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UTUSN

(70,671 posts)
Wed Mar 7, 2018, 12:54 PM Mar 2018

Even if Stormy wins the non-disclosure thing, SHITLER might keep the Copyrights on *EVERYTHING*

Am just passing this article along, not claiming for myself legal expertise, but I'm sure our DU lawyers will give the final answer:

**********QUOTE*********

https://lawandcrime.com/legal-analysis/how-trump-ensured-hed-get-rich-if-stormy-daniels-dished-dirt-on-him/

How Trump Quietly Ensured He’d Get Rich(er) If Stormy Daniels Dished Dirt on Him

by Aaron Keller

Everyone’s missing a huge part of the Stormy Daniels lawsuit against Donald Trump. It has to do with the hot and steamy world of copyright. The bottom line is that Trump probably owns anything Daniels ever does at this point which pertains to Trump: books, movies, and maybe even porn shoots and strip club dances. Because he probably owns them, he can profit off of them. She cannot.
....

...the attachments appear to detail a series of agreements between Trump and Daniels, one of which is an Assignment of Copyright. ....

Daniels Transferred Her Copyrights to Trump.

The Stormy Daniels/Donald Trump lawsuit states that Daniels sold to Trump the copyright to various pieces of intellectual property, including “certain still images and/or text messages which were authored by or relate to” Trump. That insinuates some dirty pictures and messages may have existed at one point, though the court documents also contain a massive, catch-all laundry list of other possible pieces of intellectual property Daniels sold to Trump (just to avoid anything from slipping through the cracks). Depending on one’s interpretation of the documents, the copyright assignments appear to include both past and future copyrights. That means Trump owns anything pertaining to him that Daniels already had in her possession, already created, or might create in the future. ....

Other Promises.

The documents contain further promises by Daniels not to participate in books, memoirs, broadcasts, or the like, and they could be interpreted to be a blanket promise by Daniels not to try to sell her story. The court documents state that Daniels agreed to fork over any money to Trump that she earns from dishing about Trump, and that’s independent from the $1 million liquidated damages clause for each breach. In other words, Trump could obtain both profits and damages.

Copyright Catch-All.

However, if those other promises and the core nondisclosure agreement do not hold up in court, Trump’s attorneys surely hope the copyright assignment agreement will remain valid. It might, because copyright assignment agreements are legally different from standard contracts and are subject to different interpretation.

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berni_mccoy

(23,018 posts)
1. Technically you can't publish texts or images sent via SMS without the sender's permission
Wed Mar 7, 2018, 01:08 PM
Mar 2018

That's already established copyright law. There are some fair-use exclusions, but otherwise this stuff wouldn't come to light unless Trump allowed it anyway.

pnwmom

(108,973 posts)
2. But how could he keep copyrights on things she created? Such as
Wed Mar 7, 2018, 01:13 PM
Mar 2018

photos that she took of her black eye? To name a hypothetical example.

unblock

(52,163 posts)
5. if the contract is upheld, she agreed all that is his.
Wed Mar 7, 2018, 01:32 PM
Mar 2018

either it was always his or she transferred it to him as part of the agreement.

this is no doubt why she wants the entire contract to be deemed null and void.

apnu

(8,749 posts)
8. Subpoena it, then it becomes public record.
Wed Mar 7, 2018, 01:43 PM
Mar 2018

Nobody can profit, the copyright would be useless.

We know about Xenu and many internal Scientology texts because they were subpoenaed in court (Swedish court I believe) and now the whole world knows about Xenu. Or can, if they care to look.

Tarc

(10,476 posts)
10. So what? Worst case scenario is she releases the pics, gets fined, starts a GoFundMe
Wed Mar 7, 2018, 01:48 PM
Mar 2018

I'd toss a $50 into that in a heartbeat.

NurseJackie

(42,862 posts)
12. She could self-publish a "novel" with the standard disclaimer: Any similarities to any persons...
Wed Mar 7, 2018, 02:00 PM
Mar 2018

... alive or dead is purely coincidental.


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