I based my choices off of completion and content.
1.)Chambers, Everett Warren http://vegasinteriors.blogspot.com/
2.)Lucero, Chelsea Elizabeth http://chelzzlucero.blogspot.com/
3.)Orton, David Wayne http://vemg.blogspot.com/
4.)Howard, Brett Carroll http://accudraft45.blogspot.com/
5.)Valencia, Eduardo http://eduardov425.blogspot.com/
6.)Cordova, Jake Charles http://jakenstein151.blogspot.com/
7.)Uy, Maria Feinila D. http://madeirich.blogspot.com/
8.)Lee, Sean Anthony http://primarydesign702.blogspot.com/
9.)Terheide, Melinda M http://terheidedesigns.blogspot.com/
10.)Angel, Renferd K http://angelaudioproduction.blogspot.com/
11.)Hearty, Raymond http://raygamepro.blogspot.com/
12.)Hardy, Tyrone http://cajogi.blogspot.com/
13.)Casey, Daniella Erin http://daniella-casey.blogspot.com/
14.)Smith, Cary Keola http://kotcc.blogspot.com/
15.)Schmidt, Chase M. http://colorblindproduction.blogspot.com/
16.)Hayford, Kristin http://rockabillybabydesigns.blogspot.com/
17.)Spencer, Randi J http://boysgrowup.blogspot.com/
18.)Bowman, Robert B. http://bowmanlifestudios.blogspot.com/
19.)Lopez, Osvaldo http://ozzy702.blogspot.com/
20.)Hasson, Keith http://keithhassonailvmma.blogspot.com/
21.)Ferreira, Charles Edward http://champf.blogspot.com/
22.)Hernandez, Edwin Jess http://mogulvision.blogspot.com/
23.)Silvera, Richard Michael,, Jr http://rmsfilms-richard.blogspot.com/
24.)Beymer, Eric D. http://ericbeymerphoto.blogspot.com/
See ya next year!!
Thursday, December 16, 2010
In My Opinion
"Intellectual property laws came under intense scrutiny with the popularization of the Internet at the end of the 20th century."Patent, Copyright, and Trademark by Attorney Richard Stim page 7.In my opinion there are a lot of rules regulations and laws that are hard to memorize. When it comes to web design there are so many avenues that a web designer can do to consider himself in the vicinity of infringement. You have to be careful with what you post. "The unauthorized use of these materials; text,photography,music, animation, sound, artwork, and music, is an infringement unless permitted as fair use."Patent, Copyright, and Trademark by Attorney Richard Stim page 318.
" A person is photographed does not acquire copyright ownership in the photo."Patent, Copyright, and Trademark by Attorney Richard Stim page 296. In the public eye I think its crazy for you to have a "permission slip" to photograph someone on public property. "A person who is the subject of the photo may be able to prevent the reproduction under legal theories such as the right of publicity, defamation,or invasion of privacy.Patent, Copyright, and Trademark by Attorney Richard Stim page 296. It is called public for a reason. On the other hand privacy is privacy and should not be crossed no matter the reason. Trademarking images should only be allowed if it is original work. Not anything that has been modified. It is easy to change work but to come up with an original idea that no one else has takes skill and should be taken into consideration when the trademark laws come into play.
" Music publishers own song copyrights and collect revenue, handle business formalities, sue infringement players,and look for new ways to exploit songs." Patent, Copyright, and Trademark by Attorney Richard Stim page 282. Reusing songs and logos should be considered if not used for capital gain. Which they are. I think for instance, if a company needs to use a portion of a song I think that if they purchase it from say iTunes or somewhere else they should be able to use it for presentations and other things connected to their company as long as they are not trying to sell the product. "The same person or business can own both types of copyrights, but the musical works copyright is usually owned by the songwriter or music publisher." Patent, Copyright, and Trademark by Attorney Richard Stim page 282.
All in all, I found this experience eye opening to the stress that people have when trying to acquire a lawyer for Patent, Trademarks, and Copyrights. I found that one out of many people would just talk to me and answer the questions that I need which tells me, one out of many isn't just looking for money. I also realize I need all of my ducks in a row before I start a business.
