11. Law & Order: Special Metaverse Unit
Anita Sharma from Sharma Law joins me on the podcast this week! Anita is not only a lawyer for talent and entertainment, but dapples in the creative arts herself through filmmaking. We discuss talent contracts, collaborations, and everyone's favorite Metaverse topic: NFTs.
Transcript
Welcome to the meta woman podcast we address the
Unknown:issues, opportunities and challenges facing women in the
Unknown:development of the metaverse the biggest revolution since the
Unknown:internet itself. Every week we bring you conversations with top
Unknown:female talent and business executives operating in the
Unknown:gaming and crypto industries. Here's your host Lindsey, the
Unknown:boss pass. The metal woman podcast starts now.
Lindsay Poss:Hello, and welcome to the metal woman podcast part
Lindsay Poss:of the holodeck media Podcast Network. I'm your host Lindsay
Lindsay Poss:the boss pass from struggle to success. We're covering it all.
Lindsay Poss:To our returning listeners. Thank you so much for supporting
Lindsay Poss:the show. Leave those five star ratings and reviews you already
Lindsay Poss:know what to do tell a friend about the pod. For new
Lindsay Poss:listeners. Welcome. I hope you enjoy. We have a great guest
Lindsay Poss:this week, if any of you also listen to the business of
Lindsay Poss:esports. You have heard her before in a wonderful episode
Lindsay Poss:that I highly recommend checking out as well. We have a Nita
Lindsay Poss:Sharma, founder of Sharma law, which specializes in
Lindsay Poss:entertainment, talent, representation, intellectual
Lindsay Poss:property, digital media production, legal and corporate
Lindsay Poss:commercial law, which has a whole lot of specialties, which
Lindsay Poss:is awesome. Anita, welcome to the show. To start, please feel
Lindsay Poss:free to introduce yourself. Tell us a couple sentences about your
Lindsay Poss:background. Let the audience get to know you a little.
Unknown:Sure. Yeah, I mean, I'm excited to be here. So thank you
Unknown:so much for inviting me, Lindsay, you did a great job,
Unknown:sort of summing up the firm and all those different areas. So
Unknown:thank you for that. So, um, like Lindsay said, my name is Anita
Unknown:Sharma, I'm an attorney and be set in New York City. I'm an
Unknown:entertainment lawyer. And I've been doing this for about 20
Unknown:years. So it's been a long time and you know, started out in
Unknown:traditional so to speak film and TV and we really turned our
Unknown:focus to digital in about 2013. So, you know, excited to speak
Unknown:to you about all things digital gaming, the metaverse, entities
Unknown:the whole works.
Lindsay Poss:Yes, they think that's gonna be so much fun. As
Lindsay Poss:I was sort of lamenting to you before the show, I in covering
Lindsay Poss:the metaverse, it's been very interesting, because I don't
Lindsay Poss:really have a set definition for what it is. And I don't think
Lindsay Poss:anyone else does either. And of course, Facebook changing its
Lindsay Poss:name has shifted the conversation, but we will get to
Lindsay Poss:all of that. I'm excited to talk about it with you. I would love
Lindsay Poss:to start a little bit with your background in representing
Lindsay Poss:gaming and esports talent, what that looks like for you what
Lindsay Poss:your motivations were and starting to represent those
Lindsay Poss:folks. And what it's just generally like to represent that
Lindsay Poss:type of content creator.
Unknown:Yeah, so my firm, we primarily represent talents, and
Unknown:primarily in digital media, so a lot of influencers, digital
Unknown:content creators, and now gamers. And so we really started
Unknown:in the influencer space. And like I mentioned before, back in
Unknown:2013, we were one of the first firms to really start
Unknown:representing influencers. And I also like to call them digital
Unknown:content creators, because I feel like influencers just like
Unknown:turned into such a dirty word now. And people like think like,
Unknown:it's just, you know, flaky people taking photos of
Unknown:themselves all day on Instagram, whereas our clients are actually
Unknown:creating like, incredibly compelling, you know, content on
Unknown:the internet and on their social media platforms and elsewhere.
Unknown:And so, am I often use the term digital content creator. So, you
Unknown:know, we started back when I think people started to realize,
Unknown:I think he was ranted as 13 that, that Social Media and
Unknown:Gaming, were actually businesses and you could build businesses
Unknown:from them. And it wasn't just all about cat videos was like,
Unknown:you could actually create amazing content. And so, you
Unknown:know, in starting there, and getting to where we are today,
Unknown:you know, it was really last year that we started to turn our
Unknown:focus to gamers and esports. And really looking at that and
Unknown:saying it's really a logical extension of our practice,
Unknown:right? You know, people are talking to us about Twitch all
Unknown:the time, we're looking at what's happening there. It's
Unknown:talent, you know, games are talent, as well. And, you know,
Unknown:the first deal I did was, you know, for gamer who was joining
Unknown:FaZe Clan. And so that was kind of starting at the top. So that
Unknown:was incredibly interesting to me. And working through that
Unknown:contract and seeing what was there and, and so I think, you
Unknown:know, gamers are entertainers as well. And we like to represent
Unknown:entertainers and creative people. And so again, it was
Unknown:just a logical extension of the practice but also just an
Unknown:incredibly interesting worlds.
Lindsay Poss:Yeah, that's a really cool kind of way of
Lindsay Poss:transitioning into that. And I can't believe that your first
Lindsay Poss:deal was FaZe Clan member. That's awesome. That is kind of
Lindsay Poss:that is a very high level very well known place to start, which
Lindsay Poss:is awesome. Do you mainly in you can let me know if you can't
Lindsay Poss:speak about this. But do you mainly do like Team contracts
Lindsay Poss:and deals? Are you looking at content creation or is it a mix
Lindsay Poss:of both or when specifically with these kind of gaming
Lindsay Poss:digital creators? What is Is the What's your majority client look
Lindsay Poss:like? Yeah,
Unknown:sure, I can definitely speak to it. So we are doing all
Unknown:kinds of contracts. So ranging from doing brand and sponsorship
Unknown:deals, to merch contracts, and to some team contracts and
Unknown:events, you know. So it's really like across the board, whatever
Unknown:legal need comes up for the game or the talent. But we also do
Unknown:trademark work, for example, and a lot of, you know, gamers
Unknown:haven't thought about trademarking handles and things
Unknown:like that. So we advise on that, you know, that area of IP. But
Unknown:yeah, basically, we're general counsel to our clients, right.
