It is very easy to see who put in the effort on the final project.
Here is my list starting from the best to worst.
1.Melinda M. Terheide
2.Chelsea Elizabeth Lucero
3.Maria Feinla
4.Sean Anthony Lee
5.Renferd K. Angel
6.David Wayne Orton
7.Eduardo Valencia
8.Chase M. Schmidt
9.Daniella Erin Casey
10.Everett Warren Chambers
11.Brett Carol Howard
12.Raymond Hartley
13.Tyrone Hardy
14.Jake Charles Cordova
15.Keith Hasson
16.Kristen Hayford
17.Osvaldo Lopez
18.Cary Keola Smith
19.Randi J. Spencer
20.Richard Michael Silvera
21.Edwin Jess Hernandez
22.Charles Edward Ferreira
23.Robert B. Bowman
24.Eric D. Beymen
Thursday, December 16, 2010
My Opinion
My Own Opinions
I was very surprised to hear how simple intellectual property law are compared to other types of law. For the most part there is no black and gray, and no loop holes. All the intellectual property laws are in place to protect the art and right of artists. All laws are made to protect an individual but with intellectual property law there is a smaller margin for interpretation. I had such a hard time finding the right lawyer, but in the end i got the answers I was looking for. I did agree with the answers that Neil Friedman gave me. I think intellectual property laws were written correctly. There are laws here in America where some groups might agree or disagree but intellectual property laws are supported by any person trying to protect their creations. In my opinion the continued use of your mark is a great way to establish rights to your intellectual property. "A mark that is continuously used for five years after placing them on the federal Principle Registrar may qualify as "incontestable". That means that the mark may no longer be challenged by another on the ground that it is too weak to warrant legal protection" (Nolo Pg. 405).
One thing that that an intellectual property creator must keep an eye for is counterfeiters. "Counterfeit is the act of making or selling lookalike goods or services bearing fake trademarks, for example, a business deliberately duplicating the Adidas trademark on shoes" (Nolo Pg. 405). Stay informed and always protect your intellectual property.
I was very surprised to hear how simple intellectual property law are compared to other types of law. For the most part there is no black and gray, and no loop holes. All the intellectual property laws are in place to protect the art and right of artists. All laws are made to protect an individual but with intellectual property law there is a smaller margin for interpretation. I had such a hard time finding the right lawyer, but in the end i got the answers I was looking for. I did agree with the answers that Neil Friedman gave me. I think intellectual property laws were written correctly. There are laws here in America where some groups might agree or disagree but intellectual property laws are supported by any person trying to protect their creations. In my opinion the continued use of your mark is a great way to establish rights to your intellectual property. "A mark that is continuously used for five years after placing them on the federal Principle Registrar may qualify as "incontestable". That means that the mark may no longer be challenged by another on the ground that it is too weak to warrant legal protection" (Nolo Pg. 405).
One thing that that an intellectual property creator must keep an eye for is counterfeiters. "Counterfeit is the act of making or selling lookalike goods or services bearing fake trademarks, for example, a business deliberately duplicating the Adidas trademark on shoes" (Nolo Pg. 405). Stay informed and always protect your intellectual property.
Rule of Law
Rule of Law
Sometimes cases that may seem to be very simple to one side may end up costing them. Earlier this year there was a case dealing with trademark infringement between fashion giant Lacoste and Baker Street clothing. Baker street clothing is a european clothing company that used a crocodile logo on their clothing, Lacoste argued that it could cause confusion with their famous alligator. The case started almost five years ago, Lacoste initially won the case. Baker Street Clothing is a relatively small clothing company that appealed the case and eventually won. The case was very interesting to me because the whole case was based on wether the public would confuse an alligator with a crocodile. To Lacoste it seemed very simple but it ended up costing them. Baker Street Clothing won the case and now they are free to produce their clothing on a large scale. Baker Street Clothing is now in contract negotiations with retailers to begin selling their product. The lawyer Neil Friedman that answered my questions was clear in explaining how to interpret them. It is crucial that none of the intellectual property laws are taken lightly because it can end up costing you. In some cases like the Lacoste vs. Baker Street Clothing it can come down to how the law is interpreted. "All art works are protected under copyright" (Nolo Pg. 321). Certain visual art that is produced in a single copy or limited edition of 200 copies or fewer signed and numbered copies receives special protection under an amendment to the Copyright Act known as the Visual Artists Rights Act" (Nolo Pg. 321). Always protect your creations by signing, dating, and placing the copyright mark by your intellectual property. In certain cases it is possible to have the individual infringing your creation pay your attorney fees. "The Lunham Act authorizes the court to award attorney fees only in cases of "Exceptional" infringement" (Nolo Pg.395). Characters such as a company mascot should also be trademarked because they can be used to represent the company without displaying the name. Mickey Mouse is a great example because it is a highly recognizable character that represents the disney company. Always be diligent.