" A person is photographed does not acquire copyright ownership in the photo."Patent, Copyright, and Trademark by Attorney Richard Stim page 296. In the public eye I think its crazy for you to have a "permission slip" to photograph someone on public property. "A person who is the subject of the photo may be able to prevent the reproduction under legal theories such as the right of publicity, defamation,or invasion of privacy.Patent, Copyright, and Trademark by Attorney Richard Stim page 296. It is called public for a reason. On the other hand privacy is privacy and should not be crossed no matter the reason. Trademarking images should only be allowed if it is original work. Not anything that has been modified. It is easy to change work but to come up with an original idea that no one else has takes skill and should be taken into consideration when the trademark laws come into play.
" Music publishers own song copyrights and collect revenue, handle business formalities, sue infringement players,and look for new ways to exploit songs." Patent, Copyright, and Trademark by Attorney Richard Stim page 282. Reusing songs and logos should be considered if not used for capital gain. Which they are. I think for instance, if a company needs to use a portion of a song I think that if they purchase it from say iTunes or somewhere else they should be able to use it for presentations and other things connected to their company as long as they are not trying to sell the product. "The same person or business can own both types of copyrights, but the musical works copyright is usually owned by the songwriter or music publisher." Patent, Copyright, and Trademark by Attorney Richard Stim page 282.
All in all, I found this experience eye opening to the stress that people have when trying to acquire a lawyer for Patent, Trademarks, and Copyrights. I found that one out of many people would just talk to me and answer the questions that I need which tells me, one out of many isn't just looking for money. I also realize I need all of my ducks in a row before I start a business.
Rule of Law
There are not many wavering factors when it comes to the law, not many fine lines either. In getting photo's on private property they can tell you whether you may use any shots you take of their property. Attorney Richard Stim states in the book, Patent, Copyright and Trademark, page 4," The commercial value of intellectual property comes from the ability of its owner to control and exploit its use. The problem occurs when the objects are of private property but is taken on public. Take for instance a casino. The casino owner has a right to tell you whether you can use an image if it is used for capital gain or anything else that involves money transfer. "Intellectual property encompasses creative works, products, processes, imagery, inventions, and services and is protected by patent, copyright, trademark, or trade secret law." Patent, Copyright, and Trademark by Attorney Richard Stim page 102. The photo could essentially be the casino's property.
"An assignment is a document that transfers a patent owner's rights in exchange for money payable in a lump sum or royalties on future sales." Patent, Copyright, and Trademark by Attorney Richard Stim page 33.
In taking over someone's website its still breaking the law when you use their stuff on the site after you take it from them? Attorney Richard Stim states in the book, Patent, Copyright and Trademark, page 209, "In order to prove that a work was copied, sold, or performed without authorization, the copyright owner must demonstrate that the person accused of infringement had a reasonable opportunity to view or hear the copyrighted work and that the two works, the infringer's and the copyright owners' are substantially similar.
It sometimes makes it hard to find things that we can use because there has already been so much already done. Its easier to find an idea and stick with it. "When an original work of authorship has heavily relied upon an earlier one for its content and expression, it is said to be based on earlier work and under the Copyright Act is considered to be a derivative work.Patent, Copyright, and Trademark by Attorney Richard Stim page 216. I have had many privelges in the past with working with photos and digital images. It is from my understanding that you can change them to a certain extent to where it becomes yours as long at the elements are not noticeable , or the key factors of the photos. Attorney Richard Stim states in the book, Patent, Copyright and Trademark, page 296, " Photographic images are protectable under copyright law whether in print or digital format." I hate beimng photographed or filmed unless it was asked about before had. I do feel like it is a invasion of my privacy. "A person who is the subject of a photo may be able to prevent its reproduction under legal theories such as the right of publicity, defamation, or invasion of privacy." Patent, Copyright, and Trademark by Attorney Richard Stim page 296
It is horrible to steal someone's own work and it should never be done. It is done though. "Deliberately passing off somebody else's original work as one's own is known as plagiarism."Patent, Copyright, and Trademark by Attorney Richard Stim page 298. In plagairism it is hard for web designers to find out if someone has stolen your ideas because there are so many out there. That is why in choosing a web domain there can not be two alike on a server like .com or .net. "A website or Web Page is protected under copyright law and may be registered with the Copyright Office." Patent, Copyright, and Trademark by Attorney Richard Stim page 319. there are many sites that help you choose names for your web site. Some even show you other sites with similar names. Write them down, and do your research before creating anything on the web.