Unknown:So anything that comes up legal wise, that they need we help
Unknown:with, and we work with their teams, if they have a team if
Unknown:they have an agent, or a manager, or both, like we work,
Unknown:you know, within that team, and it's really about helping, you
Unknown:know, gamers, build businesses and elevate their profiles and
Unknown:build their brands. And I think, you know, that's happening more
Unknown:and more. Now. Gaming has been around for a very long time. But
Unknown:I think it's only now I feel like the gaming industry is
Unknown:where the influencer industry was in 2013. I feel like it's
Unknown:now starting to realize this is a business gamers are starting
Unknown:to understand. I need, you know, representation, I need help with
Unknown:contracts, and are starting to you know, that structure is
Unknown:starting to sort of be introduced to the gaming worlds.
Lindsay Poss:Oh, I would love to ask you a little bit more
Lindsay Poss:about that. How, what has changed for the influencing
Lindsay Poss:industry between 2013 I think is when you said 2012 2013. And now
Lindsay Poss:and then how do you see that change? Or that those similar
Lindsay Poss:changes being incorporated into gaming? Yeah, I
Unknown:mean, I think it's really all about people
Unknown:realizing that social media is a platform on which they can build
Unknown:businesses. So they have their social media platforms, just
Unknown:like gamers would have Twitch, but they can actually do a whole
Unknown:bunch of other stuff, right, built on that platform or built
Unknown:from that platform. So they could start to do merch they can
Unknown:start to do you know, content creation deals with other
Unknown:companies, and obviously, the sponsorships brand deals. But I
Unknown:feel like now in the influencer world, even though it's still
Unknown:the Wild West, don't get me wrong. But it's definitely
Unknown:there's more agencies out there. There's more agents
Unknown:representing, you know, influencers, managers, like all
Unknown:of the big agencies are obviously involved. CHW mme, UTA
Unknown:three everybody at the same was, you know, they also have gaming
Unknown:divisions. So it's like these structures, and these, you know,
Unknown:people and represented representatives are sort of
Unknown:coming on board now, and are saying, Look, let me help you,
Unknown:because we see the potential here. And it's sort of, you
Unknown:know, becoming more streamlined and sort of more in line with
Unknown:like, common business practices.
Lindsay Poss:Gotcha. That makes sense. In speaking of social
Lindsay Poss:media, what are the kind of crossovers that you see between
Lindsay Poss:your gaming influencers? And your social media content
Lindsay Poss:producers are? There's, there's obviously a link between the
Lindsay Poss:two, and we all know that at face value, but from your
Lindsay Poss:perspective, what are the positives and negatives? What
Lindsay Poss:does it mean for gaming to be moving more into this social
Lindsay Poss:media type of space? I would love to just get your thoughts
Lindsay Poss:on on that kind of that the link between those two?
Unknown:Yeah, I mean, I think that I think it's all the same,
Unknown:to be honest, like Twitch is a social media platform. So it
Unknown:just happens to be the platform that most gamers are on. Right.
Unknown:So but those gamers have followers, people comment
Unknown:people, you know, watching the same way that someone would
Unknown:watch, you know, an Instagram real or or scroll through
Unknown:somebody's Instagram page. So I don't, I don't see like a
Unknown:distinction there. I think that, you know, gamers are also social
Unknown:media personalities. And they're just the platform is different,
Unknown:right? Because their platform is tWitch, mainly. So it's, I don't
Unknown:necessarily see, like, a distinction between the two. In
Unknown:terms of crossover. It's sort of like, you know, I think a lot of
Unknown:gamers don't have a presence on other platforms. But I do see
Unknown:that changing now. Right? I think it's, as these gamers
Unknown:become more personalities and more sort of brands, no, they
Unknown:become brands themselves. It's like they're venturing onto
Unknown:different platforms. And I'm definitely seeing that
Unknown:happening. I mean, in terms of negatives, it's sort of like,
Unknown:it's, you know, the negatives that you see with all the
Unknown:platforms and anyone you know, putting themselves out there on
Unknown:any of these platforms is just you know, the trolls, you know,
Unknown:racism sexism, I mean, that's definitely sadly is not that
Unknown:away. And you know, that's a huge negative because obviously,
Unknown:we know on the internet, everybody's anonymous, so you
Unknown:can be anonymous, I should say, definitely be anonymous. So
Unknown:it's, that's that's an issue that sadly, is not going away
Unknown:and I know a lot of gamers and especially female gamers and
Unknown:gamers of color. LGBTQ gamers have really suffered because of
Unknown:that and it's really unfortunate
Lindsay Poss:Yeah, that's definitely. I mean, there's all
Lindsay Poss:kinds of policy and legislation being talked about with that.
