Season 4, Episode 3. Professor Marc H. Greenberg – Decoding Intellectual Property in Fandom

Join us on an enlightening journey with Professor Marc H. Greenberg, the esteemed author of “Fandom and the Law,” as we unravel the complex tapestry of fan-created content and its intricate dance with intellectual property law. 

Discover how fans’ passion for media manifests in fan fiction, art, films, and cosplay, often blurring the lines between amateur and professional pursuits. With Professor Greenberg’s expertise, we navigate the labyrinth of legal boundaries and explore how these creative endeavors can open doors to professional opportunities within the industry.

Get ready to discover how fan creators bravely navigate the legal landscape through concepts like nominative fair use. Together, we’ll delve into the evolving relationship between passionate fans and the original creators they admire, exploring how fan suggestions can be beautifully woven into official works. This journey raises thought-provoking questions about intellectual property and the powerful influence of fandom. 

Journey through the challenges posed by legal guidelines, like those from Paramount for Star Trek fan films, and understand the importance of staying informed about fair use law and its transformative doctrine.

As we venture into the future, we tackle the transformative role of generative AI in creative fandom, highlighting both its potential and challenges. From ethical considerations and legal battles surrounding AI-generated content to the impact of deepfakes, this episode ensures you’re at the forefront of understanding the digital age’s impact on fan creativity. 

Hear insights on safeguarding intellectual property, the pivotal role of legal counsel, and the strategic maneuvers creators must adopt to protect their rights in a world where AI’s influence is ever-expanding. 

Join us for this essential dialogue on the intersection of fandom, creativity, law, and technology.

The Afterlife of Innovation: Can IP Outlive the Business That Created It? Intangiblia™

A company can vanish from your pocket and still show up in court and that is not a metaphor. We take a hard look at the afterlife of innovation and the real business question behind it: can intellectual property outlive the company that created it, and if so, what legal structures make that possible?We trace six vivid case studies that turn “failed products” into ongoing value. BlackBerry shows how patent monetization and portfolio restructuring can create immediate liquidity while keeping a long royalty tail and upside participation. Nokia shows what happens when IP moves from consumer devices into network infrastructure, where standards essential patents and FRAND commitments can produce durable, recurring IP licensing revenue. Ericsson takes the same idea and makes it operational, using deals that shift ownership to specialist entities while retaining tiered revenue shares, aligning incentives and keeping the program disciplined.Then the tone gets sharper: Nortel reveals how bankruptcy restructuring can turn patents into the centerpiece of an estate, driving auctions and creditor recovery. Kodak demonstrates how timing, litigation risk, title clarity, and negotiation pressure can reshape patent portfolio valuation, even when the underlying innovation is strong. Technicolor closes the loop with a deal engineered like a financial instrument: cash up front, future revenue participation, and a license back to keep operating.If your business changed tomorrow, would your intellectual property still be creating value? Subscribe, share this with your team, and leave a review with the one IP strategy you want us to unpack next.Send us Fan MailCheck out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats.The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.
  1. The Afterlife of Innovation: Can IP Outlive the Business That Created It?
  2. Case Study: Lindt’s Gold Bunny Trademark Saga
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  4. Founders, Funders, Futures: Rising at Start Summit 2026
  5. The Legal Dugout: Baseball’s Intellectual Property All Stars

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