"An assignment is a document that transfers a patent owner's rights in exchange for money payable in a lump sum or royalties on future sales." Patent, Copyright, and Trademark by Attorney Richard Stim page 33.
In taking over someone's website its still breaking the law when you use their stuff on the site after you take it from them? Attorney Richard Stim states in the book, Patent, Copyright and Trademark, page 209, "In order to prove that a work was copied, sold, or performed without authorization, the copyright owner must demonstrate that the person accused of infringement had a reasonable opportunity to view or hear the copyrighted work and that the two works, the infringer's and the copyright owners' are substantially similar.
It sometimes makes it hard to find things that we can use because there has already been so much already done. Its easier to find an idea and stick with it. "When an original work of authorship has heavily relied upon an earlier one for its content and expression, it is said to be based on earlier work and under the Copyright Act is considered to be a derivative work.Patent, Copyright, and Trademark by Attorney Richard Stim page 216. I have had many privelges in the past with working with photos and digital images. It is from my understanding that you can change them to a certain extent to where it becomes yours as long at the elements are not noticeable , or the key factors of the photos. Attorney Richard Stim states in the book, Patent, Copyright and Trademark, page 296, " Photographic images are protectable under copyright law whether in print or digital format." I hate beimng photographed or filmed unless it was asked about before had. I do feel like it is a invasion of my privacy. "A person who is the subject of a photo may be able to prevent its reproduction under legal theories such as the right of publicity, defamation, or invasion of privacy." Patent, Copyright, and Trademark by Attorney Richard Stim page 296
It is horrible to steal someone's own work and it should never be done. It is done though. "Deliberately passing off somebody else's original work as one's own is known as plagiarism."Patent, Copyright, and Trademark by Attorney Richard Stim page 298. In plagairism it is hard for web designers to find out if someone has stolen your ideas because there are so many out there. That is why in choosing a web domain there can not be two alike on a server like .com or .net. "A website or Web Page is protected under copyright law and may be registered with the Copyright Office." Patent, Copyright, and Trademark by Attorney Richard Stim page 319. there are many sites that help you choose names for your web site. Some even show you other sites with similar names. Write them down, and do your research before creating anything on the web.
Tuesday, December 14, 2010
Reasoning of the Law
Yvette Friedman was not a stereotypical, uptight lawyer. She was very calm and even laughed a bit with some of the questions I had. She asked me at first what school I went to and I told her. She then said that she understood why I had to take this class. When I started to ask the questions that I had for her she referenced most of my questions if it was pertaining to art.
She definitely knew what she was talking about in most senses and told me if she couldn't answer them due to being too technical. I feel like she was definitely answering the questions as honestly as she could without being too over technical or analytical. Yvette used terms that I could understand and most possibly comprehend with the fact that I was still learning and she had been doing this for quite a long time.
Talking to Yvette, I realized that talking to a lawyer does not always have to be a bad thing. In fact once we got started with the Q&A it was quite refreshing. She was pleasant, had a lot of knowledge and was as helpful as she possibly could be. I honestly thought that I would get someone that would be a robot, or someone that sounded like they were reading the answers from some big law book in the sky. At the end of our conversation, Yvette said, " If you ever need a lawyer, come to see me." There it was, the whole reason behind all of the answers in which she had. She was looking for clientele. Honestly, I will probably use her if I need a lawyer because of the great conversation she and I had.
She definitely knew what she was talking about in most senses and told me if she couldn't answer them due to being too technical. I feel like she was definitely answering the questions as honestly as she could without being too over technical or analytical. Yvette used terms that I could understand and most possibly comprehend with the fact that I was still learning and she had been doing this for quite a long time.
Talking to Yvette, I realized that talking to a lawyer does not always have to be a bad thing. In fact once we got started with the Q&A it was quite refreshing. She was pleasant, had a lot of knowledge and was as helpful as she possibly could be. I honestly thought that I would get someone that would be a robot, or someone that sounded like they were reading the answers from some big law book in the sky. At the end of our conversation, Yvette said, " If you ever need a lawyer, come to see me." There it was, the whole reason behind all of the answers in which she had. She was looking for clientele. Honestly, I will probably use her if I need a lawyer because of the great conversation she and I had.