Lindsay Poss:Unfortunately, I think it's just, there's no good kind of
Lindsay Poss:policy solution for that. And I think big companies are trying
Lindsay Poss:to figure it out. And I would, I would really like to get kind of
Lindsay Poss:your opinion on what big companies are doing as well,
Lindsay Poss:because you talk about influencers, moving cross
Lindsay Poss:platform and doing all of that, there is still and we've seen
Lindsay Poss:this, I'm mainly thinking about Doctor disrespect here, who was
Lindsay Poss:banned from twitch. And he then has had definitely a resurgence
Lindsay Poss:and a big following on other social media platforms. But from
Lindsay Poss:a legal perspective, when you're thinking about your clients, how
Lindsay Poss:are you thinking about the power that platforms have? Of course,
Lindsay Poss:it's a First Amendment right for platforms to be able to keep and
Lindsay Poss:get rid of whomever they would like. But are you kind of
Lindsay Poss:thinking about pushing clients to use multiple platforms? In
Lindsay Poss:case there's some type of violation? It could be even a
Lindsay Poss:non toxic type of violation? Are you thinking that it's, it's
Lindsay Poss:good to kind of go all in with certain platforms that have
Lindsay Poss:better or clear rules and restrictions? What are you
Lindsay Poss:thinking about the relationship between creators and platforms
Lindsay Poss:and kind of the power dynamic between the two?
Unknown:Yeah, I mean, I think a lot of creators stuff, burnout,
Unknown:or just creating on one platform, you know, or streaming
Unknown:on one platform, I mean, I think it's not really my place to tell
Unknown:the client like, oh, you should be three different platforms and
Unknown:be creating all this content. I mean, I think it really depends
Unknown:on the individual themselves, right, and how much content that
Unknown:they want to create. I think that, in a way, we're lucky that
Unknown:there are platforms out there, if you do get kicked off, one,
Unknown:you can go to another platform. And hopefully, you were kicked
Unknown:off for the wrong reasons, and not the right reasons. You know,
Unknown:if you're kicking off or making like, terrible, you know,
Unknown:remarks, vote people, etc. We don't necessarily want you on
Unknown:another platform. But I do think like Facebook, gaming is
Unknown:aggressively going after gamers, YouTube Gaming is aggressively
Unknown:going after gamers and trying to get them to sign on with them.
Unknown:So it's a good thing. There's other platforms for sure. But
Unknown:again, like I wouldn't tell my clients if you need to be on a
Unknown:bunch of platforms. I mean, it's just it really is up to them.
Lindsay Poss:That makes sense. Yeah, it was ensure, from, from
Lindsay Poss:your experience, and from the people you've worked with, if it
Lindsay Poss:was, I don't know better or worse to be on multiple. But the
Lindsay Poss:the burnout part is definitely real.
Unknown:Yeah. Yeah. I mean, most of my clients are on more
Unknown:than one platform. You know, at least two if not three, but it
Unknown:is like, you know, now tick tock, obviously, is huge, and
Unknown:the pressure to be there on tick tock So, but it is, I mean, it's
Unknown:creating a ton of content constantly, every single day.
Unknown:And that's, that's tough. So I think that's, you know,
Unknown:something people are keeping in mind as they're thinking about
Unknown:all these different platforms.
Lindsay Poss:When taking a step back to when creators are
Lindsay Poss:actually getting started. When do you recommend or when do you
Lindsay Poss:think I don't recommend is the right word, because I don't
Lindsay Poss:expect you to give free legal advice here. But at what level?
Lindsay Poss:Do you think creators and influencers should start
Lindsay Poss:bringing on legal support services? Or are you seeing that
Lindsay Poss:a lot of people maybe aren't bringing them on and winding up?
Lindsay Poss:Kind of regretting it or, or taking or moving backwards a
Lindsay Poss:little bit later? What does that look like for content creators
Lindsay Poss:out there who may be listening? Yeah,
Unknown:I mean, this is a question I get asked so
Unknown:commonly, and I feel like it's just the most popular question,
Unknown:especially for talent. So I mean, it's, sadly, we do often
Unknown:come in after the fact right, so we will come in because somebody
Unknown:has signed something. And they're like, I signed this, and
Unknown:I want to get out of it. What is this? They're telling me, No,
Unknown:they own all my content, or whatever. So we do try to do
Unknown:some damage control there. I understand. You know, it's
Unknown:intimidating, it's intimidating to think about hiring a lawyer,
Unknown:people think they're going to be paying 1000s and 1000s of
Unknown:dollars in fees. And, and I understand that, but at the same
Unknown:time, if you are serious about building a business, about
Unknown:elevating your brand and all those, you know, all that other
Unknown:great stuff. The second you have a contract in front of you, you
Unknown:should have an attorney review that contract because even the
Unknown:boilerplate the legal boilerplate within it affects
Unknown:your rights and it imposes obligations on you. And because
Unknown:you're creating your own content as talent it's so important to
Unknown:protect that you know, and to make sure just can't use it any
Unknown:way they want for like minimal compensation. So I would say you
Unknown:know, when you get those that first piece of paperwork, it
Unknown:would be good to like consult with somebody and you know, get
Unknown:some help with it and there will be upfront costs, but there's
Unknown:upfront possibility business no matter what that businesses. So
Unknown:it's just absolutely, you know, consider and hopefully, you
Unknown:know, you can find an attorney that can help them be
Unknown:affordable. But I do think it's really important.
Lindsay Poss:I like that you brought up specifically signing
Lindsay Poss:contracts, because I think that's a very easy marker for a
Lindsay Poss:lot of people looking to get into the industry. And I'm so
Lindsay Poss:glad I could ask you the questions that you've been asked
Lindsay Poss:20 times already?
Unknown:No, it definitely always finds you know, and it's
Unknown:so interesting. I totally get it.
