Thursday, December 5, 2013

YOUR OWN ARGUMENT AND OPINIONS


 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.

 

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.

WEEK9 - USED CARS

1.Damage of personal property

2. Attempted murder

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.

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