The Questions
Myndie Terheide
Class BUS250H Contracts, Negotiations and Copyrights
Lawyer's Name: Yvette Freidman
Law Firm: John Peter Lee LTD.
1.) Shooting photos or film on public or private property, where do you draw the line between the two?
" When shooting on any property it is only private if it has been declared private by its owner. You need permission to shoot anything on it
2.) If the property is private what right does the owner have you leave the property for taking photos?
" The owner has all rights to have you leave the property if it has been declared
private."
3.) Do celebrities and public figures give up their right to privacy in exchange for fame and fortune?
" Absolutely, sometimes there is price for fame and fortune.You can shoot anyone walking down the street, celebrities just have a title as a celebrity they are people like anyone else walking down the street."
4.) In design, how much of a percentage of change do two similar products have to be in order to avoid a lawsuit?
"Where the other item becomes noticeable as another item."
5.) A fashion designer leaves a company and takes a large portion of the clientele with them, can the parent company sue?
"They can sue if the clients are secret."
6.) What are the limits to #5?
"The limits are that if the clients are not secret they can take as many of the clients as they wish as long as they are not secret or on exclusive list for the company, or even contract bound."
7.) Is forcing people to give up their Web Domains for posting another websites material legal? How much of a right do the owners have? "Posting another person's work or material is illegal without permission from the owner. As long as they do not give up their rights to that material in any contract or verbal communication."
8.) Can any image be trademarked?
"No, not any image. Not a photo or even royalty free material. They still
have owners."
9.) Reusing a logo, how much credit do you have to give to the original designer?
"You have to receive a letter of permissions that has been gained before you
can re-use any material that is patented , trademarked, or copyrighted. You may
even have to pay for the use."
10.) How much of a song can you use before its copyright infringement?
"To the point it becomes recognizable."
In choosing the questions that we had , our group decided to pull a few from each of our professions. Each of us have seen problems in our professions from web design to photography. Most of the issues we have are more of a trespassing on owner's rights or trademark infringement. It is difficult sometimes being a student and getting the things we need as a student in our projects without stepping on some toes. Legal issues have a funny way of presenting themselves at the wrong times. If they were the right times they would not end up being issues, and we would not have to take a class to learn about what is right and what is wrong in this type of business.
Class BUS250H Contracts, Negotiations and Copyrights
Lawyer's Name: Yvette Freidman
Law Firm: John Peter Lee LTD.
1.) Shooting photos or film on public or private property, where do you draw the line between the two?
" When shooting on any property it is only private if it has been declared private by its owner. You need permission to shoot anything on it
2.) If the property is private what right does the owner have you leave the property for taking photos?
" The owner has all rights to have you leave the property if it has been declared
private."
3.) Do celebrities and public figures give up their right to privacy in exchange for fame and fortune?
" Absolutely, sometimes there is price for fame and fortune.You can shoot anyone walking down the street, celebrities just have a title as a celebrity they are people like anyone else walking down the street."
4.) In design, how much of a percentage of change do two similar products have to be in order to avoid a lawsuit?
"Where the other item becomes noticeable as another item."
5.) A fashion designer leaves a company and takes a large portion of the clientele with them, can the parent company sue?
"They can sue if the clients are secret."
6.) What are the limits to #5?
"The limits are that if the clients are not secret they can take as many of the clients as they wish as long as they are not secret or on exclusive list for the company, or even contract bound."
7.) Is forcing people to give up their Web Domains for posting another websites material legal? How much of a right do the owners have? "Posting another person's work or material is illegal without permission from the owner. As long as they do not give up their rights to that material in any contract or verbal communication."
8.) Can any image be trademarked?
"No, not any image. Not a photo or even royalty free material. They still
have owners."
9.) Reusing a logo, how much credit do you have to give to the original designer?
"You have to receive a letter of permissions that has been gained before you
can re-use any material that is patented , trademarked, or copyrighted. You may
even have to pay for the use."
10.) How much of a song can you use before its copyright infringement?
"To the point it becomes recognizable."
In choosing the questions that we had , our group decided to pull a few from each of our professions. Each of us have seen problems in our professions from web design to photography. Most of the issues we have are more of a trespassing on owner's rights or trademark infringement. It is difficult sometimes being a student and getting the things we need as a student in our projects without stepping on some toes. Legal issues have a funny way of presenting themselves at the wrong times. If they were the right times they would not end up being issues, and we would not have to take a class to learn about what is right and what is wrong in this type of business.