Lindsay Poss:Well, speaking of things that are on the mind, a
Lindsay Poss:couple months ago, you wrote an opinion piece on Twitch and DMCA
Lindsay Poss:takedowns. We'll link to it in the show notes. People can check
Lindsay Poss:it out, if they want to read the whole thing. But for those of
Lindsay Poss:you that aren't familiar, I'm going to read a quick scenario
Lindsay Poss:that I need to actually wrote to describe a DMCA takedown. If you
Lindsay Poss:don't know the acronym, DMCA, please just Google it. At this
Lindsay Poss:point, I almost feel like it's part of the vernacular because
Lindsay Poss:it's been around for a while. But this this scenario is that a
Lindsay Poss:twitch user plays a third party copyrighted song in the
Lindsay Poss:background while they stream, the copyright holder of the song
Lindsay Poss:finds out in sense Twitch DMCA takedown notification,
Lindsay Poss:generally, without warning to the alleged infringing Twitch
Lindsay Poss:user. Once the complaint has been verified, Twitch will
Lindsay Poss:remove the allegedly infringing content and issue a DMCA notice
Lindsay Poss:to take down the allegedly infringing Twitch user. So
Lindsay Poss:essentially, is people having their content removed for things
Lindsay Poss:like playing music in the background when they might not
Lindsay Poss:realize that's a copyright violation. So in addition to
Lindsay Poss:this article, you've done more work on how this type of action
Lindsay Poss:from a platform to a content creator can be really damaging.
Lindsay Poss:I was wondering if you could speak more about how you handle
Lindsay Poss:these scenarios with your clients and what creators can do
Lindsay Poss:to protect themselves from having this happen to
Unknown:them? Sure, yeah. I mean, it's, it's tough. It's a
Unknown:really tough situation. Because, you know, twitch in particular,
Unknown:is a platform I don't think has been helpful to users at all.
Unknown:twitches, oh, my Amazon, it's unbelievable to be that Amazon
Unknown:has Amazon music. And somehow there is some deal there that
Unknown:helps creators use music, you know, where there is a catalog
Unknown:of music, they can use it, our current hits, like we're not
Unknown:talking about, you know, stock music from decades. We're
Unknown:talking
Lindsay Poss:about such a good point. Yeah, I have the ability.
Lindsay Poss:Yeah, exactly.
Unknown:So I mean, I don't know, I'm just speaking, I don't
Unknown:know what's going on behind the scenes there. Like how it works.
Unknown:But my point is, from an outsider's perspective, and as a
Unknown:lawyer who represents creators and talent and gamers, it's,
Unknown:it's frustrating, right? Because they should really be helping
Unknown:gamers, use music, be able to use music and the way that they
Unknown:do that, as they make a deal with music companies. And
Unknown:Facebook has done that already. You know, YouTube has to deal
Unknown:with music company. So it's, it's the bottom line is this if
Unknown:you cannot use third party copyrighted content in your
Unknown:content, and that includes music, and it's, you know, I
Unknown:always tell clients that, you know, I explained it this way,
Unknown:how would you feel if somebody took some of your IP, something
Unknown:you created, whether it's a stream or video or photo, and
Unknown:just used it without a credit to you, or any compensation you are
Unknown:without reaching out to you, right? You would probably be
Unknown:kind of annoyed with that, right? You might not want you
Unknown:might not say, Well, you might not go after the legally, but it
Unknown:would be annoying, it would be like that's your work, right?
Unknown:That they've just they're using in their brain fitting
Unknown:commercially. So I advise my clients not to use third party
Unknown:music and their content and to be aware of that, or any kind of
Unknown:third party IP. And, you know, that's just the way it is, I
Unknown:think, people think, for some reason that the internet or you
Unknown:know, the blockchain and these different things that IP laws
Unknown:don't apply. And, you know, for better or worse they do, they do
Unknown:still apply. And so, you know, for me, the solution is for
Unknown:Twitch to make a deal with the labels and music companies like
Unknown:other platforms have and help their users, you know, access
Unknown:legally.
Lindsay Poss:Are there any kind of those systemic changes that
Lindsay Poss:you think would help creators in the future avoid this kind of
Lindsay Poss:infringement and also give give credit to the people that
Lindsay Poss:they're using IP from as well.
Unknown:So by systemic changes, DB changes within the platform
Unknown:themselves?
Lindsay Poss:Yeah. changes within the platforms. Yeah. Or
Lindsay Poss:within rules of use, or? Yeah, it's hard for me to Yeah, but
Lindsay Poss:let's stick with those within the platforms. Yeah.
Unknown:I mean, it's like a set. I mean, the only way that
Unknown:you could use somebody else's IP is if you have a license to use
Unknown:that Right, or like they've given you permission in some
Unknown:way, or they decide rights to you or something like that. So
Unknown:it's, there's really nothing like a platform do in terms of
Unknown:its Terms of Use except for, you know, obtain those licenses to
Unknown:allow users use third party IP, like music, and they're in a
Unknown:position to do that. And they make billions of dollars. And
Unknown:there, they can do it. So I don't know what's preventing it
Unknown:from happening. Like I said, I'm not privy to any of those
Unknown:conversations or anything, but I'm very curious as to why it's
Unknown:not happening. And it's, again, coming from the talent side,
Unknown:it's infuriating, because without the talent, there would
Unknown:be no channel, you know? So that's kind of it's frustrating,
Unknown:for sure. Yeah, well, in
Lindsay Poss:you, you've spoken quite a bit about the talent
Lindsay Poss:side and about the creative process and how you're really
Lindsay Poss:looking to support artists. And you yourself have a pretty
Lindsay Poss:illustrious background in creative pursuits, including
Lindsay Poss:producing films that have premiered at festivals and were
Lindsay Poss:picked up for distribution, How has being in the creative
Lindsay Poss:process and your background in that helped you understand not
Lindsay Poss:only the games clients that you might bring on, but some of the
Lindsay Poss:other digital creators that you're working with?
