Lopez-Estrada, Saul E. http://psyphergames.blogspot.com/
This is my own blog, because of this I don’t need to read it to know that I met the requirements. I made a big effort to have all 20 quotes. I think I was one of only a handful of students to actually get 20 quotes in their final project. This is why I weigh this highly in the overall standing. It may be a bit arrogant to place myself at the top, but I feel I did a great job with my final project.
Alberto, Kristine M. http://kristinealberto.blogspot.com/
Kristine’s blog was very well put together. The word count for her final project well exceeded the minimum amount, almost to the point of being too much, but it kept me engaged long enough to read without becoming boring.
Diamond, Vivian http://graphicdiamond.blogspot.com/
Vivian only had 14 quotes in her final project. This was just shy of the required amount, for that reason she moves down this list slightly. Other than that she did a great job. The word count is there and the narrative conveys a strong sense of presence and voice. It was easy to identify the quotes due to the text being red versus the standard white text of the rest of her blog.
Jones, C. J. http://calf-boutique.blogspot.com/
C.J. finds herself closer to the top of my list for the final project. If only for the fact that she attempted to make the quotes fit her written composition. I hold the quotes in high regard on this project due to the difficulty it was in finding something relevant from the book. I had trouble with it, so when I see a student make the effort and get it right it pleases me. She also gets kudos for formatting the quotes well enough for me to find with ease. Her questions were also very clearly written.
Oya, Korsyca Ln http://digitalworldbeyond.blogspot.com/
Korsyca’s blog was very well written. It was a pleasure to read, but difficult to identify the quotes. She formatted her questions in a manner that I appreciate and allow for interpretation and argument of the law. For this Korsyca earns a part in the top half of my list.
Nolan, Stanley S. http://exquisiteinteriors.blogspot.com/
Stanley earned a spot in the middle of the list, toward the top, because she met the requirements, but the formatting was off. She included 15 quotes, maybe more, but I had a hard time identifying them because they were very well blended into the main body of the text. I do appreciate she had all her labels in place and the questions were formatted clearly so I could read them and interpret her thought process on my own.
Mukaya, Adam http://studio504architects.blogspot.com/
Adam earns a spot near the middle of the pile, but closer to the top. He was one of my group members, so I know the types of questions he asked his attorney. This, however, doesn’t serve anyone else that was not a member of the group. The questions are not explicitly formatted for ease of reading. Also, his quotes were oddly formatted. Some of the words were a black font that was easily identifiable against the body of the main text. The problem I had is that he only used that formatting on a few words, instead of the entire quote. I wish I could have had him closer to the top of the pile.
Rodriguez-Delgado, Leslie http://themoment-prodz.blogspot.com/
Leslie’s blog didn’t have quite as many quotes as I would have liked to see, but the quotes that were there and formatted in such a way that they were easy to identify and read. They were also relevant.
Cassaro, Christina R. http://voiceweek1.blogspot.com/
Christina’s blog was interesting to read due to the fact that it’s very obvious it is her blog. Her voice and presence combine to make it as if she were right in front of me speaking aloud. As for the final project, I would have liked to see more. It seems she ran short on time with finding an attorney and ultimately it worked against her. The answers to the questions don’t appear to come from an attorney due to the lack of legalese. She also only had a handful of quotes instead of the required 20.
Calesing, Katherine Gaerlan http://katherinecalesinganimation.blogspot.com/
Katherine was part of my group when we were developing the questions. So her questions were very similar to mine. Unfortunately she didn’t supply the 20 quotes that were asked of the assignment, so I have no choice but to place her somewhere in the middle of the pile. I did, however, get a strong sense of her presence in her writing and for that she earns a bit more kudos from me.
Chester, Lonnie O. http://gnosisindustries.blogspot.com/
I would have wanted to place Lonnie higher on this list. I rather enjoyed reading his blog, because of his writing style. It was very engaging and kept me interested in reading more. Unfortunately he didn’t format his questions well, so I had a hard time identifying them. That fact actually turned me off to his blog. I didn’t read that specific post because it was frustrating. Also, I didn’t see any quotes. If he did put some quotes he should have changed the color of the text.
Fernandez, Joanne http://joannefernandez.blogspot.com/
Joanne’s blog was a little short on the word count. Reading it I had a hard time identifying the quotes that were used. I don’t know if there were 20 quotes or not, because they are not formatted differently from the standard text in the blog. Trying to figure this out while staring at white text on a dark gray background causes my eyes to strain and it turned me off from reading the blog altogether.
Klatsky, Rebekah Anne http://rebekahklatsky.blogspot.com/
Rebekah’s blog was slightly confusing to me. I know the subject matter for the class is Intellectual Property law, but some of her questions seemed to be more familiar to marriage law. I don’t know why she opted to ask those types of questions. For this reason she gets moved closer to the bottom of this list. Also, her quotes were formatted in such a way that they were hard to identify and read. This is important to me so that I can see how relevant they are.
