Tuesday, September 18, 2012

Week 11 Final Evaluation: Forced Choice

Overall I think that everyone did a good on the project. They seem to really get into the project some more then others but everyone still doing a good job. Everyone had a lot of different ideas in what they wanted to know about different things. As far as overall blogs some people I feel like could have done better and have more potenional to do better quality work. One of the people who seemed to do good was Kylie Cameron. She had a lot of good points, which made the blog interesting. The second person would be myself I feel as if I but a lot of hard work into the blog and that I got a good understanding of it all. The next person would be Zach even though in the finial project he was missing some things his overall blog was amazing. Someone who did a really good job as far as their finial project and blog would be Amer. He had everything in place which to me is really good because it was easy to find things. The fourth person would be Lisa her finial project was interesting and she had a lot of good narrative during her blogs. The Fifth person would have to be Chris is blog was interesting and his finial project to me was really good and right to the point.  Bryan would be the next person in line in the list of favorites. He had a lot of unique things to say in his blog, but their was finial which was upsetting. After Bryan I would have to go with Rom just because of the effort with the overall blog. Following would go Alicia , Ericka , Andrea just because their blogs where not fully in place and they also did not really follow the directions on the finial which was upsetting. 

Your Own Argument and Opinions


I agree with how my lawyer went about answering my questions there where a lot of different ones that I could have asked in a more construed sense. With that I feel as if he wanted to give the most logical answers that he could give me. He gave me taught me more about the different types of copyrights. He also gave me a lot up on learning about copyright infringement, which refers to “an unauthorized use of copyrighted work that violets the copyright owner’s exclusive rights in the work constitute an infringement.” (Patent, Copyrights & Trademark Page 237 Richard Stim). Which I think was important for me to learn in the fact that after school I plan on modeling and having my own talent agency. Seeing that I would need to trademark my name of the company would be very important to so that there is not confession. “In trademark law, fair use is a defense to a claim of infringement in which the defendant asserts that the use is to describe the goods.”  (Patent, Copyrights & Trademark Page 240 Richard Stim). With that being said that’s why my name of everything that I would want to own would have to be trademark. I think that the fact that I know now how bad I need go about getting a trademark and patent is going to be. Which includes getting licensing of copyrights, also licensing lof any other things I might need to get copyrighted. In the text of ( Patent, Copyright & Trademark Page 289) “A license may be either exclusive or exclusive and can be restricted by territory, time, media, purpose, or by virtually any other factor desired by the parties.”  (Patent, Copyrights & Trademark Page 300 Richard Stim). In the end of it all I think my lawyer was right about all the facts that he given me on the walk through the different laws and copyrights in the end I see that dealing with different trademarks can also be really serious for someone in my field. In the finding of everything some of my questions where dealing with trademarks. “Trademark law also addresses treaties signed by a number of coutries that make it easier” (Patent, Copyrights & Trademark Page 380 Richard Stim) With that being said im happy with the outcome of it all and would go back to using him. 

Tuesday, September 11, 2012

EOC Week 10: Lawyer Jokes

What's the difference between a good lawyer and a great lawyer?
A good lawyer knows the law. A great lawyer knows the judge. - ( http://brainden.com/lawyer-jokes.htm 

What's the difference between an attorney and a pit bull?
Jewelry.- ( http://brainden.com/lawyer-jokes.htm 

What happens when you give Viagra to lawyers?

They grow taller!- (http://www.101funjokes.com/lawyer_jokes.htm)

How many lawyers does it take to change a lightbulb?
        A: Three. One to climb the ladder. One to shake it. And one to sue the ladder company. -  (http://www.swapmeetdave.com/Humor/Lawyer.htm)

Q: What's the difference between a female lawyer and a pitbull?
A: Lipstick. - ( http://www.iciclesoftware.com/LawJokes/IcicleLawJokes.html)

