Final Evaluation: Forced Choice

Lee, Sean Anthony http://primarydesign702.blogspot.com/

Hardy, Tyrone http://cajogi.blogspot.com/

Schmidt, Chase M. http://colorblindproduction.blogspot.com/

Lucero, Chelsea Elizabeth http://chelzzlucero.blogspot.com/

Howard, Brett Carroll http://accudraft45.blogspot.com/

Angel, Renferd K http://angelaudioproduction.blogspot.com/

Valencia, Eduardo http://eduardov425.blogspot.com/

Bowman, Robert B. http://bowmanlifestudios.blogspot.com/

Chambers, Everett Warren http://vegasinteriors.blogspot.com/

Orton, David Wayne http://vemg.blogspot.com/

Terheide, Melinda M http://terheidedesigns.blogspot.com/

Argument and opinions

     I can honestly say that I do agree with the  rulings.  When looking through the intellectual property book, I was able to compare my answers to some of the content.  Both the book, and my attorney elaborated on subjects I didn’t know or thought I knew.  I think the process of breaking the ice and contacting a layer definitely has prepared me somewhat.  It was a reality check and it has made me more alert of the many circumstances that I will face someday.  I think it has clarified the importance of hiring and actual lawyer if needed.  It is vital that the attorney is well educated in the subject matter as it covers so much “Copyright law protects a variety of original expressions, including art, sculpture, literature, music, songs, choreography, crafts, poetry, software, photography, movies, video games, websites, architecture, and graphics.” Patent, Copyright & Trademark; Richard Stim, Pg. 196 

     If anything I will be using copyright law most.  Video production falls into creative work in intellectual property protection.  Not all aspects but the film and video part.  “The Copyright Act specifically protects movies, videotapes, videodiscs, CD-ROM multimedia packages, training films, and computer games as audiovisual works.” Patents, Copyright & Trademark; Richard Stim, Pg, 215 

     The results contained new information that I didn’t know.  Especially when finding out that once something is made into a tangible form, it is automatically valid for an automatic copyright.  I’m aware that not everything is, but most things are.  “A creative work is protected by copyright the moment the work assumes a tangible form –which in copyright circles is referred to as, “fixed in a tangible medium of expression.”  Patent, Copyright & Trademark; Richard Stim, Pg. 196 

     Overall the assignment of finding a lawyer and asking questions wasn’t that bad.  It was a great experience that is sure to help me in the future.  I definitely learned from the experience and have a different perspective on hiring lawyers.  It’s easier said than done. 

Rule of law

     I didn’t expect my attorney to answer as many questions as he did.  Seeing as he specializes in civil cases dealing with construction defect.  There are many different circumstances that can change the ruling and judgments on a case.  In order to be extremely confident with the answers that I was given, I’d need to look deeper into the subject matter of the questions and give specific details.  My goal was to incorporate as many media related questions as possible.  I did add a few generic questions that could potentially be used and beneficial to film.

     I was really interested in finding out how original my work had to be.  If it was possible to actually take a certain idea liven it up and pass the idea on as my own creation.  Seeing as there are movies and songs that mock actual people.  “If the use was transformative, this weighs in favor of a fair use finding.  In a parody, for example, the parodist transforms the original by holding it up to ridicule.” Patent, Copyright & Trademark; Richard Stim, Pg. 256  I can see why there aren’t direct answers in this case.  The rulings can have many different outcomes, depending on the facts. 

     From the research obtained it has become clearer of the actions that may be taken such as when infringement is committed towards any of my work.  If or when infringement has been committed I have come to know that there is an specific action toward infringement “Under the Copyright Act, a copyright owner is entitled to file an infringement action in federal court against a person…” Patent, Copyright & Trademark; Richard Stim, Pg. 269

