going with the default options. When you see someone having success online or with a new age business you say “they got lucky”, or “they are just better at that”, or “that would never work for me”. So you go back to your daily grind/routine and only allow yourself to daydream of this lifestyle every once in awhile.

 

The Red Pill is choosing to open your eyes to new possibilities. Rejecting that the default plan to work for someone else the rest of your life is the only option for you. To look and listen to the people living this alternative lifestyle and saying, “If they can do it, well so can I!” “they are not necessarily smarter or luckier than me they just kept at it until they reached their goals”. Taking the Red Pill is making the decision to explore this possibility for yourself.

 

Morpheus is that person that has seen and is already living the possibilities you aspire to. Maybe you have a friend who works from coffee shops all day, travels when he wants to and never has to deal with commuting to an office everyday during soul crushing traffic jams. Or maybe you do not know that somebody personally but you follow someone online who is living that life you aspire to.

 

That is what happened to me. First I discovered the book the “4 Hour WorkWeek” by Tim Ferris. This is the first thing I remember coming across that opened my eyes to the possibility of not having to just do the default life and work path that society has laid out for everyone.

 

Next I found online these people who were living these incredible new age entrepreneur  lifestyles. And when I say “incredible lifestyles” I don’t mean driving nice cars and living in nice houses (although that can be awesome to lol).

 

What I mean is they seemed to have complete control of their time and how they choose to spend it. People like Pat Flynn, John Lee Dumas, Alex Becker and others had created their own online business in a (relatively) short amount of time.

 

They had control of their business, their income and most importantly their time!

 

You see no matter how high up you get on that Corporate ladder you are still leaning it up against someone else’s wall and they have control of you and how you spend your time.

 

Time is our most valuable commodity. We can make more money but we can’t make more time. And when your are working for a company 8 hours a day, 5 days a week for 30 years you are giving away life’s most valuable asset.

 

You are giving away your most valuable asset.

 

How did I get here

career-internetI think it was already politically incorrect by the time I graduated High School but if there was a “Most Likely NOT to Succeed” category I for sure would have been on the contenders list.

 

I grew up with very little parental guidance and as a consequence did not care much about school.

Luckily I had always been an avid and voracious reader so with that I was able to (barely) get through High School even though I gave very little effort.

 

After High School I took a few Community College courses (mostly to meet girls) and held just above minimum wage jobs with decisively little room for growth.

 

A few years into that I got extremely tired of having jobs that paid so little and were barely enough to get by. So I decided to start studying computer support on the side.

 

This was amazing timing right before the dot com boom where there was such a demand for IT knowledge that all you had to do was pass a few certifications to get hired somewhere.

 

I talked my way into my first Tech job with no experience and a couple of Microsoft certifications under my belt. Over the next 10 years I completely dedicated myself and made up for all those years of being a screw up.

 

On evenings and weekends after work I would study and work overtime which allowed me to quickly make my way up the IT ladder into more Senior level positions.

 

Fast forward to today and for the past 4 years I have worked at pretty much a dream IT job here on a Studio Lot in Los Angeles for one of the worlds most famous entertainment empires.

 

My boss is cool, the pay is incredible, the work is good and I even just recently got another promotion and another bump up in compensation.

 

So what’s the problem? Well the problem is I have already taken that Red Pill.

 

Like NEO I know there is more out there, that others have seen but I’ve only caught glimpses of. I WANT to go down that rabbit hole and see where it leads!

 

I have seen the dream of working for yourself and controlling your own time for myself and now there is no going back.

 

No matter how great my job is and how much it pays its just not worth the time cost to me to work for a company, not any company.

 

I commute an hour to work and an hour and a half back home. We have a 9 hour day with lunch so that’s over 11 hours a day, 5 days a week my time is controlled by someone else!

 

For that 11 hours a day I have about 5 hours of free time for myself and family (not counting sleeping).

 

For those 5 days a week of work I get just 2 on the weekend to have fun and take care of all my personal business (and sometimes I have to work for my company on the weekends).

 

For those 50 weeks of work a year I get 2 weeks off for vacation where I try to jam all my travel plans into.

 

Besides all that when you are in high level engineering you are expected to participate in an “on-call rotation”. Meaning they can call you anyplace, anytime and you have to drop everything you are doing and work.

 

My friend LJ Young who is also an engineer sums up what a pain in the ass this is in the video below:

 

And that is what my main reason for looking at other alternatives to income is. It comes down to getting my time back.

 

What is my escape plan?

For about the last 3 years I have been making money on the side with online projects and business. I am only able to dedicate about 4-5 hours a week on this since my day job and family keep me so busy.

 

Not going to lie. This has been difficult. Many, many of my attempts have failed and I have wasted countless hours going down rabbit holes that came back with no results.

 

But I did not give up! With a full time income at my job it wasn’t much for me to lose some money and time to try to achieve this on this side.

 

My first substantial success came with helping someone else business out, not my own.

 

I have a family member who owns a successful Law firm in LA along with his law partner. They were doing well but almost NONE of their leads came online or through their website!

 

They were getting all their clients just from word of mouth and offline networking efforts.

 

I made a deal with them that I would generate leads for them using Internet Marketing and they would pay me only per lead.

 

It was a great plan for me because I could put into place all I learned and it was great for them because they were only paying me per actual lead.

 

Want to guess how much my first paycheck with them was after the first month of hard work?

 

It was $88 dollars….needless to say it was less than I expected…BUT I was actually pretty encouraged. (I wish I still had the picture but dropped my Iphone with pic in the Ocean!)

 

If it was even possible to make $88 dollars I reasoned that could turn into more. It showed that what I was doing could produce income.  Now it was just a matter of figuring out how to scale it.

 

Progress was slow. The next month it jumped up to a few hundred dollars. 6-8 months later it was regularly in the thousands. Now as of this writing it averages about $5,000 a month with a few $7,000 and $8,000 dollars months here and there.

 

When it reached a few thousand a month is when I really realized the potential of this. After all this was really only one client (their firm).

 

If I can make $5,000 a month with just one client all I needed was 2 more for $15,000 a month! That would more than match my income from my job and I could quit!