Legal Authority
" Patent attorneys must be licensed to practice law and also be licensed by the USPTO to practice before it." Patent, Copyright and Trademark by Atorney Richard Stim,page 104. I found that the project that we had to find a lawyer really difficult. Lawyers on the most part do not want to talk to you about anything without a retainer fee or they just do not have time. My first search was from my list of lawyers in which I made a blog of earlier, and they all were busy mostly because of the Thanksgiving holiday season. My first call was to Skinner, Watson, and Rounds, P.C. Law Firm. I spoke with someone, maybe a patent agent, left a message with her and no one called me back. "Patent Agents are non attorneys with technical training, who are legally permitted to draft, file, and prosecute patent applications on behalf of inventors." Patent, Copyright and Trademark by Atorney Richard Stim,page 102. I called again, explained that I was a Web Design professional and need some questions answered and would like to speak to someone briefly. Skinner, Watson and Rounds neglected to call me back.
Being already frustrated with this entire project, I called everyone on my list. The firm that finally spoke to me was John Peter Lee LTD. I spoke to a lady explained to her the difficulties that I was having getting my questions answered. I also explained to the assistant that I was a student in search of some questions answered. The administrative assistant of this firm, immediately patched me through to a lawyer that would answer all of my questions. The lawyer's name was Yvette Freidman.
Yvette got on the phone and I was a bit nervous to speak with her about what I needed , being shot down by most of the lawyers that I had spoken with previously. I introduced myself and explained to her that I have a project for school in my Copyright, Patents and Trademarks class. Yvette asked me how I was patched through to her. Already my heart sank, thinking " Ok, here it comes, she is not going to help me." I explained to her that I found the firm's name and number under Intellectual Property on the internet and would be very grateful if she could help me as no one else has. Yvette then said, " Ok, Let's get started." With a big smile on my face, I began to roll out the questions that I had.
Being already frustrated with this entire project, I called everyone on my list. The firm that finally spoke to me was John Peter Lee LTD. I spoke to a lady explained to her the difficulties that I was having getting my questions answered. I also explained to the assistant that I was a student in search of some questions answered. The administrative assistant of this firm, immediately patched me through to a lawyer that would answer all of my questions. The lawyer's name was Yvette Freidman.
Yvette got on the phone and I was a bit nervous to speak with her about what I needed , being shot down by most of the lawyers that I had spoken with previously. I introduced myself and explained to her that I have a project for school in my Copyright, Patents and Trademarks class. Yvette asked me how I was patched through to her. Already my heart sank, thinking " Ok, here it comes, she is not going to help me." I explained to her that I found the firm's name and number under Intellectual Property on the internet and would be very grateful if she could help me as no one else has. Yvette then said, " Ok, Let's get started." With a big smile on my face, I began to roll out the questions that I had.
Thursday, December 9, 2010
Week 10 EOC: Robert Kerns vs. Erin Brokovich
Erin Brokovich was a concerned homemaker that had no job that needed a job to take care of her family. It seemed that Bob Kerns really had no interest in taking care of his it seemed he was more interested in his own glory. Whether it be true or not he did not take into consideration how this would affect his family. Erin Brokovich seemed like she was trying to make the world a better place. The case in EB was life threatening, the other case was not. She went up against a major power company for leaking poisonous substance into the water.
Robert Kerns went up against the Ford Corporation for stealing his windshield wiper idea. He kept saying it’s not about the money when he was in court when he was battling his family for understanding. They fought with him for quite some time from him going into the mental institution his divorce and all of the other tragedies that came into play before the trial twenty years that he had been fighting this corporation, Finally winning against Ford and many other car companies for infringing on his patents which they had originally said were null and void.
Erin ran into an issue when she started to investigate problems with a water companies not cleaning or having too much of a substance in the drinking water of her clients that were causing issues with her clients health even some deaths. At first she was working for a very tiny law firm of a man that she seemed to like and dislike all at once. She started investigating a case that seemed to have been closed. Not being a lawyer herself she turned to her friend for help and they started this big battle with a corporation that were trying to hide their tracks much like the Ford company did with Bob Kearns.