Fernandez, Ryan Louis http://rtypemedia.blogspot.com/
Ryan is closer to the bottom of the list for a couple of reasons. First of all, his quotes were all but non-existent. I think I probably spotted 4 or 5, but the formatting was so similar to the regular text that I had a hard time finding and counting them. I know how hard it was to find a way to match a quote to the body of the text we were all writing for our final project. When a student doesn’t even put the effort to meet the 20 quote mark then it just turns me off. The other reason he’s closer to the bottom of the list is that the questions weren’t formatted properly either. I would have liked to read each question clearly, with an opportunity to reflect on the reason why he would have asked such a question. Instead he described why the questions mattered. I think he may have misinterpreted the project requirements.
Reaze, Shantay http://fashionandlaw.blogspot.com/
I was very disappointed with Shantay’s final project. It was well below standard as she didn’t post all 5 blog entries. She also did not include an ample amount of quotes. It saddens me to see my friend do so poorly on this assignment. I know how much it’s worth and I wish to see her excel, but I cannot grant credit where it is not earned. Sorry ‘Tay! I still love you friend!
Crissman, Jake Albert http://crissmanj.blogspot.com/
Jake was instantly moved down below the majority of the class with regards to his final project. The reason is his lack of labels. Without labels it makes it more difficult for us to find the final project and read it. This is something that we all knew we needed at the beginning of class. Upon further reading of his final project I realize that it was only half done. Some posts are non-existent while others are only half complete. Also, his quotes are so awkwardly formatted that they are difficult to identify and actually hurt his written composition. It would have helped him greatly to change the color of the quotes instead of simply making them bold.
Armellino, Stephen Joesph http://crimsonfists711.blogspot.com/
Stephen’s blog earned a spot near the bottom of the pile due to the fact that his labels were missing. I know it was a requirement that we all should have had done by no later than week two. Upon further investigation it turns out he didn’t even do his final project. The only blog post for his final project is the first one, about finding the lawyer, and even that one is only about 1 sentence.
Friday, September 24, 2010
Weel 11: Final Evaluation
Here I am. I’ve reached the end of the quarter and I can walk out of this classroom with my head held high. This class presented to me a number of unique challenges which I must admit I did not anticipate. Most of the reading and writing was familiar to me. I’m a studious person so I can read and be prepared for most exams or any writing assignments that will be asked of me. The difficulty for me came with the introduction and maintenance of twitter. I am not the type of person who tweets on a regular basis. This class required me to tweet every single day. There would be days that I would sometimes completely forget to do that. As an individual it’s not difficult for me to have an opinion and voice that opinion. The difficulty is with remembering to visit an online portal and typing 140 words.
Aside from that I feel I performed well and met the requirements of the class. During class time I would participate and ask questions which I felt were not only relevant to my chosen career path, but also questions that could be potentially helpful to other students. Something I know about people is they don’t know how to ask questions, they may lack the courage to ask, or they could merely be too nervous to word the question in a manner that would return to them the answer that would most benefit them. I see myself as the type of student who tries not only for himself, but for others as well. I know I don’t deserve full credit for the quarter, but I feel I did my best. The grade I feel I deserve for this class is an A-.
Aside from that I feel I performed well and met the requirements of the class. During class time I would participate and ask questions which I felt were not only relevant to my chosen career path, but also questions that could be potentially helpful to other students. Something I know about people is they don’t know how to ask questions, they may lack the courage to ask, or they could merely be too nervous to word the question in a manner that would return to them the answer that would most benefit them. I see myself as the type of student who tries not only for himself, but for others as well. I know I don’t deserve full credit for the quarter, but I feel I did my best. The grade I feel I deserve for this class is an A-.
Friday, September 17, 2010
Week 10 EOC: Robert Kearns
The movie Flash of Genius depicts the struggle that Robert Kearns went through with his battle against the Ford and Chrystler motor companies. The motor companies infringed on his patent rights when they started releasing models featuring the intermitent windshield wiper, which he invented.
The battle against the big corporations took almost 2 decades and cost him more than his time. His wife left him and his children distanced themselves from him. Is losing your family worth 30 million dollars? That depends entirely on the individual. I don't have my own children and I'm not married, so the only family I have is my mother and sister. Would I sacrifice them for 30 million dollars? No.
Certain crusades are too costly.
The battle against the big corporations took almost 2 decades and cost him more than his time. His wife left him and his children distanced themselves from him. Is losing your family worth 30 million dollars? That depends entirely on the individual. I don't have my own children and I'm not married, so the only family I have is my mother and sister. Would I sacrifice them for 30 million dollars? No.
Certain crusades are too costly.
BOC Week 10: Lawyer Jokes
The following jokes can be found at http://www.lawyer-jokes.us/
Joke #1:
A golfer hooked his tee shot over a hill and onto the next fairway. Walking toward his ball, he saw a man lying on the ground, groaning with pain.
“I’m an attorney,” the wincing man said, “and this is going to cost you $5000.”
“I’m sorry, I’m really sorry,” the concerned golfer replied. “But I did yell ‘fore’.”
“I’ll take it,” the attorney said.
Joke #2:
How do you tell if it is REALLY cold outside?
