Week 10 EOC: Lawyer Jokes

What do you call an honest lawyer? An oxymoron.

Why was the lawyer skimming the Bible right before he died?
He was looking for loopholes!

Week 9 EOC: Video Content

Vandalism

Theft of intellectual property

Your own Arguments and Opinions

I personally agree with the copyright law although it’s not always beneficial and can sometimes become a hassle when you want to incorporate some ones work on your own work to try to improve it. "A patent is not available solely for an idea, but only for its tangible application. “ That’s always a good thing to know.” A patent is a grant by the government permitting the inventor exclusive use of an invention for 20 years from the date of filing.” That means no one can use or sell this without and permission of the inventor. I definitely feel that copyright law truly protects our work, no one likes to do work for nothing!” Suppose you buy a CD that, in the end, you do not like. Under the first sale doctrine, you have the legal right to sell that CD. 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.” Although people have found ways to work around buying CDs, no one likes having there had work stolen from them especially artists.” It is illegal to delete copyright information, such as the name of the author or the title of the article. It is also illegal to distribute false copyright information. Thus, anyone who emailed Tom Tomorrow's cartoon without his name on it, or who claimed it was his own work, would be violating the law.” This is one of the many laws I really agree with it protects you work. Copyrights protection usually expires after 50 years, that’s quite a long time. “A trademark is any combination of words and symbols that a business uses to identify its products or services and distinguish them from others.” Trademarks are really important to customers and businesses the help distinguish products by their brands. High quality businesses are the ones that usually occupy trademarks to help their customer distinguish there brand.” 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.”

Rule of the Law

.” The holder of a copyright owns the particular expression of an idea, but not the underlying idea or method of operation.”Copyrights and permits are both things I think are very important.  No one like people taking credit for your own work! “If Congress disagrees with a judicial interpretation of a statute, the legislators may pass a new statute to modify or “undo” the court decision. For example, if the Supreme Court misinterprets a statute about musical copyrights, Congress may pass a new law correcting the Court's error.”The author or the creator of the work usually owns the copyright. However, if an employee created the work as part of a job, the employer automatically holds the copyright. Minors can copyright their works, but state laws often control how they can market them. Whenever you’re naming your business it is always important you have a valid trademark so that you can avoid any copyright infringements.” A trademark is any combination of words and symbols that a business uses to identify its products or services and distinguish them from others. Trademarks are important to both consumers and businesses.” Under some circumstances, trademark protection can extend beyond words, symbols, and phrases to include other aspects of a product, such as its color or its packaging. However, such features will not be protected if they confer any sort of functional or competitive advantage.” The Trademark Law Treaty simplifies and harmonizes the process of applying for trademarks around the world. Now, a U.S. firm seeking international trademark protection need file only one application, in English, with the PTO, which sends the application to the World Intellectual Property Organization (WIPO), which transmits it to each country in which the applicant would like trademark protection.” Trademarks make it easier for consumers to quickly identify the source of a given good. Instead of reading the fine print on a can of cola, consumers can look for the Coca-Cola trademark. Instead of asking a store clerk who made a certain athletic shoe, consumers can look for particular identifying symbols, such as a swoosh or a unique pattern of stripes.” People who feel that Nike shoes fit their feet best can rely on the Nike trademark to know they are buying the shoes they want. A business with a high-quality product can use a trademark to develop a loyal base of customers who are able to distinguish its product from another.” Trademarks always tend to catch people’s eyes other than other unknown brands. It’s always good to have your work protected especially when it comes to film since its cost so much to produce. “One of the major challenges for legal institutions in regulating copyrights is simply that modern intellectual property is so easy to copy. Many consumers are in the habit of violating the law by downloading copyrighted material—music, movies and books—for free. They seem to believe that if it is easy to steal something, then the theft is somehow acceptable. In one survey of adolescents aged 12 to 17, 75 percent agreed with the statement, “file sharing is so easy to do, it's unrealistic to expect people not to do it.”One must always be very careful with copy right make sure that they are not taking other people things. It’s always important that when filming you makes sure you don’t make any brand look bad by accident, or on purpose that can be considered defamatory. “The First Amendment guarantees the right to free speech, a vital freedom that enables us to protect other rights. But that freedom is not absolute. The law of defamation concerns false statements that harm someone's reputation. Defamatory statements can be written or spoken. Written defamation is called libel. Suppose a newspaper accuses a local retail store of programming its cash registers to overcharge customers, when the store has never done so. That is libel. Oral defamation is slander. If Professor Wilson, in class, refers to Sally Student as a drug dealer when she has never sold drugs, he has slandered her.”

