Week 11 Final Evaluation: Forced Choice

Lee, Sean Anthony http://primarydesign702.blogspot.com/
Chambers, Everett Warren http://vegasinteriors.blogspot.com/
Lucero, Chelsea Elizabeth http://chelzzlucero.blogspot.com/
Schmidt, Chase M. http://colorblindproduction.blogspot.com/
Howard, Brett Carroll http://accudraft45.blogspot.com/
Valencia, Eduardo http://eduardov425.blogspot.com/
Bowman, Robert B. http://bowmanlifestudios.blogspot.com/
Angel, Renferd K http://angelaudioproduction.blogspot.com/
Casey, Daniella Erin http://daniella-casey.blogspot.com/
Terheide, Melinda M http://terheidedesigns.blogspot.com/
Orton, David Wayne http://vemg.blogspot.com/
Hardy, Tyrone http://cajogi.blogspot.com/
Uy, Maria Feinila D. http://madeirich.blogspot.com/
Hearty, Raymond http://raygamepro.blogspot.com/
Smith, Cary Keola http://kotcc.blogspot.com/
Cordova, Jake Charles http://jakenstein151.blogspot.com/
Spencer, Randi J http://boysgrowup.blogspot.com/
Hasson, Keith http://keithhassonailvmma.blogspot.com/
Silvera, Richard Michael,, Jr http://rmsfilms-richard.blogspot.com/
Hayford, Kristin http://rockabillybabydesigns.blogspot.com/
Beymer, Eric D. http://ericbeymerphoto.blogspot.com/
Lopez, Osvaldo http://ozzy702.blogspot.com/
Ferreira, Charles Edward http://champf.blogspot.com/
Hernandez, Edwin Jess http://mogulvision.blogspot.com/

5. Your own argument and opinions. Did you agree or disagree with the rulings. Provide some authority for your argument such as quotes from the book.

            In this lat post I’m suppose to give my opinion on topic of the intellectual property.  The last eleven weeks of this class we have gone over so much and covered a lot of material. Everything from the different types of patents, to copyrights, and trademarks. Also this class has taught me a lot and the precautions I need to protect my photographic work or intellectual property.  I would also have to agree with the findings of my answers to my questions from the attorney I contacted.  But I agree also with the laws that are out there to protect our rights. Such as the Patent Cooperation Treaty which is,”…international agreement establishes streamline procedures for obtaining uniform patent protection in its member countries. ”(Nolo Patent, Copyright & Trademark An Intellectual Property. Pg.104).  I also agree with the Audiovisual Works, which is, “The Copyright Act specifically protects movies, videotapes,, videodiscs, CD-ROM multimedia packages, training films, and computer games as audiovisual works”( Nolo Patent, Copyright & Trademark An Intellectual Property. Pg. 215) But in todays day and world its hard to publish or turn in a work that in some form or way has already been done or thought of. So when you do create something original its even harder nowadays to protect it. But on the other hand the laws that are meant to protect us can also hinder our use of other materials, such as copying music from the internet for a project or capturing a build in a photograph and needing permission to have it in the photo. So things such as, MP3, and in the book states, “ Internet sites that facilitate the copying, transfer, or sale of unauthorized MP3’s have been the subject of lawsuit from the recording industry.”(Nolo Patent, Copyright & Trademark An Intellectual Property. Pg. 281). So what this all means is that you need to protect your intellectual property, and it’s a dog eat dog world, and people will steal your work. So this class and the textbook helped to open my eyes a little more the precautions I should be taking in order to protect my photographs.

