Thursday, December 16, 2010

Intellectual Law Questions

The Questions
I think I had an advantage in the questions that were available to me because of the field that I am in. I decided to include these particular questions because in the field of fashion you deal with photography, audio, and video.

1. What images and creations can be used as trademark or copyright?
Any original creation can be copyrighted and trademarked to be protected under intellectual property law.


2. When using original music at a fashion show, how do I keep people from using it without my consent?
If the work is registered with the with the copyright office it will be easier to protect it and keep people from using it without authorization.

3. If I find out someone has been using my images for several years what action can I take?
There is a statue of limitations on the actions that can be taken. You can keep someone from the continued use of your creations. In some cases you might not be able to recover monetary damages.
4. If I contract an artist to create an image, do I have exclusive rights to the work?
If it states in the contract the the work is property of your business you are entitled to the intellectual property.
5. If I create an image on a shirt and someone uses for monetary gains without being successful what can I do?
Because it is my creation I can keep anyone from duplicating it, and I can also sue for damages.

6. What actions should I take immediately after finding out someone is using my creation?
Issue an order by the courts demanding that the immediately stop the use of your creations.

7. Someone has taken on of my creations but has changed it slightly to make it their own creation?
If it is obvious that the image came from your original piece, it is possible to take immediate legal action.

8. Is there a limit to how much money i can sue for if someone steal photos of my fashion show.
There is no limit to how much money you can sue for, but it must be a reasonable amount.

9. What can I do if someone steals my work before i can copyright it?
It is still your creation and you are still entitled to the rights if you can prove you created it.

10. What creations fall under certain intellectual property law?
Your company name or logo falls under trademark, and original creations fall under copyright law.

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