Reasoning of the Law

I feel that all my questions were answered to a great extent. I think he was very straight forward made easy for me to understand how everything works. Now I know I can always come to him whenever I have any legal questions.” One of the major challenges for legal institutions in regulating copyrights is simply that modern intellectual property is so easy to copy. Many consumers are in the habit of violating the law by downloading copyrighted material—music, movies and books—for free.”

1. Are there any legal problems with using a specific product in my film?

If you use a product positively in a film for the purpose it was intended for there should be no problems you don't have to use generic labeled products. Although problems can arise if you show a product in a bad light the company that produces it may not be too happy with you. This may constitute what is called “defamation “of a product.

2. Can I use a song or other copyrighted work in my film?
If you are planning to use copyrighted material in your film, you will either need to get permission from the copyright holder, or substantially change it to the point where it is not recognizable from the original source (which kind of defeats the purpose of using it anyway).

3. Do I need to get the rights to music used in my film if I’m not charging people to view it?

In short the answer is yes, Copyright law prevents distribution and public performance of protected works, regardless of whether money changes hands or not. It's the public performance aspect, not the money which causes problems with copyright. If you do not hold the necessary rights for music used in your film, then you cannot show it to anyone in a public environment.

4. How do I “copyright” my company's name?
It’s possible to register your business with a state or national government authority. Business names can only be registered if they are significantly different from any other name that exists in the authority's database.  Registering your business offers some form of name protection. You should however, be aware that this protection only exists for the authority you register your business with. It does not protect your name from being registered with a different authority.  If you want that level of protection, you need to register your business with the relevant authority in each territory you would like protection for.

5. Do I need permission to use my actor’s image in my own films? What if they’re underage?

Yes, you must get each person who is identifiable in your film to sign a release allowing you to use their image in the film. You will need a personal release from the children’s parents or legal guardian; the personal release should provide you all the rights to the film. You will also need to ensure that the child has obtained an entertainment work permit through the state department, and meets all the educational requirements of the state during the film.

6. Do I need any permission if a famous quote or phrase is said in my film?

Anything that’s in your film and is not created by you or your public domain will have to be cleared before your film can be distributed or sold

7. Do I need permission to film in public places? Would that cause problems with people that don’t want to be filmed?

If you are shooting on location, always carry some blank releases with you. It's best to try and avoid getting members of the public in your shots, but if it's unavoidable, it's worth trying to get them to sign a release. Generally, as long as the images of people aren’t offensive, defamatory or unreasonably invade their privacy; you don’t have to get every person in the crowd to sign a release. Some public places may require permission.

8. Do I need to inform the authorities if I happen to use weapons ( for example guns ) in my film?

In most places you are unlikely to find a law which requires filmmakers to notify the local police if they are shooting scenes in public which involve fake guns it is usually a good idea to get them involved.

9. What can I do if my company’s name is used by and established company?

This would be considered a trademark infringement. There are several types of issues that may occur the best thing you could do is to change your company name and make sure it’s available for your company.

10.  How do I get the rights to adapt a book into a screenplay?
You would need to find out whether the motion picture and associated rights are available for the work you want to adapt you would then need to get a hold of the publisher Basically, with an option you can get your script written, and look for production finance, or try and sell it, without having to worry about someone else taking it.

  

The Questions

When I was choosing my questions I tried to find questions that would be short but very useful to me. I really wanted to get a good understanding in issues that I might have to confront when filming or before filming. I tried thinking of typical question a filmmaker might ask one’s self when attempting to produce a film or even start a company. I leaned more towards asking questions that would involve anything that had to do with copyrights and permits, just because I feel that that is what most filmmakers might struggle with at some point. I tried thinking of situations that might occur when creating a film and or video. It’s always very important to be aware of all the legal issues that that the film industry acquires. I also tried asking questions that would help me protect my work and company from any type of incidents. I especially think these questions are core questions when you are in this kind of industry. I think these questions will definitely be helpful and will help me be successful throughout my career.