Thursday, September 6, 2012

Rule of Law


I think the way my questions are going that a lot of them are just really straight forward in the wording so that I think that will make the project flow better.  Now that I’m just waiting on the reply from my lawyer I think is giving me time to really look over the questions myself. The n do more research as I go on to read the other parts of the book. In the learning of the book I see that “Trademark law confers the most protection to distinctive names, logos, and other marketing devise.” (Patent, Copyrights & Trademark Page 380 Richard Stim). As well as looking father into the trademark law this contains a lot of information that I might need for other ventures in the future or the present.  Not  knowing that there where different things that can not be considered under trademark law help me out as well. “Trademark rights are derived from the continued use of a mark in commerce.” (Patent, Copyrights & Trademark Page 380 Richard Stim) with that you have to be careful in what you put under the law. Then while waiting for replies from the lawyer I wanted to see what would really happen if say something was not to be copyrighted from the start and someone was to go and say the product was there’s. “Some uses of a copyrighted work are considered fair use that is, the use may infringe.” (Patent, Copyrights & Trademark Page 201 Richard Stim) seeing all the different facts from the copyrights and trademarks made me think about my question once more and seen that maybe they  where a little to out there and they needed to be more narrow. In the end I was happy with them and how they turned out. I had so many other questions but no time to send them. What is my copyright on a photo where infringed? Well that’s when I went to the book “In the event someone’s infringes the exclusive rights of the copyright owner, the owner is entitled to sue in federal court.” (Patent, Copyrights & Trademark Page 200 Richard Stim)

Reasoning of the Law

I think the way that my lawyer answered my questions where more to the point then anything else. A lot of them had to do with breach of contract and simple copyright rules. Just as for some of the questions I would put under the category of creation and publication. Which in tells “ Your work was created on the day you completed it- the day you stood back and said “im done”” (Patent, Copyright, & Trademark Page 367) Which with my questions would apply when I am done modeling or when one of my models are done modeling. Its just common law. I think of the other logic behind his answers would be trademark law I did not really understand some of the answers but from what I read alt of trade marking my name or anything having to do with me would be fine. Then from how I know trademark law it is “ Trademark law addresses the overlapping and conflicting uses of trademark service marks, and trade dress by different business” ((Patent, Copyright, & Trademark Page 36) The knowledge of the different laws by lawyer kjnew about caught my eye just because this is not his field of study. There where also some points in the findings while reading some of the feed back from my lawyer I thought about fair use of the photographers I work with and also me personally modeling.  “ The Copyright Right Act permits any person to make fair use of a published or unpublished copyright work”(Patent, Copyright, & Trademark Page 263) I think the fact that my lawyer gave me a lot of help during the fast time was brilliant. Then also seeing that I woulde need different things when starting a modeling company with underage girls opened my eyes so that I would need to look at the family entertainment and copyright act of 2005. just because there would families involved in the business. This act “a collection of provisions reflecting the interests of various lobbying  groups”. (Patent, Copyright, & Trademark Page 267) . I think overall my lawyer was very good insight on what the questions where and I will be contacting him in the future.

The Questions

The reason I chose to do a lot of the questions I did where because I am a freelance model, aldo because I wanted to incorporate some of it with my business owner ship class. I want to know what I need to look out for while doing photo shoots what contracts it takes to do different photo shoots. Seeing that most of the things need different copyrighting laws and a few of the intellectual laws. “Intellectual property laws don’t prevent someone from stepping on the owners rights.” ( Patent , Copyright And Trademark Page 5 Introduction] , with that I wanted to know what I needed to know about modeling , photo shoots , and the different legal actions I should take with some things that would happen. Knowing the different copyright laws will help me personally with doing photoshoots so I know what part of the photo or anything I own. Seeing the different forms of copyright infringement makes it a bigger photo as the book puts it “Any unauthorized use of a copyright work that violates the copyright owner’s exclusive rights in the work constitutes an infringement.”   (Patent, Copyright And Trademark Page 237 ) The questions I  choose have a lot to do with my field and also a photography filed because you want either the photographer or model or even the stylist to know their rights. Also learning about the rights and permissions contact helps a lot. In the book they state that “ A copyright gives the owner of a creative work the right to keep other from unauthorized use of use.”  ( Patent, Copyright And Trademark Page 197) . However this is right but what if there are three owners how is the copyright issued out, what about if there is a logo showing in a photo shoot that no one asked if they could used? Questions like that I wanted the answers too. The answers to some are answered by reading say about dividing the copyright “ When all copyright rights are transferred unconditionally, it is generally termed as an assignment” ( patent  Copyright And Tradmark Page 199) . Those where some of the basic questions that I wanted more in depth answers to. So by that I went to the lawyer of my choosing. 

Tuesday, September 4, 2012

Week 9 EOC: Permission Letters


Permission letter I think are good in the fact you know how to be copyrighted. They are also good so that everything runs smoothly when you are doing something in your field. Permission letters I think are also a way of promotion for you. Because then people know that you are serious and that you mean business. Permission letters come in handy when you need to rent a certain space or when you need to use a logo or etc. They are the type of things that some people don’t think about getting or doing until they are already being handed a lawsuit. Some of the permission letters that apply to my major would be the ones to have some logos showing or say a graphic tee shirt. Then also getting a press release agreement. Permission letter are important due to the fact that if you don’t get one then you will be somewhat in deep trouble. Because it acts ad you are stealing someone’s material.
In the place that I want to go I think I would need a lot more press release agreements then anything. Just because I want to work with styling or working with models so press release agreements would be important for me to have. Just because you don’t want people to distort your photos or to use images that are not good for the image that you have in mid for yourself. Those are some of the reasons why I think press release are good for me and what I want to do after college. Permission letter for me to redo a look in a room might also need a permission letter. That way you are not stealing the work of someone else. So using permission letters and getting them are super important in today’s world just so you won’t be sued. 