Sometimes cases that may seem to be very simple to one side may end up costing them. Earlier this year there was a case dealing with trademark infringement between fashion giant Lacoste and Baker Street clothing. Baker street clothing is a european clothing company that used a crocodile logo on their clothing, Lacoste argued that it could cause confusion with their famous alligator. The case started almost five years ago, Lacoste initially won the case. Baker Street Clothing is a relatively small clothing company that appealed the case and eventually won. The case was very interesting to me because the whole case was based on wether the public would confuse an alligator with a crocodile. To Lacoste it seemed very simple but it ended up costing them. Baker Street Clothing won the case and now they are free to produce their clothing on a large scale. Baker Street Clothing is now in contract negotiations with retailers to begin selling their product. The lawyer Neil Friedman that answered my questions was clear in explaining how to interpret them. It is crucial that none of the intellectual property laws are taken lightly because it can end up costing you. In some cases like the Lacoste vs. Baker Street Clothing it can come down to how the law is interpreted. "All art works are protected under copyright" (Nolo Pg. 321). Certain visual art that is produced in a single copy or limited edition of 200 copies or fewer signed and numbered copies receives special protection under an amendment to the Copyright Act known as the Visual Artists Rights Act" (Nolo Pg. 321). Always protect your creations by signing, dating, and placing the copyright mark by your intellectual property. In certain cases it is possible to have the individual infringing your creation pay your attorney fees. "The Lunham Act authorizes the court to award attorney fees only in cases of "Exceptional" infringement" (Nolo Pg.395). Characters such as a company mascot should also be trademarked because they can be used to represent the company without displaying the name. Mickey Mouse is a great example because it is a highly recognizable character that represents the disney company. Always be diligent.
Reasoning of the Law
Reasoning of the Law
Although intellectual property law can be interpreted as the person that created the intellectual property has the exclusive rights to it, laws might differ slightly in different states. It is very important to to stay informed about your local area and law ion areas where you conduct business. Subject matter is the basic understanding of copyright law, "Copyright protection subsists, in accordance with this tittle, in original works of authorship, fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, ether directly or with the aid of a machine or device" (Nolo Pg. 358). It is very important to understand the difference between copyright and trademark. A copyright gives rights to the creator of intellectual property. Lawyers must have an understanding of copyright infringement. "Infringement of a copyright can be treated as a federal crime under the Copyright Act if it is done intentionally and with full knowledge that and infringement is occurring" (Nolo Pg. 240). A defective copyright notice can be a defense that copyright infringement did not occur. "Until March 1, 1989, works published in the united states needed a copyright notice in order for the copyright to remain in force" (Nolo Pg. 243). Another defense to copyright infringement includes, "the allegedly infringing work was independently created" (Nolo Pg. 243). In my opinion the most common defense is that "the use was authorized" (Nolo Pg. 243). The lawyer that helped me was very informative. Intellectual property law is in place to protect the rights of creative individuals, in some cases technicalities can make it impossible to reach justice. He explained that its always important to stay on top of protecting my creations to keep them from slipping into public domain. Not being diligent and neglecting your intellectual property will lead to losing rights to your creation.
Although intellectual property law can be interpreted as the person that created the intellectual property has the exclusive rights to it, laws might differ slightly in different states. It is very important to to stay informed about your local area and law ion areas where you conduct business. Subject matter is the basic understanding of copyright law, "Copyright protection subsists, in accordance with this tittle, in original works of authorship, fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, ether directly or with the aid of a machine or device" (Nolo Pg. 358). It is very important to understand the difference between copyright and trademark. A copyright gives rights to the creator of intellectual property. Lawyers must have an understanding of copyright infringement. "Infringement of a copyright can be treated as a federal crime under the Copyright Act if it is done intentionally and with full knowledge that and infringement is occurring" (Nolo Pg. 240). A defective copyright notice can be a defense that copyright infringement did not occur. "Until March 1, 1989, works published in the united states needed a copyright notice in order for the copyright to remain in force" (Nolo Pg. 243). Another defense to copyright infringement includes, "the allegedly infringing work was independently created" (Nolo Pg. 243). In my opinion the most common defense is that "the use was authorized" (Nolo Pg. 243). The lawyer that helped me was very informative. Intellectual property law is in place to protect the rights of creative individuals, in some cases technicalities can make it impossible to reach justice. He explained that its always important to stay on top of protecting my creations to keep them from slipping into public domain. Not being diligent and neglecting your intellectual property will lead to losing rights to your creation.
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.
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.