1. Are there any legal problems with using a specific product in my film?

 

2.Can I us a song or other copyrighted work in my film?

 

3.Do I need to get the rights to music used in my film if I’m not charging people to view it?

 

4. How do I “copyright” my company’s name?

 

5.Do I need permission to use my actor’s image in my own films? What if they’re underage?

 

6.Do I need any permission if a famous quote or phrase is said in my film?

 

7.Do I need permission to film in public places? Would that cause problems with people that don’t  want to be filmed?     

8.Do I need to inform the authorities if I happen to use weapons (for example guns) in a film?

      9.What can I do if my company’s name is used by an established company?

10.How do I get rights to adapt a book into a screenplay? 

 

Legal Authority

In my search for a lawyer I first I wasn’t quite sure who I could contact, I wanted someone who would take the time to listen and explain all my question so that I could understand the process. After finding out my cousin was a Lawyer I automatically got in contact with my cousin Armando Marino. I was actually shocked to find out my cousin was a lawyer I had no clue. I didn’t hesitate one bit to ask him if he could help me with my school project. I believe it’s sometimes better to have your family help you out in these types of legal issues especially because you know they’re not going to lie to you. One of the big reasons why I chose him beside the fact that he’s my cousin is that I felt he was going to answer my entire questions to the best of his ability. I also think he’s very honest and straight forward. I’m really grateful he took the time to explain everything. I’ve known my cousin for a long time now and he is definitely the person I would come to if I ever had any of these kinds of legal issues happening. He’s really intelligent he’s always up for a challenge I know he answer my question. I think my cousin was a really great choice.

Week 8 EOC: Bratz Brawl

“One of the more epic IP battles has come to an end. Mattel (Barbie) and MGA Entertainment (Bratz), have spent most of a decade in various courtrooms hashing out the ultra-serious question about which of these companies is entitled to the Bratz millions. Long story short, a former Mattel employee left the company and crafted one of the first serious threats to Barbie's dominance, the Bratz dolls. Mattel, of course, was none too happy because the designer was still employed by Mattel when he came up with the idea. Mattel felt it owned the idea and sued the designer in an effort to make that a reality. The trial jury awarded MGA $88.5 million in damages on its claims that Mattel employees used fake business cards to get access to MGA’s booths at toy fairs and obtain MGA’s trade secrets. The judge later reduced the verdict to $85 million and then doubled it by adding $85 million in punitive damages. Carter had also awarded MGA $2.5 million in lawyer fees and costs for its trade secret-theft claims, which was vacated by the appeal court’s ruling together with the $170 million in compensatory and punitive damages. The appellate panel agreed with Mattel that MGA’s counterclaims weren’t “compulsory” in that they weren’t based on the same underlying facts as Mattel’s trade-secret theft claims against MGA. As such, the judge had erred by allowing MGA’s claims to be part of the case, the panel said.” In my personal opinion I believe that MGA shouldn’t be held liable for his own creations. I feel that it’s very unfair to create something and have the business you work for try to take credit for it. Especially if the company didn’t do anything to help the creation, but that’s just my personal belief.

http://www.techdirt.com/articles/20121019/17344420768/its-finally-over-8-years-mattel-vs-bratz-no-ones-getting-paid-lawyers.shtml

http://www.bloomberg.com/news/2013-01-24/mga-bratz-win-over-mattel-partly-erased-by-appeals-court.html

http://www.huffingtonpost.com/2011/04/21/mattel-loses-lawsuit-with-mga-bratz_n_852223.html