4. Rule of law -- a concise summary of the main precedent established. Support with quotes form the book.

4.     Rule of law -- a concise summary of the main precedent established. Support with quotes form the book.

            The main precedent that should have been established should be what was told to us in class this quarter. Which would be that the laws are much more complex and complicated then we think the laws are. And that if we ever need help with the intellectual property laws hire a lawyer.  Which brings me to the lawyer I contacted Mr. Philip Kantor, and by the sound of the answers he gave me to my the intellectual property laws really should be handled by an attorney. Even though, “Intellectual property laws don’t prevent someone from stepping on the owners rights.” (Nolo Patent, Copyright & Trademark An Intellectual Property. Pg.5).  Also, "Intellectual property law consists of several separate and overlapping legal disciplines, each with their own characteristics.“ ( Nolo Patent, Copyright & Trademark An Intellectual Property. Pg.5). Also according to the textbook the best way to protect your own intellectual property is through the patents, copyright, and trademarks, and with each type come their own laws. Some of the laws are similar but some are way different.  For example,” There are three types of patents: utility, design, and plant.”( Nolo Patent, Copyright & Trademark An Intellectual Property. Pg. 5). Where as, copyrights are granted for “…original creative expressions produced by authors, composers, artistes, designers, programmers, and similar creative individuals.”( Nolo Patent, Copyright & Trademark An Intellectual Property. Pg.5). Anything, anybody creates can be pretty much copyrighted, patented, or trademark. Also you must do research and follow through with principal register which is, "the list on which distinctive trademarks and service marks approved for federal registration are place."( Nolo Patent, Copyright & Trademark An Intellectual Property. Pg. 455) As long as it does not already exist or is being infringed upon. But the over all main precedent established by this class and book taught to us would have to be that the laws are there to help us, but the laws can be very complicated, and so you should hire a lawyer/ attorney.

3. Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer.

3.     Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer.

            Well  I’m not sure what  I’m suppose to write here. But in order to give a fair full analysis of the logic/ and or thinking by my attorney Mr. Philip Kantor I would have to be inside his head, but we all know that’s impossible. But a attorney’s thought and incite would be based off of how they see the situation at hand and what they believe is right, or their interpretation on the law. Mr. Philip Kantor is a intellectual lawyer so he should have a pretty awesome knowledge of the laws and guidelines referring to copyright, trademark, patents, and intellectual property. He even sounded like he was the type of person to use rational thinking. With all this being said I also believe that my lawyer, Mr. Philip Kantor knows his intellectual property, and if I ever need any help dealing with intellectual property I know I can got to him. By knowing, Mr. Philip Kantor, I now have someone who knows the laws and will give me the owner,“… the ammunition to take a trespasser to court.” (Nolo Patent, Copyright & Trademark An Intellectual Property. Pg.5). And by the general sound of my attorney, be it was a over the phone conversation with, Mr. Philip Kantor, he seemed to be a very straight person. He was very quick, straightforward with his answers. Of we really didn’t have a lot of time because he was busy getting ready for another case.

1.What is the first step when we find someone else using my intellectual property without my permission?
     "First thing after you notice someone has stolen you work or using it without your permission is to notify that person and tell them they do not have permission to use your work. If they do not stop then contact."(Mr. Philip Kantor)

2. What is the best way(s) to protect my intellectual property or creation?

According to, Mr. Philip, Kantor “you can post mark your work, and mail it back to yourself. It’s the easiest and cheapest way to protect your work from being used or stolen. Also by doing this if you end up having to go to court, you will have a better legal standing of proving it is your work, and shows that you were the creator of the work. Or you can copyright the work.” Which a copyright “ …is owned by the person who created the work.”(Nolo Patent, Copyright & Trademark. Pg.197)

     
3. What is the best way to protect my interests while working under contract work?

     "It all depends on the bargain, or the terms of the contract. But for the most part most of the work belongs to the photographer or creator of the work. Now some contract for news purpose the work will belong to the network, or the ad agency."(Mr. Philip Kantor)

4. What are common legal issues while doing freelance work?

     "Some of the major legal issues come into play when it comes down to ownership, some people think since they hired you they own the rights to the photos, not so unless the contract specifies. Also legal issues can come from the artistic control or the creative project/ design."(Mr. Philip Kantor)

5. Do all states deal with intellectual property the same and how do they differ?

      All states deal with intellectual property the same, and copyright is pretty uniform through out the whole Unites States. It would be to hard and costly to have each state with a different set of laws."(Mr. Philip Kantor)

6. What is a rough percentage of intellectual property cases that are found in favor of the original creator?

     "Plenty. Lots. Almost all of the cases are found in favor of the original owner or person suing."

