IP Goes Pop

Volpe Koenig Intellectual Property Law
IP Goes Pop

IP Goes Pop explores the interface between intellectual property(IP) and popular culture. Patents, trademarks, and copyrights are often referenced in popular movies, television and songs, but who owns the rights to creative expression? How long does a patent last? What makes a trade secret truly secret? Is the media getting it right when reporting on intellectual property issues? Hosted by intellectual property attorney Michael Snyder, with guest colleagues, inventors, writers, and creators, this lively, bi-weekly podcast discusses intellectual property with a pop-culture twist.

  1. 29 OCT

    Halloween Spooktacular 3: Losing Your Monster

    Have you ever wondered how your favorite Halloween monsters became pop culture icons? In this Spooktacular episode of IP Goes Pop!®, hosts Michael Snyder and Joseph Gushue dive into the fascinating legal stories behind Frankenstein, Dracula, and Zombies, revealing how intellectual property (IP) law shapes their enduring legacies. What to Expect: Frankenstein: Explore the evolution of Mary Shelley’s creation and how Universal Studios' iconic design—complete with neck bolts and green skin—became legally protected. Discover why retelling Shelley’s tale is fair game, but copying Universal's portrayal could lead to legal nightmares. Count Dracula: Learn about Bram Stoker’s 1897 novel and the epic copyright battle sparked by Nosferatu. Understand how this clash influenced vampire lore and led to the famous idea that sunlight turns vampires to ash, showcasing the lasting impact of unauthorized adaptations. Zombies: Uncover the public domain twist surrounding George A. Romero’s Night of the Living Dead, which redefined the zombie genre. See how this copyright mishap opened the door for filmmakers to innovate, leading to everything from the fast-paced ghouls of 28 Days Later to the comedic takes in Zombieland. Through these stories, Michael and Joe highlight the dual role of IP law in protecting creativity while inspiring fresh takes on beloved characters. Discover how the transition of these monsters into the public domain has unlocked endless opportunities for reinvention, proving that legal complexities can spark cultural magic. Whether you’re curious about the intersection of IP law and pop culture or just want to delve into the histories of these iconic monsters, this episode is packed with insights and eerie details. Tune in for a deep dive into the legal twists that keep these ghoulish figures alive (or undead) for generations! 🎙️👻 Connnect with IP Goes Pop! Request episode topics, and share your feedback with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig. For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. Key Moments & Quick Links: 0:39 Halloween Spooktacular III Spooktacular 1: A Nightmare On Independence Ave Halloween Spooktacular 2: The Return 2:34 Favorite Horror Monsters Dracula (1931) Hotel Transylvania (2012) 5:40 Frankenstein's Monster Frankenstein (1931) Bride of Frankenstein, Son of Frankenstein, Ghost of Frankenstein Mary Shelley’s Frankenstein (1994) 15:10 Dracula Nosferatu (1922) Interview with the Vampire (1994) Blade (1998) Francis Ford Coppola's Bram Stoker’s Dracula (1992) Stephen King's Salem’s Lot (1979) 23:15 Zombies: From Folklore to Pop Culture 28 Days Later (2002) Shaun of the Dead (2004) Zombieland (2009) George A. Romero's Night of the Living Dead (1968) Blair Witch Project (1999) Paranormal Activity (2007) 25:38 Creativity from Legal Challenges 31:19 Final Thoughts and Halloween Wishes

    34 min
  2. 7 AGO

    Artificial Intelligence: A Deeper Dive into Pop Culture Part 2

    How are deepfakes—those eerily convincing, digitally altered images and videos—reshaping our world? Intellectual property attorneys Michael Snyder and Joseph Gushue dive back into the fascinating world of artificial intelligence (AI) and how it can affect, or even alter, intellectual property (IP) rights.  From AI-generated songs mimicking megastars like Drake and The Weeknd to creating digital doubles of actors and extras in films the implications of these technologies are palpable. Michael and Joe break down “deepfakes” and how these technologies could lead to copyright violations and public relations nightmares. As they navigate these complex issues, they also discuss proposed solutions like digital watermarking, content authenticity tools, and legislative measures such as the No Fakes Act, which aims to regulate the use of AI-generated replicas. They emphasize the urgent need for updated laws to keep up with technological advances and protect IP and individual rights. The episode concludes with a look at the future of AI and its implications for intellectual property law, urging listeners to stay informed and skeptical of the content they encounter online as the AI landscape evolves and generates even more sophisticated and realistic fabrications. Tune in for a discussion that is both timely and critical in understanding the rapidly changing dynamics of technology, IP law, and creative expression. Listen to part one: Artificial Intelligence: Is Imitation Still Flattery?.   Key Moments: (2:01) Recap of Part One (4:07) Deepfakes in Pop Culture (16:14) AI in the Entertainment Industry (21:00) Speed, Scale, and Concerns of Advancements in Generative AI (25:29) Ethics in AI: Martin Seligman Psychologist Chatbot (28:34) Future Risks and Considerations (33:25) Final Thoughts & "No Fakes Act"   For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts.   Connnect, request episode topics, and share your feedback with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