Week 8 EOC: Questions

1.       Are there any legal problems with using a specific product in my film?

2.       Can I us a song or other copyrighted work in my film?

3.       Do I need permission to use locations in my city?

4.       Do I need permission to us my actor’s image in my own films?

5.       Do I need to get my film rated before I can show it to an audience?

6.       How do I copyright my company’s name?

7.       How do I get the rights to adapt a book into a screenplay?

8.       If I use fake guns in a public place am I legally obligated to inform the local police?

9.       What type of insurance should a filmmaker consider?

10.   What good legal resources are out there?

 

Week 7 EOC: Lawyers

Name	Number	Address
George T. Bochanis	(702) 659-8222	631 S 9th St, Las Vegas NV 89101
Pezzillo Lloyd	(702)233-4225	6725 Via Austi Parkway, Suite 290 Las Vegas, Nevada 89119
Bowler Dixon & Twitchell LLP	(702)425-5671	3137 East Warm Springs Road, Suite 100 Las Vegas, Nevada 89120
Deluca	(702) 608-1152	7580 W. Sahara Ave. Las Vegas NV 89117
Sterling Kerr	(702)608-0835	2450 Saint Rose Parkway, Suite 250 Henderson, NV 89074
The Bach Law Firm, LLC	(702)925-8787	6053 S. Fort Apache Road, Suite 130 Las Vegas, NV 89148
Wells & Rawling	(702)802-0466	7th Floor of the Bank of America Building 6900 Westcliff Dr. Suite 710 Las Vegas 89145
John C. Lambertsen	(702)796-3476	6900 Westcliff Drive, Suite 104 Las Vegas, Nevada 89145
Weide & Miller, Ltd	(702)-382-4804	Bank of Nevada Building 5th Floor, Suite 530 7251 West Lake Mead Blvd. Las Vegas, NV 89128
Mr. Donald Curtis Kudler Esq	(702)878-8778	3202 W Charleston Blvd Las Vegas, NV 89102

Week 6 EOC: Supreme Court Prayer

In Wednesday's oral arguments, the justices considered a dispute over the primarily Christian prayers recited before meetings of the Town Board in Greece, N.Y, near Rochester. Two residents, Susan Galloway, who is Jewish, and Linda Stephens, an atheist, said that being required to sit through Christian prayers in order to attend the meetings violated their 1st Amendment rights to religious freedom. Their lawyer asked the court to require the town to use prayers that did not specifically endorse Christian beliefs or include direct references to Jesus Christ. But the justices, perhaps mindful of the storm created by their ban on prayers in public schools in the 1960s, appeared wary of having government regulate what a minister can say, even at a public meeting."I think it's hard because the court lays down these rules and everybody thinks that the court is being hostile to religion and people get unhappy and angry and agitated in various kinds of ways," Justice Elena Kagan said. But she said that "part of what we are trying to do here is to maintain a multi-religious society in a peaceful and harmonious way. And every time the court gets involved in something like this, it seems to make the problem worse rather than better." I completely agree with “Elena Kagan” they should have just kept the prayer to themselves because rather than making things well and harmonious they just caused a total issue. In my personal opinion I feel that everyone has the right to express themselves, but there is always a time and place for it as well. Unfortunately they chose a wrong scenario to do the prayer, unfortunately some people may be offend for their own personal reasons. I am partially for and against what happened I do believe that everyone has the right to express themselves and that the two women are over exaggerating, but I also believe that there is a time and place for everything and that they might have made some people uncomfortable.” Suppose, the justice said, “the members of the court who had stood responded, ‘Amen,’ made the sign of the cross, and the chief justice then called your case. Would that be permissible?” "I don't feel like ... I'm welcome at my town government anymore," Galloway said in an interview with NPR. "My grandmother had to leave Russia because of the Cossacks. My father had to leave Germany because of Hitler." She feels strongly that Americans must "make sure that our government and religion are separate, because we are a diverse country." This is necessary, she says, to recognize diversity and "protect the minorities' rights." I feel that they just cause a huge controversy over some so small and insignificant in my opinion.

http://www.npr.org/2013/11/06/243290108/supreme-court-case-puts-public-prayer-back-in-the-spotlight

http://www.latimes.com/nation/la-na-court-prayer-20131107,0,4489674.story#axzz2jzFwugjP

http://usnews.nbcnews.com/_news/2013/11/06/21334088-supreme-court-tests-limits-of-prayer-at-official-government-meetings