 

But here is the issue I’m having. I barely have time to work on this Internet Marketing stuff between my full time job, my family and friends and living life.

 

Even with my one existing client that is generating the majority of my Internet Marketing income I only spend about 4-5 hours a week working on his stuff.

 

So the answer is obvious… I need to quit my full time career and focus my full time efforts on my own business.

 

And that takes us here and why I wrote this post….

 

The Goal of this Blog

internet life goalsMy goals for this blog are mainly 2 fold.

 

The first is to publicly hold myself accountable to quit my current job/career in 6 months. (January of 2017) So I can pursue my dream of owning my business and having control of my time and lifestyle.

 

The second is to give an inside step by step look to others who are interested in pursuing this lifestyle and  hopefully inspire them to do the same.

 

There are tons of great blogs out there like Smart Passive Income and Charles Ngo that talk about how they quit their day jobs, started an online business and took back control of their own time.

 

But most of these guys have a similar story. They typically started in their early twenties and did not make much money in their day jobs or had not established themselves in another career yet. And you dont typically hear about them until after they have already had success online. 

 

My story is a bit different. I did not really “discover” this online lifestyle possibility until I was in my late thirties. I worked for years diligently in my career field to build myself up to that ‘6 figure income’ most middle class Americans aspire to.

 

There really is no financial desperation aspect to my situation. I could just continue on like this for the next 30 years and retire safe and sound in my sixties and wait to die like everyone else.

 

But.. for me it’s not that I am in desperate need for more money or hate my job. Its just that the Internet lifestyle has opened my eyes up to the fact that the default career path I am taking is robbing me of the best years of my life.

 

For example I spend 40 hours a month just commuting to and from work! Let alone the 45-50 hours a week spent at work.

 

I know they are others out there like me and that is who this blog is for.

 

You are in your thirties, forties or even fifties and you already have a good career but you want to try something else. Something that gives you the income you need but more importantly gives you your time back and affords you the opportunity to lead your ideal lifestyle.

 

I will also be documenting this transition to online success as it happens! I have not yet quit my day job and no where close yet to my online goals.

 

I want you to see the steps to the destination not just the final outcome like we see with so many well know people who have had great success online already.

 

 

What you will get out of this blog

This blog is a journey we are going to take together. I will be documenting how I am going to take my side business (with just one real client) and use it to replace my 6 figure income from my job. I will also be quitting that 6 figure job and career in the next 6 months. 

 

My goal is the end of January 2017. Its very scary but I hope writing this blog and sharing my story with you will help me with the courage I need to make this final step.

 

Along the way Ill share my wins,losses, philosophies and lessons. And I really hope to hear from you and others like you.

 

You have worked so hard for the success you have now but you are ready to go out there on your own and really take your work and life to the next level!

Filed Under: Internet Lifestyle

Protecting Your Trademark In a TTAB Proceeding

July 27, 2015 by stefan

 

 

I have another article I wrote specifically on Trademark Oppositions you might find helpful.

 

FULL TRANSCRIPT OF Video

Hi everybody, and welcome to Lawyers Rock, your TTAB lawyer.

Today, I am going to talk about a topic that is very specific, but if you’ve gone through one of these before, or if you are going through one right now, you will appreciate the information I have for you.

I’m talking about TTAB proceedings, which are appeal processes that occur during the trademarking process with the United States Patent and Trademark Office (USPTO). They can occur either after the USPTO green-lights your application for registration, during the opposition period, when third parties can challenge registrations, or a third party can discover your registered trademark and they want to have your registration canceled!

So what do you do if you get notice that one of these proceedings has been filed against you?  We’ll go over that in this post, plus I’ll give you a few helpful tips.  Lets Rock!

 

What Exactly Is a TTAB Proceeding?

There are two types of proceedings before the Board, an ex parte (one party) appeal from the denial of a trademark application for registration by an examining attorney, and an inter parties (more than one party) proceeding, primarily oppositions and cancellations. This post focuses on the latter.

 

TTAB Opposition Proceeding

An Opposition proceeding occurs when a third party files a Notice of Opposition during your application’s Opposition Period, which is when the USPTO publishes your application in its Official Gazette after it gives your application its internal blessing.

In general, by a third party filing this notice, they are taking the position that even though the USPTO does not have a problem with your application, they do because approving your mark for registration would cause a conflict with their mark. The most common claim is that the existence of both marks in public would likely confuse people as to the source of the good or service.

For example, if someone wanted to secure a trademark for their fast food restaurant called McDowell’s (where are my Coming To America fans?), or if someone wanted to secure a trademark for their coffee house called Stars and Bucks, guess who would probably file a Notice of Opposition?

You may be alerted beforehand that someone is going to oppose your mark if you receive a Notice of Extension of Time to Oppose. This is pretty much what it sounds like. If someone wants to file an opposition but they need more time to file then they will file a request to extend its time to oppose.

There are guidelines for how many extensions will be granted and how long the extension will be, but as long as the opposing party timely files a request, TTAB will grant the first extension. The first request of thirty (30) days will be granted on request, without a showing of cause. Alternatively, the first request of ninety (90) days will be granted upon a showing of good cause.

 

TTAB Cancellation Proceeding

A Cancellation proceeding occurs after your mark is registered. Yes, even after your mark is registered there is still a chance that someone can come along and cancel your registration. Common claims include the likelihood of confusion, an issue with the registrant’s ownership, or the registrant is no longer using the mark (abandonment).

This can be very detrimental since you have likely started to build your brand.  Basically, someone is saying…wait USPTO, this mark should not have been approved and we missed our chance during the Opposition Period. There are a few reasons why a company would file a Petition To Cancel an existing mark.

I have seen it used by corporations as a strategy to stop a competitor. Winning the proceeding is not always the goal. These proceedings are expensive so an evil petitioner may try to just bleed a smaller mark owner dry with legal fees. Sad but true.

 

What Do You Do When You Receive a TTAB Notice or Petition?

