Week 11: Final Evaluation: Forced Choice

1. Kristine Alberto
2. Vivian Diamond
3. Saul E. Lopez
4. Stanley s. Nolan
5. C. J Jones
6. Ryan Louis Fernandez
7. Lonnie Chester
8. Leslie Rodriguez-Delgado
9. Korsyca Oya
10. Adam Mukaya
11. Joanne Fernandez
12. John A. Zullo
13. Katherine Gaerlan Calesing
14. Jake Albert Crissman
15. Christina Cassaro
16. Shantay Reaze
17. Rebekah Anne Klatsky
18. Stephen Joesph Armellino

I think Kristine did a great job on her final. She explained in detail about her conversation with her lawyer and she provided many quotes from the book.

Week 11: Final Evaluation

I felt that throughout the class I have learned so much about patents, copyrights and trademarks. The information I have learned will help me greatly in the future to protect myself as an artist since I will be dealing with copyright laws. I’m glad I will have some knowledge what some companies have done to deal with these types of situations. I had a fun experience in this class. I thought watching parts of the movies that were shown were very interesting movies to see. I really enjoyed listening to the conversation about companies getting lawsuits or having to change their name because they had the same name as a famous business. I enjoyed having a laugh here and there in the class discussions. Having to tweet everyday for 11 weeks I thought became a very good reason for me to look up what is happening in my field of work that I want to go into. I would have not known about animations I have not seen before or that there is an all women animation organization only. As for a grade I think I deserve a B because I have done all my EOCs, BOCs and my final project but I feel that my final project, I sort of a had difficult time putting the quotes in my paragraph to make sense. As for the last tweets I did it al l in one day.

Eoc Week 10: Robert Kearns

My thoughts on Robert Kearns are that he had given up so much to fight Ford for stealing his invention. After finding out that it took him 12 years to finally settle it, I think that takes great dedication but as if commenting suicide. To put up a battle with a powerful company is like facing a bull head on. I think that losing his family to protect his invention of the windshield wiper is a great sacrifice that many people would never do. To me he is not a hero but a man jumping off the edge of the world to prove a point.
I think that the movie is a fantasy of what they wanted Robert Kearns to be like in the end after he had won the case. Hearing that he was nothing like that and a real ass in reality I believe the stress of what had happen may have had a contribution to the way he started to act. Since the issue took years to finally come to a close, it can change someone for good. In the end I think Ford should have never stole Robert Kearns’ idea in the first place. Maybe his life would have been perfect with his wife and kids. He would be living happy and stress free. His family wouldn’t have to face the hardships with him obsessing about getting his invention to be proven that it was made by him. The car company had their own engineers working on the idea of the windshield wiper that would pause in between but I they figured they would steal a regular citizens idea instead. I think Ford thought Robert Kearns wouldn’t fight them and simple give up because he had no power. He was a nobody, until he started to take action against the company.

BOC Week 10: Lawyer jokes

What’s the difference between a lawyer and an onion?
Answer: You cry when you cut up an onion

http://www.swapmeetdave.com/Humor/Lawyer.htm

Did you hear about the new sushi bar that caters exclusively to lawyers?
Answer: It's called, Sosumi.

http://www.corsinet.com/braincandy/jklaw.html

What do male lawyers and sperm have in common?
Answer: Only one in two million do any real work!

http://www.extremelysmart.com/humor/lawyerjokes.php

Why won't sharks attack lawyers?
Answer: Professional courtesy.

http://www.lotsofjokes.com/lawyer_jokes_2.asp

A mother and son were walking through a cemetery, and passed by a headstone inscribed "Here lies a good lawyer and an honest man." The little boy read the headstone, looked up at his mother, and asked "Mommy, why did they bury two men there?"