     One of the questions included internet usage.  It is question two, which touches on the subject of uploading a video on to the internet.  I wanted to become more familiar with the consequences of having my work ripped of the internet and sold.  My attorney informed me that it is a really hot topic right now.  Although the internet allows people to get away with infringement easier, the same regulations still apply “Copyright law is supposed to work the same on the internet as it does in the more tangible worlds of print and the fine art.” Patent, Copyright & Trademark; Richard Stim, Pg. 274  The rule of law states that copyright law is to be treated the same as if in everyday life.  “Unfortuanately, that’s not the case. Keeping tarck of copyright ownership and enforcing copyright has proven more difficult in cyberspace.”  Patent, Copyright & Trademark; Richard Stim, Pg. 274

     Overall the comparisons between the responses given by my attorney and the rules of law meshed together well. The answers were sensible to the content in the text.  Copyrights are commonly used.  “Copyright does not protect ideas or facts; it protects only the unique way in which ideas or facts are expressed.” Patent, Copyright & Trademark; Richard Stim, Pg. 196

Reasoning of the law

      I found the responses to my questions to be simple and right to the point.  It was difficult to form the questions to receive definite answers.  With one question, several other questions were developed at once.  My attorney was honest, if he didn’t know the exact answer he would ask me to elaborate.  Since I’m not a lawyer, he took the time to actually come up with scenarios so that I would understand the process.  His logic and thinking process were both easy to understand.  I was surprised that he knew anything about film, and certain tactics that go along with it.  I was only surprised because he mostly deals with construction defect cases; he is a really educated individual.  The hardest question to find reasoning for was my question about a name being left out of the credits; it is question number six in my list.  I wasn’t aware that this sort of thing has happened all the time.  I know that in some movies actors are labeled as the producers because they fund the production.  I had no idea that people are refused the opportunity to have their name in the credits.  Something that I found interesting would have to be the cease and desist process.  I was clueless about it, I found reference to a cease in desist in the classroom text.  I learned the reasoning of it which states the purpose in a letter form.  “This letter informs the alleged infringer of the validity and ownership of the copyrighted work, the nature of the infringement, and the remedies that are available to the copyright holder unless the infringement is halted.” Patent, Copyright & Trademark; Richard Stim, Pg. 219  In order to refrain from having to take action with the cease and desist process it is easier to create an agreement that if the proposal isn’t of the likes of a client that they may not take my work either way without permission.  The reasoning in my case of legal issues worked out and was understood well.

The Questions: The Legal Issues

     Here they are the ten questions that took quite some time to come up with, as well as obtain answers for.  The answers were provided by Leonard Fink, of Springel & Fink, LLP.  I tried to tailor the questions to my specific major, for future use.  Some of the questions were developed on a “what if basis” so that I can try to prevent negative things from happening in my career.  I have related the quotes to some of the answers I got in order to obtain a clearer understanding.

1. How do I know what form of intellectual property protection is available for my work?

It is in fact harder to protect an idea than protecting something that is tangible.  Protection qualifies more for a script rather than an idea.

“Copyright protection is automatically available to any original work of expression that is fixed in a tangible medium.” Patent, Copyright & Trademark; Richard Stim, Pg. 239

2. If I upload a video on to the internet and it is ripped, burned, and money is profited from it, what can I do?

First things first is to prove who the media actually belongs to, it also depends on where the video is posted.  It is important to obtain the user agreements of the site, in other words if it is public domain.  It ultimately depends where you are posting the content.

“Congress passed the Family Entertainment and Copyright Act of 2005, which made it a criminal violation of copyright law to knowingly place a copyrighted computer program, musical work. Motion picture or other audiovisual work or sound recording on a computer network accessible to the public for purposes of copying.” Patent, Copyright & Trademark; Richard Stim, Pg. 274

3. If a company that produced various works together splits up, how is it determined to what each can claim as their own?

An agreement is what it comes down to.  When joining in to partnership it is important to make these arrangements before hand. For example, the Beatles claim individual songs as their own because of an agreement that was made, in which rights were determined.

“Under the Copyright Act of 1976, a joint work is defined as a work prepared by two or more authors who intend to merge their contributions into inseparable or interdependent parts of the whole.  The U.S. Copyright Office will accept for registration works that meet this statutory definition and will treat the authors as having equal rights to register and enforce the copyright, regardless of what the joint authors arrange among themselves.” Patent, Copyright & Trademark; Richard Stim, Pg. 275

4. If I propose a script for a potential client and they refuse the production but use it regardless on their own, what can I do?