The first thing you really need to do is review the pleading (Notice of Opposition or Petition To Cancel) to understand the claims and issues and see if they are valid. You will need to consider things like:

  • Is your mark really similar to the opposing mark?
  • Was the opposing party’s mark used in commerce before yours (i.e., were the goods or services related to the opposing party’s mark sold interstate before your good or service?)
  • Are the international classes and/or descriptions of services/goods similar or the same?

There are many things that you should analyze to determine whether the opposing party’s claim is valid.

Some companies file these TTAB proceedings to frustrate you or to see if it will go away.  This may be more about business strategy than it is about legal rights, such as an attempt to eliminate competition. You can find out if the filing party has a history of doing this by doing some research.

 

Next, do not miss your deadlines! You have to understand that the filing party really has nothing to lose until you file your answer to the claim. If you fail to file an Answer then the filing party wins by default.

You can either file an Answer on your own, get advice from an attorney who can help you draft it and then you file it on your own name, or you can hire an attorney who files it on your behalf and becomes the attorney on record for the matter. I strongly advise the latter two…secure counsel in some capacity.

Be aware that these proceedings use the Federal Rules of Civil Procedure, Trademark Law, and Trademark Rules and Procedures so these proceedings can get complicated.

There are pleadings, disclosure requirements, discovery (depositions, interrogatories, requests for production of documents and things, and requests for admission), motions, briefs, and a trial.

Also, determine early whether or not to fight a proceeding!  I have seen the gamut…people who have chosen to ignore notices of opposition and they forfeit their application, I have seen people try to defend themselves and get buried by discovery (paperwork) from the filing party’s attorney, and I have seen people get stuck in a fight that lasts 6 or 7 years, which is very costly and leaves the business associated with the mark in limbo.

In my opinion, settling these matters is usually the best solution for both parties, regardless of the stage.

 

How Do You File and Perform Research?

TTAB proceedings are primarily filed, maintained, and viewed online. Documents are filed through the ESTTA system and documents are viewed through the TTABVue system. You may also want to look at prior Decisions by the TTAB.

 

You obviously filed a trademark application to protect your brand so don’t let the TTAB proceeding just automatically derail all your efforts.  Sometimes it is worth fighting for your mark…sometimes the fight is not the best solution for your business as a whole. However, you need to do the analysis to determine that answer.

I hope you find this video helpful.  If you have any questions, please leave me a comment or contact me.

 

Filed Under: Branding

The Best Elevation Workout Mask

July 19, 2015 by stefan

best workout mask

elevation workout mask

It has been a long held belief in physical fitness circles that training from high altitudes provides significant benefits in comparison to training in low altitudes.

 

Among these touted benefits include improved stamina and endurance, increased cardiovascular ability and even increased red blood cell count.

 

Science aside (there’s a whole plethora of scientific controversies over these claims), most fitness enthusiasts do believe that high altitude training significantly increases their overall performance. As a result, many are always on the look out to train from higher altitudes.

 

The only challenge is that not everyone has access to higher altitudes. As such, many products have begun emerging to provide higher altitude – style training experiences to people who live at normal attitudes. They do so by simulating the environmental conditions which are characteristic of higher altitudes.

 

One such a product is the Elevation Workout Mask 2.0.

 

What is the Elevation Workout Mask 2.0?

Elevation Training Mask 2.0 is a mask which is designed to simulate elevation during exercise. It is worn over the face – covering the nose and mouth – and simulates elevation by controlling the amount of oxygen you breathe in. Elevated attitudes are known for their significantly lower oxygen levels than lower altitudes. This mask, when worn, offers a breathing experience which is similar to the ones experienced by people at higher altitudes. When worn during exercise, the mask can offer a work out experience which simulates working out at a higher altitude.

 

The Training Mask 2.0 is actually the follow-up to the Elevation Training Mask 1.0. Its predecessor (the Training Mask 1.0) sparked off controversy with its rather dystopian novel look and its sensational claims that it can increase red blood cell count.

 

The Training Mask 2.0 is much improved. Its coverage of only the lower part of the face makes more user-friendly (and less other-worldly). Its touted benefits have also been toned down (there’s no mention of red blood cell count on its promotional materials).

 

How Does It Work?

The Elevation Training Mask 2.0 uses a combination of valves and plastic caps to control the amount of air you can breathe in. There are a total of 3 valves and 7 plastic caps which are used in combination to simulate different levels of elevation. There are three major settings i.e. simple, intermediate and advanced. These settings correspond with the user’s level of physical fitness and their workout targets.

 

The mask is worn over the mouth and nose, and secured using a strap which runs to the back of the head, holding it firmly in place. When worn, the Training Mask 2.0 makes breathing increasingly harder. As such, it causes the diaphragm work harder to breath in oxygen. When combined with exercise, it also causes the lungs to stretch much further in order to absorb enough oxygen. All these can have numerous benefits.

 

What Are Its Positives?

The Elevation Training Mask 2.0 can actually offer some of the benefits associated with exercising at elevated attitudes. Among these benefits include increased lung and cardio-vascular capacity, heightened energy production, improved oxygen efficiency and better mental focus.

 

These can ultimately lead to improved stamina, endurance, muscular metabolism and cardio-vascular performance. Basically, this mask can greatly boost your physical exercise experience.

 

The Training Mask 2.0 comes with three different levels of setting. The settings simulate different levels of elevation. This makes it handy for people at different levels of physical fitness. It also makes the mask flexible enough to adjust to a person’s exercise needs.

 

For those who prefer jogging in cold conditions, the Elevation Training Mask 2.0 can be invaluable. Running in wintry conditions can be quite a challenge, especially with the cold penetrating into your nose. This is not only unpleasant; it can be a potential health hazard. This is where the mask comes in handy. It can create a nice warm chamber for your nose and mouth – not only offering comfort and protection, but also providing potential cardio-vascular benefits.

 

The Elevation Training Mask 2.0 has a simple, distinct design which makes user-friendly and effective. One of its major improvements over the Mask 1.0 is in terms of peripheral vision. This makes it handy and safe for engaging in exercises which require peripheral vision e.g. O-lifting, box jumps, muscle-ups, pull-ups and handstand push-ups.

