Friday, September 10, 2010

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.

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