Tuesday, August 28, 2012

Week 8 EOC: Bratz Brawl

I think the whole thing with the Bratz brawl is somewhat crazy. Because if someone was doing it as a freelance project then they should have all the rights. I feel like Mattel wants to just be apart of the brand that Bratz has created, because they did not think of it first which is sad they cant just compete with another company. I think that Mattel is wasting their time just suing MGA over something that is not theirs by a person who worked for them asnd did something on their own. "It is a colossal waste of money," says Sean McGowan,  toy industry analyst at Needham & Co. Which is a very a wise statement to say just because they want to go back and fourth about something that they don’t have the rights to in the first place.  Mr. Larvin who has ownership of the Bratz dolls stated "We look forward to the judicial system to correct the wrongs Mattel has done to MGA over the years." Mattel is doing so much wrong that they cant even see it. They are acting if you ask me very childish and immature over intecual property that has never been theirs. It makes you think about how did they treat their employees. Because if someone is to do something on the side and works for them then is their product considered Matels product? Just because they are or where an employee with a company does not mean they have any rights to that person project its just common sense, which they are showing, they don’t have. MGA is correct and trying to get the legal rights back from Matel for the work they have put into the Bratz collection In  the words of Judge David O’ Conner "This will be a remarkable trial” which it is because they are just going  back and fourth and back again. If I was the judge I would rule in the favor of MGA all the way just because they are the original creatures of Bratz. I think that after this trail they both should just give up and stop going back to court over it. Then if you think about it Matel has so many other products why cant they let the next person have a successful product. Why must they be so money hungry and greedy about the fact that something is not theirs. I would stand behind MGA but I think they should also try and come up with a different product that they can make money from because of the fact they only have one major product which they keep battling over that is going no where. 

Week 8 BOC: Progress In Getting Lawyer

So far I have just about finished my questions that I have wanted to talk to an lawyer about. The thing that gets med stumped is if I am  asking the most logic questions. I really want to find a lawyer more in my field. I had the thought to ask my current critical thinking teacher Todd, who works with patents and does legal things with artist. Until I was told that I was not able to use him. I also asked my family if we had anyone in our family who does any legal work. I’m currently moving on to plan B. Which would be to call lawyers and see if I’m able to talk to them with the ten different questions that I do have. I’m also going to ask Todd if he knows anyone that does some of the same things he does that I would be able to talk to. I Never knew finding a lawyer to just answer questions could be so hard. I guess I was worng it takes more work then people fail t realize it makes it even harder when you are on a time crunch and just want to get the questions answered. 

Monday, August 27, 2012

Legal Authority


 The way I went about finding a lawyer was calling some local lawyers and seeing if they were willing to help me out and find the answers to some of the questions I had been pondering about during the quarter of the class.  A lot I thought had to do with intellectual property which in the end turned out to be wrong.” Intellectual property laws don’t prevent someone from stepping on the owner’s rights”( Patent, Copyright& Trademarks Page 5 Richard Stim) What I learned when looking for lawyer my questions had to do with more copyrights than anything else. So finding a lawyer would be just that much harder in the fact that not a lot of Las Vegas lawyers are willing to just answer questions they don’t deal with on a daily basis. Copyright questions seem to be easy to me when looking for the lawyer just because you know you think well these are almost like regular rights. When in correction they are as stated “a copyright gives the owner of a creative work the right to keep others from unauthorized use of the work” .So on my quest to find lawyers I ended up using a list I had made and taking a shoot just to see. I had gotten more hang ups in my face than ever and was on the edge of just giving up and saying forget it. Then finally I was able to get in contact with a few people and ended up using Christopher Reade.  Seeing that my questions had to due with copyright I looked more into them then before learning “Copyright does not protect ideas or fats; it protects only the unique way in which ideas or facts are expressed”. (Patent, Copyright& Trademarks Page 197 Richard Stim). When I finally found a lawyer he did take time out to tell me that he did not do contract law but would help which in the end was happy doing anyways. Just  because any help would be good help. In the fact that I was on a deadline.  After sending my questions via email to the lawyer of my liking I think looked into even more resources.  Seeing that “filling for a copyright registration does not create a presumption of validity” (Patent, Copyright& Trademarks Page 205 Richard Stim). That I had also asked about since I did not know much information. That was my process on getting my lawyer and going about everything. 