 

The mask comes in three different sizes i.e. small, medium and large which means that everyone can find the perfect size. There have been complaints by some customers who have selected the wrong size – specifically those who have selected masks which are too large. As such, it is important to check out the size specifications to make sure you select the right one.

 

No matter what size you select, the Elevation Training Mask 2.0 is small and handy enough to easily carry around. You can easily tuck it into your gym or training bag, or store it in tight spaces like the glove compartment in your car. Basically, this mask is small enough not to provide any storage problems. You can easily add it to your collection without having to invest in extra storage.

 

What Are Its Downsides?

The greatest weakness of the Elevation Training Mask 2.0 is in changing its settings. As mentioned earlier, there are 3 valves and 7 plastic caps which must be used in various combinations to achieve different settings. Mastering these combinations takes time. On the positive side, the mask comes with a detailed video instruction for setting different combinations. However, when you are in the middle of a training session and have to change settings, pausing to watch the video is rather impractical.

 

The Elevation Training Mask 2.0 is also quite difficult to clean. During training (especially vigorous workouts), sweat and saliva can get into the mask. Taking it apart and cleaning requires some effort. At least it is not as easy as you would have hoped.

 

The Training Mask 2.0 has a look which is somewhat alien in the world of physical fitness. Some have compared it to costumes of Bane or Batman, or even Dr. Hannibal Lecter’s mask. As such, the mask is likely to draw unsolicited attention especially when used in a public place. If you are not comfortable drawing such unwanted attention, then you will be restricted in where you can exercise with the mask on.

 

Pros And Cons of Training Mask Summary.

Pros

It provides some of the benefits of training at higher altitudes

It has a simple design which makes it comfortable and easy-to-use

It comes in three different sizes which means that almost every one can find their perfect size

It has three different levels of difficulty which makes it perfect for people at different levels of physical fitness

It can provide comfort, safety and protection for people who are jogging in wintry conditions

It is small, handy and easy to store

 

Cons

It is difficult to change the various settings

It is difficult to clean

Its strange appearance is likely to draw unwanted attention

 

Instructional Video Workout Mask

Below is a helpful instructional video that shows how put on and use the workout mask.

 

The Verdict: Is It Worth It?

The Elevation Training Mask 2.0 certainly provides some of the benefits of high altitude training. However, it is not the silver bullet most people claim (or hope) it to be. The claims made in some Elevation Training Mask 2.0 reviews about boosting red blood cell count are unproven. Until scientific studies prove such claims, it is important to take them with a grain of salt. But then, the mask does provide some tangible benefits as mentioned above.

So, is it worth it? Well, it depends. If you are looking for a short-cut to improved fitness, endurance and stamina, then this product won’t help you (in fact, no product can). If, however, you are looking to enjoy the benefits of high altitude training, and are willing to put in a good shift, then the Training Mask 2.0 will be a valuable asset.

Ultimately, the mask won’t solve your problems (or meet your goals) by default. It will, however, super-charge your training, and enable you to meet your goals faster than you would have met them if you hadn’t used it.

 

Filed Under: Elevation Training Mask

How To Protect Your Online Brand with UDRP Proceedings

April 8, 2015 by stefan

udrp protection onlineSo you’ve found the perfect name and branding for your business, registered the trademark with the USPTO, and now you’re ready to register the domain name.

Or perhaps your business is already well established and you’re preparing to finally create a significant online presence.

But wait, what’s this?  Someone has already registered the domain name that matches your trademark in anticipation of your business needs and they won’t release it to you without a hefty fee in return.

Is it back to the drawing board to reinvent your brand?

Are you destined for a long, drawn-out legal battle that could end up costing more than just paying the person the ransom?

Or do you have some other option at your disposal?

“Cybersquatting” has been a problem for businesses of all sizes for as long as the Internet has been around.  It refers to the practice of registering, selling or using a domain name with the intent to profit from the goodwill of someone else’s trademark.

Often, cybersquatters register domain names in bulk to take financial advantage of mark owners, or to create problems for their business competitors.

Fortunately, the Internet Corporation for Assigned Names and Numbers (ICANN) has a solution for businesses whose trademarks have been registered as domain names without their consent: Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceeding.

 

WHAT IS UDRP PROCEEDING? HOW DOES IT WORK?

A UDRP proceeding is an alternative to traditional litigation that has been available to trademark owners since ICANN first launched the alternative dispute resolution program on December 1, 1999.  The National Arbitration Forum (FORUM), an international dispute resolution provider, or the World Intellectual Property Organization (WIPO) handle such disputes.

Since the inception of UDRP proceedings, FORUM has handled over 20,000 such disputes from over 40 countries, while WIPO has handled over 30,000 such disputes among its 188 member states. 

UDRP proceedings apply to legacy top level domains, like .com, .net and .org, some territory code top-level domains, like .asia, .eu, .uk), as well as to the over 400 new generic Top-Level Domains (gTLDs) recently released, such as .aero, .biz, .cat, .coop, .info, .jobs, .mobi, .museum, .name, .pro, .travel and .tel. (ICANN plans to introduce 1300 new gTLDs in the coming years…if you didn’t know it, there is a way for you to essentially own a piece of the Internet by registering a gTLD!).

When a registrant chooses a domain name, organizations like ICANN, NeuStar, IMC Registry, and New.net require that they “represent and warrant” that registering the name “will not infringe upon or otherwise violate the rights of any third party.”

In the event that a third party claims infringement on their mark, the registrant is required to participate in an arbitration-like proceeding to settle the dispute.

In order to have the domain name transferred to the trademark owner, the challenging party must file a complaint with either WIPO or FORUM.  The party that has registered the domain at issue has 20 days to file a response. If no response is filed, then the deciding panel will only consider the challenging party’s submission.

