Most of the questions
I asked had to do with intellectual property, because in motion graphics, and
visual effects that is all you have to make a living. Which Intellectual property "give the owner
of a creative work the right to keep others from unauthorized use of the
work" (Patent, Copyright, and Trademark Beatty Samuelson) I agree with
Dale on everything he said, because I know he is right. I will say that laws,
are laws, even if we do not agree with them sometimes. When I learned that you
only have a limited time to file a lawsuit against someone who has stolen your
work and made profit off of it, I was a little surprised. I believe that is
someone stole your work and made money from it they should have to pay you back
no matter what, but that is not the case. In the end you just have to fallow
those rules. Now that I learned a little more about laws and what I should do
with my companies logo or trademark which is "a distinctive word, phrase, logo,
graphic symbol or other device that is used to identify the source of a product
or service and to distinguish it from competitors." (Patent, Copyright and
Trademark, Beatty Samuelson) I will have to do a little research and make sure
no one has a logo like mine.
Thursday, December 5, 2013
RULE OF LAW
I asked my friend
Dale many questions on intellectual property, because I am going to be a visual
effect and motion graphic artist. With this being said I know I should have an
understanding of these laws that pertain to me, intellectual property
"consists of several separate and overlapping legal disciplines, each with
its own characteristics and terminology" (Patent, Copyright, and
Trademark, , Beatty Samuelson)
Question1 If I shot a
movie and the radio was in the background playing a song do I have to get
permission to use it?
Dale said the only
way you would be able to use that footage would be to get permission, if not
the songwriter that holds the rights would be able to go after me for copyright
infringement, this is is "a lawsuit brought against someone who uses a
copyrighted expression without permission." (Patent, Copyright, and
Trademark, , Beatty Samuelson) The Only other way to get around it would be to
cut out the sound to the piece of clip.
Question2 If I have a
company logo that looks similar to Another companies, and I feel that they are
putting deformation on my companies name, would I be able to make then change
there logo?
Dale said it depends
on who was around first, and also if either of you are well known by the
public. "Widely recognized marks by the general consuming public as a
designation of the source of the goods or services of the mark's owner."
(Patent, Copyright, and Trademark, Beatty Samuelson) If your company was around
first and very well known, then you may be able to get them for trademark
infringement.
Question3 I asked
Dale, if I was the owner of a visual effects company and one of my employees
used my time and equipment to create a new way of doing a visual effect. Then
used that knowledge to make money on the side would I be entitled to compensation. I asked this question because of the Brats
Brawl blog we had to cover.
Dale then stated that
my employee has all rights to the intellectual property that he had created,
even if he used my equipment, and I wouldn’t be entitled to any compensation.
Unless I had that employee sign a contract stating, the owner has all rights to
intellectual property created by the employee. "the party considered to be
the basic owner of the copyright." (Patent, Copyright, and Trademark, ,
Beatty Samuelson) Even then it could end up being a fight in the court. In the
end, it would depend on the reasoning of, would it be worth the cost.
Question 4 If one of
my employees takes a motion graphic that he created for a project that we were
undergoing, and used it on the side to make money, could I be entitled to
compensation?
Dale said it depends
on how long it has been going on for. He then talked a little about statute of
limitations that states is "the legal time limit by which a person
bringing an infringement lawsuit must file suit."(Patent, Copyright, and
Trademark, , Beatty Samuelson) This states that If my employee was doing this
for many years, I may not be able to file suite on projects that have passed
that date, but I am allowed to file suite on projects that haven’t passed that allotted
date.
REASONING OF THE LAW
The reasoning of these laws are to protect individuals from having their property taken from them and abused. Yes a logo is property to whoever owns it because it is a type of signature. It could also be said that the work an individual does can be his own signature and it is illegal to take that away from them. That is why these laws are put in place to protect are property and are very being.