Tuesday, August 21, 2012

EOC Week 7: Plans


To start of my project I’m going to write down all the questions that I would like to ask. Then if it turns to be more then ten quest ion, to lower them and chose the best ones.  After writing out all the question I will get them peer edited to make sure there is no missing context or if I can perfect them in anyway. Along with writing out my question I want to gather information about lawyers and start to call. I as well want to ask my teacher Todd if he would want to answer the question that  I have, since he is a lawyer for different celebrities who have died.  He as well has some of the best legal advice, which he shares in our critical thinking class.

In the following im going to be doing my project little by little as the quarter comes to an end. I want to make sure that my project is one of the best ideas that I have had in a while also tying  it in wit h what I have learned in and into my business plan for business owner ship. Those are some of the steps that I am going to be taking as of right now then going father into them more and more. Then scanning the book for different  quotes that  I could use while doing my project after re reading what  is expected.

Tuesday, August 14, 2012

EOC Week 6: Illect


Before we watched the movie I did not really care what would happen with me lets say down loading music illegally. That’s just not something I would think of. It never occurred to me that someone’s life could be taken from them, or that I could be helping get drugs into the country. It just does not seem like a big deal when you living in the moment  just  doing something for the better of you, not thinking about how it might affect you or others. I see a whole new light after watching Illect. Just because there is a dark side to even downloading music illegally.

During the movie they show how some people get killed because acting as a host to something that someone has created. Its also shows us the different drug trades that our happening by downloading some programs that we think are harmless and seem fine to go ahead and download. In the end people in the united states and other parts of the world are getting killed due to small acts like downloading different software. It was one the scarcest things that I have ever watched just because I never had seen anything like they where showing. I feel really bad for even downloading the music or videos and etc. Because one your taking away from a artist or actor. Then you can be getting someone harmed because of your small actions. There is a lot of trouble that comes from things like that.

Now I want to buy the music, or even use a youtube convertor and convert the music. Because at least im  not the one downloading anything. I just feel bad that one small thing can get someone harmed because of a song. I just would want to be more aware now of what I do.

Tuesday, August 7, 2012

Week 5 EOC: Patent Trolls


I think that patent trolls are good because why should someone have their product in the store when its old and its misleading to their consumers. It makes the brand look un-loyal. So I don’t think that patent trolls are bad people. Because they are doing it for the consumers. "It absolutely is a startling development in the interpretation of that provision," says Michael C. Smith,a defense lawyer from Marshall, Texas” The Wall Street Journal.  I one hundred percent agree with that statement that he made. Because it really is how do you go so long before you have someone finally notice it.  I don’t see why a lot of companies wait til the last minute to finally decide to get it handled because in the end they always end up paying for it. So I think that the patent trolls are right because then they won’t have to charge you for having expired patents on your products. "These cases have forced companies to spend time,money and resources investigating claims where there really isn't any injury to anybody," says Chicago lawyer Jason C. White In the wall Street Journal context. When really in the end it is causing them more money because they don’t already have people on top of it. 'It chills competition, it
misleads the public and takes away from the credit patent holders deserve.' Rubbish. Competitors will look up the patents in question and the public couldn't care less.Karl Kleimenhagen which she stated to the wall street journal. I think that is contradicts what they are saying. Because yes it does misleads the public, but then they are saying how the public can care less. When I think that we has a public would care a lot of a hell more. Since myself as a consumer that shops a lot cares about little things that goes on. So I think that patent trolls are trying to help rather then not help the public out.

Thursday, August 2, 2012

Week 4 Death Race Jeopardy


I think the jeopardy helped me a lot because their where a lot of terms that I did not know. So seeing them over and over in every one’s game helped me remember what they where. I think besides the game was fun in a different way of studying the words with their being so many off them. In the game it was hard to remember the words that had a lot of wording or the words that are similar to other words. Because you think you know the word but really it’s something else.

I think all of the questions where valid and they all made a lot of sense, in the fact we where able to find them all in the book. I think some of the games should have been a lot harder then they where. Because some the word was in the question so it gave you clues to where to look. The game helped me find where a lot of the words are located that way if we get to use our book on the test I won’t be there for days looking.

Over all I think the game created a good experience in a learning environment. It was different from how a lot of other teachers do their before mid term classes. I think that it makes you want to learn all the words also remembering the words. I think that it had a lot of completive edge is what made it fun for me and a lot of the class. Because the more we wanted to win the harder and faster we would look for that question within the book. So I think that I’m going to use my game for studying and see if I can beat the times also see how much I need my book while looking. 

