Friday, September 10, 2010

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.

No comments:

Post a Comment