A lawyer has his hands in his own pockets
Joke #3:
What do you have when a lawyer is buried up to his neck in sand?
Not enough sand.
Joke #4:
NASA was interviewing professionals to be sent to Mars. Only one could go — and couldn’t return to Earth.
The first applicant, an engineer, was asked how much he wanted to be paid for going. “A million dollars,” he answered, “because I want to donate it to M.I.T.”
The next applicant, a doctor, was asked the same question. He asked for $2 million. “I want to give a million to my family,” he explained, “and leave the other million for the advancement of medical research.”
The last applicant was a lawyer. When asked how much money he wanted, he whispered in the interviewer’s ear, “Three million dollars.”
“Why so much more than the others?” asked the interviewer.
The lawyer replied, “If you give me $3 million, I’ll give you $1 million, I’ll keep $1 million, and we’ll send the engineer to Mars.”
Joke #1:
A golfer hooked his tee shot over a hill and onto the next fairway. Walking toward his ball, he saw a man lying on the ground, groaning with pain.
“I’m an attorney,” the wincing man said, “and this is going to cost you $5000.”
“I’m sorry, I’m really sorry,” the concerned golfer replied. “But I did yell ‘fore’.”
“I’ll take it,” the attorney said.
Joke #2:
How do you tell if it is REALLY cold outside?
A lawyer has his hands in his own pockets
Joke #3:
What do you have when a lawyer is buried up to his neck in sand?
Not enough sand.
Joke #4:
NASA was interviewing professionals to be sent to Mars. Only one could go — and couldn’t return to Earth.
The first applicant, an engineer, was asked how much he wanted to be paid for going. “A million dollars,” he answered, “because I want to donate it to M.I.T.”
The next applicant, a doctor, was asked the same question. He asked for $2 million. “I want to give a million to my family,” he explained, “and leave the other million for the advancement of medical research.”
The last applicant was a lawyer. When asked how much money he wanted, he whispered in the interviewer’s ear, “Three million dollars.”
“Why so much more than the others?” asked the interviewer.
The lawyer replied, “If you give me $3 million, I’ll give you $1 million, I’ll keep $1 million, and we’ll send the engineer to Mars.”
Friday, September 10, 2010
Week 9: First Amendment & The News
Today I was asked to write a 300 word blog about how I interpret the recent announced plans by Rev. Terry Jones to burn the Koran on September 11, 2010. The general idea is that doing so will put American lives in jeopardy in Muslim countries. Logically, it makes sense to believe this. This action could give Muslim extremists something to use as fuel to enflame their Jihad. Does the first amendment protect someone if they choose to do this? Can Rev. Terry Jones be arrested for inciting further hatred for the U.S. in other countries? I don’t believe this singular act could cause such damage alone, but Terry Jones won’t be alone. He will be accompanied by his congregation and the footage of this action will be recorded and distributed throughout Muslim countries, there is no doubt about it. This poses a new question; is upholding the first amendment worth risking American lives? I wonder what a soldier would say about it. After all, it is them who are putting their lives on the line to protect our freedoms; including the freedom of speech. A person could argue that to be an American patriot, one would need to embrace the risks of true freedom. I think there should always be a balance, that some things should not come to pass. I know that many people have been upset by the idea of a mosque being built at ground zero; the place where the two towers of the world trade center once stood. It makes sense to be sensitive to this concept as it was a group of Muslim extremists who killed all those innocent people when the 9/11 attacks happened. But burning a Koran as a religious statement will not bring any of those people back. It will not help to cultivate diplomacy in Muslim countries. To be quite frank, there is absolutely nothing to be gained from burning the Koran.
5. Your own argument and opinions:
It’s difficult for me to have any argument against a real attorney. I thought I knew the answers to my questions, but I was surprised by some of the responses. I, however, definitely have opinions. I understand that the law is not always black and white. That sometimes, certain variables will come into play and change the complexion of a claim or lawsuit. This further reinforces the importance of paying attention details, especially when the smallest detail can change the course of a court case.
In the end I know that I will almost always only be dealing with a Trademark
"A trademark is a distinctive word, phrase, logo, graphic symbol, or other device that is used to identify the source of a product or service and to distinguish it from competitors.." Patent, Copyright & Trademark; Richard Stim, page 366
or Copyright.
"A copyright consists of a bundle of rights held by the author or developer of an original work of authorship. The term 'copyright' applies both to the entire bundle of rights and to any individual right or part of an individual right." Patent, Copyright & Trademark; Richard Stim, page 219
I don't expect that I'll ever need an attorney to help with a Patent, but then again who knows if I may have a flash of genius and actually invent something innovative.
"A patent is a grant by the U.S. Patent and Trademark Office that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of an invention." Patent, Copyright & Trademark; Richard Stim, page 16
In the end I know that I will almost always only be dealing with a Trademark
"A trademark is a distinctive word, phrase, logo, graphic symbol, or other device that is used to identify the source of a product or service and to distinguish it from competitors.." Patent, Copyright & Trademark; Richard Stim, page 366
or Copyright.
