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.