Friday, September 10, 2010

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)

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