       (Mr. Philip Kantor) "Presumption of ownership is...an infringement suit is filed, a court will assume that the owner who is listed on a certificate of registration on the Principal Register is the owner of the a mark."(Nolo Patent, Copyright & Trademark. Pg.455)

7. Does intellectual property stay the same online and in print?

     It does stay the same online and in print, but in the chance your work is stole or misused the website is not responsible to watch all artwork, and the online service does not hold responsibility."(Mr. Philip Kantor)

8. When is it necessary to copyright my intellectual property?

            According to Mr. Philip, Kantor,” You should copyright all intellectual property right away. Register the work with publications. You can go through the U.S.P.T.O. (U.S. Patent and Trademark office).”  Also ,”Copyrighted work is any work that is entitled to copyright protection… copyright protection is automatically available to any original work of expression that is fixed in a tangible manner.”(Nolo Patent, Copyright & Trademark. Pg.197). But if, "A deliberate lie on a copyright registration form, such as a false statement that no preexisting works are included in the work being registered , may invalidate the legal effect and benefits of the registration." (Nolo Patent, Copyright & Trademark. Pg.258)

         

9. At what point of change does someones else's intellectual property become your own?

    "The copyright only covers the original work. But it does not mean you can copy the exact detail of the intellectual property. You can use it as a parody to the trademark."(Mr. Philip Kantor)

"A trademark parody occurs when someone imitates a trademark in a manner that pokes fun at the mark, for example , distributing a newspaper called The San Francisco Comical in order to poke fun at the San Francisco Chronicle"

(Nolo Patent, Copyright & Trademark. Pg. 452)

10. What is a common timeframe for a intellectual property case to be settled or ruled upon?

            ‘’A general case can vary with time. Some can last a few weeks or even a few years. It all depends on how much paperwork there is, what was infringed on, how much damage was done be it physical damage or monetary damage, or even both physical and monetary.“ (Mr. Philip Kantor)

2. The Questions: Explain why these are of interest to you. What specific concepts and terms were involved – in other words, what are the legal issues?

2. The Questions: Explain why these are of interest to you. What specific concepts and terms were involved – in other words, what are the legal issues?

           

            I am interested in these question because all of filming I do around this city of Las Vegas.  But usually my photography is for freelance work, location shoots, or in studio photoshoots.  And because of this class I now understand the importance of using and getting permission for other(s) work, and as well as protecting my work.  While talking to Mr. Philip Kantor I had asked him questions regarding intellectual property “ Intellectual property refers to products of the human intellect that have commercial value and that receive legal protection. Typically, intellectual property encompasses creative works, products, processes, imagery, inventions and services and is protected by patent, copyright, trademark, or trade secret law. ”(Nolo Patent, Copyright & Trademark. Pg. 4), and protecting my rights and work from being stolen, or used by anyone else without my permission.

1.What is the first step when we find someone else using my intellectual property without my permission?
   
