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?

EOC Week 7: What legal issues concern you most?

Some legal issues that concern me the most are topics about designing and film. I don't want to copy someone else's art but these days it’s hard to create "new." I'm in an animation field and one of my concerns is if I developed my own character in an art piece, can someone else steal it if I post it on the web, Such as on a website called Deviantart.com. That website has some licensing but does my artwork only belong to the website once I’ve submitted it? Another concern of my regarding this website is that anyone can look at my art. I want to know what will happen if someone steals it from that website when I have a creative license on it from the website itself. Will I be able to take them to court and say they stole my artwork? I like the website a lot because I can view other artist from around the world as well as create my own profile for others to view but I have become cautious when I found out an artist piece was stolen by a game company. This incident happened a while back and I haven’t found out what the artist did. What also interest me is the designing contest that you can enter to win money and your design on the product. I’ve entered contest like that but I haven’t won yet. My concern is if I were to win, will I be able to ask for percentage? For every where my design goes I want to know if I will get paid for each time it is used. As for legal issues of my personal interest not relating to my career, I want to know what is the big talk about the pronunciation of the word Nevada. I think saying it either way is fine.

EOC Week 6: Illicit? What do you think?

I think the documentary is very interesting and quiet shocking to discover that a lot of things in our world can be a fake. I like how the film said that the bad guys can get rich right under our noses and even though they get caught, they can still continue the trafficking of fake goods. Before I didn't realize the harm of buying fake bags and jewelry can do to top of the line fashion companies. It is easier to lure a person into buying something of the same type for cheaper then buying it for the actual cost which is a much higher price. I have to admit that I am a person who would rather buy the cheaper bag then the real bag sold in the fancy stores. After watching this documentary I will be more aware of what I purchase. Today, everything deals with money and buying something for a little less can be nice. As for drugs it is very dangerous, I would never buy prescription drugs online. I rather go to a doctor and to the pharmacy where I know my drugs will be the actual product and not some lead paint mixed with chemicals of cleaning items. I didn’t know that such people will go that far to make money and use poison ingredients to be sold for medicine. It is as if they are a hitman, killing people without anyone knowing.
As for a visual part of the film, I started to get dizzy and sick as the jerky movements and shakiness of the camera was shown. In some parts I had to look away. I thought that the camera movements weren't the purpose to make people become sick but I thought it was another way to make the viewers feel then just see.

EOC Week 4: Ten of the most meaningful patent terms

Unenforceable patent
Prior art
Patent application
Amendment of patent application
Patent misuse
Design patents
Design around
Drawings, patent application
Filing date
Group art unit