"A copyright consists of a bundle of rights held by the author or developer of an original work of authorship. The term 'copyright' applies both to the entire bundle of rights and to any individual right or part of an individual right." Patent, Copyright & Trademark; Richard Stim, page 219
I don't expect that I'll ever need an attorney to help with a Patent, but then again who knows if I may have a flash of genius and actually invent something innovative.
"A patent is a grant by the U.S. Patent and Trademark Office that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of an invention." Patent, Copyright & Trademark; Richard Stim, page 16
4. Rule of law:
My attorney didn’t quote precedents. He did not give examples of other court cases. I didn’t expect him to as this wasn’t a court room and all I was really seeking from him were answers to some general questions. I do, however, understand the importance of precedents.
"Intellectual property laws, along with court decisions and regulations, establish rules for..." Patent, Copyright & Trademark; Richard Stim, page 5
Ultimately, my goal was to evaluate his responses and get a “feel” for the type of attorney he was. He was very confident and didn’t assume I was guilty of any infringing, even when I asked questions that hinted at such action. Furthermore, even if I was guilty of infringing there is nothing to stop me from doing so.
"Intellectual property laws don't prevent someone from stepping on the owner's rights. But the laws do give an owner the ammunition to take a trespasser to court." Patent, Copyright & Trademark; Richard Stim, page 5
"Intellectual property laws, along with court decisions and regulations, establish rules for..." Patent, Copyright & Trademark; Richard Stim, page 5
Ultimately, my goal was to evaluate his responses and get a “feel” for the type of attorney he was. He was very confident and didn’t assume I was guilty of any infringing, even when I asked questions that hinted at such action. Furthermore, even if I was guilty of infringing there is nothing to stop me from doing so.
"Intellectual property laws don't prevent someone from stepping on the owner's rights. But the laws do give an owner the ammunition to take a trespasser to court." Patent, Copyright & Trademark; Richard Stim, page 5
3. Reasoning of the Law
The answers to my questions were concise and specific. I did notice a pattern with some answers however. My attorney would answer “that depends” and then describe a range of scenarios that would change the ruling.
"In addition to separately licensing basic copyright rights, a copyright owner can separately license subparts of each right." Patent, Copyright & Trademark; Richard Stim, page 227
An example is when I asked about what recourse I had if I created some artwork and wasn’t paid for it. The first part of his response was questions of his own. He asked if I was an employee of a company. He then continued to assume that I am a subcontractor and as such I own all the copyrights to anything I create, unless I sign an agreement which grants those copyrights to someone else.
"Unless the original developer transfers all of the five exclusive rights set out above to one or more parties, that original developer is still considered by the U.S. Copyright Office to be the copyright owner." Patent, Copyright & Trademark; Richard Stim, page 227
This was very enlightening. I had no idea I owned the copyrights. This means I can move forward and get copyright registrations for these creative works. He also stated that regardless of who owns the copyright; if I am not paid I can sue for breach of contract based on failure to pay.
Another thing I found interesting was the term “intellectual property.” I now see that my attorney isn’t just a copyright attorney. The fact that he is an intellectual property attorney means that he deals with patent rights, trademark rights, trade secret rights, copyrights, and fair competition rights. I knew there was more to the creative industry than just copyrights, but I had no idea it could be this complex.
"Intellectual property law consists of several separate and overlapping legal disciplines, each with their own characteristics and terminology." Patent, Copyright & Trademark; Richard Stim, page 5
One very important question I asked regarded the use of pirated software. I won’t name any names, but I know for a fact that most students use pirated software while they attend school.
"The Computer Software Protection Act of 1980 defines archival copies as copies of software made by a software owner strictly for backup purposes - tat is, to use if something happens to the original copy..." Patent, Copyright & Trademark; Richard Stim, page 202
The fact that Adobe Creative Suite Master Collection has an initial start up cost of over $2,500 means that a “starving student” won’t generally be able to afford it. This motivates them to use pirated software. I my attorney asked if I was liable to any legal action for the use of pirated software in free lance designs. He said he was slightly confused by the question and continued to elaborate on what could probably happen. He basically said that as long as I wasn’t copying the software and distributing it to others I would probably only be liable for paying the licensing fee. On the other hand, if I was distributing it, I could probably be liable for hundreds of thousands of dollars in legal damages.
"...But if the purchaser sells or gives away the original software to a new owner, all archival copies must either be included in the transfer or destroyed. The intention is to prevent two or more people from legally possessing copies of a program that has only been purchased from the copyright owner once." Patent, Copyright & Trademark; Richard Stim, page 202
"In addition to separately licensing basic copyright rights, a copyright owner can separately license subparts of each right." Patent, Copyright & Trademark; Richard Stim, page 227
An example is when I asked about what recourse I had if I created some artwork and wasn’t paid for it. The first part of his response was questions of his own. He asked if I was an employee of a company. He then continued to assume that I am a subcontractor and as such I own all the copyrights to anything I create, unless I sign an agreement which grants those copyrights to someone else.
