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.