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.
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