Once a panel is assigned to hear the case, the challenging party must prove the following three elements:

  1. Identical and/or Confusingly Similar: The domain name registered is identical or confusingly similar to a trademark or service mark in which the complainant has rights.
  2. Right or Legitimate Interest: The registrant has no rights or legitimate interests in respect to the domain name.
  3. Registration and Use in Bad Faith: The domain name has been registered and is being used in bad faith.  The panel will consider, among other things, whether the domain name was registered primarily for the purpose of selling or transferring the domain name to the complainant, disrupting the business of a competitor, or to create a likelihood of confusion with the complainant’s mark.

 

WHY SHOULD YOU INITIATE A UDRP PROCEEDING?

In today’s tech-based world, domain names are essential and valuable assets that allow customers to easily identify and interact with your business.  Someone improperly using your mark can create a whole range of problems including customer confusion, damaged reputation, and decreased sales.

 Owners need to take the necessary steps to protect their businesses and profits.  Legal battles can be costly and time-consuming for businesses of any size, but they are especially detrimental to smaller businesses with limited capital so UDRP proceedings are a welcome option.

 UDRP proceedings offer a relatively quick and inexpensive internationally recognized resolution by a panel of neutral experts.  FORUM and WIPO work with all parties, including registrants, to guide them through the process. These proceedings offer many advantages over litigation, such as:

  • Claims can generally be initiated for as low as $1300.
  • Decisions are often reached in as little as 30-45 days from time of filing.
  • Panelists can conduct the proceedings in over a dozen languages including English, French, Japanese, Spanish, Russian, and Chinese.
  • The procedures follow established rules and policies, and are decided primarily by intellectual property lawyers with vast experience in trademark, copyright, and e-commerce, and
  • In many jurisdictions, parties have the option to end the arbitration proceeding and file a lawsuit if something unexpected or urgent comes up. Parties also have the right to appeal a UDRP decision in a court with competent jurisdiction.

So, if you’re faced with a cybersquatter who is holding up the progress of your online initiatives and you have a strong position  (i.e., you own a registered trademark), you may want to consider initiating a UDRP proceeding and take back what’s yours!

Thank you to Brett Greshko, M.E.T.A.L. Intern, for your help with this blog!

Filed Under: Branding

Your Guide To The Fair Use Doctrine

March 30, 2015 by stefan

 

fair use doctrineSo recently  I have been asking you guys what subjects you want to know more about. Thanks for all the feedback! I want to make sure we are getting you the information you really need to remove some of the confusion surrounding legal and business topics in the Entertainment industry and help you always move forward.

Understand that some topics are just too complex or specialized to summarize in a post so I choose ones that can be informative to as many of you as possible.

That’s why I’m excited to bring you today’s post. It’s contains some answers to a topic I get many questions about.

The topic is the Fair Use Doctrine as it applies to copyright law, trademarks, and right of publicity, which can be confusing even to some attorneys.

The purpose of Fair Use is basically to allow creators of new work to use pre-existing work if it is part of their creative process as opposed to having an intent to piggy back on the success of the pre-existing work, so there is no requirement to obtain clearance from the owner.

In other words, you may be able to use existing copyrighted works, trademarks, and images of people if they are an incidental part of your music or scene; if it is for educational purposes; or if you are doing an obvious parody (i.e, like Saturday Night Live Skits or Weird Al Yankovic).

For all you legal buffs out there who like to read about behind-the-scenes lawsuits involving pop culture, Google 2 Live Crew “Pretty Women” vs. Roy Orbison’s “Pretty Women” (the actual case is Luther Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994). Fascinating reading…although if you get offended easily you may not want to download 2 Live Crew’s discography.

Now fair use sounds great but it can be pretty tricky. Only certain situations fall into this category so you can get into some trouble if you apply it incorrectly. You really need to understand how to do a proper Fair Use Analysis to see if your particular circumstances fall within the criteria.

In the video below am going to go more into what the Fair Use Doctrine is, and how the analysis generally works. Hope you enjoy the video. For those who prefer reading I have a full transcript of the video at the bottom of this post.

 

Fair Use Doctrine
– Transcript –
Hi everybody and welcome to Layers Rock. Today I thought I’d tackle a subject that I think is going to appeal to a lot of people. Whether you’re a television producer, an Indie film maker, or an online content creator, everyone seems to be interested in when the fair use doctrine applies, in other words, when a protectable element is captured in a video like a company’s trademark, artwork, or video clip, and you may not have to get a clearance from the owner of the pre-existing element because your situation satisfies one of the fair use doctrines.

Now, fair use can be a very tricky subject because it applies when there is an legal infringement, BUT the situation qualifies as fair use. So we’ll go through some of the guidelines and hopefully after viewing this video, you’ll have a better understanding. So let’s rock.

Before we jump into talking about fair use, I want to make sure you understand that I believe you should try to clear as many elements as you can in your content. You should try to get agreements, releases, consents, and waivers so that you have all the rights needed to show your content. I don’t want you to say “oh, some guy on YouTube said I don’t have to clear anything.”

That’s not fair use! Fair use is an analysis that can be used in clear cut cases or as a secondary option if you discover an element in your footage that is owned by another. You may want to go through the fair use analysis to see if you really need to obtain approval. And understand that it’s always judgment call!

Okay, so now that I have said my legal disclaimer, let’s jump into it, starting with copyright fair use.

 

COPYRIGHT FAIR USE

When you’re talking about things that are protected by copyright law, you’re talking about things like your script (dialogue for your characters), set designs, such as the artwork that appears in a shot, pre-existing video clips, and, the music that is playing in synchronization with your scene. As you see in this slide, the Copyright Act recognizes a fair use exception as long as you meet certain criteria. And that’s determined on a case-by-case basis.

Basically the criteria is set forth in the following four factors:

1. What is the purpose and character of the use? Is it a commercial use or are you using it for a nonprofit use? Nonprofit uses such as for educational purposes are more likely to satisfy this fair use factor. This factor also analyzes whether the use of a work is transformative, meaning, “Has the material taken from the original work been transformed by adding new expression or meaning? and “Was value added to the original by creating new information, new aesthetics, new insights, and understandings?” If the answer to these questions is yes then this factor (which is heavily weighted in the overall analysis) is satisfied.

