The lawyer i spoke with didn't have all the time in the world to talk to me so the answers to my questions weren't completely in depth, they are just scratching the surface. I think that he did make some valid points and i was very interested in his answers.
1. What is the first step someone sould take if they find someone using their intellectual property without permission?
1A. The first legal step that you should take when finding out that someone has taken your property without permission is to contact a lawyer with expertise in intellectual property to send a cease and desist order. "This letter informs the alleged infringer of the validity and ownership of the copyrighted work, the nature of the infringement, and the remedies that are available to the copyright holder unless the ifringement is halted." (pg219)
2.What is the best way to protect your intellectual property from copyright infringers?
"In the event someone infringes the exclusive rights of a copyright owner, the owner is entitled to sue in federal court and ask the court to: issue orders to prevent further violations, award money damages if appropriate, and is some circumstances award attorney fees." (pg199)
2A.Make sure your copyright is still active, and if you grant permission for others to use it limit it as much as possible. Also put notations on it as a protected status.
3. Does intellectual property protection stay the same in digital form VS print form?
3A. Both are protected, but it is harder to protect digital media more because it can by manipulated to impact the status. For example, "The DMCA prohibits circumvention of digital anti piracy devices and the removal of secret codes known as digital watermarks from the digital files." (pg274) Just because its prohibited doesn't mean it cant be done.
4. Do you recommend i personally contact a company or a individual that has stolen my artwork or contact a lawyer first.
4A. I recommend you contact a lawyer to handle any legal issues you may have with any company or individual because anything that happens between you and a company/individual can be held against you in a court of law.
5. Is it better to use a template or have a lawyer draft a contract for my design?
5A. You should have a lawyer make an initial draft that you can use for many different agreements with different clients that covers everything you want to put into the contract. There are also single use agreements and particular types.
6. What are the common legal issues when doing freelance work?
6A. It depends on who owns the work that is produced and what are the rights to reproduce the work.
7. Do all states deal with intellectual property the same?
7A.For the most part they do because it is federally protected. " In the United States, copyright protection derives from the U.S. Constitution, which requires that original works of authorship be protected by copyright." (pg200) "The current source of this protection is the federal copyright act of 1976, as amended."(pg200) "There are no state copyright laws." (pg200)
8. What is the best way to protect my interests while doing freelance work?
8A. You need a contract the outlines the duties and responsibilities of both parties. Also it needs to be clear who uses the work at the end of the job.
9. Is there a common time frame for a intellectual property case to be settled upon?
9A. There is no common time frame it can take from a month to many years to be settled upon.
10. When is it necessary to trademark my intellectual property?
10A. Generally a trademark identifies anything unique to your business. Anytime you have something that distinguishes you from another company.
11. To what degree does my design or idea have to differ from another author?
11A. There is no degree or extent that it has to differ it just cannot cause confusion in the company or with the art.
All Quotes are taken from Patent, Copyright & Trademark nolo 11 Edition
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