To go forward in this matter it would probably be proper to cease and desist.  A ceases and desist letter may also be necessary.

“An original work of authorship that is fixed in a tangible medium of expression but has not yet been published (made available to the public without restriction) automatically qualifies for copyright protection.” Patent, Copyright & Trademark; Richard Stim, Pg. 317

5. If I work on a video project with a partner/s and it was free, then is sold later without the permission of the partners. Can I be compensated?

Depending on the situation, compensation will most likely not be honored unless prearrangement was made.  

“…any coauthor may use the expression covered by the copyright without permission of other coauthors but must account to the other coauthors and equally share with them any profits realized from the use.” Patent, Copyright & Trademark; Richard Stim, Pg. 222

6. If a film I worked on is produced and shown in theatres, and my name is left out of the credits is there anything I can do to be compensated?

What is determined is the level of work completed.  It happens all the time that individuals are left out.  It depends on what your role was. For example Ed Norton didn’t receive credit for writing for the Incredible Hulk, because he wasn’t in the Union. 

7. How original does my work have to be to obtain copyright protection?

For starters the idea has to be original.  Some have taken original films and made them into parodies.  It’s not always that you need signed permission that is if it is an original idea.  As long as it isn’t shot for shot of something that has already been created then you should be fine.  It is best to obtain some sort of permission, or at least check in to it.

“It must be original – that is, the author must have created rather than copied it, it must be fixed in a tangible medium of expression… it should be recorded or expressed on paper, audio or videotape, computer disk, clay or canvas.” Patent, Copyright & Trademark; Richard Stim, Pg. 196

8. When using a popular program to create a production, can money be made off of that production?

If full rights are obtained for the program and it was purchased rightfully.

“Copyright owners, particularly software and website publishers, often want to limit how purchasers use their products and services. For example, a software maker may insist that customers use its program only for personal, not commercial, purposes.” Patent, Copyright & Trademark; Richard Stim, Pg. 251

9. If I obtain a copyright on a certain video/s, how can I prove that infringement has been committed?

You have to actually prove that you have ownership, it is also necessary to show that it is substantial and that it wasn’t a coincidence.

“Once a copyright owner suspects infringement, the owner may file a lawsuit against the infringer for damages in a federal court, provided that the copyright has been registered with the U.S. Copyright Office.” Patent, Copyright & Trademark; Richard Stim, Pg. 235

10. Are there specialized courts in the U.S. that mainly focus on intellectual property cases?

Not necessarily, there may be divisions but it depends on the jurisdiction.

“…intellectual property that is protected in America may achieve protection among member countries. For example, the Madrid Protocol has standardized the process for obtaining trademark protection among member countries.” Patent, Copyright & Trademark; Richard Stim, Pg. 7

Legal Authority: How I made contact, found this person and why they are a good choice.

     When the project was assigned, I thought to myself… what are the odds.  I just got a job as a file clerk in a law office.  I was still a bit worried because I hadn’t had many conversations with the lawyer’s in the office at all.  I did prepare the research before choosing a lawyer in the office that I work in.  I wanted to make sure that choosing a lawyer from my office would be the right choice.  I didn’t try contacting any of the other lawyers that I found because some lawyers have experience with many different subjects other than the ones that they specialize in. The lawyer that I chose is Leonard Fink “Lenny, from Springel & Fink, LLP.  I thought that he’d be the best choice because I heard that he was really smart.  I was intimidated a bit to ask him to help me with answering the questions.  I didn’t fell confident that they would be formatted properly in a way that he’d understand.  He was really nice about it when I asked him.  He agreed, I didn’t have to explain much about what the project was.

