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)