2. What is the best way(s) to protect my intellectual property or creation?

     

3. What is the best way to protect my intersts while working under contract work?

4. What are common legal issues while doing freelance work?

5. Do all states deal with intellectual property the same and how do they differ?

6. What is a rough percentage of intellectual property cases that are found in favor of the original creator?

7. Does intellectual property stay the same online and in print?

8. When is it necessary to copyright my intellectual property?

9. At what point of change does someones else's intellectual property become your own?

10. What is a common timeframe for a intellectual property case to be settled or ruled upon?

1. Legal Authority: How I made contact, found this person and why they are a good choice?

1. Legal Authority: How I made contact, found this person and why they are a good choice?

            When I was first given this assignment back on week 7, I thought to myself,” How hard could this be?” Well it turned out to be a huge hassle.  It took a lot of time to find a lawyer or attorney who was will to do a interview of the phone, and for free.  I started this task but going online to nolo.com where it listed lawyer who specialized in Intellectual Property.  I then went through and started calling all the number listed. Some answered, and some didn’t. For the ones that did answer they either wanted me to leave a message and someone would call back, or they wanted me to set up an appointment to come in and see an attorney. Which if I had set up an appointment I would have to pay, and there was no way I was going to pay. Especially with some of these fees they charge.  But after several hours of phone calls I was able to get a hold of a attorney. His name was Philip A. Kantor. When I called the number that was listed Mr. Kantor answer. It was a direct line to him. Which was really surprising because all the other numbers I had called I went through a secretary, or somebody other then a lawyer or attorney. But after I had Mr. Kantor on the phone I then proceeded to tell him I was a professional photographer looking into finding an Intellectual Property attorney, and asked him if he could answer some questions for me. Mr. Kantor agreed to over the phone answer my questions. I was worried that the questions I had for him wouldn’t make any sense but they did. So Mr. Philip Kantor is a good choice because he was very knowledgeable and answered all my questions that I had for him.

Week 10 EOC: Erin vs Robert Kerns

Week 10 EOC: Erin vs Robert Kerns

            In both cases of Erin and Robert they were both people looking for justice, and not only for criminal reasons but also for moral reasons. Which both cases have their similarities in the two movies, but the two movies also have their own differances. In the case of Erin Brockovich she was a lawyer. She was trying to help the people out who were wronged by the power and gas company. Erin Brockovich was a witty, smart, hard nose lawyer, caring mother, and who didn’t put up with the crap from the attorneys from the gas and power company. In the case of Robert Kerns; he wasn’t a lawyer. He was a inventor. He was a family man. But since Robert Kerns wasn’t a lawyer he had to have a crash course in learning law all on his own for is court case. Which he did have help from his family. Whereas, Erin Brockovich didn’t have any help and did the majority of the hard work by herself. In both cases which involved high end lawyers from the company they were hired from. Both of which the companies lost the case. Erin represented the people: Robert Kerns represented hisself  and his invention of the windshield wiper. But in both cases both Erin Brockovich and Robert Kerns won the cases they were fighting for, even though the two cases had their differences and similarities.

Week 10 BOC: Lawyer Jokes

-How do you tell if it is REALLY cold outside?
A lawyer has his hands in his own pockets
http://www.lawyer-jokes.us/


-Did you hear that the Post Office just recalled their latest stamps?
They had pictures of lawyers on them ... and people couldn't figure out which side to spit on.
http://www.corsinet.com/braincandy/jklaw.html


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


-A man is at his lawyer's funeral and and is surprised by the turnout for this one man. He turns to the people around him. "Why are you all at this man's funeral?"
A man turns towards him and says, "We're all clients."

"And you ALL came to pay your respects? How touching."

"No, we came to make sure he was dead."
http://www.jokesgallery.com/joke.php?joke=1426&id=1

Week 7 EOC: Intellectual property Questions

1.What is the first step when we find someone else using my intellectual property without my permission?

2. What is the best way(s) to protect my intellectual property or creation?

3. What is the best way to protect my intersts while working under contract work?

4. What are common legal issues while doing freelance work?

5. Do all states deal with intellectual property the same and how do they differ?

6. What is a rough percentage of intellectual property cases that are found in favor of the original creator?

7. Does intellectual property stay the same online and in print?

8. When is it necassary to trademark my intellectual property?

9. At what point of change does someones else's intellectual property become your own?

10. What is a common timeframe for a intellectual property case to be settled or ruled upon?

Week 6: Illicit: What do you think of it?