Legal Authority
Legal Authority
After a few weeks of desperately trying to contact a lawyer I finally made progress with a lawyer named Neil Friedman. I started out by making a few call and emailing several law firms. They started out very polite as if they were really interested in what i had to say. Several lawyer and firms were asking for compensation of up too 300 dollars. Many of the law firms refused to return my calls unless I was willing to pay for the official consultation. I was shocked at how many lawyers weren't willing to take a few minutes to answer just a few questions. I came into contact with a few lawyers that were willing to help but ended up to busy to call me back. I also had situations were i would call them several types and would keep getting the same answer that they were in a conference call. I actually called a few places to the point were they could have saved the both of us a lot of time and frustration if they just quickly answered my questions. After a few week I ran into an add online and I thought I would give it one last chance before I decided to give in to the frustration. A man named Jim Nielsen answered my email and helped me get into contact with a intellectual property lawyer named Neil Friedman. Every member of the firm was very polite and more than willing to take the time out to give me some help. They were friendly and seemed to be more interested in helping me and building a relationship than trying to make a quick dollar. Many lawyer are money hungry but you do occasionally run into a lawyer that legitimately wants to make a difference.
After a few weeks of desperately trying to contact a lawyer I finally made progress with a lawyer named Neil Friedman. I started out by making a few call and emailing several law firms. They started out very polite as if they were really interested in what i had to say. Several lawyer and firms were asking for compensation of up too 300 dollars. Many of the law firms refused to return my calls unless I was willing to pay for the official consultation. I was shocked at how many lawyers weren't willing to take a few minutes to answer just a few questions. I came into contact with a few lawyers that were willing to help but ended up to busy to call me back. I also had situations were i would call them several types and would keep getting the same answer that they were in a conference call. I actually called a few places to the point were they could have saved the both of us a lot of time and frustration if they just quickly answered my questions. After a few week I ran into an add online and I thought I would give it one last chance before I decided to give in to the frustration. A man named Jim Nielsen answered my email and helped me get into contact with a intellectual property lawyer named Neil Friedman. Every member of the firm was very polite and more than willing to take the time out to give me some help. They were friendly and seemed to be more interested in helping me and building a relationship than trying to make a quick dollar. Many lawyer are money hungry but you do occasionally run into a lawyer that legitimately wants to make a difference.
Week 10 EOC Robert Kearns vs. Erin Brokovich
Robert Kearns vs. Erin Brokovich
I think the movie with Robert Kearns was a bit more intense than the Erin Brokovich. I think the Robert Kearns story was a little bit easier to relate too. I believe you can connect with the character because we have all been in impossible situations where someone has done us wrong. We all have situations where we knew we were 100 percent right but no one seemed to care. I think I can relate to being in a position where there was no way out, and in the end, I wasn't better off than i was in the beginning. I am happy that in the end he got what he was after. He won 1o million dollars, but most importantly, by finding GM guilty it proved that he was telling the truth all along. I think that they admitted their guilt when they offered him 30 million dollars. I believe that the every company should have to pay him for using his technology in their cars. My favorite part about the case is that he represented himself in the final trial and he was successful. The Erin Brokovich story was inspirational because it shows that you can be successful in a tough situation. I think that the case was also intense because the company involved in the case actually got people seriously ill. The fact that they were trying to keep the contaminated water under wraps meant that they were willing to continue letting them drink the infected water. It says a lot about a company when they are willing to let someone get sick and potentially die. They also placed the rest of the family in danger by not reporting the contaminated water. They were both interesting cases but I was more interested with the Robert Kearns story because there were less lawyers involved.
I think the movie with Robert Kearns was a bit more intense than the Erin Brokovich. I think the Robert Kearns story was a little bit easier to relate too. I believe you can connect with the character because we have all been in impossible situations where someone has done us wrong. We all have situations where we knew we were 100 percent right but no one seemed to care. I think I can relate to being in a position where there was no way out, and in the end, I wasn't better off than i was in the beginning. I am happy that in the end he got what he was after. He won 1o million dollars, but most importantly, by finding GM guilty it proved that he was telling the truth all along. I think that they admitted their guilt when they offered him 30 million dollars. I believe that the every company should have to pay him for using his technology in their cars. My favorite part about the case is that he represented himself in the final trial and he was successful. The Erin Brokovich story was inspirational because it shows that you can be successful in a tough situation. I think that the case was also intense because the company involved in the case actually got people seriously ill. The fact that they were trying to keep the contaminated water under wraps meant that they were willing to continue letting them drink the infected water. It says a lot about a company when they are willing to let someone get sick and potentially die. They also placed the rest of the family in danger by not reporting the contaminated water. They were both interesting cases but I was more interested with the Robert Kearns story because there were less lawyers involved.
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