     It took some time in order to meet with Lenny.  He was busy with different meetings, depositions, and other responsibilities that come with being a lawyer.  I didn’t get a chance to meet with him until after the Thanksgiving holiday had passed.  Once I met with him, I had to reformat some of my questions because they were very broad.  I specified some of the questions in order to get direct answers other than “it depends.”  I think it was a little bit easier to meet with my lawyer in person because he was able to look at my questions from the paper that I provided.  I like the fact that he gave specific scenarios.  The scenarios helped me to understand the concepts.  The answers that I received weren’t that long. They were short and to the point.  It goes to show that hiring a lawyer is easier said than done.

Springel & Fink LLP

Leonard T. Fink

LFink@springelfink.com

(702)804-0706

    

EOC: Week 10 Erin Brokovich vs. Robert Kearns

     There is obviously a big difference between the two stories as well as the characters.  If I had to choose between the two characters I would definitely have to go with Erin Brokovich.  She kicked ass in the film.  She didn’t let anything get to her, even with the many obstacles that came her way.  She was a single mother, and she wasn’t even a lawyer.  Erin worked through any given circumstances, even when she was ill.  The case took a good amount of her time, although she was consumed in her work and had to miss out on family time.  She did have her moments but she didn’t allow herself to be afraid of a big corporation.  I believe that she had more stress to deal with because there were so many parties involved.  She managed to keep herself together while fighting for justice.  The role of Erin Brokovich was quite enjoyable, she was a tough woman.  As with Mr. Kearns character, even before the invention was created his demeanor was very bland and serious.    Since he was so serious, I expected to see more emotion than what was shown.  I understand the severity of the situation, and I can’t say I would react in a different manner.  I just know that I would portray more anger if I were in the same situation.  I really did enjoy the endings and the reactions of the two characters.  It gives such a sense of relief because it almost felt as if I sat in court and depositions day after day.  The characters had a great sense of personality and only wanted justice.  It takes so much courage to fight for others, than fighting for one’s own self.  The characters both neglected their families in a way which makes them similar in a way but in the end it served a good purpose.

Week 10 BOC: Lawyer Jokes

How many lawyer jokes are there?

How many lawyer jokes are there?
Just two, all the rest are true.

http://www.lawyer-jokes.us/

How many lawyers does it take to screw in a light bulb?

How many lawyers does it take to screw in a light bulb?
One; the lawyer holds it while the rest of the world revolves around him.

How can you tell when a lawyer is lying?
His lips are moving.
http://brainden.com/lawyer-jokes.htm

Week 7 Eoc: 10 Lawyers with websites

Lawyer	Site
Adam Howard Springel	http://www.springelfink.com/
Christopher Benjamin Anthony	albrightstoddard.com‎
Joel Z. Schwarz	gordonsilver.com‎
Chad William Miller	weidemiller.com‎
Lauri Thompson	gtlaw.com‎
Mark G. Tratos	gtlaw.com‎
Ira W David	gordonsilver.com
Jonathan W. Fountain	gtlaw.com‎
James D. Boyle	santorodriggs.com‎
Barry Levinson	lawbybarry.com‎

Week 7 EOC: Intellectual Property Questions

1.       In what ways would the engineer that chose the rebar at the Harmon building at City Center be held liable? Can he be sued civilly?

2.       How would I protect an original piece of audio and prevent people from performing it live?

3.       If an interior designer specs out a specific piece of furniture or flooring, and the item injures someone. Can he or she be held liable?

4.       If a drafting contract was documented for a design and the company lost ownership, can I still be compensated?

5.       If I propose a design for a potential client and they refuse the design but use it regardless what can I do?

6.       If I work on a video project with a partner and it was free, but they sell it later can I be compensated?

7.       Are the penalties for offenses similar in all states?

8.       If production work is created using a popular program, am I allowed to make money off of it?

9.       If a building is formed from a plan, and it doesn’t hold up well who is blamed?

10.   If a film I worked on is produced and shown in theatres, and my name is left out of the credits is there anything I can do to be compensated?