    34 min
  3. 11 JUL

    Artificial Intelligence: Is Imitation Still Flattery? Part 1

    Hosts Michael Snyder and Joseph Gushue kick off a two-part series on artificial intelligence (AI) and its impact on intellectual property (IP) rights in an individual’s persona. They delve into generative AI, explaining how it creates text, images, and voices that closely mimic human attributes, and discuss the right of publicity, a legal doctrine that protects an individual's likeness and voice from unauthorized commercial use. The hosts explore AI's portrayal of humans in pop culture, citing films like Terminator 2, S1m0ne, and Her to illustrate AI's potential to replicate human beings. These examples set the stage for a deeper understanding of the real-world implications of AI in the realm of IP. Michael and Joe explain how generative AI models, trained on vast amounts of data, produce human-like outputs, highlighting the complexities of AI in the context of IP rights. They discuss historical and contemporary cases, such as Bette Midler vs. Ford Motor Company, Tom Waits vs. Frito-Lay, and the recent controversy involving Scarlett Johansson and OpenAI, to underscore the significance of the right of publicity in the age of AI. The episode wraps up with reflections on the ongoing concerns with new technology and IP rights, noting these issues have recurred throughout history with each technological leap. This is Part One of a two-part series. Stay tuned for Part Two.   Key Moments: 00:52 Episode Overview: Part One of a Two-Parter on Generative AI 02:57 Artificial Intelligences Replicating Human Attributes in Pop Culture 10:37 Defining Generative AI 14:55 Introduction to the Right of Publicity 25:48 Scarlett Johansson and OpenAI’s Sky 32:45 Takeaways & Looking Ahead to Part 2 For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. You can stay connected with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

    35 min
  4. 11 JUN

    It’s Not Bragging If It’s True: The IP of TV Series “Suits”

    Put on your best suit and step into the world of TV legal dramas with podcast co-hosts, IP attorneys, and shareholders Michael Snyder and Joseph Gushue, as they guide you through the realities, quirks and possible departures from reality depicted in the TV show Suits. Whether you're a seasoned fan of Suits or have never watched an episode, this installment of IP Goes Pop!® has something for everyone. Michael and Joe lead off the episode by discussing TV shows that have focused on intellectual property law issues, such as Canada’s The IP Section and HBO’s Silicon Valley, which demonstrate the rare combination of comedy and law in practice together. The episode continues with an exploration of when and how they each discovered Suits and their initial impressions of its portrayal of the legal practice in general. Beyond the often-outrageous legal tactics that would surely never occur if Pearson-Specter were a real law firm, Michael and Joe break down the “how it would happen” scenarios in four different episodes of Suits that use intellectual property law cases to steer the plot. From unrealistic portrayals of the patent application process to the depiction of characters as legal experts in every area of law, Michael and Joe dissect IP-related inaccuracies and offer insight into IP attorneys' real-world expertise in securing protections for ideas. The hosts conclude with a reminder not to rely on fictional TV shows for legal advice and stress the importance of hiring licensed and experienced attorneys who actually specialize in the area of law where you may require assistance. Whether you're a legal enthusiast, a pop culture junkie, or just curious about how TV legal dramas stack up against real life, this episode delves into the intriguing world of Suits. Michael and Joe reveal the truth behind the fiction with humor and insights, providing a take on the legal realities often glossed over by Hollywood. Key Moments: 02:48 Television Shows that Focus on IP Law -- IP Goes Pop!® Season 2 EP 7 - Down in the (Silicon) Valley 6:53 Suits TV Show 11:44 Patent Law in Suits Season 1 Episode 1 16:29 IP Dispute and Infringement in Suits Season 3 Ep 13   20:44 Patent and Fair Use in Suits Season 6 Ep 16 27:48 Copyright Case, Suits Season 8 EP 12 29:30 TV Show Legal Fictions (Suits and Beyond) 36:39 Final Thoughts For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. You can stay connected with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