"Unless the original developer transfers all of the five exclusive rights set out above to one or more parties, that original developer is still considered by the U.S. Copyright Office to be the copyright owner." Patent, Copyright & Trademark; Richard Stim, page 227
This was very enlightening. I had no idea I owned the copyrights. This means I can move forward and get copyright registrations for these creative works. He also stated that regardless of who owns the copyright; if I am not paid I can sue for breach of contract based on failure to pay.
Another thing I found interesting was the term “intellectual property.” I now see that my attorney isn’t just a copyright attorney. The fact that he is an intellectual property attorney means that he deals with patent rights, trademark rights, trade secret rights, copyrights, and fair competition rights. I knew there was more to the creative industry than just copyrights, but I had no idea it could be this complex.
"Intellectual property law consists of several separate and overlapping legal disciplines, each with their own characteristics and terminology." Patent, Copyright & Trademark; Richard Stim, page 5
One very important question I asked regarded the use of pirated software. I won’t name any names, but I know for a fact that most students use pirated software while they attend school.
"The Computer Software Protection Act of 1980 defines archival copies as copies of software made by a software owner strictly for backup purposes - tat is, to use if something happens to the original copy..." Patent, Copyright & Trademark; Richard Stim, page 202
The fact that Adobe Creative Suite Master Collection has an initial start up cost of over $2,500 means that a “starving student” won’t generally be able to afford it. This motivates them to use pirated software. I my attorney asked if I was liable to any legal action for the use of pirated software in free lance designs. He said he was slightly confused by the question and continued to elaborate on what could probably happen. He basically said that as long as I wasn’t copying the software and distributing it to others I would probably only be liable for paying the licensing fee. On the other hand, if I was distributing it, I could probably be liable for hundreds of thousands of dollars in legal damages.
"...But if the purchaser sells or gives away the original software to a new owner, all archival copies must either be included in the transfer or destroyed. The intention is to prevent two or more people from legally possessing copies of a program that has only been purchased from the copyright owner once." Patent, Copyright & Trademark; Richard Stim, page 202
2. The Questions:
Below are the questions that I asked my Intellectual Property attorney, Jonathan W. Fountain. These questions are important to me as they pertain to my course of study and also the type of free lance work that I do outside of class. Some of them are hypothetical, but others are actual events that have occurred or are currently occurring to me in the professional world.
1. I was recently hired as a sub-contractor. The company asked me to sign a no-compete agreement. What is a no-compete agreement?
"...this is legalese for a written promise by an employee not to compete with his or her employer, or take employment with a competing business, for a specified length of time after the employer-employee relationship ends." Patent, Copyright & Trademark; Richard Stim, page 520
2. If I create artwork that I’m paid for using illegal, pirated software. What kind of penalties will I be facing?
"A copyright may protect a program's literal expression and perhaps it's structure, sequence, and orginization... In addition, a copyright owner can only stop someone who has copied the software." Patent, Copyright & Trademark; Richard Stim, page 223
3. If I do some free lance work using school equipment, do I need to notify the school of the project?
"A copyright claimant is the party considered to be the basic owner of the copyright in a work being registered with the U.S. Copyright Office. The copyright claimant may be any of the following: the actual author of the work, an employer..." Patent, Copyright & Trademark; Richard Stim, page 223
4. If I do free lance work using school equipment, is the school entitled to any compensation?
"Under the Copyright Act of 1976, the term 'copyright owner' has two distinct meanings.
First, it refers to the person or entitty who is listed as the owner of the U.S. Copyright Office and on any notice attached to the copyrighted work. This is either the original author or developer or a person or entity whom all rights under the copyright have been transferred.
Second, 'copyright owner' also refers to a person or entity who owns one or more of the five exclusive rights that make up the whole copyright, and who therefore has a right to sue infringers of that right." Patent, Copyright & Trademark; Richard Stim, page 226
5. Can I protect multiple intellectual properties under one single copyright?
"Intellectual property refers to products of the human intellect that have commercial value and that receive legal protection." Patent, Copyright & Trademark; Richard Stim, page 4
6. What rights, if any, do I retain when using company software?
"A copyright license is a method by which the owner of a copyright gives permission for another to use or copy an original work of authorship. Because the essence of a copyright is the exclusive right to make copies, in order to comemercially exploit the product, a copyright owner often needs to pass this and associated rights to a publisher or distributor." Patent, Copyright & Trademark; Richard Stim, page 265
7. If I create a design, but am not paid for it, what recourse do I have?
"Breach of contract is the failure of a party to fulfill the provisions or conditions contained in a contract in which he is a party. Eg. Failure to complete the job agreed in time. Failure to pay in time." www.legal-explanations.com
8. If someone steals my intellectual property how do I establish ownership?
"Once a copyright owner suspects infringement, the owner may file a lawsuit against the infringer for damages in federal court, provided that a copyright has been registered with the U.S. Copyright Office." Patent, Copyright & Trademark; Richard Stim, page 224
9. If my employer gives me specific guidelines for a design, but those guidelines infringe on another IP, am I liable for it?
