Q: What do you call a lawyer with an IQ of 100?
A: Your Honor.
Q: What do you call a lawyer with an IQ of 50
A: Senator.
Q: What' the difference between a lawyer and a boxing referee?
A: A boxing referee doesn't get paid more for a longer fight.
Q: How does an attorney sleep?
A: First he lies on one side, then he lies on the other.
Q: What's the difference between a lawyer and a liar?
A: The pronunciation.
Q: How many law professors does it take to change a light bulb?
A: Hell, you need 250 just to lobby for the research grant.
Source.
Thursday, December 5, 2013
Thursday, November 21, 2013
Your Own Argument and Opinions
I did not initially agree with much of the red tape concerning something as simple as taking a photograph, although I understood the litigations behind it all. The heart of my passion for photography has always resided in photojournalism, and although I do enjoy fun photo shoots just as much as the next photographer, I would be much more content simply documenting the world as it unfolds and reporting it back to the people. However, it’s not nearly that simple, and anything in enjoyable in life rarely is. “On the one hand, the owner can produce and sell unlimited copies of, say, a software program; but on the other hand, the owner has no easy way to determine if someone is using the program for free.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) Although many people do not obey the laws of copyright or the constraints of fair use, these laws are put in place to – get this! – actually help.
Artists, writers, musicians, and inventors of the world need these laws in place to protect themselves as well as what they’re sharing with the rest of us. “Some commentators suggest that the United States has been a technological leader partly because its laws have always provided strong protection for intellectual property.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) I am the type of personality that flourishes on fact and logic versus emotions and dreams, but even I can become weighed down with the enormity of the technicalities involved with law and business – especially as an art type! It’s difficult to find this subject matter appetizing in any shape or form, but it is necessary, and sometimes what is best for us isn’t the most inspiring of things. It is these particular laws, however, that allow us to be creative without penalty or at the expense of someone else. “The Anticybersquatting Consumer Protection Act permits both trademark owners and famous people to sue anyone who registers their name as a domain name in ‘bad faith.’” (Introduction to Business Law, Beatty/Samuelson, pg. 512) There will always be some form of theft online because it is unavoidable and because many people do not know that they are violating any laws, but that is where it is our responsibility as professionals and creators to not only know the laws, but to educate others and to enforce those laws – because we may not always be able to rely on lawyers to do the work for us.
Artists, writers, musicians, and inventors of the world need these laws in place to protect themselves as well as what they’re sharing with the rest of us. “Some commentators suggest that the United States has been a technological leader partly because its laws have always provided strong protection for intellectual property.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) I am the type of personality that flourishes on fact and logic versus emotions and dreams, but even I can become weighed down with the enormity of the technicalities involved with law and business – especially as an art type! It’s difficult to find this subject matter appetizing in any shape or form, but it is necessary, and sometimes what is best for us isn’t the most inspiring of things. It is these particular laws, however, that allow us to be creative without penalty or at the expense of someone else. “The Anticybersquatting Consumer Protection Act permits both trademark owners and famous people to sue anyone who registers their name as a domain name in ‘bad faith.’” (Introduction to Business Law, Beatty/Samuelson, pg. 512) There will always be some form of theft online because it is unavoidable and because many people do not know that they are violating any laws, but that is where it is our responsibility as professionals and creators to not only know the laws, but to educate others and to enforce those laws – because we may not always be able to rely on lawyers to do the work for us.
Rule of Law
As a beginning photographer, you are unaware of just how much the law is involved with your work, as well as others’. Kimball went out of his way to help me understand an area that he didn’t specialize in so that I could obey the law and take my photography as far as possible within the perimeters of that law. “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 Law, Beatty/Samuelson, pg. 508) Like with most laws, intellectual property laws can be extremely touchy. There are many ways around particular things, as well as ways to entrap someone. For instance, some symbols cannot even be registered if they are easily recognizable and distinctive to something else already held in copyright.
The basis of this discussion was creative content ownership to set precedence that deals with intellectual property and copyright. In summary: all of your photos that are your original works are protected, and copyright is the only form of protection for photos. It is important to note the allowances in what is legal to do during public events (re: a sports game, for example) in order to prevent copyright infringement if you have posted photos without permission, as well as to protect your own photos and similar content. If someone is using a similar logo, for instance, and yours is trademarked then that is trademark infringement and you have the right to pursue legal action. “A trademark is any combination of words and symbols that a business uses to identify its products or services and distinguish them from others.” (Introduction to Business Law, Beatty/Samuelson, pg. 509) Many businesses trademark their logo, or brand, to distinguish themselves from competitors.
There are endless lists of companies that have successfully trademarked a word or symbol that is synonymous with their company brand (re: Nike, et cetera). “Under common law, the first person to use a mark in trade owns it. Registration under the federal Lanham Act is not necessary.” (Introduction to Business Law, Beatty/Samuelson, pg. 509) However, in conjunction with registered copyright, it is important to note the benefits of a registered trademark versus assuming a trade ownership. “Even if a mark has been used in only one or two states, registration makes it valid nationally. To be valid, a trademark must be distinctive—that is, the mark must clearly distinguish one product from another.”(Introduction to Business Law, Beatty/Samuelson, pg. 510) A basic understanding of these registrations will not only help you determine your own protection for your property and business, but it will prevent you from violating a competitor’s rights.