http://www.kinseylaw.com/JOKES/jokes.html

Week 9: First Amendment and the news

The first amendment does protect freedom of speech and the burning of Koran, many are saying is a type of speech. The event was to honor what happened on September 11 2001. I say it is not a right thing to do even though it is to celebrate 911. I believe that the aftermath of this event happening is that there may be an outrage that will cause people to get hurt. Religion is very powerful and can cause an uprising. It is hard to have to protect the actions of this individual but he does have every right to protest. My thoughts on it is that he should think about what can happen after if he goes through with this doing. Many people want him dead when he announced of what he was to do. It could cause chaos and lives put in danger. His outspoken type of speech won’t restore any peace for 911.
As for the news I think they sometimes over exaggerate stories. With the burning of Koran, it is very important to inform the people about what is to happen. They even had a discussant about president Obama’s thoughts about the event. The media can change stories to entertain the public. They may add in a little spice to make the story entertaining as well as change one fact. Once they get a hold of information, the news can do anything with it. It doesn’t matter if you’re the good guy or the bad and if you’re powerful, one false slip from the news can ruin a person’s reputation. Sometimes I think that certain people want to appear on the news to gain attention so that everyone around the country will know what they are doing or what they did. I think the news takes advantage of that.

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.

I thought that most of the information I received from my lawyer was very accurate. There were some answer that I didn’t like to hear but it is the law so I can’t do much about it. My question about selling an art piece for cheap and discovering it on the cover of a magazine in which the lawyer told me that I basically sold it so I gave up my rights to the drawing. I didn’t like the answer I got back because I figured I could do something to claim rights but my art became public domain if “Any invention that is published, put in public use, sold…” (Patent, Copyright, Trademark Richard Stim, 118) After hearing that I do somewhat agree after I thought about it because “If the author sells the copyright to someone else, the purchasing person or business owns the copyright.” (Patent, Copyright, Trademark Richard Stim, 191) Selling my art at a convention which I probably didn’t put any copyright on it since it would be a piece I was willing to sell for cheap. I do agree with my lawyer when we discussed about if a member of my team stole my background design and used it for his own purposes without crediting me. She said that I can sue him and I just have to have my proof ready. “ In the event someone infringes the exclusive rights of a copyright owner, the owner is entitled to sue in federal court…” (Patent, Copyright and Trademark Richard Stim, 193) With that if something like this were to happen to me I will know that the judge can “…award full cost to a party in an infrigngment lawsuit…” (Patent, Copyright and Trademark Richard Stim, 362) I sort of agree with the lawyer’s answers to my question asking if I use the background audio of a song and just changing the words, do I still have to ask for permission? She told me that I would still have to ask permission anyways and that “Parody occurs when one work ridicules another well- known work by imitating it in a comedic way.” (Patent, Copyright and Trademark Richard Stim, 277) If I was not intending on having the song be that funny then it will not be a parody. I think that I’m like the “Many people mistakenly believe that they can use copyrighted material as long as they credit the author.” (Patent, Copyright and Trademark Richard Stim, 203)

Rule of law:a concise summary of the main precedent established. Support with quotes form the book

I understand that “Patent applicants typically are independent inventors who choose to build and distribute their own interventions…” (Patent, Copyright, Trademark Richard Stim, 98) I will use that if I were to create a toy or clothing line if my character or animation becomes popular and I want to start distributing it. I have some knowledge of patents but I know that copyrights are what artist deal with the most out of everything. “A collective mark is a symbol, label, word, phrase or other mark used by members of a group of organization to identify goods members produce or services they render.” (Patent, Copyright, Trademark Richard Stim, 387) To design my company for animation I will have to create a unique name or logo to identify ourselves. I know that “…when a work is first entitled to copyright protection- that is, when it is first ‘created’. “ (Patent, Copyright and Trademark Richard Stim, 228) I will know that all of my art pieces are protected when they are first created but it is up to me to keep them protected. It is very important that “Registration is mandatory before a copyright infringement action can be filed in court.” (Patent, Copyright and Trademark Richard Stim, 221) to have in mind in case I get into a situation where I find someone not following my copyrights. “ The reason for acquiring permission is to avoid a lawsuit.” (Patent, Copyright and Trademark Richard Stim, 282) I know that this will be very important because I don’t ever want to get sued especially chasing a large corporation that maybe stole my design. “To design or build a device or process that is similar to but doesn’t infringe on invention protected by a patent…” (Patent, Copyright and Trademark Richard Stim, 52) My design can be designed around like different technological gadgets today.

