Sal Lopez-Estrada- did a very good job, I know he worked very hard on this and had everything pertaining to his major and what he wanted to really know legally.
Adam Mukaya- all his questions were about his major and what he was interested in. did a great job.
Christina Cassaro- I know I worked really hard on this project. And Pinto already told me I got an A :D
Lonnie Chester- he did a very good job on this. I hear him talk in class and I know he already has knowledge of this kind of stuff and has learned what risks he can or cant take in his field.
Stanley Nolan- researched and tried to find a lawyer but found one in a different field that helped her enough to post a very well educated final project.
Korsyca Ln Oya- well researched and put together for her program. Looks like she got a lot out of it.
Leslie Rodriguez-Delgado- did very well at putting the project together. Her questions go well with her major.
Vivian Diamond- she took a lot of time on this project, research everything, and has written a lot on her field and has given her own opinions on the matter.
Kristine Alberto- she did a good job at putting the project together and making her questions about her major.
John Zullo- has everything in place and did a very good job a using quotes and applying that to his major.
Joanne Fernandez- did a good job at finding quotes and interpreting them into her project.
Ryan Fernandez- asked good questions to the lawyer.
Cj Jones- did a good job but could have completed the questions from the book.
Kathrine Calesing- looked like she was disappointed in how the lawyer situation turned out. My lawyer said ‘depends’ a lot also.
Anne Klatski- tried a little bit but didn’t follow through with everything and I don’t really see how it went with her major.
Shantay Reaze- has some questions and written a little bit but did not complete.
Jake Crissmen- I think he wanted to do it, and has some of it completed but not the whole thing.
Stephen Armellino- did not complete the project at all
Friday, September 24, 2010
Week 11: Final Evaluation
During this class I have learned a lot on how to protect myself and my work that I am going to be producing more of. This class covered so much of the book that we bought and that book was just so useful and full of information to help me through the class and with the final project. Usually I would turn my books back in to the store for cash, but I think that it would be smart if I held onto the book for future reference. The first half of the quarter we learned about patents and how they work. We learned how to file for a patent, how long it takes, and how long you have the rights to that patent before other companies can start making that same type of product. It was very interesting to learn even though I know I will not be using patents really. In my field of graphic design I will be using a lot more of what we learned about for the second half of the quarter, which was trademarks and copyrights. I wrote my final project mainly on copyrights so that I know how to protect my work and not accidently take someone else’s work and get into trouble.
I like the way this class was set up and I liked the final project even though it was very frustrating at times. To go out into the real world, find a lawyer who will take some time to answer some questions of yours just as a person who happened to be a professional in his industry. I like the way that Pinto teaches not just this class, but his other classes too. I know how interesting his other classes can be so it was kind of hard getting used to so much of the text book but it was all good because Pinto made it interesting and gave us real life examples of law suits and cases that have happened in the past with major companies. I know I have learned so much from this class I have worked very hard in this class to complete everything that I could. I think that I deserve an A in this class.
I like the way this class was set up and I liked the final project even though it was very frustrating at times. To go out into the real world, find a lawyer who will take some time to answer some questions of yours just as a person who happened to be a professional in his industry. I like the way that Pinto teaches not just this class, but his other classes too. I know how interesting his other classes can be so it was kind of hard getting used to so much of the text book but it was all good because Pinto made it interesting and gave us real life examples of law suits and cases that have happened in the past with major companies. I know I have learned so much from this class I have worked very hard in this class to complete everything that I could. I think that I deserve an A in this class.
Friday, September 17, 2010
EOC Week 10: Robert Kearns
Hollywood did a very good job at changing the entire emotional setting of the movie. Robert Kearns in the movie was shy almost and was all about his gadgets and wanted his kids to help him and learn what he knows. But in real life he was a miserable man and he lost everything because of this case. He spent around two decades on this case worked himself old to get thirty million dollars and still be lonely and old . he died of cancer in 2005 at the age of 77.
Friday, September 10, 2010
EOC Week 9:First Amendment and the News
i feel like the masque should not be built by ground zero in New York. i understand that it is a religious issue and they have the rights to. but it is just not right to build it so close. september 11 was only 9 years ago. that was not long ago it is still fresh in peoples minds and having this center so close is just not right. they say they are building it to bring people together, and they have already started out in a bad way. if they wanted to bring people in the community together they should have put it somewhere else and started out by going out into the public to see how everyone feels about having it in their community instead of just assuming that it will be okay to build this masque.
5. Your own argument and opinions.
Over the last few weeks in this class, I have worked very hard at completing this project. Calling lawyer after lawyer and getting extremely frustrated with most of them, then finally going to my main source for everything, my dad to help me out. He knows everyone and I knew he would have a lawyer to save the day. I should have went to him first but of course I wanted to do it on my own but in the end it all worked out. Even though I finally found a lawyer to help, he only wanted to help for a few minutes so I had to make the best of what I could with what I have. This class was very helpful and I will be holding on to the book for future review because I know I will be needing it with the designs and work that I will be producing.