            What do I think of illicit trade of goods, well I think in my opinion it has both its positive and negative sides to it. First of all yes the bad, or negative sides of this out weighs the good. Like for example the illicit trade can lead to human trafficking which is highly illegal, and can also be very dangerous, and even at time deadly. It can also lead to high power gansters gaining power over high power political officials. Also the illicit trade can lead to a large problem of drug trafficking which has been a problem known around the world. The drug trade is also a very dangerous and deadly situation. The illicit in my opinion has its good sides. But I do not agree with the illegal side of it though. But however, I do believe it stimulates the economy. And it still is moving money through our system no matter how much we don’t agree with what is going on with the illicit trade. Also these illicit criminals build communities for people to live in. Although it’s a way for them to wash their money. Also another good side that be viewed by the illicit trade is it still gives jobs to people. Even though they are not the healthiest jobs or safest. People are still working and supporting their families. Or for the least part trying to take care of them. Yes illicit trade has is definite bad sides to it, but on the other hand it can have a few good points. Even though in my opinion it is a very bad, wrong, immoral thing to do to people and the world and everybody is affected by this massive crime committed through out the known world we humans live in.     

Week 5 Eoc: Lawyers looking for Fame

I have to agree that lawyers are greedy for fame. Lawyers are always bragging that they got to argue in front of the Supreme Court, and that they are pretty much the top lawyer for doing so. Even if they lost the case. Which you would think that losing the case would make them look like idiots, or incompetent to the laws we have in the United States. And for example, there are, “Supreme Court-seeking programs at law schools and prominent…attorneys try to scope out cases with Supreme Court potential to gain experience and bragging rights arguing before the court.” (http://washingtonindependent.com/100309/expert-supreme-court-lawyers-blamed-for-immigration-rulings)  Some of these Supreme Court cases that have been argued are going to so-called expert lawyers, and in some cases these lawyers have argued in the Supreme Court more than five times more or work for law firms who have had argued cases many times in the Supreme Court.  Also, “Fewer than 1 in 10,000 practicing attorneys ever stand at the Supreme Court lectern.” (http://www.cleveland.com/business/index.ssf/2010/10/young_cleveland_lawyer_to_argu.html) Also most lawyers say that they are only involved in a case for the individual client, and client needs, but really it is just a front for them to get the case and to try and make it a Supreme Court case, even if it is not a Supreme Court case. Also when lawyers do this and take case to the Supreme Court the court might rule against them and making a new law which will affect later cases down the road. Most lawyers who appear before the Supreme Court are lawyers who do come from large law firms. Also these large law firms who are taking the cases to the Supreme Court are giving their services for free because they know that they will be heading to the Supreme Court to argue. This also means the law firm would, “draw prestige and paying clients to their firms.”  (http://www.bullfax.com/?q=node-roberts-court-new-breed-lawyers-races-argue-supreme-cou) So yes I would have to agree the lawyers are only in it for the fame and fortune.

Week 4 EOC: Death Race Jeopardy

     Playing Death Race Jeopardy was an interesting was to learn the definitions to our patent, copyright and trademark class. At first the game started out slow, and very confusing. The first person to start the game had questions from a different part of the book. Which this made it more confusing at first. But the game did start to pick up after the first game. The game started to make a bit more sense and the questions first the area in which we were in the book. I did learn a lot of the definitions from the book in this game of jeapordy. The game got even more challenging as we went into a shorter time frame to answer the questions. Then it got even harder as we went into the Death Race Jeopardy. The game got a bit intense, and people did start to get aggressive with the game play. Some of the definitions I still don’t understand, but I think that’s because of  how the person who was the game make at the time didn’t understand the definitions themselves. But some of the terms I learn from this bloody game of jeopardy were for example, Board of Patent Appeals and Interferences, Patent infringement, and Court of Customs and Patent Appeals. Also it did help out that the teams I was with also knew the definitions pretty well and we were all quick to search and find the terms used in the game. This game was a blast to fun, and was a great learning experience. All in All I have to agree with Pinto on this game of jeopardy that it does help you learn the terms and definitions from our unruly book for copyright, patent and trademark. I hope we get to play another game soon.