2. What is the nature of your use? How are you using the protected element? Are you using it to focus on the original material or is it more of a background use that sets the scene? Was the material unpublished or established in the public? The use of published work that is used in a manner to set a scene is more likely to satisfy this factor.

3. How much of the work are you using? Are you using the entire original material? Are you using the “heart” of the original material, like a famous quote from a book or the catchy hook in a song? If you are not using a significant amount or the heart of the original material, then you will likely satisfy this element.

4. What affect does your use have on the value of the original material? If your use does not devalue the original material then you will likely satisfy this element. For example, if someone is likely to buy your video that uses a song in it, to the extent that that consumer no longer needs to purchase that song by itself, then that is not going to satisfy this element because the video and the stand-alone song are competing for the same customer which devalues the song.

These are the factors you’ll have to satisfy to claim fair use.

TRADEMARK FAIR USE

Now let’s talk about an area that’s more clear cut than copyright: trademarks. Trademarks follow a two part test called the Rogers test, which comes from a famous case involving the legendary actress/dancer Ginger Rogers.  The slide shows the specific language, but it may be easier to simplify the test by turning it around.

As long as you have artistic relevance for your use, (you are including the protected trademark for some artistic purpose) and you’re not misleading as to the source of the trademark (you are not showing the trademark of a product or service and claiming that it is owned by someone other than the true owner), than you have a good claim for fair use.

For example if you’re shooting a scene in a bar and you’re panning the place, and you film labels of alcohol behind the bar, the method that you are using likely qualifies as being artistic relevance. You are setting the scene and showing your audience that the scene is in the bar. As long as you are not misleading about a label, or somehow implying that a certain alcohol is produced by someone other than the rightful owner, then you have a good argument for fair use.

RIGHT OF PUBLICITY FAIR USE 

An area that’s a little harder to dissect is Right of Publicity. The elements are:

1 You have used a person’s identity (i.e., captured them in your content)

2. Your use is to your advantage (i.e, it will increase the value of your content)

3. The person did not authorize you to capture them on film.

4. The use will cause the person damage.

Right of Publicity, as it relates to fair use, can get a little tricky because there are different state laws that apply so it partly depends on where you are shooting your scene. You have to fit these elements within the legal framework of the applicable state.

Another consideration for right of publicity fair use is that most people want to find a way to show celebrities in their footage without obtaining permission so they look to fair use. That’ is probably not going to work because of element number four, damages. Celebrities will usually be damaged if someone is allowed to use them in footage for free because part of being a celebrity is to make money from appearances.  So, fair use usually doesn’t apply in these instances. If you’re dealing with a non-celebrity than it’s much easier and you can go through the analysis.

I hope this video was helpful for you. Again, I don’t think you should analyze these things on your own. You should present the situation to your attorney so he or she can help you make an informed decision as to whether it qualifies as fair use.

At least now you are able to recognize when to ask!

Filed Under: Entrepreneurs

8 Lessons We Learned From The Blurred Lines Case

March 16, 2015 by stefan

 

pharell williams blurred lines case

Now that we’ve had a week to digest arguably one of the most significant copyright infringement cases in music this decade (if not in entertainment since all fields – film, TV, video games, and content creators – are concerned with copying works), I wanted to give my opinion on what I think are the valuable take-aways.

I believe that if the decision in this case holds through the appeal process, it will become a heavily referenced case for every field that relies on copyright protection.

In my younger days as a lawyer, I was involved in the seminal Bridgeport Music case that officially ended snippet record sampling without a license (Bridgeport was also involved in this case but settled), so I have been following this case closely to see if the outcome here would be similar, and officially end copying musical compositions without a license.

In the Bridgeport Music case, the court said with respect to recorded music sampling:

“Get a license or do not sample. We do not see this as stifling creativity in any significant way.”, and it appears that this same perspective was adopted by the Blurred Lines court. 

To recap, last Tuesday a jury decided that super-producer Pharrell Williams and recording artist Robin Thicke, both songwriters of the mega-hit from 2013, Blurred Lines, infringed on (copied) the old-school hit from 1977, Got To Give It Up, written by Marvin Gaye.

Williams and Thicke were ordered to pay Mr. Gaye’s estate (who died in 1984 so his heirs own his music) $7.3 million in damages.

You have probably heard about it in the news because the decision has created an uncomfortable bright line for artists and publishers when determining where creativity ends and copying begins.

 

Robin T Blurred Lines VerdictI’m actually a big fan of Pharrell. I worked on a number of his earlier deals when I worked in Legal Affairs at Virgin Records (I also think that Robin Thicke is ok). And I am a 70’s baby so I have nothing but the utmost respect for Marvin Gaye.

But, I’m a lawyer first and can’t allow my feelings as a fan interfere with the legal aspects of the case. I have primarily been following this proceeding so that I can advise my clients on what they can and cannot do because I represent writers who fall on both sides of this issue.

Now that it is over, there are many important lessons all of us in the Music Business can learn from the Blurred Lines Case.

Everyone in the industry needs to understand what this case means so that they can adjust their business practice accordingly!

 

So, below are 8 of my observations on what the most important lessons learned from the Blurred Lines decision.

 

1.) 7.3 Million Reasons Why You Should Handle Your Business

The jury in this case decided that the Gaye family was entitled to $7.3 million dollars, which breaks down to $4 million in damages, a $3.3 million share in the song’s profits, and a measly $9,000 in statutory damages.

I read that the jury determined that 50% of the elements in Got To Give It Up are, in fact, part of Blurred Lines. I think the percentage of elements and the damages award should be higher, but Williams and Thicke can thank their lawyer for that low number.

In case you didn’t know, the songwriter’s attorney won on a motion to prevent the jury from hearing the radio version of Got To Give It Up when they comparing it to the radio version of Blurred Lines. The jury heard a stripped down recreation of Got To Give It Up, probably like the version you hear a cheesy guy sing at a dive bar in Vegas at 2am.

If you listen to the commercial versions side-by-side, what percentage would you choose? Let me know what you think.

There are more costs and consequences ahead for the songwriters. Blurred Lines is still a massive hit and the recent publicity (and the publicity that will come about when the verdict is appealed) will only re-invigorate the song’s play and sales, but that momentum may come to a halt.