4. Rule of law
I thought it was interesting that if I have a series of work I can save myself the trouble and money of copyrighting each one, and just copyright them all under one title. Although if someone wants to use and pay for my art work they can ask me to license one, two, or all of the series to them for their use only. If I find out that they are making money on my design, that is infringement and they have broken the law. As the artist there are exclusive copyright rights that I have access to such as “the entire bundle of rights that a copyright owner is exclusively entitled to exercise under the copyright laws. These rights consist of: the right to reproduce the work, the right to prepare derivative works, the right to distribute copies of the work, the right to perform the work, and the right to display the work.” (P, C, &T pg. 242)
If someone wants to use my design they much have an exclusive license, “which must be in writing, is a valid contract in which a copyright owner authorizes another person or entity to exclusively exercise one of more of the rights that belong to the copyright owner.” (P, C, &T pg. 242) This makes me happy knowing that I can protect everything that I do and control who wants my design and who I say is okay to use my design.
If someone wants to use my design they much have an exclusive license, “which must be in writing, is a valid contract in which a copyright owner authorizes another person or entity to exclusively exercise one of more of the rights that belong to the copyright owner.” (P, C, &T pg. 242) This makes me happy knowing that I can protect everything that I do and control who wants my design and who I say is okay to use my design.
3. Reasoning of the Law
I wish I could have been able to talk with my lawyer a little bit more and really figure out all of my questions. He talked quite a bit about intellectual property which “refers to products of the human intellect that have commercial value that receive legal protection.” (P, C, &T pg. 4) This makes total sense as to why you would try and protect it because you want to make your own money, you don’t want someone else making money off of your idea. Plagiarism will happen, and it is only going to increase because of the internet and well frankly I feel like there aren’t too many things that someone hasn’t come up with already. Coming up with a new completely original design is very difficult, you must some how find out if what you are using has already been used in a different way or even in the same way.
“Copyrights are granted for original creative expressions produced by authors, composers, artist, designers, programmers, and similar creative individuals. Copyright law does not protect ideas ad facts, only the manner in which those ideas and facts express.” (P, C, &T pg. 5)
“Trademark law protects the rights of businesses who use distinctive names, designs, logos, slogans, or other signifiers to identify and distinguish their products and services.” (P, C, &T pg. 5)
“Copyrights are granted for original creative expressions produced by authors, composers, artist, designers, programmers, and similar creative individuals. Copyright law does not protect ideas ad facts, only the manner in which those ideas and facts express.” (P, C, &T pg. 5)
“Trademark law protects the rights of businesses who use distinctive names, designs, logos, slogans, or other signifiers to identify and distinguish their products and services.” (P, C, &T pg. 5)
2. The Questions:
1. If I lose inspiration and go online to help me and I end up using more of a design than I intended, but changed it enough to make it my own can get in trouble for plagiarism?
“You will have to totally make it your own concept and design to be in the clear, even though it is on the web does not mean that it is in the public domain. That design could be copyrighted so you always have to be careful of what you use in your art work.”
2. What if it was my work being taken on the internet, what recourse do I have to claim that it is my own work?
“Protecting your intellectual property has always been a difficult thing to do, and the internet has only complicated things. I hate to say it but if you find something of yours that has been used by someone else, the best thing you can do is get mad and be flattered, because taking any legal actions against this person will probably cost you more than you will gain from the piece itself. But if you have a copyright on it, you can lose that copyright if you don’t act on someone stealing it from you.”
3. If I sign a non-disclosure agreement, can I use the skills I acquired at this job to do free lance work?
“Technically no, but you can always find a way around it. If you can use a trade secret that only that company knows about, then it is going to be a little difficult to hide. But if you use the skills you have already and entwine them with a little bit of theirs but still making it your own. Then you are not in violation on the disclosure agreement.”
4. If I sign a non-compete clause, how do I go about revising that so the company and I can be comfortable with the signed contract?
“That decision has to be made by you. What you could do is, before you sign it, carefully read it, possibly bring it to me and we will look over it together so you know exactly what you are signing. Most people don’t know what they are actually signing, and then they get laid off and can’t work for a year. You can always figure out a way to change it in some way to benefit you.”
5. If I come up with a design on my own, nothing for work, can I copyright it to call it my own, or do I have to tell my company about it because I work for them? Who owns it?
“
6. If I break a copyright law, can I go to jail?
“It depends on how far it has gone, in the first act you have not committed a crime, and you have committed a tort. If the person who has the copyright takes you to court and you still are violating him copyright then you have committed a crime and can pay a hefty fine and maybe jail time.”
7. How much money do you charge to read a contract and give me advise or interpreted it for me?
“I charge by the hour at two hundred and thirty dollars.”