Unknown:Well, you're very kind. First of all, it's called
Unknown:illustrious, I don't know if that but the thing, how many
Lindsay Poss:people can say with that they've done anything
Lindsay Poss:in film production, give yourself some credit,
Unknown:shape that that's very kind of you. So we so I've been
Unknown:practicing law for a while for within about eight or nine
Unknown:years, and I was sort of disillusioned a little bit, and
Unknown:I, you know, done the big firms thing, and was just like, not
Unknown:loving the law or being a lawyer. And so I was always
Unknown:interested in, you know, the creative process and working
Unknown:with creative people and producing. And so I went back to
Unknown:film school in Canada, where I'm from, and, you know, did this
Unknown:program called the producers Lab, which was just amazing, and
Unknown:life changing, you know, and all of a sudden, I was sitting on
Unknown:the other side of the table in the sense that I was the talent,
Unknown:you know, I was the creative person working with other
Unknown:creative people in order to produce film and film had always
Unknown:been my first love. So it was just such a dream come true. You
Unknown:know, and that was an amazing experience. And I think, you
Unknown:know, I graduated from that program. And I did, you know,
Unknown:the first short, I produced, you know, premiered at the Toronto
Unknown:Film Festival, which was exciting and made its way around
Unknown:the worlds different festivals, and produced an indie feature
Unknown:that got picked up by each one. And that was all exciting and
Unknown:amazing. And I realized, at the end of the day, that I didn't
Unknown:love being a hands on producer on a daily basis, and I but I
Unknown:really loved business and legal aspects of creating things. And
Unknown:that was where my strength was, and my passion was, and so, you
Unknown:know, I went back to law, I would, I would love to produce,
Unknown:if I just had the bandwidth, it's so hard to sort of do
Unknown:everything I'm hoping to get back to it, because I, I would
Unknown:love to executive produce, you know, it's not him not producing
Unknown:every day, but putting projects together and stuff, I would love
Unknown:to get back to that. But you know, it's, it's helpful,
Unknown:because, first of all, you know, I understood what it felt to be
Unknown:vulnerable, you know, it's near the lawyer, you're not
Unknown:vulnerable, like, you have all the answers, people are slightly
Unknown:intimidated by you. But in this case, I was putting myself on
Unknown:the other side of the table, and really, you know, my ideas were
Unknown:under scrutiny, you know, I was getting feedback, it was when
Unknown:you're a creative, this is what happens, you know, people tell
Unknown:you about new give you feedback on your content and your ideas.
Unknown:And, and I feel like that really gives me a great understanding
Unknown:of my clients and the passion to really advocate for them,
Unknown:because I understood what it feels like, and also how hard it
Unknown:is to create content. I mean, they all make it look so easy,
Unknown:but it's hard, it's difficult. It's especially good content,
Unknown:and and it should be rewarded. So you know, having that
Unknown:experience just made me even more passionate for advocating
Unknown:for creative people and talent. And, you know, I love what I do.
Unknown:I'm lucky that I'm somebody that comes to work, and I love what I
Unknown:do every day. But that that to me was really besides learning
Unknown:the technical skills of how to create something. Just being
Unknown:able to experience something in a different way, in the
Unknown:entertainment business in a different way, was just
Unknown:unbelievably rewarding and helpful to me in my legal
Unknown:career.
Lindsay Poss:I think the point that you make about people who
Lindsay Poss:are actually the digital creators to being subjected to
Lindsay Poss:the most criticism and being in the most vulnerable position is
Lindsay Poss:one that I had not thought about before either. That's a really
Lindsay Poss:astute point to me, because we often see an end product and we
Lindsay Poss:don't see the work that goes in to it, and we don't think about
Lindsay Poss:what kind of criticisms we're giving, when we don't
Lindsay Poss:necessarily appreciate that work in the way that the creator
Lindsay Poss:intended. So I can, I can really appreciate that. And I will look
Lindsay Poss:at digital media a little bit differently as a result. So
Lindsay Poss:thank you for that. And for sharing that experience, I do
Lindsay Poss:want to pivot a little bit in our, in our last phone call, you
Lindsay Poss:talked about how you wanted to represent more women in the
Lindsay Poss:industry, and how you set yourself, you have also already
Lindsay Poss:set yourself apart and that you're a creator, or that you've
Lindsay Poss:experienced both sides, that the underground experience of
Lindsay Poss:actually being a creator, and a lot of the clients who represent
Lindsay Poss:our Creator, so you can see it from both angles. What are the
Lindsay Poss:differences you saw, both as a creator and now as
Lindsay Poss:representation for women in the industry?
Unknown:Yeah, I mean, you know, one of the reasons I was very
Unknown:interested in getting into gaming was because I was reading
Unknown:about all these female gamers that were being abused online,
Unknown:were not getting the recognition that they deserved. And that,
Unknown:you know, really made me angry. And I think as women, we have
Unknown:sadly experienced this a lot in no matter what industry you're
Unknown:in is, you know, always having to sort of work harder than your
Unknown:male counterparts or being under, you know, an increased
Unknown:amount of scrutiny and, you know, being expected to sort of,
Unknown:not self promote, and not shout from the rooftops, because
Unknown:that's that, you know, something that women should do. And so
Unknown:that, you know, I think it's improved slightly, I think, the
Unknown:same problems that female creators face. If women just
Unknown:face in general around whether you recreate or you're somebody
Unknown:in business, or you're an attorney, I think it's, you
Unknown:know, there's the same problems that I just talked about. So I'm
Unknown:not seeing a big difference there. To be honest, I think we,
Unknown:we, as women, we continue to try to elevate each other's voices,
Unknown:you know, I can elevate female creative voices, and female, you
Unknown:know, whenever talent signs on to me, like I always sided with
Unknown:me, I always say to them, your success is our success, right?
Unknown:Everybody know, meeting each other. And that's, you know,
Unknown:that's definitely the case. And I'm really proud of my firm's
Unknown:roster, we're really diverse, we represent a an incredible number
Unknown:of women who are doing amazing things just really proud of, and
Unknown:I will say this, you know, and I'll date myself a little bit
Unknown:here, but this whole Gen Z, sort of Gen Z situation, or, you
Unknown:know, the Gen Z generation, so to speak, I will say that I
Unknown:think a lot of these young women are not only amazing, but
Unknown:actually, you know, mean, what they say when they say they want
Unknown:to work with other women, they actually do. And I think that's
Unknown:incredibly helpful. And I think that's something that has
Unknown:changed. I don't think, no, not this my own generation. But I
Unknown:don't think there was that commitment there. And I see it
Unknown:with younger people. And I think it's amazing, I see a lot of
Unknown:young women that are like, I want to work with other women.