"the legal time limit by which a person bringing an
infringement lawsuit must file suit."(Patent, Copyright, and Trademark,
Beatty Samuelson)
"the party considered to be the basic owner of the
copyright." (Patent, Copyright, and Trademark, , Beatty Samuelson
"a lawsuit brought against someone who uses a
copyrighted expression without permission." (Patent, Copyright, and
Trademark, Beatty Samuelson)
"Widely recognized marks by the general consuming
public as a designation of the source of the goods or services of the mark's
owner." (Patent, Copyright, and Trademark, Beatty Samuelson)
THE QUESTIONS
THE QUESTIONS
Question1 If I shot a movie and the radio was in the
background playing a song do I have to get permission to use it?
This question was very important to me, because in the
future I would like to do visual effects for movies. With that being said it is
important for me to know these laws, as of right now, while I am shooting my
own footage.
Question2 If I have a company logo that looks similar to
Another companies, and I feel that they are putting deformation on my companies
name, would I be able to make then change there logo?
Another question that I had an interest in because I would
like to own a motion graphics company, and it is very important to know what to
do if you feel like your company is being given a bad name.
Question 3 if I was the owner of a visual effects company
and one of my employees used my time and equipment to create a new way of doing
a visual effect. Then used that knowledge to make money on the side would I be
entitled to compensation.
I asked this question
because of the Brats Brawl blog we had to cover. This blog was very interesting
to me and the information I found. I found this gave me very conflicting views,
because I understand where both owners are coming from.
Question 4 If one of my employees takes a motion graphic
that he created for a project that we were undergoing, and used it on the side
to make money, could I be entitled to compensation?
I wanted to ask this question because I want to know what I will
be able to do if someone has stolen my intellectual property, and gained profit
from it. The Brats Brawl was also another inspiration for this question.
LEGAL AUTHORITY
Dales Legal Authority is vast not only did he start from the bottom up, but now he is a judge. That is one of the biggest Legal Authority positions out there. He started by approaching the bench to now having the authority to ask you to approach the bench. he has worked in the legal system for over twenty five years, and has a good heart. Not only does this man have Legal Authority, but he is also a priest. I knew he was the right man to ask because I have known him for my entire life and I knew he wouldn't lead me down the wrong path.
WEEK10 - EOC LAWYER JOKES
What do you get when you put 50 lawyers in a room with 50 lesbians?
One hundred people who don't do dick.
One hundred people who don't do dick.
Thursday, November 21, 2013
EOC: WEEK 8 - BRATZ DOLL's
“ Long story short, a former Mattel employee left the
company and crafted one of the first serious threats to Barbie's dominance, the
Bratz dolls. Mattel, of course, was none too happy because the designer was
still employed by Mattel when he came up with the idea. Mattel felt it owned
the idea and sued the designer in an effort to make that a reality.”
“Now, it appears the fight is finally over. And, like many
long legal battles, the lawyers are the only ones coming out ahead.”
I believe that this war is, or was ridiculous. The creator
may have created Bratz dolls while working for Barbie, but this doesn’t mean
the idea came from Mattel. Unless the company was going over ideas to change
the look of Barbie and this design was discussed, if not then the creator of
Bratz dolls would still be the former employee. I believe it is horrible when I
leading company gets scared of an upcoming company and tries to drive them out
of business with Legal fees. Mattel most likely new they would not win, but was
trying to get rid of the competition by taking the former employee to court.
EOC: WEEK 8 - 10 Questions
1 What type of corporation should a Visual effects and
motion graphics professional set up? Sole proprietorships, partnerships,
limited liability companies and corporations.
2 What paper work do I have to keep track of for my business,
and what is the best way to maintain it?
3 What are my risks of getting sued, in the field of motion
graghics?
4 Can I use personal assets in running my business? Also
should I use personal assets?
5 What should I consider before taking on investors?
6 How can I protect
the name of my business?
7 What happens if my
business grows rapidly or tanks suddenly? What legal action would I have to take?’
8 How do I make sure
my business is compliant?
9 With laws and regulations, should I have a
legal professional go over the paper work, if so what would be the cost?