The basis of this discussion was creative content ownership to set precedence that deals with intellectual property and copyright. In summary: all of your photos that are your original works are protected, and copyright is the only form of protection for photos. It is important to note the allowances in what is legal to do during public events (re: a sports game, for example) in order to prevent copyright infringement if you have posted photos without permission, as well as to protect your own photos and similar content. If someone is using a similar logo, for instance, and yours is trademarked then that is trademark infringement and you have the right to pursue legal action. “A trademark is any combination of words and symbols that a business uses to identify its products or services and distinguish them from others.” (Introduction to Business Law, Beatty/Samuelson, pg. 509) Many businesses trademark their logo, or brand, to distinguish themselves from competitors.
There are endless lists of companies that have successfully trademarked a word or symbol that is synonymous with their company brand (re: Nike, et cetera). “Under common law, the first person to use a mark in trade owns it. Registration under the federal Lanham Act is not necessary.” (Introduction to Business Law, Beatty/Samuelson, pg. 509) However, in conjunction with registered copyright, it is important to note the benefits of a registered trademark versus assuming a trade ownership. “Even if a mark has been used in only one or two states, registration makes it valid nationally. To be valid, a trademark must be distinctive—that is, the mark must clearly distinguish one product from another.”(Introduction to Business Law, Beatty/Samuelson, pg. 510) A basic understanding of these registrations will not only help you determine your own protection for your property and business, but it will prevent you from violating a competitor’s rights.
Reasoning of the Law
I don’t always find myself on the same side of agreement with many people in regards to the law, but with enough sound logic, it doesn’t take a lot to convince me. Like any decent lawyer should, Kimball advised me to establish an LLC once I get myself settled in my new state of residence and inquire about the necessary documents within their jurisdiction. “An LLC offers the limited liability of a corporation and the tax status of a partnership.” (Introduction to Business Law, Beatty/Samuelson, pg. 377) Although I have always been hesitant to pursue the idea of creating my own business, as a photographer, a lot of the work that we are hired for will still be contracted – unless we are working for a larger company and therefore do not have to worry about the logistics. This will help to ensure that my assets and creative content are protected, in the event of difficult or unpredictable times.
Overall, the focus of our discussion was centered on both ideas and the products of those ideas, because a creative concept is sometimes not enough to warrant protection unless it has been implemented. “A patent is not available solely for an idea, but only for its tangible application.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) The basic principle for intellectual property and protecting your right to that copyright is still the same, however: you can copyright the expression of your intellectual property and that cannot be infringed upon, but others can still make derivatives of your work. “Unlike patents, the ideas underlying copyrighted material need not be novel. For example, three movies 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 Law, Beatty/Samuelson, pg. 506) Sometimes, the technicalities can be extremely frustrating, which is why you should know the differences between the types of protection that are available to creators.
Kimball and I discussed what the limitations of a creative commons license were versus that of a registered copyright, and ultimately, it is up to the content creator to decide what is best suited for them – however, if you are seeking to make money on your intellectual property, then you should take all necessary precautions to guard that money with the appropriate copyright. Kimball was insistent – and right – in saying that the most important step to being an artist in the business world is to protect your creative content before worrying about what legal forms you need to run your business. After all, if you don’t protect what will make you money, you may not have a business. “Today, a copyright is valid until 70 years after the death of the work's last living author or, in the case of works owned by a corporation, the copyright lasts 95 years from publication or 120 years from creation, whichever is shorter. Once a copyright expires, anyone may use the material. ” (Introduction to Business Law, Beatty/Samuelson, pg. 507) Unfortunately, despite the steps that we as content creators take, there will always be an instance where we may have to initiate a “cease and desist” or take further legal action. “Many consumers are in the habit of violating the law by downloading copyrighted material for free. They seem to believe that if it is easy to steal something, then the theft is somehow acceptable.” (Introduction to Business Law, Beatty/Samuelson, pg. 508) Living in the digital age, it is almost impossible to track who and what is viewing your information, let alone stealing from you, but once you have taken legal precautions before the theft, you will be covered from damages or loss.
Overall, the focus of our discussion was centered on both ideas and the products of those ideas, because a creative concept is sometimes not enough to warrant protection unless it has been implemented. “A patent is not available solely for an idea, but only for its tangible application.” (Introduction to Business Law, Beatty/Samuelson, pg. 502) The basic principle for intellectual property and protecting your right to that copyright is still the same, however: you can copyright the expression of your intellectual property and that cannot be infringed upon, but others can still make derivatives of your work. “Unlike patents, the ideas underlying copyrighted material need not be novel. For example, three movies 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 Law, Beatty/Samuelson, pg. 506) Sometimes, the technicalities can be extremely frustrating, which is why you should know the differences between the types of protection that are available to creators.