"A lawsuit brought against someone who uses a copyrighted expression without permission is commonly known as an infringement action." Patent, Copyright & Trademark; Richard Stim, page 257
10. If I am fired from a job, can I get in trouble for keeping in touch with clients I worked with during my time at the company?
"Companies are often very eager to protect their customer lists with nondisclosure agreements, particularly when a former employee might use a customer list to contact clients. If a dispute over a customer list ends up in court, a judge generally consideres the following elements to decide whether or not a customer list qualifies as a trade secret..." Patent, Copyright & Trademark; Richard Stim, page 522
1. I was recently hired as a sub-contractor. The company asked me to sign a no-compete agreement. What is a no-compete agreement?
"...this is legalese for a written promise by an employee not to compete with his or her employer, or take employment with a competing business, for a specified length of time after the employer-employee relationship ends." Patent, Copyright & Trademark; Richard Stim, page 520
2. If I create artwork that I’m paid for using illegal, pirated software. What kind of penalties will I be facing?
"A copyright may protect a program's literal expression and perhaps it's structure, sequence, and orginization... In addition, a copyright owner can only stop someone who has copied the software." Patent, Copyright & Trademark; Richard Stim, page 223
3. If I do some free lance work using school equipment, do I need to notify the school of the project?
"A copyright claimant is the party considered to be the basic owner of the copyright in a work being registered with the U.S. Copyright Office. The copyright claimant may be any of the following: the actual author of the work, an employer..." Patent, Copyright & Trademark; Richard Stim, page 223
4. If I do free lance work using school equipment, is the school entitled to any compensation?
"Under the Copyright Act of 1976, the term 'copyright owner' has two distinct meanings.
First, it refers to the person or entitty who is listed as the owner of the U.S. Copyright Office and on any notice attached to the copyrighted work. This is either the original author or developer or a person or entity whom all rights under the copyright have been transferred.
Second, 'copyright owner' also refers to a person or entity who owns one or more of the five exclusive rights that make up the whole copyright, and who therefore has a right to sue infringers of that right." Patent, Copyright & Trademark; Richard Stim, page 226
5. Can I protect multiple intellectual properties under one single copyright?
"Intellectual property refers to products of the human intellect that have commercial value and that receive legal protection." Patent, Copyright & Trademark; Richard Stim, page 4
6. What rights, if any, do I retain when using company software?
"A copyright license is a method by which the owner of a copyright gives permission for another to use or copy an original work of authorship. Because the essence of a copyright is the exclusive right to make copies, in order to comemercially exploit the product, a copyright owner often needs to pass this and associated rights to a publisher or distributor." Patent, Copyright & Trademark; Richard Stim, page 265
7. If I create a design, but am not paid for it, what recourse do I have?
"Breach of contract is the failure of a party to fulfill the provisions or conditions contained in a contract in which he is a party. Eg. Failure to complete the job agreed in time. Failure to pay in time." www.legal-explanations.com
8. If someone steals my intellectual property how do I establish ownership?
"Once a copyright owner suspects infringement, the owner may file a lawsuit against the infringer for damages in federal court, provided that a copyright has been registered with the U.S. Copyright Office." Patent, Copyright & Trademark; Richard Stim, page 224
9. If my employer gives me specific guidelines for a design, but those guidelines infringe on another IP, am I liable for it?
"A lawsuit brought against someone who uses a copyrighted expression without permission is commonly known as an infringement action." Patent, Copyright & Trademark; Richard Stim, page 257
10. If I am fired from a job, can I get in trouble for keeping in touch with clients I worked with during my time at the company?
"Companies are often very eager to protect their customer lists with nondisclosure agreements, particularly when a former employee might use a customer list to contact clients. If a dispute over a customer list ends up in court, a judge generally consideres the following elements to decide whether or not a customer list qualifies as a trade secret..." Patent, Copyright & Trademark; Richard Stim, page 522
1. Legal Authority:
The final project for contracts and negotiations caught me off guard. I was absent the day that we discussed it so I had a slow start. Finding an attorney was the most difficult part. I spent a couple of hours, spread out over the course of a few days to invest into the effort. The first web search led me to a page directory of attorneys. I called a few, but most of the numbers were no longer active. The fact that this page was displaying out dated contact information deterred me away from continuing to use it. Ultimately, I found my attorney through NOLO. NOLO is the same company that publishes the text book for the class, so I was very excited to have stumbled on their website.
The attorney that I chose was Jonathan W. Fountain with Lewis and Roca Attorneys. I didn’t spend an excessive amount of time comparing attorneys. I actually went with the first one that responded. In the weeks leading up to my initial conversation with the attorney I kept hearing other students talking about how the lawyers they were calling were canceling or flaking on their appointments. I was anticipating the same type of interaction. I was expecting to get blown off by the secretary before even getting to talk to the attorney. Imagine how surprised I was when this wasn’t the case. When I called, a man answered the phone and inquired about my phone call. I explained to him my purpose and he attempted to transfer me to Jonathan’s secretary. The secretary was gone so I was instead transferred to Jonathan’s voice mail system. I left Jonathan a detailed message.