The Gaye family is now attempting to stop future sales of the song unless the songwriters agree on terms for future sales, and there will most definitely be a motion to collect attorney’s fees. Williams and Thicke will also likely appeal (which I predict they will lose), so the songwriters are going to continue bleeding or losing money beyond the verdict amount.

The next time you complain about the fee quoted for a sample license and consider bypassing that step, make sure you re-read this post, come to your senses, and secure the license. That goes for other agreements as well. If you cannot afford a music entertainment attorney at this point in your career, at least get a package of inexpensive music agreements so that you can avoid legal problems.

 

2.) Celebs Don’t Mesmerize Jury’s In Civil Court

Unlike in criminal proceedings where celebrities have successfully gotten out of crimes likely due to jury love, civil court is different.

In this case, Robin Thicke crooned the jury in an attempt to show that there are many similar songs. I’m sure it was a great concert (especially for the women) but literally once the music stopped, the harsh realities of civil litigation prevailed. It’s all about the evidence in civil court to prove a case.

Also, I believe that Thicke’s demonstration may have actually hurt his case. Just because two similar-sounding songs did not go through a public litigation does not mean that there was not an informal claim of copyright infringement.

I’ve sent or received hundreds of copyright infringement cease and desist letters, but usually these claims are ultimately settled amicably or the accuser can’t fund litigation. Either way, the public would never know.

 

3.) Don’t Bring a Preemptive Lawsuit When Your Case Isn’t Strong

Did you know that Thicke and Williams initiated this lawsuit? They filed a lawsuit against the Gaye family asking the court to declare that Blurred Lines was not similar to Got To Give It Up, and the Gaye family filed a counterclaim. Now, I think it is reasonable to assume that when you play the two songs side-by-side, there is some similarity. This was obviously a tactic by the songwriters to strike first, but it wasn’t a good look.

The Gaye family lawyer masterfully characterized them as being bullies, trying to bleed them dry so that they could not bring a suit of their own. Well, if you know anything about Marvin Gaye, he was no wimp, and apparently those genes were passed down to his children.

Growing up, we use to say “Don’t Start None, Won’t Be None”. I guess the songwriters (or their advisors) never heard that one.

 

4.) Litigating In The Press Is Different From Litigating In Court

The theme of the songwriter’s position was that they did copy the “feeling” of the 70’s, which Marvin Gaye happened to be part of, but they did not infringe on the copyright of Marvin Gaye’s song. We have heard this position from the songwriters for months, but at trial we got to see how copyright infringement technically works.

I mentioned the legal maneuvering by the songwriter’s attorneys above related to what version of the songs was played in the courtroom. We also saw the testimony from dueling musicologists who analyzed the signature phrases, hooks, keyboard-bass interplay, lyrics, and themes of the two songs. Then we heard from music licensing professionals who discussed the practice of licensing and leverage.

I’m glad that the media gave a glimpse into the technical nature of the case. Music lawyers don’t just listen to music all day and hang out with cool clients. With the state of the U.S. Copyright Act today (I believe that it needs to be re-written, not amended), the clear absence of a legitimate informal proceeding to resolve copyright matters, like the Trademark Trial and Appeal Board (TTAB) for trademarks and the Patent Trial and Appeal Board (PTAB) for patents, which help streamline disputes, coupled with the Act’s lag time behind technology, music law is one of the most complex areas in all of law right now.

 

5.) When Your Publishing Company Settles, Follow Suit

The publishing company is the big fish in any law suit. It can afford the top lawyers and has the political ties to “help” its position. When Sony/ATV Music Publishing (specifically, EMI April) settled with the Gaye family, that is a sign that the case may be legitimate and Williams and Thicke should have re-evaluated their position. I can’t fault Williams for fighting the good fight because his reputation was on the line. Also, financially, his company, Star Trek Entertainment, benefits from this song on the recorded music side so he really didn’t have a lot to lose, relatively speaking. I’m not sure why Robin continued on. He obviously wasn’t holding on so that he could give an all-star performance on the stand.

From what I have read, there would have been some really tough questions for the publisher if they would have remained in the lawsuit, which is probably why they settled. It’s unfortunate that the songwriters didn’t follow suit and had to take the fall alone.

 

6.) Don’t Go To Trial When You Have Something To Hide

Robin Thicke stated that he lied about being a co-writer. He also waffled in his statements, initially stating that he told Pharrell to create a song like Got to Give It Up; thereafter he said he wanted a song that “felt” like Got To Give It Up; thereafter he said he wanted a song from that era only without mentioning the song; and his final statement was that he had never had any conversation at all about what he wanted.

Not exactly the witness you want on the stand.

 

7.) If You’re The Defendant, Don’t Play Lawyer on the Stand!

Williams also testified about his song-creation process, admitting to jurors that Blurred Lines channels “that ’70s feeling” and that he looked up to Gaye, but that to feel isn’t copyright infringement. That’s what lawyers call a conclusionary statement.

If it were that simple there would be no purpose for the complex laws ☺

 

8.) The Music Industry Is Back Bae Bae!

Good news: the music industry is coming back strong! If you follow me, you know that I’ve been preaching for the past few years that album and record sales in the music industry are essentially dried up. After reading the revenue information from the trial, I must admit that was surprised.

Blurred Lines made 16.7 Million dollars from sales and licensing, and fueled another 11 million in touring! There are still mega hits being released and they generate a lot of money. Unfortunately, in this new era, there are a lot less of them.

So those are my thoughts. What do you think? Feel free to leave a comment with your thoughts on this situation. Better yet, let’s play a game. I can think of a number of current songs that are similar to the facts of this case. What about you? Tell me what recent song sounds similar to your old-school jam.

I’ll start. Listen to this and tell me if you agree or disagree that based on the Blurred Line case there may be a similarity:

Jungle Love vs. Uptown Funk – Copy?

 

 

Filed Under: Music

6 Agreements Every Music Professional Should Have In Their Toolbox

March 9, 2015 by stefan

Music License AgreementsConfused By Music Agreements?