Kimball and I discussed what the limitations of a creative commons license were versus that of a registered copyright, and ultimately, it is up to the content creator to decide what is best suited for them – however, if you are seeking to make money on your intellectual property, then you should take all necessary precautions to guard that money with the appropriate copyright. Kimball was insistent – and right – in saying that the most important step to being an artist in the business world is to protect your creative content before worrying about what legal forms you need to run your business. After all, if you don’t protect what will make you money, you may not have a business. “Today, a copyright is valid until 70 years after the death of the work's last living author or, in the case of works owned by a corporation, the copyright lasts 95 years from publication or 120 years from creation, whichever is shorter. Once a copyright expires, anyone may use the material. ” (Introduction to Business Law, Beatty/Samuelson, pg. 507) Unfortunately, despite the steps that we as content creators take, there will always be an instance where we may have to initiate a “cease and desist” or take further legal action. “Many consumers are in the habit of violating the law by downloading copyrighted material for free. They seem to believe that if it is easy to steal something, then the theft is somehow acceptable.” (Introduction to Business Law, Beatty/Samuelson, pg. 508) Living in the digital age, it is almost impossible to track who and what is viewing your information, let alone stealing from you, but once you have taken legal precautions before the theft, you will be covered from damages or loss.
The Questions
Although understanding the differences between every day legal issues and federal crimes is important, and a part of the curriculum for this course, my primary concern was establishing a list of questions with a business mindset that would both protect me as an artist as well as prepare me for being a business professional beyond school. Thus, my questions are integrated to protect my intellectual property, as well as to provide an understanding of where my rights end and begin as a creator. “Anyone who uses copyrighted material without permission is violating the Copyright Act. Damages can be substantial.” (Introduction to Business Law, Beatty/Samuelson, pg. 507) This will also enable me to protect myself against legal action from future clients.
My questions are worded to place heavy emphasis on copyright and protective ownership and what sort of legalities may create a gray area for the business photographers. Perhaps one of the most important and often overlooked questions to ask is: “do I need permission to photograph this?” The answer is almost always yes, particularly when it comes to buildings or other landmarks. “The doctrine of fair use permits limited use of copyrighted material without permission of the author for purposes such as criticism, news reporting, scholarship, or research.” (Introduction to Business Law, Beatty/Samuelson, pg. 507) This is generally where release forms come into negotiation, but what about people? “Taking a photograph of a person without their permission may violate their right of publicity or their right to privacy. You must also take into account what you will be doing with those photographs [personal use or commercial use].” (Kimball Jones). However, I was advised that it would be very easy to get into trouble as a professional without the proper documents, and that a contract or release form would be very beneficial to me in the long run.
The questions that I was most interested in finding answers to, however, were related to copyright. As an artist, the most significant thing I can do beyond creating visual media is protecting that product – whether I intend to sell that product commercially or not, it is of great import to protect your intellectual property and to prevent others from claiming it as their own. “A work is copyrighted automatically once it is in tangible form.” (Introduction to Business Law, Beatty/Samuelson, pg. 506) Kimball informed that, although registering my images for copyright protection would further protect me in a legal issue, even without the registration I was still the copyright holder. “Registration with the Copyright Office of the Library of Congress is necessary only if the holder wishes to bring suit to enforce the copyright.” (Introduction to Business Law, Beatty/Samuelson, pg. 506)
My questions are worded to place heavy emphasis on copyright and protective ownership and what sort of legalities may create a gray area for the business photographers. Perhaps one of the most important and often overlooked questions to ask is: “do I need permission to photograph this?” The answer is almost always yes, particularly when it comes to buildings or other landmarks. “The doctrine of fair use permits limited use of copyrighted material without permission of the author for purposes such as criticism, news reporting, scholarship, or research.” (Introduction to Business Law, Beatty/Samuelson, pg. 507) This is generally where release forms come into negotiation, but what about people? “Taking a photograph of a person without their permission may violate their right of publicity or their right to privacy. You must also take into account what you will be doing with those photographs [personal use or commercial use].” (Kimball Jones). However, I was advised that it would be very easy to get into trouble as a professional without the proper documents, and that a contract or release form would be very beneficial to me in the long run.
The questions that I was most interested in finding answers to, however, were related to copyright. As an artist, the most significant thing I can do beyond creating visual media is protecting that product – whether I intend to sell that product commercially or not, it is of great import to protect your intellectual property and to prevent others from claiming it as their own. “A work is copyrighted automatically once it is in tangible form.” (Introduction to Business Law, Beatty/Samuelson, pg. 506) Kimball informed that, although registering my images for copyright protection would further protect me in a legal issue, even without the registration I was still the copyright holder. “Registration with the Copyright Office of the Library of Congress is necessary only if the holder wishes to bring suit to enforce the copyright.” (Introduction to Business Law, Beatty/Samuelson, pg. 506)
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.
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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