Thursday, December 5, 2013

Rule of law

1.              What is the difference between a Provisional Patent Application and a Non-provisional Patent Application (Regular Patent)? 
Patent protects ideas, copyright protects expression. Provisional patent never actually becomes a patent.  Non-provisional can claim the place for the patent. More costly, more time consuming. Can claim priority to the provisional.
 "The PPA is a simpler, shorter, cheaper application that gives inventors the opportunity to show their ideas to potential investors without incurring the full expense of a patent application. PPA protection lasts only one year. To maintain protection after that time, the inventor must file a regular patent application."
Introduction to Business Law, Beatty Samuelson, 504

2.              Are downloaded works over peer-to-peer networks violating Copyright law?
Downloading itself is not, it is defined by what is downloaded. And if you have permission to upload or download said material.

3.              How "original" does my work have to be to merit copyright protection?
An issue the US has had since the 1800’s. copyright law is embodied in the constitution. Article 1 section 8 clause 8. 
The work must be "Original to the author."
"Original", does not necessarily mean "New".
It can’t be a mechanical reproduction, and it can’t be more than just a few words or phrases. Must be fixed in a tangible medium. (written, drawn, recorded)
Instructions, formula’s, recipes, are just facts, and not copyrightable, but the way they are arranged, or presented, can be. Through expression. the question of when one becomes another is still up for debate.
"Although a company can patent some types of trade secrets, it may be reluctant to do so because patent registration requires that the formula be disclosed publicly."
 Introduction to Business Law, Beatty Samuelson, 512

4.              How do I know if I can protect my business information as a trade secret?
It must derive economic value, must be a secret, must have exercised reasonable means to protect it. (recipe for coke) governed by state law, copyrights and patents are federal law.
"a trade secret is a formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors who do not know it."
Introduction to Business Law, Beatty Samuelson, 512

5.              How can I prove that there has been an infringement on my copyright?
MUST BE COPYWRITTEN. Must prove access, must be able to prove it was copied.
Access, can mean photocopied, taken a picture, heard a song.
Elicit copying. Display, preforming, etc. exceeding permission of display. 
"First Sale's" do not apply.
"The first sale doctrine permits a person who owns a lawfully made copy of a copyrighted work to sell or otherwise dispose of that copy. Note, however, that the first sale doctrine does not permit the owner to make a copy and sell it or give it away."
Introduction to Business Law, Beatty Samuelson, 507
 
6.              Are there any legal problems with using a specific product in my film?
There CAN be. If the owner of the brand disapproves of the way the product is used, it could be seen as an attack on the product itself.

7.      If I show my character watching TV, do I have to get permission to show whatever is on the screen?
            Same concept as above. You SHOULD get permission to use it, example, the list of songs or movie clips at the end of the films credits.
            But it may not matter depending on how much screen time it has.

8.
      If I use fake guns in a public place am I legally obligated to inform the local police?
            Some cities will require a filming permit, allowing you to shoot the film. Specifying what is allowed in certain places and times.

9.
      Should I be concerned about filming a famous building? 
            Similar statement as above. Most states do not. But some can.
Vara: visual artists rights act. Can have copyright issues.
Private property is not the same as public.
However, usually, a public setting, is "free game".

10.  I’m shooting my film in another state. Do I need to set up a limited liability company (LLC) in that state? 
Anything that can incur liability, it is generally a good idea. Because otherwise you personally be liable, saving you from individual liability. 
"Members are not personally liable for the debts of the company. They risk only their investment, as if they were shareholders of a corporation."
 Introduction to Business Law, Beatty Samuelson, 377

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