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.