Week 5 EOC: Midterm

There are many challenges we all face in the internet world now a day some good and some not so good. A couple of issuers or challenge we are currently facing would be identity theft, cyber bulling, and cyber threats. Unfortunately these have been some things that have not been able to fix entirely. One of the issues in cyber threats that I found pretty interesting was when a teen wrestler sued after he was suspended for tweeting that he would “drill” his teammates. His exact words were “I’m boutta drill my ‘teammates’ on Monday.” He says drilling means a hard tackle; his school interpreted the tweet as a terroristic threat. Is this fair, I honestly don’t think so but that’s just my opinion. Cyber bullying has also been a big issue in the internet world around 10 percent of all adolescents in grades 7-9 are victims of internet bullying. 'This type of bullying can be more serious than conventional bullying.” At least with conventional bullying the victim is left alone on evenings and weekends”, says Ann Frisén, Professor of Psychology at the University of Gothenburg. 'Cyber bullying occurs when new technologies such as computers and mobile phones are used to harass or bully somebody. Identity theft has also been a big issue in the world, nobody like having there identity stolen especially when your unknowingly giving it away. Identity theft occurs when someone uses your personal information without your permission like your name, Social Security number, or credit card number to commit fraud or other crimes for personal gain. Identity thieves may rent an apartment, obtain a credit card, or establish a cell phone account in your name, or they may make new charges to existing accounts. There are many places and programs where you can inform yourself of identity theft and how to prevent it from occurring for example “The Identity Theft Resource Center® (ITRC) is a national, non-profit organization established to support victims of identity theft in resolving their cases, and to broaden public education and awareness in the understanding of identity theft. It is the on-going mission of the ITRC to assist victims, educate consumers, research identity theft and increase public and corporate awareness about this problem.”

http://www.abajournal.com/news/article/teen_wrestler_sues_after_he_is_suspended_for_tweet_saying_he_will_drill_his/

http://www.sciencedaily.com/releases/2010/02/100222104939.htm

http://www.stopfraud.gov/protect-identity.html

Week 4 EOC: Copyrights

“Copyrights are a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.” Copy rights are a form of protecting you intellectual property, keeping people from stealing your creations. Unfortunately Copyrights don’t protect against everything for example facts, ideas, systems or methods of operation, but what it does protect is the way they are “expressed.” A good way to protect yourself from Copyrights is, staying away from thing that are copyright especially when you’re planning on using it for your own benefit. This is usually called an infringement which occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.  Fortunately when it comes to your creations your work is protected at the moment it’s created and fixed in “tangible form.” If you publish or use the creative work of others, their trademarks, or certain confidential business information without the permission of the owner, you may be exposing yourself to legal liability for violations of intellectual property law.” “Fortunately, if you allow your site's user to post this type of content you can protect yourself from copyright infringement claims under the Digital Millennium Copyright Act as long as you establish effective "notice-and-takedown" procedures, promptly remove content when a copyright owner notifies you that it is infringing, and have no knowledge that the material in question is infringing. Best thing you can do for your protection is to just keep all your work Copyrighted, and to keep anything and everything protected your never know when you may come up with something good that may be worth tons last thing you want is to have it stolen!

http://www.copyright.gov/help/faq/faq-general.html

http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims-based-user-content

 

 

 

Week 3 EOC: PG&E Case

“In 1996 PG&E settled the case for $333 million. This was the largest settlement ever awarded in a direct-action lawsuit in the history of the United States. The lawyers received forty percent, which was a little over $133 million. As in the film, attorney Ed Masry rewarded Erin Brockovich with a $2 million bonus. The more than 600 Hinkley plaintiffs, many of whom had become seriously ill, were in the end left with $196 million to be divided between them. On average, each victim received $300,000.”

Erin brokovich received 2 million dollars after winning the case for PG&E, a well earned 2 million in my opinion!  But when it comes to the victims I personally believe that, that was still a pretty low amount each victim received I mean there were very Sevier damages caused to the victims there lives will never be the same thanks to PG&E. The victims will have to live with their illnesses for the rest of their lives; I feel it’s very unfair! I believe that the reasonable amount for each victim would have been at least $500.000, these are illnesses they have to live with some may be disabled for the rest of there live and may not even be able to work, $300,000 is still a very low amount in my opinon.