Reasoning of the law:analysis of the thinking process and logic used by your lawyer

With the first question that I asked to my lawyer being about a certain contest she said that the company had just put out the contest for fun, meaning that they will not plan on using the design in sales if there is a prize but she says to be cautions with what I sign in the entry forms. She informed me to scan through the terms and notification even though it is a long list of rules before I check that I have read it, if I ever do feel unsure about a contest. I don’t like to read the long essay of words but I will greatly take it into consideration. Like I’ve said before my lawyer was straight forward with the answers that she provided me with and I think she did a great job. I’m grateful that she could help me as much as she could with the questions I was giving. This lawyer reminded me of a person similar to that of a doctor or dentist where they tell you the facts you want to know about.

As for the website letting me have a creative license she couldn’t answer the question fully. She told me that it is usually when you submit a picture or something uploaded to a website, it becomes property of the site. Although, since the website let me have a protective license on it then the website is letting the artist have full ownership of it just letting him or her display their artwork on the site. Hearing that I knew that I have “The exclusive right to display an original work..” (Patent, Copyright and Trademark Richard Stim, 237) on that website. I am glad to have some information about the website just in case anything was to come up.

Also with the idea of copyrighting t-shirts with saying on them, my lawyer told me I can’t copy the idea because many clothing companies already have t-shirts with sayings so I didn’t create it. “Ideas as such are not protected through the copyright process. Only the actual expression of an idea is subject to copyright protection.” (Patent, Copyright and Trademark Richard stim, 254) Althought, I agree that “An idea for a design may also qualify for a patent if it is for a nonfunctional ornamental design of a manufactured product.” (Patent, Copyright and Trademark Richard Stim, 255)

My lawyer was very clear about when I asked if my animated character could have its name copyrighted. She said yes I can get it copyrighted. Similar to that of having the same name of a famous, well known store. She said it is up to the company to go after and chase you if they feel that people will relate my company to theirs.

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?

1. If I’m the winner of a shoe design contest and the prize is $500 along with a costume shoe having my design on it, will I get any percentage if the company that hosted the contest decides to sell my design in stores?

This question relates to something that I have done before where I have entered a contest to win a prize but I’ve always wanted to know if I will get anything after, once I received my winnings. Although I have entered many contests I haven’t won any yet so that is why I decided to come up with a question like this.

2. I posted my art on a website where it says I can have a creative license to protect it, is my art fully protected?

There is a website called deviantart.com where artist can post up their art for people from all over the world to view. There are three types of licenses you can choose from to protect your art; you can even put a watermark on top of it. I’ve have posted up art on this website and have mainly used the creative licensing but I still am unsure about how much my art is protected. I notice that people can just go onto the website without becoming a member and take the pictures off of the website. I know of this because of have done so myself. I think “…a website or webpage is protected under copyright law…” (Patent, Copyright and Trademark Richard Stim, 305) which is why I have my art posted up still on that website.

3. Someone stole my character design off my website but made slight changes to the character, am I able to still claim that they are using my character?

I know that these days its is very hard to create something new especially a character but I’m interested in how far I can go if I see that another person has a very similar character design to that of mines. I want to know if “Deliberately passing off somebody else’s original expression on creative ideas as one’s own is colloquially known as plagirarism.”(Patent, Copyright and Trademark Richard stim, 285)

4. If I sold a drawing at a convention to someone for a cheap price and I later find that my drawing has been made on the front cover of an art magazine, what are my options to say that the drawing is mine and I want title of it?

