The people that i thought were most successful in their attempts to do the final projects are in this blog 1 being the most successful to 24 being the worst.
1. Lee, Sean Anthony http://primarydesign702.blogspot.com/
2. Howard, Brett Carroll http://accudraft45.blogspot.com/
3. Chambers, Everett Warren http://vegasinteriors.blogspot.com/
4. Bowman, Robert B http://bowmanlifestudios.blogspot.com/
5. Angel, Renferd K http://angelaudioproduction.blogspot.com/
6. Casey, Daniella ME http://daniella-casey.blogspot.com/
7. Schmidt, Chase M. http://colorblindproduction.blogspot.com/
8. Lucero, Chelsea Elizabeth http://chelzzlucero.blogspot.com/
9. Orton, David Wayne http://vemg.blogspot.com/
10. Hearty, Raymond http://raygamepro.blogspot.com/
11. Terheide, Melinda M http://terheidedesigns.blogspot.com/
12. Uy, Maria Feinila D http://madeirich.blogspot.com/
13. Valencia, Eduardo http://eduardov425.blogspot.com/
14. Spencer, Randi J http://boysgrowup.blogspot.com/-not fully completed
15. Cordova, Jake Charles http://jakenstein151.blogspot.com/-not fully completed
16. Hayford, Kristin http://rockabillybabydesigns.blogspot.com/-not fully completed
17. Smith, Cary Keola http://kotcc.blogspot.com/- IDK?
18. Hardy, Tyrone http://cajogi.blogspot.com/-not fully completed
19. Silvera, Richard Michael,Jr http://rmsfilms-richard.blogspot.com/-not completed
20. Lopez, Osvaldo http://ozzy702.blogspot.com/-not completed
21. Hernandez, Edwin Jess http://mogulvision.blogspot.com/-not completed
22. Hasson, Keith http://keithhassonailvmma.blogspot.com/-not completed
23. Ferreira, Charles Edward http://champf.blogspot.com/-not completed
24. Beymer, Eric D. http://ericbeymerphoto.blogspot.com/-not completed
Thursday, December 16, 2010
my opinion
Considering in this day and age with our mass media and there is so much going on with the Internet that it is impossible for there not to be infringement of any type. you can download music, movies, and software from many different sources without much consequence. I think that there should be new ways of compensating artists for their work because anyone can post something online whether it belongs to them or not and whoever created that work gets nothing. the old ways of doing business in the entertainment industry are over so new ways need to be presented so that we don't continue to cheat people out of their intellectual property. copyright laws are nearly impossible to enforce anymore, it seems like things are public domain immediately after they are posted online. Another thing that i didn't know anytime i create something its copyrighted immediately. "As a result of the copyrighted term extension act of 1998, most copyrights for works published after January 1, 1978, last for the life of the author plus 70 years." (pg198) Another thing i started doing after starting this class is keeping a notebook of my artworks and the date they were created, this is mainly for inventors but i am going to do it as well. "Many inventors maintain a journal in which they record when and how they conceived of an invention and specify all procedures, dates, actions, failures, successes, contacts, and other events that occur in the course of building and testing the invention." (pg 96) Its good to know being a photographer that "the photographer is considered the author and original owner of copyright." (pg296) "Photographic images are predictable under copyright law whether in print or digital format." (pg 296)
All Quotes are taken from Patent, Copyright & Trademark nolo 11 Edition
All Quotes are taken from Patent, Copyright & Trademark nolo 11 Edition
rule of law
Everything i have learned in this class is valuable information that can be used to keep me safe from infringers. Alot of people choose to steal from authors/artists because they can, its easy. Many people will go on to limewire and download hundreds of songs without thinking about it, "the distribution of MP3 files is an infringement unless authorized by the respective copyright owners." (pg281) Many people pirate movies as well and i don't think that they really understand what they are actually doing. knowing that at anytime one of my photos could be taken right offline i realize that i have to protect myself from those who choose to break the law. The best way you can protect yourself is through patents, copyrights and trademarks. Those are my artworks, "A creative work is protected by copyright the moment the work assumes a tangible form" (pg196) and i don't want someone stealing what i worked hard to create. After talking to my lawyer i did feel conferable about being protected against infringement of my works. The lawyer i spoke to is Daniel E. Klaus and he is a partner at Rembolt Ludtke in Lincoln Nebraska. http://www.remboltludtke.com I don't think that all lawyers are just in it for the money but i think that there are more like that than not.
All Quotes are taken from Patent, Copyright & Trademark nolo 11 Edition
All Quotes are taken from Patent, Copyright & Trademark nolo 11 Edition
Wednesday, December 15, 2010
Reasoning of the Law
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
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
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
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
Legal Authority-How i made contact
Choosing a lawyer is quite difficult. Lawyers specialize in many areas and its not smart to have a divorce lawyer help you with an intellectual property case. When looking for a lawyer i took this into consideration. "Intellectual property consists of several separate and overlapping legal disciplines." (pg5) It can get confusing dealing with intellectual property. The four types of intellectual property are patent law, copyright law,trademark law, and trade secret law. So it is important to find the correct lawyer who knows about these areas of the law so that you and your property are best protected against others. "Intellectual property laws, along with court decisions and regulations, establish rules for the following activities: the selling or licensing of intellectual property, resolving disputed between companies making or selling similar intellectual property products and services, and the registration and administration of intellectual property."(pg5) There are grey areas for laws of any kind, and because of this i tried to find the best lawyer i could for my questions. When calling around i realized that many lawyers were busy and wouldn't give a student the time of day because of the fact that they wouldn't receive a check for the consultation. After calling and receiving no word for the multiple lawyers, i tried some personal family lawyers. The first family lawyer that i contacted said that he didn't specialize in intellectual property law and probably wouldn't be able to answer my questions very well. "Intellectual property refers to products of the human intellect that have commercial value and receive legal protection."(pg4)After that i called my mothers lawyer who was more that happy and experienced to help answer my difficult questions. Even after answering my 10 questions for this class assignment i asked him some additional questions that helped me shape my ideas and knowledge of intellectual property even more.
All quotes are taken for the textbook Patent, Copyright & Trademark Nolo 11th Edition
All quotes are taken for the textbook Patent, Copyright & Trademark Nolo 11th Edition
Thursday, December 9, 2010
robert kearns vs erin brockovich
The thing that brought these 2 movies together is that they both got that justice that they were after. I really enjoyed also how these two movies focus on how the underdog gets screwed over and then they work their hardest to get what they deserve but at the same time they are working against huge companies that could easily ruin their lives and make them miserable. Both of these people worked their tails off and it paid off they are showing that big companies can’t take advantage of regular everyday people without consequence. I think that they showed immense bravery. At the same time I think that at the beginning Kerns went about it the wrong way and for that he was wasting his time. It took him forever to sue them and over time he lost a lot of his life, and ruined his marriage. I feel bad for him but at the end of the whole thing he got what he wanted. Erin helped a lot of families with her lawsuit which was very heartwarming. I think that working hard and not letting people take advantage of you can pay off in the end, but I guess not every time. It’s sad that companies think that just because someone is not as educated as them or they don’t have a lot of money that they can walk all over them and take whatever they want. Erin was an incredible person who cared about many people and that’s why she put herself out there to help. Kerns wanted to show that this has happened to a lot of other people and it’s not right. I agree with them taking a stand and doing what is right even though a lot of other people thought they should drop it or settle they knew that it wasn’t an option.
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