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. 

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. 

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.