    38 min
  5. 19 MAR

    USPTO - History Matters

    Dive into the rich history of the United States Patent and Trademark Office (USPTO) with this episode of IP Goes Pop!®, guided by USPTO historian Rebekah Oakes and co-hosted by Intellectual Property Attorneys Michael Snyder and Joseph Gushue. Explore the USPTO's impact on innovation and the integration of patent rights into the Constitution, highlighted through connections to pop culture icons like National Treasure and Bill & Ted's Excellent Adventure. Rebekah shares insights into the USPTO's archives, the digitization of historical patents, and the agency's ongoing efforts to chronicle America's innovation story. The episode invites listeners to discover the USPTO's resources, offering a glimpse into the past and its influence on modern intellectual property protections. Concluding with an inspirational message, the episode emphasizes the role of history in shaping future innovations. Tune into IP Goes Pop!® for more episodes that blend intellectual property insights with pop culture. Connect with USPTO social: Facebook LinkedIn Instagram Twitter (X) Key Moments: (01:15) US Patent Office Episodes with IP Goes Pop (01:24) IP in Pop-Culture History: Famous Movies  TV Shows (08:02) Introducing USPTO Historian Rebekah Oakes (13:07) History of Patent Models (Required through 1870's) (14:43) Curating History & Henry Baker (24:03) Initiatives the Patent Office Does to Protect its History (27:43) USPTO Resources for History (31:33) Final Thoughts For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. You can stay connected with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

    34 min
  6. 26 FEB

    Technohumanism

    Navigate the interface of IP and transformative technologies that can augment human capabilities, both in science fiction and emerging reality with Co-hosts, Shareholders, and Intellectual Property attorneys Michael Snyder and Joseph Gushue.  If you're interested in intellectual property, bioethical dilemmas, the future of technology, or just love a good legal quandary set against a backdrop of pop culture, this episode is tailored for you. The hosts draw upon well-known figures such as DC Comics' Cyborg, Marvel's Winter Soldier, and the Borg from Star Trek to frame the discussion. They then discuss William Gibson in Neuromancer and the “ahead of its time” film adaptation Johnny Mnemonic, starring Keanu Reeves. Complexities around the patenting of bioengineered life forms and examining what distinguishes bioengineered entities (like synthetic insulin) from unpatentable naturally occurring elements are discussed. This includes Neurolink chips, currently safeguarded by patents, which hold the promise of revolutionary medical treatments and cognitive enhancements. Michael and Joe also highlight on questions of inventorship in an era where human augmentation might become a source of creativity or innovation. The ripples of this technological integration are touched on by principles outlined in the Patent Act and Copyright Act, sparking a debate on the intersections between legal protocols for artificial intelligence and looming human technology augmentation. As Joe anticipates the normalization of AR and VR technologies with the introduction of Apple Vision Pro, this conversation underscores the significance for pioneers to bravely adopt—and adapt to—these emerging innovations. Simultaneously, the episode ponders the legal frameworks that have yet to fully grapple with such advancements.  So, put on your thinking caps, open a window in your Apple Vision Pro, or turn on your Neuralink Chips and stay curious about the future of IP and technology! Timestamps: 01:19 Defining Techno-Humanism  02:36 Exploring human-machine combination in comic book characters 06:58 Star Trek and The Borg Collective 09:29 Influence of William Gibson on Science Fiction 15:12 Blade Runner (1982) 20:04 Augmenting Human Bodies with Technology and Patenting Life Forms 29:34 Final Thoughts – Resistance is Futile  For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. You can stay connected with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