Week 6 EOC: Illicit

Watching illicit was quite interesting.  I was aware of the fact that knock offs exist.  When you walk into a swap meet you are surrounded by knock off Hello Kitty, Jordan, Nike, and many others.  I never knew how the reproduction of fake products could have such a negative impact worldwide.  I think people are so naïve to the fact that purchasing such items could really create a controversy.  It is sickening to see criminals making fake pharmaceuticals that can make innocent individuals extremely ill.  All the illegal activity that has occurred over the years has been a mystery to me.  Never did I think that people would be so desperate for money that they would mix multiple ingredients to make fake medication.  I know for a fact that people sell fake handbags and you can usually tell by certain accents of the bag.  It is unbelievable how the bags were so legit to the original designs.  I have actually attended a close friend’s house while a woman was having a bag party.  All the bags that she was selling were knock offs.  She made really good money because women are really into purchasing something close to what they can’t afford.  I personally didn’t buy anything because from working in retail at Coach (The handbag store) I learned to respect the product.  It’s not fair for somebody to just make money off of a label that has worked hard to obtain their success.  I think that the Governments should participate in investigations together in order to stop the crime.  It’s not about what the actual item is, it goes way beyond material things.  It’s sad to see human beings that are dying, getting sick, and being bribed into contributing.  It’s not just up to the people who are in charge of things either; people need to think about what they are really getting themselves into.  I fell as if this has had an impact on me; I’m going to do my part to not be involved in anything that was mentioned in this production.

Week 5 EOC: Lawyers Looking for Fame

I find it to be unfortunate that lawyers are using individuals in order to gain fame.  In the circumstances detailed in the article, the severity of the matter determined whether or not a man would be able to be reunited with his family.  Lawyers offered to take the case, but only if they could argue before the Supreme Court.  Although the man broke the laws I believe that in order for a case to be taken it shouldn’t be for the wrong reasons. “ In the state of nature...all men are born equal, but they cannot continue in this equality. Society makes them lose it, and they recover it only by the protection of the law.” [Charles de Montesquieu]  It is sad that people actually trust lawyers but in all reality you can’t  be so sure even if you are paying them.  I think that lawyers who take cases just because don’t put forth as much effort in order to do all they can  “As far as the laws of mathematics refer to reality, they are not certain; and as far as they are certain, they do not refer to reality”. [Albert Einstein]  It is enough that somebody would have to endure something so horrible.  I couldn’t imagine being taken away from my family.  It’s unfair to the people who trust in these lawyers.  The bad thing is in the event where the case is lost; there is no remorse from the lawyers.  I doubt there would be any remorse even if they were paid.  I understand that in order to be hired, experience in law is necessary. There is nothing wrong with having the experience to do the job.  It is the dishonesty and wanting fame that is wrong.  Change is good, I think lawyers need to seriously get it together and have a heart, but in all reality “The more laws, the less justice”. [Cicero]

Sources: http://www.saidwhat.co.uk/quotes/famous/charles_montesquieu/in_the_state_of_nature_all_5705

http://thinkexist.com/quotation/as_far_as_the_laws_of_mathematics_refer_to/15450.html

http://www.worldofquotes.com/topic/Justice/index.html

Week 4 EOC: Death Race Jeopardy

The Jeopardy learning experience wasn’t so bad.  It was really different from what I expected it to be.  I was able to retain information from playing the game. I now know by heart that OG stands for Official Gazette.  I have also learned to remember exactly what infringement is.  Something new that I’ve also learned is the abandonment of a patent application.  At first some of the terms seemed to sound alike, but after they were used a few times they started to make sense.  Ultimately it is impossible to become familiar with over one hundred pages of definitions in a few weeks.  The hardest aspect of death race Jeopardy was being timed of course.  The hardest questions were the case names.  The Bayh-Dole Act, enacted in 1980, is something that I’d never thought I’d remember but with universities being involved somehow that was the key word to remembering it.  I think it was a good idea for everyone to make their own Jeopardy to share with the class.  Playing the games made it fun to learn new concepts, because I know there are some people, like myself who didn’t make it through every single definition.  I think it would have been more efficient to trade off the games more so that everyone could have had the chance to share what they came up with.  It was also fun to get together in different groups and work together as teams in order to answer the questions.  I think that in the end everyone enjoyed playing the game as well as earning extra points for the midterm.  Experiencing the Jeopardy games helped me to see where I stand and what aspects I need to go over in order to get a decent grade on the midterm.  Overall it was a fun experience and got something from it.