Tuesday, July 24, 2012

Week 3 EOC: Stolen Valor


The stolen valor act I think is a very important thing to those who have helped our country. I feel as if those who do make them self’s out to be something they are not, because I do have family who served for our country. I take it very serious just like what Joe Heck had stated. "We must defend the valor of those who have served our country, especially those men and women who have earned awards for outstanding service, but that we also must protect the very liberties for which our service men and women sacrificed," said Rep. Joe Heck, R-Nevada” (http://articles.cnn.com/2012-07-10/politics/politics_congress-stolen-valor-law_1_stolen-valor-act-free-speech-picketing-military-funerals)I I think the fact that some people don’t think that they deserve criminal punishment. That to me is just ridiculous for people to think that they are acting as if they are someone important when they are not. According to this statement “Any false statement claiming receipt of a medal may be punished. These critics suggest the best remedy for such false statements is not criminal punishment but more speech, particularly truthful speech to expose the lie.” (http://www.csmonitor.com/USA/Justice/2012/0222/Stolen-Valor-Act-at-Supreme-Court-Is-lying-about-being-a-hero-a-right) Some don’t see what I am seeing in the situation. I don’t think exposing their lies will help with what they have done. All In all I don’t agree with people who lie about the service they have done or if they done any. I feel as if it is very un- justice for someone to do. I think the fact that people have to lie about things should be punished. They are cheating the law and what the law is there for. Even if we do have freedom of speech. I think the fact that we do have sites where you can report stolen valor’s is good because we can get the lies out about people and what they are doing. “AMVETS' intent as a leading veteran’s advocacy group is to protect the valor and honor of our true American heroes and the integrity of their hard-earned awards. ReportStolenValor.org is a new public awareness campaign initiated by concerned veterans to safeguard our proud culture and the values of our community. We accomplish this by presenting an accurate and reliable tool to educate concerned citizens about the Stolen Valor Act of 2005 and help facilitate the reporting of suspected Stolen Valor offenders to federal authorities and the news media. “The mission statement from http://www.reportstolenvalor.org/about_us which I think is every important in people using stolen valor’s. 

Tuesday, July 17, 2012

Week 2 EOC: Erin Brockovich


At the end of the case the end of the case they ended up giving up a reported 333 million dollars. With the end result Erin ended up getting two million dollar in bonuses. With the lawyer fee ending up being a forty percent the lawyer ended up getting $133.6-million dollars. All in all I don’t like the way some lawyers think they treat their services as a joke sometimes. I don’t like how the high class lawyers where acting as if they did not care about the feelings of the people their company hurt in the movie. I see some lawyers as really good people who want to help they just can’t because they do want the best for their clients. I think that depending on the task at hand that it reflects on how the lawyer will perform. If it does not meet their needs and wont help them in the long run they don’t want to do what it takes to win.  There are some lawyers who then are the opposite. So I have very mixed emotions about lawyers, and how they tend to operate with their clients and people they help.

I think some people often don’t want to go and get lawyers based on how much they are and how much time and effort they will put in. Because in the end you do want to be happy with the outcome. So many people tend to think that lawyers are all about their self’s and not for what’s right. In the case that Erin was in I feel like the opposing lawyers where doing it for the money. They are the reason why most people don’t trust lawyers now. Because they only want the dollars that will come to them in the end.

Overall I tend to trust a lot of lawyers based on pass experience. Because they always wanted my best interest at hand. There have been lawyers that have tried to rip me off with doing things that where not good for the situation. So it depends on the morals of the lawyers.

Tuesday, July 10, 2012

My Vocie

Fashion is not just a hobby to me its something that was born into me. When I little unlike most girls I was not just playing with my Barbie dolls I was looking at their outfits to see what I could change and what would go best with what. That’s when I figured out that I wanted to study fashion in the future. As I went through life my passion for fashion grew right along with me. When I began my third year in high school I started the fashion program learning the history of fashion, fundamentals and also how to create different pieces of clothing. I then was able to get bumped up in classes. By the end of my senior year I created outfits for two fashion shows that my school had put on, then working backstage at one of them. Now that I have done small amounts of working with the fashion world and doing some styling for friends who model. Now that im a little older and wiser I want to create a line known as “Forever Fashion” since fashion is forever in bedded into our lives. Then as my line grows I want to be able to open “Forever Fashion” clothing stores with one of a kind dresses. Some of my high school fashion teacher, ‘If fashion does not change then the world does not change”.