Thursday, November 21, 2013

Legal Authority

I reached out to a personal contact, Kimball Jones, via email versus trying to find a new source because I already have an established relationship with this lawyer. As an introvert, I often find it difficult to initiate a conversation with people beyond casual small talk, particularly in regards to a matter as important as someone’s time that is usually billable. “The high cost of developing intellectual property, combined with the low cost of reproducing it, makes it particularly vulnerable to theft.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) I am familiar with Kimball due to being a previous client of his and therefore trust his knowledge on the matters of law, despite Intellectual Property not being his expertise. Kimball is located locally in Las Vegas and normally specializes in Personal Injury cases, but was very forthcoming in helping me to understand my rights. “The value of land lies in the owner's right to exclude, to prevent others from entering it. Intellectual property, however, has little economic value unless others use it.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) As I did not call him directly, I did not have to worry about the run-around that I might encounter with a secretary, and Kimball has responded to each of my emails promptly.

Initially, Kimball was hesitant to assist me in this project because he does not specialize in the subject, but after I explained to him my hesitance to contact other lawyers who would not want to give me the time of day, he agreed to do a little extra homework on his end, if necessary, to help me. “Because intellectual property is nonexclusive, many people see no problem in using it for free. But when consumers take intellectual property without paying for it, they ensure that fewer of these items will be produced.” (Introduction to Business Law, Beatty/Samuelson, pg. 502)  Through our mutual understanding of tackling this subject together, and during the course of the Thanksgiving holiday break, it required several correspondences between the two of us to find solid answers to my questions as well as my concerns over what I will encounter as a photographer.

Kimball was an excellent choice for me because both of our patience and dedication was equal in coming to a conclusion in this interview. He helped me to understand beyond the wording of my questions and how they pertained to my field in particular, as well as how I could benefit from protecting my intellectual property as a professional. “The holder of a copyright owns the particular expression of an idea, but not the underlying idea or method of operation. A work is copyrighted automatically once it is in tangible form.“(Introduction to Business Law, Beatty/Samuelson, pg. 506)  It was a great learning experience, as well as a good reality check to discuss my future endeavors with Kimball.

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