Robert Kerns went up against the Ford Corporation for stealing his windshield wiper idea. He kept saying it’s not about the money when he was in court when he was battling his family for understanding. They fought with him for quite some time from him going into the mental institution his divorce and all of the other tragedies that came into play before the trial twenty years that he had been fighting this corporation, Finally winning against Ford and many other car companies for infringing on his patents which they had originally said were null and void.
Erin ran into an issue when she started to investigate problems with a water companies not cleaning or having too much of a substance in the drinking water of her clients that were causing issues with her clients health even some deaths. At first she was working for a very tiny law firm of a man that she seemed to like and dislike all at once. She started investigating a case that seemed to have been closed. Not being a lawyer herself she turned to her friend for help and they started this big battle with a corporation that were trying to hide their tracks much like the Ford company did with Bob Kearns.
Week 10 BOC: Lawyer Jokes
Joke #1:
“I’m beginning to think that my lawyer is too interested in making money.”
“Why do you say that?”
“Listen to this from his bill: ‘For waking up at night and thinking about your case: $25′.”
Joke #2:
How many lawyers does it take to change a light bulb?
Fifty four. Eight to argue, one to get a continuance, one to object, one to demur, two to research precedents, one to dictate a letter, one to stipulate, five to turn in their time cards, one to depose, one to write interrogatories, two to settle, one to order a secretary to change the bulb, and twenty-eight to bill for professional services.
Joke #3:
How can you tell when a lawyer is lying?
His lips are moving.
Jokes #1-3: http://www.lawyer-jokes.us/
Joke #4:
A new client had just come in to see a famous lawyer.
"Can you tell me how much you charge?", said the client.
"Of course", the lawyer replied, "I charge $200 to answer three questions!"
"Well that's a bit steep, isn't it?"
"Yes it is", said the lawyer, "And what's your third question?"
Joke # 4: http://brainden.com/lawyer-jokes.htm
Joke #5:http://www.best-funny-jokes.com/lawyer-jokes-6678
An old man was critically ill. Feeling that death was near, he called his lawyer. "I want to become a lawyer. How much is it or the express degree you told me about?" "It's $50,000," the lawyer said. "But why? You'll be dead soon, why do you want to become a lawyer?" "That's my business! Get me the course!" Four days later, the old man got his law degree. His lawyer was at his bedside, making sure his bill would be paid. Suddenly the old man was racked with fits of coughing and it was clear that this would be the end. Still curious, the lawyer leaned over and said, "please, before it's too late, tell me why you wanted to to get a law degree so badly before you died?" In a faint whisper, as he breathed his last, the old man said, "One less lawyer . . ."
“I’m beginning to think that my lawyer is too interested in making money.”
“Why do you say that?”
“Listen to this from his bill: ‘For waking up at night and thinking about your case: $25′.”
Joke #2:
How many lawyers does it take to change a light bulb?
Fifty four. Eight to argue, one to get a continuance, one to object, one to demur, two to research precedents, one to dictate a letter, one to stipulate, five to turn in their time cards, one to depose, one to write interrogatories, two to settle, one to order a secretary to change the bulb, and twenty-eight to bill for professional services.
Joke #3:
How can you tell when a lawyer is lying?
His lips are moving.
Jokes #1-3: http://www.lawyer-jokes.us/
Joke #4:
A new client had just come in to see a famous lawyer.
"Can you tell me how much you charge?", said the client.
"Of course", the lawyer replied, "I charge $200 to answer three questions!"
"Well that's a bit steep, isn't it?"
"Yes it is", said the lawyer, "And what's your third question?"
Joke # 4: http://brainden.com/lawyer-jokes.htm
Joke #5:http://www.best-funny-jokes.com/lawyer-jokes-6678
An old man was critically ill. Feeling that death was near, he called his lawyer. "I want to become a lawyer. How much is it or the express degree you told me about?" "It's $50,000," the lawyer said. "But why? You'll be dead soon, why do you want to become a lawyer?" "That's my business! Get me the course!" Four days later, the old man got his law degree. His lawyer was at his bedside, making sure his bill would be paid. Suddenly the old man was racked with fits of coughing and it was clear that this would be the end. Still curious, the lawyer leaned over and said, "please, before it's too late, tell me why you wanted to to get a law degree so badly before you died?" In a faint whisper, as he breathed his last, the old man said, "One less lawyer . . ."
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