Week 3 Eoc: Jeopardy- challenges and Opportunities

This is probably one of the easiest, hardest books to read. The information is there but its hard to follow along. So with this Jeopardy game assignment this book kind of makes it very challenging. Some of the definitions to the words are kind of long and drawn out, and at times can be very hard to understand at first. For example, one of the words I used for the Jeopardy game was Patent Thickets, and the definition is “A patent thicket is a collection of patents often owned by different companies that must be licensed in order to commercialize a new technology.” So with the making this game it is hard to come up with a answer that doesn’t bring up the name of the word or term. Also another challenge that is going along with this game is trying to come up with or figure out the topics or categories for each list of questions. So of course the categories and questions have to run together. For example, if a category was Fees; then the questions and answers should have to deal with or involve fees. Another challenge with doing this game is coming up with the different difficulties for each price range or cost. So making hundred dollar questions easy then working all the way up to the five hundred dollar in the difficulty is hard. But some of the pluses with doing this assignment this way is that, we don’t really have to read all hundred and some odd pages of definitions. And this way we can focus on the game but at the same time learn most of the definitions. So I am very happy that we are doing this assignment or reading with this game.

week 2 EOC: What do I think about Lawyers?

What do I think of attorneys?

                In my opinion I believe attorneys are useful but not practical. A attorney to me is supposed to be someone who stands by your side and fights for your god given, constitution rights and well being. Sometimes this is true with some attorneys. But more than the majority of the attorneys are only out to make the final dollar of your settlement. And with some of these settlements made now days a attorney can retire with just one case. That’s sad considering most people in this world will work three times as hard as the attorney does but will not make what a attorney makes.  Attorneys can make anywhere from 5-50% of that final settlement on any case they work with of for. Now some attorneys are cheap or free but they will be looking a easy win for that particular case. And its more of something they can brag about latter with their fellow conspiracy attorneys. Then there are those good attorneys who really are for people god given constitution rights, and will fight for you no matter what happens in conclusion to that case. Those good attorneys though on the other hand are probably the least experienced and under paid attorneys, and they probably have second grade law degrees. This is not a too terrible of a bad thing, but remember that they are representing you, and your rights, along with your case. So with all attorneys in this lovely blue planet we all live in, that attorneys be it good, bad, or in between are looking out for their own goods, be it money, respect, or bragging rights with other attorneys. This world has too many attorneys, and there is a lot of them.  So in my beliefs attorneys can be good but do have secret agendas, and so you just have to be cautious and wary of what is going on.

week 1 EOC: My voice

Since the day I took my first picture photography as been apart of my life, and since then I knew I wanted to be a photographer. I can honestly say its part of my life and I love everything about it. People say that a picture or photo is worth a thousand words. Well I want to make pictures and photos worth a thousand emotions. Photos can be used to tell stories of our past, present, and future.  And with every photo a photographer takes he tells one of these stories. The viewer can use that image to learn from or just look at for pleasure.  Its amazing how photography can evoke those different types of emotion, interpretation, and beauty.  I have worked in different fields of photography from outdoor landscapes to in studio shoots, from shooting big and small, and every size in between objects, and taking photos of kids to adults. I have also had some experience working with different types of photography equipment. As much fun goes into setting up for a shoot, there is also the editing work that should be accounted for.  I spend most of my days and nights editing photos I have taken. Editing can be fun, and then it can be hell. But in the end of the day I know I have created something special and beautiful. I would to one day be able to sell my work to every person in the world. So then people can experience something beautiful that has been apart of my life.