Unknown:And they do. And I think that's bringing, that's going to be
Unknown:helpful to address some issues that sadly, are still there
Unknown:today, whether you're a creator, businessperson or attorney,
Unknown:wherever you are as a woman.
Lindsay Poss:I wonder if that's because there has been an AI,
Lindsay Poss:this is a phrase that I've used quite a bit on this podcast, but
Lindsay Poss:it certainly feels like there has been a shift from
Lindsay Poss:competition to collaboration. It's to me, it feels like when I
Lindsay Poss:was growing up, a lot of the women, industry leaders and
Lindsay Poss:business people I had to look up to almost had to put other women
Lindsay Poss:down to secure their own spot in an industry. You know, I'm not
Lindsay Poss:like other women, I'm one of the guys kind of kind of thing to
Lindsay Poss:fit in. Right. And it feels as if that's going by the wayside.
Lindsay Poss:And it feels as if women are getting into positions of power
Lindsay Poss:and are saying, hey, you know, I want to hire more women and give
Lindsay Poss:them the opportunity that I didn't have, rather than
Lindsay Poss:ferociously hanging on to the opportunity for themselves. I
Lindsay Poss:don't know if that's the phenomenon you're describing.
Lindsay Poss:That's definitely my take on it. But it certainly feels we've
Lindsay Poss:become much more collaborative, which is something I really
Lindsay Poss:appreciate.
Unknown:I mean, I 100% agree with that. And I think that a
Unknown:large part of it is the internet, right? Because we're
Unknown:able cooperate with each other very easily. You're able to
Unknown:connect with people easily there aren't all these gatekeepers to
Unknown:go through where it's like, Oh, I wish I could contact somebody
Unknown:at this company. This woman that seems really interesting, and
Unknown:I'm interested in what she's doing. You can DM people now you
Unknown:can reach that, you know, it's the gatekeepers are gone. And I
Unknown:think the spirit of collaboration is definitely it's
Unknown:a great way to put it. I love that you put it that way. I
Unknown:think it's definitely moved from competition to collaboration.
Unknown:But there's also more room for women now, right? There's more
Unknown:room for many different industries. And, you know,
Unknown:hopefully we continue to make these strides in this progress
Unknown:where it's like it is, you know, half the female, you know, half
Unknown:the directors nominated for an Oscar are women like, I hope we
Unknown:can get in or we're not there. Right. But I hope we can get
Unknown:there. So it's, and I do think it's moving in the right
Unknown:direction. But I do have a lot of faith in, you know, all of
Unknown:these young women who are doing amazing things coming out of
Unknown:college, working with other women uplifting their voices.
Unknown:And I'm seeing it for sure. And it's definitely a shift.
Lindsay Poss:That's so one of the things that we've been
Lindsay Poss:talking about on this podcast, in addition to that has been the
Lindsay Poss:building of the metaverse and how one of my big things is, I
Lindsay Poss:do not want the crypto bros to be the ones that are fully in
Lindsay Poss:charge of it. But I would love to get some of your thoughts on
Lindsay Poss:the metaverse how your clients are exploring this idea. As
Lindsay Poss:we've talked about, I do think personally as well, that Gen Z
Lindsay Poss:is a totally different take on it. You know Millennials were
Lindsay Poss:the were considered the digital natives. But even for us, we
Lindsay Poss:haven't fully integrated our lives online in the way some of
Lindsay Poss:Gen Z has, particularly now that they are even having to do so
Lindsay Poss:much school online. But what what kind of things are your
Lindsay Poss:clients exploring within the metaverse arena? And what has
Lindsay Poss:that been like for you representing digital artists and
Lindsay Poss:digital content creators?
Unknown:Yeah, so I think everybody sort of, it's
Unknown:interesting, the beginning of 2022, everyone started to talk
Unknown:about the metaverse, right. So this is like I feel like in the
Unknown:last few weeks, yep. Right now is that people are sitting back
Unknown:and observing and waiting. You know, they know that somehow
Unknown:they're going to have some presence in the metaverse. You
Unknown:know, these social media platforms. Like you talked
Unknown:earlier, you and I for the show about, you know, Facebook,
Unknown:changing the meta. So everyone's kind of I think, right now
Unknown:sitting back and sort of waiting to see what happens. Because to
Unknown:be honest, like, I feel like the metaverse is already here. And
Unknown:in the form of things like fortnight, right like that in
Unknown:Yeah. I'm not sure why everybody's like, Oh, this is
Unknown:this crazy, new thing, but I think it's in within the gaming
Unknown:industry. And this is where the gaming industry is particularly
Unknown:interesting to me. They're already there. And they're
Unknown:already doing it. And you know, coordinated ticular is having
Unknown:concerts within the game, you know, live monsters. And that,
Unknown:to me is really fascinating. And being somebody who loves
Unknown:entertainment and loves the business. I just I saw gaming
Unknown:being having this incredible foresight and already doing
Unknown:things that nobody else was doing in that world. That that
Unknown:was another reason I wanted to be involved in it. But I do
Unknown:think right now my clients are sort of waiting to see like,
Unknown:what is this about? And so that they're ready when it's time to
Unknown:be part of that Metaverse of whatever form that's going to
Unknown:take. I just don't think people know right now what the form is,
Unknown:but I can tell you viewing contracts now. You know if if
Unknown:we're talking about different platforms or exclusivity on
Unknown:different social media platforms, we are carving out
Unknown:the metaverse meaning we're saying this does not include the
Unknown:metaverse not even knowing what that is yet. We might have
Unknown:reserving the right to figure it out. When we get there instead
Unknown:of sort of handing rights over to something we don't even know
Unknown:what it is.