8. If I have a series of designs, is it better to copyright each one individually or should I copyright the whole series?
“You can copyright the series under one title and still have complete control of your work. Someone can ask you to license out only one or two pieces from that series and they will not have access to the other works in that series. At that point you should contact a lawyer to seek help, so you don’t get screwed out of money waiting for you.”
9. If my company gave me specific guidelines to make an advertisement and those guidelines infringe on someone else’s property can I get into trouble?
“The party that claims to a mark may file a lawsuit against another user of the same or similar mar to prevent further use of the mark and collect money damage for the wrongful use.” (P, C, &T pg. 419)
“You will have to totally make it your own concept and design to be in the clear, even though it is on the web does not mean that it is in the public domain. That design could be copyrighted so you always have to be careful of what you use in your art work.”
2. What if it was my work being taken on the internet, what recourse do I have to claim that it is my own work?
“Protecting your intellectual property has always been a difficult thing to do, and the internet has only complicated things. I hate to say it but if you find something of yours that has been used by someone else, the best thing you can do is get mad and be flattered, because taking any legal actions against this person will probably cost you more than you will gain from the piece itself. But if you have a copyright on it, you can lose that copyright if you don’t act on someone stealing it from you.”
3. If I sign a non-disclosure agreement, can I use the skills I acquired at this job to do free lance work?
“Technically no, but you can always find a way around it. If you can use a trade secret that only that company knows about, then it is going to be a little difficult to hide. But if you use the skills you have already and entwine them with a little bit of theirs but still making it your own. Then you are not in violation on the disclosure agreement.”
4. If I sign a non-compete clause, how do I go about revising that so the company and I can be comfortable with the signed contract?
“That decision has to be made by you. What you could do is, before you sign it, carefully read it, possibly bring it to me and we will look over it together so you know exactly what you are signing. Most people don’t know what they are actually signing, and then they get laid off and can’t work for a year. You can always figure out a way to change it in some way to benefit you.”
5. If I come up with a design on my own, nothing for work, can I copyright it to call it my own, or do I have to tell my company about it because I work for them? Who owns it?
“
6. If I break a copyright law, can I go to jail?
“It depends on how far it has gone, in the first act you have not committed a crime, and you have committed a tort. If the person who has the copyright takes you to court and you still are violating him copyright then you have committed a crime and can pay a hefty fine and maybe jail time.”
7. How much money do you charge to read a contract and give me advise or interpreted it for me?
“I charge by the hour at two hundred and thirty dollars.”
8. If I have a series of designs, is it better to copyright each one individually or should I copyright the whole series?
“You can copyright the series under one title and still have complete control of your work. Someone can ask you to license out only one or two pieces from that series and they will not have access to the other works in that series. At that point you should contact a lawyer to seek help, so you don’t get screwed out of money waiting for you.”
9. If my company gave me specific guidelines to make an advertisement and those guidelines infringe on someone else’s property can I get into trouble?
“The party that claims to a mark may file a lawsuit against another user of the same or similar mar to prevent further use of the mark and collect money damage for the wrongful use.” (P, C, &T pg. 419)
1. Legal Authority:
I made contact with a lawyer named Scott Weide, I found him through my dad. I know many different lawyers and judges, but all practice either business law or criminal law. I wanted to contact an actual lawyer who practices copyrights and trademarks. I also looked up a few other lawyers that were too busy to make time to talk to me for a few minutes. Some I didn’t even hear their voice, only their secretary. When I called Mr. Weide it took me a while to get through his secretary to actually talk to him. He was very pushy and was very busy he told me. I could only ask him a few questions before he had to hang up with me to deal with clients that were actually paying him. So I am trying to work with what he left me with, and see if I can back up what he has talked about with what the book says, or if you said something different than what the book has to offer.
Friday, September 3, 2010
EOC Week 8: 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 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. What if a non-compete or non-disclosure clause in a contract is disguised and I don’t know what it is really talking about, how can I be aware of that before I sign the document?
7. If I have a series of designs that I have developed, is it better to copyright each one individual or should I do it as a whole?
8. If my company gave me stricted guidelines to go by for an advertisement for their company and I didn’t know it was taken from their competitor can the competitor sew me personally or would they go after the company?
9. What rights do I retain when using the companies software?
10. If I rough out a design on school/company software but finish on my own professional software at what point does it become a creation and what are my rights?
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 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. What if a non-compete or non-disclosure clause in a contract is disguised and I don’t know what it is really talking about, how can I be aware of that before I sign the document?
7. If I have a series of designs that I have developed, is it better to copyright each one individual or should I do it as a whole?
8. If my company gave me stricted guidelines to go by for an advertisement for their company and I didn’t know it was taken from their competitor can the competitor sew me personally or would they go after the company?
9. What rights do I retain when using the companies software?
10. If I rough out a design on school/company software but finish on my own professional software at what point does it become a creation and what are my rights?
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