    32 min
  7. 29/11/2023

    Lessons from Movies About Innovators

    Get ready for a cinematic exploration of innovation and intellectual property as depicted in popular movies about inventors and creators. In this episode, IP Goes Pop!® co-hosts Michael Snyder and Joseph Gushue, peel back the layers of iconic movies that not only inspire us, but also shed light on the realities of building successful businesses and protecting ideas.  Starting with 1988’s Tucker: The Man and His Dream, your hosts dive into the story of Preston Tucker and his revolutionary automobile, the Tucker 48. This tale not only epitomizes the spirit of disrupting the status quo but also draws parallels with modern auto-innovators like Tesla. Tucker's journey sheds light on the crucial role of patents in protecting groundbreaking ideas, emphasizing the continued real-world relevance of Tucker's innovations in today's automobiles. The episode next moves through the intricate mazes of copyrights, branding, and partnerships. The Social Network, which depicts the founding of Facebook, serves as a prime example of the potential legal pitfalls that can emerge in the creation of successful companies. It delves into the entangled web of legal battles and the importance of safeguarding ideas in the tech world. This evolution, of what is now known as Meta, highlights the necessity of meticulous contracts and legal representation at different stages of bringing an idea into the world. Another extraordinary origin story is that of the McDonald's franchise, as portrayed in The Founder. While the success of the McDonald's franchise demonstrates how effective branding and strategic IP licensing can catapult a company to global recognition, this cautionary tale of partnerships offers valuable lessons for businesses of all sizes. Ultimately the McDonalds brothers lost control of their company, their name, and their IP such as the “golden arches,” when they were outmaneuvered by an emboldened Ray Kroc and a “handshake” agreement.  The film Flash of Genius draws attention to the pitfalls and triumphs of patent litigation. Lesson learned are especially valuable for inventors and creators, as it underscores the complexities of litigation, the importance of having competent legal representation, and the dangers of self-representation in intellectual property matters. Listeners will come away from this episode not only entertained but also enriched with a deeper understanding of the intersection between intellectual property and popular culture. Whether you're an entrepreneur, a legal professional, a student, or simply a movie buff, IP Goes Pop!® offers a captivating and educational experience that will entertain and inform. Don't miss out on this engaging and enlightening journey through the world of IP and movies!  Starting points: 2:32 Disruption, Technology, and Patents in Tucker: The Man and His Dream (1988) 9:40 Copyright and Idea Protection in The Social Network (2010) 16:43 Branding, Trade Secrets, and Franchising in The Founder (2016) 25:04 The Case of Joy Mangano's Miracle Mop in Joy (2015) 28:55 Patents in Flash of Genius (2008) 34:16 Final Thoughts For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. You can stay connected with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

    35 min
  8. 21/09/2023

    I’m a Barbie Girl in an IP World

    This episode of IP Goes Pop!®, takes you on a journey through the iconic world of the Barbie universe and brand, exploring its deep-rooted connections with pop culture and intellectual property law. Hop in the dream car and journey with Volpe Koenig Shareholders and podcast hosts, Michael Snyder and Joseph Gushue to a land of pink corvettes, with a few pitstops at the United States Patent and Trademark Office (USPTO). Kicking off with a discussion of the recent cinematic triumphs of the Barbie movie released this year (2023), your hosts delve into how this classic brand has been brought to life on the big screen captivating audiences around the globe. Travel back in time to the inception of Mattel Toys to unravel the origin of Barbie, and the complex legal history behind the doll’s inception and success. Learn the true story behind the doll’s “inspiration.” Discover how storied brands like Barbie have been able to register colors with their trademarks along with the legal parameters and precedents for doing so.  Listeners will navigate through the pivotal role of patents in safeguarding the Barbie doll brand, highlighting the contributions of rocket scientist turned toy doll inventor, John Ryan, and the key developments in toy doll mobility. Barbie’s IP journey continues with your hosts exploring a legal battle involving trade secrets, focusing on the fierce competition between Mattel and MGA Entertainment over the Bratz dolls. Here the focus is on the critical concepts of "work for hire," "non-disclosure agreements," and “exit interviews,” as keys to protecting trade secrets in any industry. Approaching the end of this enlightening journey, Michael and Joe explore the intersection of copyright law and the Barbie brand, analyzing the legal nuances of parody in copyright law through the lens of the infamous "Barbie Girl" song by Aqua and its repercussions in the legal world. They also touch upon the 2023 updated, “Barbie World” by Nicki Minaj and Ice Spice, which samples Aqua’s song, offering a fresh perspective on the ever-evolving relationship between pop culture and IP law. The episode wraps up with final thoughts on the complex yet fascinating relationship between the Barbie brand and all aspects of intellectual property law, celebrating the impressive achievements of Barbie in the world of IP. Tune in to this episode of IP Goes POP! and immerse yourself in the captivating (legal) world of Barbie, a brand that has left an indelible mark on both pop culture and the realm of intellectual property. Key Moments in this Episode: 1:44 The Barbie Movie (2023) 3:46 Genesis of Mattel Toys and the Barbie Brand 7:58 IP in the Barbie Universe: Trademarks 12:05 IP in the Barbie Universe: Patents 19:05 IP in the Barbie Universe: Trade Secrets 24:20 IP in the Barbie Universe: Copyright 29:56 Final Thoughts   For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. You can stay connected with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

    32 min
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IP Goes Pop explores the interface between intellectual property(IP) and popular culture. Patents, trademarks, and copyrights are often referenced in popular movies, television and songs, but who owns the rights to creative expression? How long does a patent last? What makes a trade secret truly secret? Is the media getting it right when reporting on intellectual property issues? Hosted by intellectual property attorney Michael Snyder, with guest colleagues, inventors, writers, and creators, this lively, bi-weekly podcast discusses intellectual property with a pop-culture twist.

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