“Not all of the victims were happy with the amount of money that they were given. After being billed an extra $10 million for undetailed expenses and having to wait nearly six months after the $333 million had been deposited by PG&E, many of the victims were unhappy with the sum of money that they had been rewarded. The lawyers determined this sum confidentially by various factors, including the severity of their ailments. On average, this came to $300,000 per victim, as stated previously. Some did receive several million. Others received less. For example, Dorothea Montoya received $60,000; Christine Mace got $50,000; Lynn Tindell $50,000; Tiffany Oliver got $60,000.

 Plaintiff Carol Smith argued, "It didn't make sense why my husband, who's had 17 tumors removed from his throat, got only $80,000." After the residents, including Smith, were told that their awards would be based on their medical records, some claimed that their medical records were never looked at, "...no one ever looked at my medical records," said Carol Smith. "I'm sure of that because my doctors told me so after I asked." As a result, some of the plaintiffs appealed their settlements, seeking sums that they felt were more justified.

http://www.chasingthefrog.com/reelfaces/brockovich.php

http://usatoday30.usatoday.com/money/industries/energy/2006-02-06-pge-settlement-brockovich_x.htm

Salon.com

 

Week 2 EOC: Supreme court

 

Throughout the next couple of months various issues will be occurring in the Supreme Court for example, Same-Sex Marriage, Voting Rights, and Abortion Rights. Same-sex marriage or in other words “The marriage act” issue is that the “Federal Defense of Marriage Act violates equal protection guarantees in the Fifth Amendment's Due Process Clause, as applied to same-sex couples legally married under the laws of their own state. The issue with Voting Rights or in other words, “Shelby County, AL v. Holder; Nix v. Holder” are the “Continued use by the federal government of the key enforcement provision of the landmark voting Rights Act of 1965.

 

“ The last issue I chose is Abortion Rights or “Oklahoma v. Barber”. The issue is that “Constitutionality of state "personhood" laws saying life begins at conception, and giving human embryos the rights and privileges of citizens.” In my personal opinion I am for abortion rights I firmly believe that every woman has the right to decide whether or not to carry a child, there may be many circumstances why a woman would abort for example incest rape even. I feel that the personhood law would just cause more chaos, in the way that there will be more orphans mistreated children (child abuse).

 

There’s always a way around the law and people will eventually find it, I think that if they were to approve that law people would just got to a different country to get it done anyway. I feel that morally it’s a life but rationally it’s just a fertilized egg, there no form of a child yet. Why carry an unwanted child that is just going to come to this earth and suffer. Just like the argument side of the “Supporters of the measure say voters should be given the right to decide a critical issue like defining life, and said it was unfair for the courts to block the law before it was enacted. Opponents counter it would essentially block abortions even in case of rape, incest, or when the mother's life was in danger. They also say it would severely restrict use of contraception and in vitro fertilization.”

http://www.cnn.com/interactive/2012/10/politics/scotus.cases/index.html

 

 

Week 1 EOC: About Me

As a Digital film and video professional my plan on making my business successful is to demonstrate great tactics to my employees to help provide an outstanding service to the customers. Film and Video have always been something I’ve been interested in doing, not to mention I’m very passionate about. I have always been inspired by all the magnificent films and videos I’ve watched in my past. My goal is to satisfy all of my customers to the fullest extent, by giving them exactly what they ask for, and maybe giving them a couple of suggestions that might make the project a success. One of my most important things for me is having a reasonable price and wonderful customer service so they always come back for more. I love meeting and working with people and explaining what my company is all about. For as long as I can remember film has always been in my life, whether it in watching movies or watching as family works in that industry.  What really got me inspired in working in film is my family; many members in my family have worked in the industry for many years, from my great grandfather to my uncle in Mexico. Film has always been involved in our family. There’s nothing I would love more than to follow in their footsteps and make them proud, by succeeding in my company!