Lindsay Poss:Right. That's such an interesting way of including
Lindsay Poss:it without needing to define it because you're you're absolutely
Lindsay Poss:right in that it's so undefined. And I would like to point out,
Lindsay Poss:as I have before that this podcast was named before the
Lindsay Poss:announcement of Facebook changing its name. So either
Lindsay Poss:they copied us, or it was some really, really wild timing for
Lindsay Poss:us.
Unknown:company out there called meta that I think they're
Unknown:fighting trademarks or something. But yeah, I mean,
Unknown:that's a tough one to trade by. I can tell you right now.
Lindsay Poss:I know. We'll see what happens with that. As as
Lindsay Poss:someone who's also interested in digital art one of the few kind
Lindsay Poss:of Metaverse II things that has that really exploded in 2021. I
Lindsay Poss:guess when we were all bored at home was NF Ts. Do you represent
Lindsay Poss:any clients getting into this space? How do you think about
Lindsay Poss:this as someone who wants to see art rewarded? What are your
Lindsay Poss:what's your take on the NFT marketplace and landscape?
Unknown:Yeah, I love it. Yeah, great. Yeah, I think it's great.
Unknown:I think that we do have clients that are getting into it, who
Unknown:want them in tennis, or you know, we're helping we're
Unknown:educating them on that process and platforms like open see and
Unknown:other platforms you can use and helping them do deals and hiring
Unknown:graphic designers etc. To help them you know, create the
Unknown:artwork and that they want to miss And so yeah, I mean, look
Unknown:at NFT is really just a certificate. It's a digital
Unknown:certificate of ownership, you know, and it's created on the
Unknown:blockchain and that tech, that piece is not going away. Right.
Unknown:So I think when people talk about like, oh, like you bought
Unknown:a JPEG for $3,000, like, Are you an idiot? Like, I don't, that's
Unknown:not what it's about to be, right. Like whether that person
Unknown:donated or not, is neither here nor there is lots of NF T, the
Unknown:token is not going anywhere. And so right now we're seeing it
Unknown:used in connection with digital art. And the mainstream media is
Unknown:picking up the people story with everybody knows $69 million, you
Unknown:know, or the 40 Yacht Club, people know all about those
Unknown:celebrities buying those NF T's. But it's, it's so much more than
Unknown:that. Like, I think you have to sort of look beyond all of what
Unknown:the mainstream media hypes up and look at it simply as a
Unknown:token, I mean, it's a tokenized asset. And so if you just boil
Unknown:it down to that, and attack, I think it's really interesting. I
Unknown:think it's a way for artists to, you know, control their, their
Unknown:artwork, and who gets to buy it, and the different uses that
Unknown:they're granting to that artwork, and also build
Unknown:communities around their artwork, and be compensated for
Unknown:that. That's really interesting and exciting to me, like I'm
Unknown:not, you know, caught up in this NFT bubble and this and that,
Unknown:like, I have no idea whether somebody, you know, the selling
Unknown:things for hundreds of millions of dollars in the last and
Unknown:that's not really my concern. I think, like I said, it's the
Unknown:tech that's more interesting to me and this idea of these
Unknown:tokenized assets.
Lindsay Poss:That's a very well rounded take that I don't think
Lindsay Poss:I've heard before. It seems like we either have people who are
Lindsay Poss:complete diehards, or people who are, this is BS. And and you're
Lindsay Poss:right, in that there hasn't been a lot of people who are looking
Lindsay Poss:at the actual process behind it. And what it what that could
Lindsay Poss:mean, everyone is totally caught up in the surface level stuff. I
Lindsay Poss:love that you pointed out community building as well,
Lindsay Poss:because that is a very powerful tool. And it's one that
Lindsay Poss:definitely has, has taken off in conjunction with some of these
Lindsay Poss:sales, but that nobody's talked about how many communities have
Lindsay Poss:sprung
Unknown:up like this successful NFT campaigns that you're not
Unknown:seeing on the news are the ones that have built up these
Unknown:communities, right. And within those communities, people want
Unknown:to trade NSCs, they want to collect a certain artist or an
Unknown:artist that like on a much smaller sort of micro scale.
Unknown:That's what I'm interested in, because I think that's going to
Unknown:get bigger, and that's going to be more artists are going to get
Unknown:into that. I will say this, though, there's definitely
Unknown:scammers out there. So the people that are like, this is
Unknown:BS, I understand the skepticism, because there are scammers out
Unknown:there. And a lot of people say and I do think there's some
Unknown:truth to this, you do have a few big players involved, who, for
Unknown:them, it's about raising the value of their crypto that they
Unknown:earned that they own right, and how to put value onto that
Unknown:crypto by buying these assets, and then selling them for higher
Unknown:prices and keeping that you know, keeping the price of
Unknown:crypto high, whatever that whatever version, the Kryptos
Unknown:in, I do think that that's happening. But I do think
Unknown:there's this whole other world underneath that, that where it's
Unknown:actually going to be really useful to like the little people
Unknown:like, you know, you and I like the average person, right, who
Unknown:just is interested in digital art and tokenized assets. So,
Unknown:you know, there's, there's cameras everywhere, but no, I,
Unknown:what can you do?
Lindsay Poss:But I think well, I like that. Yeah, I like that
Lindsay Poss:nuanced take, though. And you're right. There's problems with in
Lindsay Poss:any industry. It's not. It's not new to have issues in an
Lindsay Poss:industry and especially a tech industry, if we're being real.
