Wednesday, December 15, 2010

The Questions

Its difficult to narrow down just 10 questions to ask a lawyer about intellectual property because there are so many things that could be covered and so many questions that could be asked. "The commercial value of intellectual property comes from the ability of its owner to control and exploit its use."(pg4) When trying to find my ten questions i decided to look at my classmates blogs to find the best 10 questions that relate to my degree which is photography."All art works(photos, paintings, and so on) are protected under copyright."(pg321) I am going to add an extra question because i thought that it was important as well and i was interested in the answer because it relates to all artists in all areas of intellectual property.
My eleven questions are all important to anyone who creates art. "Typically, intellectual property encompasses creative works, products, processes, imagery, inventions, and services and is protected by patent, copyright, trademark, or trade secret law." (pg4)
1. What is the first step someone should take if they find someone using their intellectual property without permission?

2. What is the best way to protect your intellectual property?

3. Does intellectual property protection stay the same is digital form VS printed form?

4. Do you recommend i personally contact a company or individual that has stolen my artwork or contact a lawyer?

5. Is it better to use a template or have a lawyer draft a contract for my design?

6. What are the common legal issues when doing freelance work?

7. Do all stated deal with intellectual property the same? How do they differ?

8. What is the best way to protect my interests when doing freelance work?
"For purposes of the Copyright act, a work made for hire is: a work created by an employee within the scope of employment, or certain works specified in the copyright act created by an independent author under a written contract specifying that the project is a work made for hire."(pg319)

9. Is there a common time frame for a intellectual property case to be settles upon?

10. When is it necessary to trademark or copyright my intellectual property?
"Trademark law consists of the legal rules by which businesses protect the names, logos, and other commercial signifier used to identify their products and services."(pg378)
"Copyrights are granted for original creative expressions produced by authors, composers, artists, designers, programmers, and similar creative individuals."(pg5)

11. To what degree does my design or idea have to differ from another author?
"The author of a work of expression subject to copyright protection is one of the following: the person who creates work, the person or business that pays another to create the work in the employment context, or the person or business that commissions the work under a valid work-made-for-hire contract." (pg215)

All Quotes are taken from Patent, Copyright & Trademark nolo 11 Edition

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