 

Working as a music lawyer over the years, do you know what is still one of the toughest things for me to see?

When a talented artist or producer comes to me that is really starting to gain traction in their career (or an Indie Label with talent) but are haunted by some type of dispute from early days when they were first starting out.

Usually, it’s because they worked on music projects with either a poorly written contract or no contract at all.

At the time, it probably seemed like no big deal because there was no money coming in anyway, right?

And maybe you were collaborating with your best friend or family member.

There is no way you guys would ever let something like money come between you, right?

Well, let me tell you from experience. No matter how close you are with your collaborators, you should always have a solid written agreement in place!

I have seen it all. Disagreements between best friends, uncles and nephews, cousins, lovers, and even between artist’s parents (the artist was a minor) and grandparents.

Common disputes include questioning who owns the copyright in the recording and disagreements over the composition ownership splits.

I have even worked with well-known artists and producers who have known each other for decades and still proceed to argue over thousands of dollars (when one or both have millions) because they did not have solid agreements in place.

I realized that most of the problem is when people are first starting out they don’t have the money to pay an entertainment attorney to put those agreements and contracts together for them.

That’s why I decided to release a FREE EBOOK: How To Make It In Today’s Music Industry (it includes a bonus Split Sheet Agreement!)

In the book, I go over how to brand, protect and monetize your music business.

But back to this article and the importance of having agreements.

Below are 6 important agreements you should focus on getting together right away, no matter what stage you are in your music industry career.

Infograph: 6 Agreements Every Music Pro Needs

professional music agreements

 

Want to share this image on your site? Just copy and paste the embed code below:

 

 

1. Work-Made-For-Hire Agreement with Waiver

What is it?

This is a general, all-purpose form that ensures that you don’t accidentally relinquish rights to people who contribute to your music. This form also includes a waiver in case the hired person is signed to a company (i.e., production company, label, publisher).

 

Why is it so important?

U.S. Copyright law requires any work-for-hire relationship to be in writing. If it is not then all contributors are considered partial owners of the copyright!

For example, if you hire a vocalist to sing a hook and you don’t have her sign an agreement, the vocalist can claim ownership in your recording of the performance, and potentially hold up the release of your music.

 

 

2. Music Collaboration Agreement

What is it?

This is a general form that may be used in instances when a music producer is collaborating with a recording artist to create a recording. This particular agreement shows the producer creating the “beats”, and the artist both performs and is the songwriter.

 

Why is it so important?

It is critical that when you collaborate you have a formal agreement about the percentages of ownership. In my template music collaboration agreements, the parties agree to each own 50% of the final recording.

 

 

3. Songwriter Collaboration Agreement

What is it?

This is a general form that may be used in instances when two (or more) songwriters are collaborating to write a musical composition. This particular agreement shows the writers administering their own shares.

 

Why is it so important?

Without the splits clearly defined, there is a chance for a dispute. For example, if you and a co-writer write a song you both may have a different idea as to what the splits are.

Does each writer own 50%? Does one writer receive a larger ownership percentage because he or she wrote the hook?

These are all questions that should be decided early on. If there is a dispute then you will not be able to properly register the composition with your performing rights organization (ASCAP, BMI, SESAC) and they will not be able to pay you royalties!

 

 

4. Side Artist Agreement

What is it?

This is a general form that may be used in instances where a side artist is engaged to contribute vocals to a recording. This particular agreement allows the side artist to keep ownership of any lyrics he or she may write.

 

Why is it so important?

Any of the scenarios from 1, 2, and 3 could happen without a proper side artist agreement in place.

 

 

5. Split Sheet Agreement

What is it?

This is a simple one-pager form that can be used to show the division of a musical composition (i.e., writer’s shares and publisher’s shares). It’s great to have on hand when you are registering your compositions with ASCAP, BMI, or SESAC

 

Why is it so important?

Similar to not having a Songwriter Collaboration Agreement in place, you will not be able to collect royalties if there is a dispute over splits.

Having this one-pager filled out and signed by all parties can save you from a ton of headaches down the road.

 

 

6. Mechanical License

What is it?

This is a general form that may be used when a writer or producer is granting a record company the right to use a musical composition.

 

Why is it so important?

Many times writers/producers do not know that a record label will not pay mechanical royalties unless a mechanical license is in place.

 

Hope you enjoyed this article. Again I highly recommend you download my FREE EBOOK How To Make It In Today’s Music Industry that also includes one of the most important agreements, a Split Sheet as an extra bonus for you.

I really encourage you to protect your work no matter what stage you are at and look into getting these type of agreements to protect your music business.

The time and money you invest in it now will be much better than trying to find someone like me in the future to clean up the contract.

Now that will cost you a lot more time and money!

 

Filed Under: Music

How To Trademark Your Entertainment Name

February 23, 2015 by stefan

how to trademark entertainment nameWe talk about it all the time. Nowadays in the Entertainment world, regardless of the field, your brand is your everything.  You have to work to build it and you have to protect it.

How do you protect your brand?

Glad you asked! The essential step to protecting your brand (name, logo, slogan, sound) is to secure a trademark registration with the United States Trademark Office.

This will give you some recourse if people try to use your name.

For example Lady GaGa has been involved in a few legal disputes with companies trying to use her name. This type of situation an opposition would be filed.

How difficult is it to file a trademark?

What is the difference between a trademark and a copyright?

Well, my friends over at Music Industry How To asked me to answer some of these questions and more for their readers.

Even though the article is geared towards trademarking musician’s names, it can be applied to any person or company that is a brand(for example ‘Octomom’, ‘Snooki’, and ‘The Situation’ from Jersey Shore have all secured trademark registrations).

A common misconception is that you can protect a name by itself. Your name or logo must be related to a good or service, such as recorded music, consulting services, or clothing.

So if you want to get a step-by-step on how the trademarking process works, click below to read the full article.

This article is for informational purposes only.

The process looks relatively simple, however mistakes can cause your application to be refused.

I recommend that you consult your attorney before actually filing.

 

How To Trademark A Music Artist Name, Step By Step Guide

Filed Under: Branding

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