When Jonathan called me back, about 2 hours later, he asked me a few questions. Some of them caught me off guard as they were very specific to specific projects and piece of art that I’ve worked on. It took me a moment to realize that he was researching who I was. I was intrigued that he would actually go to that length to confirm that I am actually a student at the Art Institute of Las Vegas. I was impressed that he asked questions about some of my artwork. That showed me that he understood I am more than just an art student. I am a future client.
The attorney that I chose was Jonathan W. Fountain with Lewis and Roca Attorneys. I didn’t spend an excessive amount of time comparing attorneys. I actually went with the first one that responded. In the weeks leading up to my initial conversation with the attorney I kept hearing other students talking about how the lawyers they were calling were canceling or flaking on their appointments. I was anticipating the same type of interaction. I was expecting to get blown off by the secretary before even getting to talk to the attorney. Imagine how surprised I was when this wasn’t the case. When I called, a man answered the phone and inquired about my phone call. I explained to him my purpose and he attempted to transfer me to Jonathan’s secretary. The secretary was gone so I was instead transferred to Jonathan’s voice mail system. I left Jonathan a detailed message.
When Jonathan called me back, about 2 hours later, he asked me a few questions. Some of them caught me off guard as they were very specific to specific projects and piece of art that I’ve worked on. It took me a moment to realize that he was researching who I was. I was intrigued that he would actually go to that length to confirm that I am actually a student at the Art Institute of Las Vegas. I was impressed that he asked questions about some of my artwork. That showed me that he understood I am more than just an art student. I am a future client.
Friday, September 3, 2010
Week 8 EOC: Legal Questions
1. If I lose inspiration and go online and use someone else’s design, more than I intended to. Will I be safe from a lawsuit if I changed it enough so it isn’t exactly the same? What recourse do I have if the roles are reversed, if my work is the work being stolen?
2. If I’m asked to sign a non-disclosure agreement can I use the skills that I developed in the company to earn money through free lance work?
3. As a designer working for an employer can part of a design, from that company, be considered as a trade secret that I’m prohibited from using any work that was not solicited from within the firm?
4. If I come up with an original idea during employment with a company who owns the rights to it? Myself or the company? Is there any way I can make it my own to sell to others?
5. How much do you charge to read a contract and advise/interpret it for me?
6. Can I protect multiple intellectual properties under one single copyright? Is it better to do this or to copyright each individual component?
7. What rights do I retain when using company software?
8. If I create a design, but am not paid for it, what recourse do I have?
9. If someone steals my intellectual property how do I establish ownership?
10. If my employer gives me specific guidelines for a design, but those guidelines infringe on another IP, am I liable for it?
2. If I’m asked to sign a non-disclosure agreement can I use the skills that I developed in the company to earn money through free lance work?
3. As a designer working for an employer can part of a design, from that company, be considered as a trade secret that I’m prohibited from using any work that was not solicited from within the firm?
4. If I come up with an original idea during employment with a company who owns the rights to it? Myself or the company? Is there any way I can make it my own to sell to others?
5. How much do you charge to read a contract and advise/interpret it for me?
6. Can I protect multiple intellectual properties under one single copyright? Is it better to do this or to copyright each individual component?
7. What rights do I retain when using company software?
8. If I create a design, but am not paid for it, what recourse do I have?
9. If someone steals my intellectual property how do I establish ownership?
10. If my employer gives me specific guidelines for a design, but those guidelines infringe on another IP, am I liable for it?
Friday, August 20, 2010
Week 6: Illicit, What do you think?
Today we watched a National Geographic documentary in my Friday Afternoon class, Contracts & Negotiations. The film was called Illicit and is all about the illegal trade market. In the past I’ve downloaded songs through peer sharing networks or by borrowing friends CD’s and ripping the songs to my computer. I never used to think much about the process until now. As it turns out; every time someone purchases a knock off product or any item of an illicit nature they are contributing to a greater criminal organization. Just the thought that purchasing a fake Rolex helps to fund human trafficking makes me sick. Most people would claim the two transactions are not even related. I was among those people, until today. It makes a lot of sense when you really think about it. Let’s assume an organization wants to smuggle some fake Louis Vuitton hand bags into the United States from China. It is common sense that the organization would need to grease the wheels of the system, maybe bribe some customs officials. Now that the officials are paid off and in play it would be easier for the organization to leverage any prior activity against the official. In essence, the organization would have the official in their pocket. Much as certain drugs are considered “gateway” drugs. The smuggling in of knock off hand bags and designer clothing is a “gateway” event for the organization. After this they can move on to smuggling drugs, then slave labor. That’s not even the worst of it. What if the organization gets an opportunity to smuggle plutonium or the machinery needed to build an Atomic Bomb into the United States? When do we draw the line? If people exist in a constant state of apathy and think that their actions don’t affect the greater populace then they are horribly misinformed. I’ve known plenty a person who believe that voting is a waste of time. They say things like “what will 1 vote matter anyway?” The truth is that type of thought process is contagious. The same can be said for buying illicit brands. It may not seem like a big deal yet, but one day it will. I am glad to say that I do not want to be part of this system. Today was a real eye opener.