10 How do I plan ahead for my family? What legal
paper work would I have to fill out to transfer the business?
Thursday, November 14, 2013
EOC: WEEK 7 - 10 Nevada Business Attorneys
http://www.gregory-law.calls.net/wp-content/themes/gregorylaw/images/logo.png
Keith E Gregory (702)
570-1219
Cooksey, Toolen,
Gage, Duffy & Woog
A PROFESSIONAL CORPORATION
Byron J. Bahr (714)
431-1100/ (702) 949-3100
Michelle J. Berner (714)
431-1100/ (702) 949-3100
Steven E. Ernest (714)
431-1100/ (702) 949-3100
Kim P. Gage (714) 431-1100/ (702) 949-3100
Paul K. Hoffman (714)
431-1100/ (702) 949-3100
John H. Kim
(714)
431-1100/ (702) 949-3100
Randall P. Mroczynski
(714) 431-1100/ (702) 949-3100
Robert A. Riether (714) 431-1100/ (702)
949-3100
Robert L. Toolen (714) 431-1100/ (702)
949-3100
Thursday, November 7, 2013
EOC: WEEK 6 - Supreme Court Prayer
I am not a big religious follower, but I still believe that
everyone has a right to express there religious belief. I will state that it is
not best to mix the government branches with religion, but the government should
still be help to high morals and standards. This way the government, and its branches do
not offend anyone, but they are still held to high expectations.
“The Supreme Court is wrestling with the appropriate role
for religion in government in a case involving prayers at the start of a New
York town's council meetings.
The justices engaged in a lively give-and-take Wednesday
that highlighted the sensitive nature of offering religious invocations in
public proceedings that don't appeal to everyone and of governments' efforts to
police the practice
The court is weighing a federal appeals court ruling that
said the Rochester suburb of Greece, N.Y., violated the Constitution because
nearly every prayer in an 11-year span was overtly Christian.
Greece is being backed by the Obama administration and many
social and religious conservative groups in arguing that the court settled this
issue 30 years ago when it held that an opening prayer is part of the nation's
fabric and not a violation of the First Amendment. Some of those groups want
the court to go further and get rid of legal rules that tend to rein in
religious expression in the public sphere.”
Thursday, October 31, 2013
EOC: WEEK 5 - Midterm
I believe there is no real way to create laws that keep up
with the technology. This is because we have to take our time in creating the
law for various reasons, and then after in is set in place new technology is
out. The only thing they could do is actually restrict technology from coming out until
a law is in place, but that would stop
our progress as a nation.
By Shaun Chapson
Technology and the ways we use it will change the role of
law and lawyers.
Courts and legislatures are struggling to keep up with the
fast pace of technology. New laws and cases are quickly outdated. For example
in 2007, the Ninth Circuit issued Perfect 10 v. Google, a copyright case with a
cutting-edge description of how the Internet works. That description is now
wrong and so is most of the basis for the holding.
Recently, a jury awarded Apple $1billion in a patent
infringement case. The complaint was filed in April 2011. Since then, Apple has
released new versions of the Macbook Pro, iMac, Macbook Air, iPad, iPhone, and
at least two operating systems.
State legislatures have rushed bills into law to protect
employees and job applicants from having to give employers their social media
passwords. But even that took months. Neither Congress nor legislatures are
capable of keeping up with how fast technology is moving. Most pending bills
are older than the original iPad.
“By Heather Bussing”
Radical changes in information-gathering methods and
information-sharing technologies have created loopholes that can render key
federal data privacy protection laws ineffective, according to a Government
Accountability Office security expert.
That assessment was contained in the written testimony of
Gregory Wilshusen, the GAO's information security issues director, before a subcommittee
of the Senate Committee of Homeland Security and Government Affairs.
The 22-page GAO statement "Federal Law Should Be
Updated to Address Changing Technology Landscape" (PDF) focused on the
government's data-handling systems across all agencies and specifically
mentioned the 2006 breach of 26.5 million veterans' records by the Veterans
Affairs Department as an example of security problems involving personally
identifiable data.