Lindsay Poss:Yeah, that's completely understandable
Unknown:government. I do think because of the money laundering
Unknown:issues and stuff like that. I do think the government will get
Unknown:involved in and that'll be another, you know, interesting
Unknown:development, and we'll have to navigate that. And as attorneys
Unknown:will have to know about it and help our clients navigate it, it
Unknown:will happen. It hasn't happened yet. But you know, it's it's an
Unknown:amazing world. It's evolving every day, but I would not write
Unknown:off and MCs at all. That's a good
Lindsay Poss:Yeah, I think that's a really good way of
Lindsay Poss:putting it. I want to before we move on to our last segment, I
Lindsay Poss:want to quickly summarize some of the things that we've talked
Lindsay Poss:about. It's I can't believe we've already been talking for
Lindsay Poss:almost 40 minutes now. It's gone by so quickly. We started with
Lindsay Poss:digital creators and how they have a wide array of skills,
Lindsay Poss:gaming influencers. It's looking a lot Like where social media
Lindsay Poss:was in 2013, as in its social media and gaming platforms can
Lindsay Poss:be a place to start and build a business. Social Media and
Lindsay Poss:Gaming are really the same industry. And there's way too
Lindsay Poss:much overlap to draw a distinction. People on all
Lindsay Poss:platforms should be aware of how they're using third party IP.
Lindsay Poss:One of the best things we talked about was how collaboration has
Lindsay Poss:become much more at the forefront of getting different
Lindsay Poss:people into the industry, particularly women. I'm hoping
Lindsay Poss:that maybe that collaboration, not competition, also applies to
Lindsay Poss:some different minority and other stakeholders. So we'll see
Lindsay Poss:where that goes. But at least being able to widely reach
Lindsay Poss:people and not having gatekeepers. Being able to DM
Lindsay Poss:those people on LinkedIn and ask questions, has helped women
Lindsay Poss:tremendously. I loved your take on the metaverse that it's
Lindsay Poss:already here. That gaming has had incredible foresight on
Lindsay Poss:building the metaverse and what people they have a lot of games
Lindsay Poss:have done with people haven't been doing. I also like that you
Lindsay Poss:said that you feel that there's a lot of observation going on.
Lindsay Poss:And people are thinking about next steps and kind of seeing
Lindsay Poss:what's going on and learning the industry. We rounded out a
Lindsay Poss:discussion with NF T's which had to be the the buzzword of 2021.
Lindsay Poss:But you had a very balanced and nuanced take, which is that the
Lindsay Poss:press kind of overhyped, the artistic side and huge sales,
Lindsay Poss:but that there's a lot of opportunity for tokenized act
Lindsay Poss:assets and for everyone to use them. And I think that that's a
Lindsay Poss:great point. So the very last segment I like to do I like to
Lindsay Poss:do with every guest on the show, it's kind of a moment for you to
Lindsay Poss:reflect on your career. And think about how your career has
Lindsay Poss:changed over the years. So I would love to ask you what is
Lindsay Poss:one thing you would like to tell your younger self about getting
Lindsay Poss:into the gaming industry? Or in your case, kind of the gaming
Lindsay Poss:and influencing industry and being successful?
Unknown:Yeah, it's, you know, I think my younger self was pretty
Unknown:confident, maybe border like cocky a little bit of what I
Unknown:could accomplish in a short amount of time, I think, you
Unknown:know, the biggest thing is that it takes time, and I recognize
Unknown:that also with the gaming industry. You know, my firm, we
Unknown:do represent some amazing gamers, but you know, we're
Unknown:just, it's a new space for us. And it will take time. And you
Unknown:know, it's important to develop relationships, and, you know,
Unknown:talk to everybody and network. And, you know, I think it's
Unknown:really I would tell my younger self, you know, don't think that
Unknown:you're going to be the preeminent gaming attorney. You
Unknown:know, in June of 2022, I would love if that would happen. But
Unknown:these things take time. And it takes time to build a roster.
Unknown:And so, you know, I'm confident it can happen and we will
Unknown:continue to build our gaming practice, but you know, just
Unknown:sound like a broken record, all of these things take time and
Unknown:just slow down and really think about what we're doing and in
Unknown:handle, you know, all of our matters of care which we do so.
Unknown:Yeah, that's I think the biggest thing I would tell my younger
Unknown:self.
Lindsay Poss:I like that. Yeah. To to be patient. Easier said
Lindsay Poss:than done. Thank you so much for coming on lead. I really
Lindsay Poss:appreciate it. If for our listeners out there who haven't
Lindsay Poss:checked out her interview on business of esports. I highly
Lindsay Poss:recommend that as well. So great episode, where can people find
Lindsay Poss:you? If you want to be found? Well,
Unknown:sadly, I'm going to be the boring lawyer and just tell
Unknown:you on LinkedIn, because that is really the only platform that
Unknown:I've activated i i tell my clients you know, they're like,
Unknown:Well, you don't really you know, you don't post on Instagram
Unknown:stuff like you know, you probably want your attorneys to
Unknown:maintain an error a little bit.
Lindsay Poss:Totally agree with that.
Unknown:To see all my personal life and every second of the
Unknown:day, what kind of sandwich I ate earlier, but I Yeah, it's
Unknown:LinkedIn is definitely the best place.
Lindsay Poss:Got it? Well send send your law questions to Anita
Lindsay Poss:on LinkedIn, if you still have them. For all of our listeners
Lindsay Poss:out there, make sure you leave those five star ratings and
Lindsay Poss:reviews. Be sure to also check out other holodeck media
Lindsay Poss:podcasts, including meta business for all the metaverse,
Lindsay Poss:finance stories you could ever want, and the aforementioned
Lindsay Poss:business of esports for interviews with industry
Lindsay Poss:leaders, you can catch me Wednesday nights on the business
Lindsay Poss:of esports live after show so you can come in and ask me
Lindsay Poss:questions. And you can catch this podcast on your feed every
Lindsay Poss:Tuesday. We'll see you next week.
Unknown:Thank you.
Unknown:Thanks for joining us here on meta woman. Make sure to
Unknown:subscribe to this podcast everywhere you get your
Unknown:podcasts, leave a five star review and tell your friends,
Unknown:family and colleagues all about us. Also, make sure to follow
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Unknown:content anywhere. Tune in every week for another episode of