Friday, August 6, 2010
Week 4 EOC: 10 Important Vocabulary Terms
1. Patent
2. Patent Infringement
4. Filing Date
5. USPTO
6. Filing Date
7. Issue Fees
8. Allowance
9. Internet Patent
10. Blocking Patent
2. Patent Infringement
4. Filing Date
5. USPTO
6. Filing Date
7. Issue Fees
8. Allowance
9. Internet Patent
10. Blocking Patent
Friday, July 30, 2010
EOC Week Three: Jeopardy
I have never truly been a fan of the television game show Jeopardy. I have anything against it; it just feels somewhat boring to me; reminiscent of the old show M*A*S*H, which I also never really got into. Not to suggest that I avoid watching the show by any means. If someone happens to be watching Jeopardy when I walk into the room I will usually sit down and join in with guessing the answers aloud. I would never be so rude as to ask them to change the channel. At times like these I acquire a vague understanding of the interest surrounding the program. Still, I always believed Jeopardy to be a game show that only grandparents watched. I wonder what types of lives people live that draw them into watching Jeopardy so religiously. In either event I am not one of those people, nor do I intend to be. I am, however, being drawn into a more intimate relationship with the series. Today Mr. Pinto assigned a Jeopardy project for his Contracts, Negotiations and Copyrights class at the Art Institute of Las Vegas. For the project, I need to create a Jeopardy game using the definitions from our book. Everyone has the same project so I am excited to see how many people are choosing the same words, if any. As I flip through my book in search of a definition to use I notice a recurring process in my head. First I ask myself if the definition is too simple; a definition so common that merely using it suggests a non-existent belief that my colleagues are of a lower average intelligence. An example of such a term would be one of the $100 level questions which reads; “paid to the U.S. Patent and Trademark Office when obtaining a patent”; the answer being “Fees”. It seems like common knowledge, but is it? Then there are times when I come a across a term in my book that I myself could not possibly guess. An example of such a term would be one of the $500 level questions which reads; “This organization was created by the General Agreement on Tariffs and Trade(GATT) for the purpose of enforcing the intellectual property and other trade agreements contained in that treaty”; the answer being “World Trade Organization”. So a new process arises in my mind. If the creator of a game cannot even conclude the correct answer to his own game without the text from which it’s derived, how could he expect the other players to? In closing; this project will challenge the way I think and force relationships between terms that I otherwise would never know. It’s a great exercise in learning methodologies.
Friday, July 23, 2010
EOC Week 2: What Do You Think of Lawyers?
In my experience lawyers have been opportunistic people who represent others with the intention of a big pay day. Logically speaking, as an attorney it makes a lot of sense to want the big pay day; law school isn’t cheap. But does that justify the extent some attorneys go to in order to secure their own interests? This thought process brings to the forefront of my mind the film “Law Abiding Citizen.” A fictitious story about a District Attorney who cared more about his conviction rate than the pursuit of justice, that was until the victim of one of the criminals he made a deal with forced him to see the other side of things. I have never needed a defense attorney to mitigate an alleged criminal offense. I have never needed a lawyer to sue someone, though I am considering jumping on board a class action lawsuit against the prescription drug Accutane. My personal experience with lawyers is limited to having an attorney write an intimidating letter to a Magazine company. In this experience I was scammed into signing up for a sweepstakes, which sounded too good to be true. It was too good to be true, in fact. I signed up for 3 magazine subscriptions and soon realized that the rate I was paying was much higher than the newsstand price. I decided to become self righteous and refuse to pay them anymore, but they told me that I signed a contract and if I didn’t pay I would be taken to collections. Sure enough, a few months later, I received a notice from a collection agency. The amount they were claiming I owed them, including an “early termination fee,” was $800. I attempted to settle the issue without the need for a lawyer, but they wouldn’t have any of it. They forced me to seek out the aid of an attorney. The attorney wrote them a letter and no more than a week later I received a notice informing me that all costs were forgiven. The general population may think of lawyers as greedy, evil people, but I know that is not true. Sometimes it’s nice to know a lawyer.
Friday, July 16, 2010
Week 1: EOC About Me
I am a student at the Art Institute of Las Vegas. I am currently enrolled in the Game Art & Design program. Choosing to chase this dream, of working in the video game industry, was almost a no brainer. Playing video games is one of my favorite things to do. As a game designer I will be able to share the worlds of my imagination with others; I will allow them to meet colorful characters and defeat treacherous villains. Computer technology will only continue to become more powerful and affordable. Video games will become more immersive. I have many stories locked away in my mind. As much as I wish I could simply describe the stories to others, I know that just isn’t good enough. Creating worlds that others can manipulate would be a dream come true. I know it will not be easy work. It will be hard work with long hours, but my scholastic career at the Art Institute of Las Vegas will prepare me for it. I approach every project I am assigned at school with the same level or quality that I will commit to my career in the video game industry. If I wish to be successfully I must first train myself in the practice of success.
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