The number of reported security incidents involving federal
agencies has risen dramatically in recent years, to 42,887 in 2011 from 5,503
in fiscal 2005, according to the GAO. Among the 2011 incidents, 15,560 involved
the unauthorized disclosure of personally identifiable information, Wilshusen
said.
“By Joseph Conn”
Thursday, October 17, 2013
EOC: Week3 - Erin Brockovich
An earlier lawsuit based on Brockovich's investigation of PG&E's desert land records culminated with the company paying $333 million to some Hinkley townsfolk in 1996. That lawsuit served as the basis for the movie starring Julia Roberts that made a celebrity out of the formerly obscure legal assistant.
The rural residents and their attorneys said that community exposure to the carcinogen hexavalent chromium, or chromium-6 — in desert water allegedly tainted by PG&E in the 1950s and 1960s — led to widespread illness and deaths.
PG&E used chromium-infused water as a coolant at some of its natural gas compressor stations. It allegedly discharged that tainted water into local groundwater supplies.
Lawyers allegedly held the award money for nearly six months before it was dispersed. Hinkley residents received no explanation for the delay. They had lost Erin as an advocate: "suddenly, they couldn’t get through to anyone, not even Brockovich." Because of the secrecy imposed on the arbitration process, Sharp makes the case that it’s impossible to determine where interest on the award money went. Where’s the rest of our money? plaintiff Carol Smith asked. Many legitimate questions about the award disbursement remain unanswered. A report about Erin
Brockovich the real person, not Julia Roberts, appeared in Entertainment Weekly (5/12/00). Several male acquaintance of Brockovich, one of whom was portrayed as a supportive, upstanding character in the film, allegedly demanded that Brockovich pay them off. Otherwise, they would supply the tabloids with a story that Brockovich and Ed Masry had had an affair and that Brockovich was an unfit mother. Both Brockovich and Masry cooperated in an FBI sting operation, which led to the men being arrested for extortion.
Thursday, October 10, 2013
WEEK1 - EOC: My Voice
Hello my name is Shaun Chapson, and my passion is breaking
the rules of reality, and creative real life dreams.
WEEK2 - EOC: Supreme Court
Hill has a truly
unique case. He was convicted of murdering his girlfriend. He was then
convicted of beating his prison cellmate to death. At the time of his trial, he
was unable to prove his mental retardation beyond a reasonable doubt (a high
burden uniquely imposed in Georgia alone), as the government’s experts all felt
that he was either malingering or competent.
All of those
experts later changed their diagnoses, citing inexperience and insufficient
time with Hill for proper evaluation. All seven experts who have examined him
now agree that he is, beyond a doubt, mentally retarded.
I believe that
Hill although being mentally retarded still has to fallow the laws of the American
people. He is not crazy, or have multi personality disorder, that may lead him
to do something without clearly knowing what he is doing. Even Though he is mentally retarded he should
still have an understanding of good and bad.
WEEK2 - EOC:My Voice
Cases on the Horizon
Predicting what the Supreme Court will or won’t do is always a tricky business. Indeed, after a few faulty predictions, CNN’s lead Supreme Court analyst announced this summer that he will only “make predictions about the past” from now on. Some cases, though, are relatively safe bets, and the following two cases are more than likely to be reviewed by the Supreme Court in the next two terms.Contraceptive Mandate Litigation. In an effort to increase access to contraceptive services, the Department of Health and Human Services issued guidelines requiring employers to pay for contraception, sterilization, and abortifacients, and granted a narrow exemption for certain religious employers.
A challenge to the Voting Rights Act coverage formula, a case dealing with racial preferences in higher education, Arizona’s proof of citizenship voter registration requirement, and, of course, the long-awaited same-sex marriage cases. With a number of cases involving the Fourth Amendment, from drug-sniffing dogs to warrantless blood tests
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