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.