Week 3 EOC: Jeopardy- Challenges and Opportunities

I have to admit reading through all the definitions wasn’t easy.  I didn’t finish going through all of them because I felt as if I had to remember them before continuing to the next page.  I found myself trying to remember what they meant and stressing myself out.  I had to keep reading through the same things over and over.  It was challenging because I wanted to take notes and write everything down, which would only result in a copy of the textbook.  Using the definitions in a creative way can help obtain information because just reading them I just couldn’t focus. Many of the terms looked identical with a few words changed around.  Ultimately creating the Jeopardy game, the biggest challenge for me was coming up with the categories.  It is easier to make a Jeopardy game than to read the book, that’s for sure.  The biggest problem was trying to differentiate the different terms in a way that separates them.  My main focus is coming up with questions that are logical, and that also make sense to the player.  Its difficult creating questions that are both challenging and fair.  Only because I’m not sure where the class stands on the content.  The game is interesting seeing as it has been created using PowerPoint.  As far as opportunities go, I believe that adding creativity to any project embeds information more efficiently than skimming through the never ending pages.  The Jeopardy game requires special attention in order to work properly which is important.  This challenge also gives me practice with PowerPoint, seeing as I haven’t used the program in a long time.  I have never done anything this complicated with the program as well.  I want to give others the opportunity to be able to answer the questions easily.  I’m also hoping that the questions that other students are coming up with aren’t too hard because I’m no good at Jeopardy anyway. 

EOC Week 2: What I think about lawyers.

I have had the chance to experience many things, having to hire a lawyer is something I definitely don’t want to ever have to experience.  I have nothing against lawyers nor do I necessarily hate them, but it’s only obvious they are not always honest people.  I have had the opportunity to see people almost ripping their hair out or crying hysterically because most lawyers are crooked.  I know lawyers as lie-awyers, as funny as it sounds it’s quite scary.  Personally in my opinion I would never be able to take advantage of others and do nothing for the client.  I’m too honest and would probably get fired for telling the truth.  Justice is so important especially if a murder has occurred or something severe has happened and justice isn’t served to the party whom deserves it.  I’d rather pull my own teeth out than hire a lawyer and be lied to as well as forwarded to voicemail when calling a lawyer, after spending three hundred dollars an hour to meet with the lawyer.  Put it this way, all a lawyer focuses on is winning.  Their last concern is what you have endured, or been through.  Their concern is how much money you are profiting them so they can go on a shopping spree.  I understand that business is business, a client is just a client when the case is over.  I have a friend who was going to school in order to become an attorney, she told me a few things about what happens behind closed doors.  She is now changing fields to become a nurse, what are the odds.  I have never had any negative experiences with the system, or lawyers but it is just reality that when money is involved some people will do anything to get ahead in life, and they will step on anyone to get there.

Week 1 EOC: My Voice

My name is Chelsea, I also go by Chelz and this is me.  I was born and raised in Henderson Nevada.  I always knew that I would go to college to do something out of the norm. Growing up I found myself watching the same movies over and over, and noticing different elements.  As I graduated high school I decided that I wanted to make music videos.  I found my calling in Digital Film and Video Production and fell in love.  Ever since I can remember, many peers and family members mentioned how creative I was.  It took me some time to realize that they were right.  There are so many new developments in the film world, I’m amazed everyday.  I have done many things from freelancing to small projects. Some big projects include a music video as well as a business meeting that came out well.  I have become familiar with many new talents.  The talent that I have the most interest in is editing film.  I’m so consumed in the detail and patience in order to pull it off; it has definitely become a passion of mine. I have had experience with editing, lighting, pre-production, filming, photography, and much more.  Although I am employed, I involve myself in freelance work so that I continue to develop as a professional.  I have been in the field of Digital Film for about two years now, and have loved every minute of it.