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