In the end, I agreed with everything I was told. Most of it made sense to me, and if it did not, When I asked him to elaborate, he made it much clearer for me.
I am not entirely thrilled with everything, mostly the "proving infringement".
"To prove a violation, the plaintiff must present evidence that the work was original and that either:
•
The infringer actually copied the work; or
•
The infringer had access to the original and the two works are substantially similar."
Introduction to Business and Law, Beatty Samuelson, 507
I honestly have no idea how, in the film industry, you could track down whomever was taking your property and selling it, or simply giving it away.
That is not to say I can not do anything about it, or I want something changed so badly I need to start a regime. I just need to know that eventually, stealing copyrighted material is going to start getting harder.
"One of the major challenges for legal institutions in regulating
copyrights is simply that modern intellectual property is so easy to
copy."
Introduction to Business and Law, Beatty Samuelson, 508
I am however thrilled to know that I can share, or refuse to share, my own work with peers, family, friends, whomever at my own will, provided a company is not paying me to keep it secret. Or that I can find inspiration in any number of works, and incorporate ideas from certain pieces, and not be under any red lights. Especially considering how much I like to do parody work, which is completely protected, so long as I make it clear that there was no malicious intent.
"Unlike patents, the ideas underlying copyrighted material need not be novel. For example, three movies—Like Father Like Son, Vice Versa, and Freaky Friday—are about a parent and child who switch bodies. The movies all have the same plot, but there is no copyright violation because their expressions of the basic idea are different."
Introduction to Business and Law, Beatty Samuelson, 506
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
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
Reasoning of the Law
When I first sent Mr. Springer my questions, he had little to no idea why I needed his help. Being that he is a family friend however, I decided to disclose that information with him. At which point he was more then happy to help.
He understood that I needed professional advice, and not to dull anything down, and gave me the answers I needed to see this project to completion. He did so with a very positive attitude, and didn't think little of me for asking questions if something confused me. A few times, he started to make an analogy, and I finished it for him, at which point I was told "I might use that later" by Mr. Springer.
Everything he told me, was information he had gained upon studying the law, and so the logic used, was only that of the law itself. Yet I was very pleased with the way he presented it, in a very, "human" nature.
He understood that I needed professional advice, and not to dull anything down, and gave me the answers I needed to see this project to completion. He did so with a very positive attitude, and didn't think little of me for asking questions if something confused me. A few times, he started to make an analogy, and I finished it for him, at which point I was told "I might use that later" by Mr. Springer.
Everything he told me, was information he had gained upon studying the law, and so the logic used, was only that of the law itself. Yet I was very pleased with the way he presented it, in a very, "human" nature.
The Questions
What is the difference between a
Provisional Patent Application and a Non-provisional Patent Application
(Regular Patent)?
Are downloaded works over peer-to-peer
networks violating Copyright law?
How "original" does my work
have to be to merit copyright protection?
How do I know if I can protect my
business information as a trade secret?
How can I prove that there has been an
infringement on my copyright?
Are
there any legal problems with using a specific product in my film?
If I show my character watching TV, do I have to get permission to show
whatever is on the screen?
If I use fake guns in a public
place am I legally obligated to inform the local police?
Should I be
concerned about filming a famous building?
If I’m shooting my film in another state. Do I
need to set up a limited liability company (LLC) in that state?
These questions were important to me, because I'm in the film industry as my main focus. My biggest concern was knowing what I could or could not get away with, in regards of assets, places, props, and how to distribute the work to my peers so we can finish working on the project together.
Additionally, I wanted to know, what made a patent a patent, and what would be considered a trade secret. Secondly, how to protect myself, and my peers, should our work be compromised in some way. And finally considering the nature of my work, I needed to know, how "original" a piece had to be, in order for it to have merit in the industry at all. Since I've heard the phrase, "it's all been done before" about a million times, yet still see new works coming out all the time, and yes, some are remarkably similar. But I wanted to know how similar something would be, without it being downright plagiarism, or essentially stealing an idea I'd seen before.
Legal Authority
The lawyer I made contact with is Colby Springer.
Finding him was rather easy, I asked around with friends and family if any of them personally knew a lawyer, and luckily my mother happened to know a few.
The original lawyer she had lead me towards was unfortunately unavailable, as he is currently out of the country visiting family for the holidays. However, the second, Mr. Springer, was another good friend of the family, and works mainly in intellectual property law.
We were able to send him my questions via e-mail, but once he saw them all, he thought it would be easier to give me a call for the answers, and we went down the list rather quickly, in less then an hour.
Overall, I think it only took about three hours total to find, make contact, and have the interview.
Finding him was rather easy, I asked around with friends and family if any of them personally knew a lawyer, and luckily my mother happened to know a few.
The original lawyer she had lead me towards was unfortunately unavailable, as he is currently out of the country visiting family for the holidays. However, the second, Mr. Springer, was another good friend of the family, and works mainly in intellectual property law.
We were able to send him my questions via e-mail, but once he saw them all, he thought it would be easier to give me a call for the answers, and we went down the list rather quickly, in less then an hour.
Overall, I think it only took about three hours total to find, make contact, and have the interview.
Week 10 EOC: Lawyer jokes
What do lawyers use for birth control?
. . . Their personalities.
Why does California have the most lawyers and New Jersey the most toxic waste dumps?
. . . New Jersey had first choice!
http://www.extremelysmart.com/humor/lawyerjokes.php
When do you know a lawyer is telling the truth? When his lips are shut.
At the rate law schools are turning them out, by 2050 there will be more lawyers than humans.
http://www.jokes.com/funny-lawyer-jokes
Q: What's the difference between a porcupine and a Mercedes Benz full of lawyers?
A: The porcupine has pricks on the outside.
Q: What do have when a lawyer is buried up to his neck in wet cement?
A: Not enough cement.
http://www.ahajokes.com/lawyer_jokes.html
. . . Their personalities.
Why does California have the most lawyers and New Jersey the most toxic waste dumps?
. . . New Jersey had first choice!
http://www.extremelysmart.com/humor/lawyerjokes.php
When do you know a lawyer is telling the truth? When his lips are shut.
At the rate law schools are turning them out, by 2050 there will be more lawyers than humans.
http://www.jokes.com/funny-lawyer-jokes
Q: What's the difference between a porcupine and a Mercedes Benz full of lawyers?
A: The porcupine has pricks on the outside.
Q: What do have when a lawyer is buried up to his neck in wet cement?
A: Not enough cement.
http://www.ahajokes.com/lawyer_jokes.html
Thursday, November 21, 2013
Week 8 EOC: Questions
1. What is the difference between a Provisional Patent Application and a Non-provisional Patent Application (Regular Patent)?
2. Are
downloaded works over peer-to-peer networks violating Copyright law?
3. How
"original" does my work have to be to merit copyright protection?
4. How
do I know if I can protect my business information as a trade secret?
5. How
can I prove that there has been an infringement on my copyright?
6.
Are there any legal problems with using a specific product in my
film?
7.
If I show my character watching TV, do I have to get permission to show whatever is on the screen?
8. If I use fake guns in a public place am I legally obligated to inform the local police?
9. Should I be concerned about filming a famous building?
10. I’m
shooting my film in another state. Do I need to set up a limited liability
company (LLC) in that state?
8. If I use fake guns in a public place am I legally obligated to inform the local police?
9. Should I be concerned about filming a famous building?
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