I see many types of art being sold at different conventions. The artist has their own booth set up displaying their art for a price, even drawings selling for a buck a piece. I’ve been pondering the thought of maybe setting up my own booth because I’ve heard it is a great opportunity to meet scouts looking for artist and it’s a place to network yourself. I still have my doubts on if things were to happen. Since the drawings are sold for so cheap anyone can buy it and use it for something.

5. A member on my animation team used my background drawing in his own personal project without giving me credit, can I sue him?

Working with a team is imbedded in my career. I have always wondered if there was one member of who would take another’s art and use it for their own purposes without giving that person credit. I wouldn’t want that to ever happen but I may never know and I will be working with different types of people in my field. Even though I have developed trust for that person I want to know if I can get him to credit my art.

6. Can I copyright the idea of having t-shirts with sayings on them?

I love t-shirts with those funny saying on them. I want to know if I can have full protection on t-shirts like that if I start my own t-shirt business.

7. If I used the background audio of a song and just change the words, do I still have to ask permission to use the song or can I say it’s a parody?

I will be working with a lot of audio and I just want to know for my best interest so I can be informed in the future when I have to deal with these types of situations.

8. If my animated character has a unique name can I copyright that character’s name?

I know that “Trademarked characters can be graphic or ‘drawn’ characters.” (Patent, Copyright and Trademark Richard Stim, 387) but I want to see if I can really be able to copyright my characters unique name. That is if my character where to ever be popular, I don’t want anyone to use that name because it is distinguish by the character.

9. If I send my design to a manufacturing company in china to be made and I later find a very similar design to that of mines being sold in stores in china, can I sue the manufacturing company and the store that is selling it?

I want to make sure that if I ever do send my design over sees what can I do if the manufactory does steal it or another stores does and I don’t find out till later.

10. If I use the same name as a popular store but change the lettering, can I still use that name for my own company?

I would like to have some knowledge ahead so that in the future I will know if that is the right way I want to go by copy the name of a famous company that I want to name my company but we do different businesses.

Legal Authority: How I made contact, found this person and why they are a good choice.

On lawyers.com I found my match of a lawyer that I interviewed. I knew that the lawyer I choose was not a fake because all “…attorneys must be licensed to practice law…” (Patent, Copyright and Trademark Richard Stim, 100) The lawyer I found was very helpful. She was nothing like how I would have expected a lawyer to be like. I thought she was very different from other lawyers. I contacted her through phone and at first I had to set up an appointment to talk to her, as she was very busy at the time. So I agreed and I set up a time to talk to her. When I had my talk with her, she was very polite and didn’t seem to be annoyed at anything I asked. She was very straight forward with her answers. Many of my questions had to deal with being an artist. “It must be original- that is, the author must have created rather than copied…” (Patent, Copyright and Trademark Richard Stim, 190) I think that all artist shouldn’t be afraid of incorporating an idea that has been done because nothing is new these days. I think she was a good choice because she made time to talk to me and was very informative with my questions. It seem to me like she maybe have had done something like this in the past so she was willing to help a student. Although it was just two phone call, I think my lawyer did a great first impression unlike the other numbers I have dialed and received just voicemail and no call backs. In the end she told me good luck with my work and to call again if I ever do need a lawyer, which I thought, was funny a thing to end the conversation with.

EOC Week 8: Legal Questions

1. If I get caught hacking, what are the consequences.

2. If I sell my company and everything with it can I take my clients with me.

3. Someone stole my character and made slight changes can I sue?

4. My website name is used by another company can. They sue me even though its two different website concept?

5. If I choose to design a garment should I paten my design?

6. If I’m not featured in the credits of an animation can I take the company to court?

7. If I work with a celebrity in my ad campaign and I signed a confidentiality agreement but my employee says something could, I or my company be sued?

8. If I use an image that didn’t create do I need to have a contract with the owner?

9. If didn’t copyright a creation of mine and someone from my team takes it, can I take any action?

10. If my spouse pays to set up my business and I ran everything, if we get a divorce does he have a claim to it?