Thursday, December 16, 2010

Week 11 Final Evaluation: Forced Choice

In order from best to worst, here are my choices.
1. Angel Audio Production - Angel, Renferd K
2. Cajogi Designs - Hardy, Tyrone
3. Terheide Designs - Terheide, Melinda M
4. Chelz Productionz - Lucero, Chelsea Elizabeth
5. Rockabilly baby Design - Hayford, Kristin
6. Stratoflyer76 - Howard, Brett Carroll
7. Primary Design - Lee, Sean Anthony
8. MaDeiRich Photography - Uy, Maria Feinila D
9. GADesigner - Cordova, Jake Charles
10. Raymond Game Production - Hearty, Raymond
11. Everetts Blog - Hearty, Raymond
12. VE&MG – Orton, David
13. Colorblind production - Hearty, Raymond
14. Casey Photography - Hearty, Raymond
15. Eduardo’s Fashion World - Hearty, Raymond
16. Bowman Life Studios - Hearty, Raymond
17. Keith_Hasson ailv - Hearty, Raymond
18. Eric Beymer Photo – Beymer, Eric
19. Charles Animation - Hearty, Raymond
20. MogulVision - Hernandez, Edwin Jess
21. Ozzy_702 - Lopez, Osvaldo
22. rmsFilms - Silvera, Richard Michael,, Jr
23. Boys Grow Up - Spencer, Randi J

My Opinion

I took issue with a few of the opinions on the questions I had. Mostly with the Princess Diana incident. My initial thought, even remembering back to when it happened was that the paparazzi were clearly at fault for her death. It was the photographers who harassed her, it was the photographers who chased her in her car forcing her driver to drive recklessly in order to escape the marauding terroristic photographers who were greedily trying to pry into her personal life for a profit. Shame on them, they committed manslaughter at least and they should have been punished.
But my mind was changed, and I began to realize that the fault was with the driver. He was not running away from imminent danger, just a bunch of photographers. It was the driver who was responsible.

Rule of Law

To summarize what I have learned through this project, it is clear that the laws regarding the rights of photographers is a lot more forgiving than I originally thought. A photographer in public is free to shoot just about whatever he or she desires. However, having learned what I have, I see it absolutely necessary to carry a few model releases whenever I embark on a photographic journey just in case. In this world of sue-happy people, one cannot be over protected, and a model release is just a signature protecting me in case I take a really good photograph. The bottom line is: CYA but don’t let being cautious stifle your creativity.

Wednesday, December 15, 2010

Reasoning of the Law

The lawyer I interviewed was forthcoming with information on the law as she understood it. She was, however, careful with her answers. But the logic was clear, and I sometimes would tend to disagree with the opinions on the laws, she explained points that I had not considered. I dare say that lawyers study hard to achieve that title, and they have to because the laws which govern our society are not entirely left up to "common sense." There are legal precedents and court rulings on cases that baffle the smartest minds. Apparently, that's why we have the supreme court.

A tiny village could be left to the wisdom of the great elder, but a city... A city like Las Vegas needs many professionals to interpret the law and maintain a civil society.

We need Lawyers.

The Questions

These are questions that I carefully considered as I will soon embark on a career of photo/videography. I tried to imagine issues that I may encounter and I searched the internet for issues that other photographers have gone through. I used issues that I as a videographer had encountered, and learned a lot. However, I have also learned that nothing takes the place of a real lawyers advice. Advice that I can call on and use to defend against overzealous authority figures who are willing to push me around on the gamble that I don't know my rights.

Legal Authority

The lawfirm of John Peter Lee was not an "ideal" choice for me as they do not specialize in copyright law. They were however receptive to my needs and willing to take the time to answer my questions. I made contact with the firm through networking. A fellow student handed me their card and suggested that I give them a try. This could not have come at a better time as I was finding that some firms out there were not good at returning a phone call. "Ideal" choice or not, Yvette, had the knowledge and was willing to steer me in the right direction.

Legal Questions

1. Q. A man and his son under the age of 18 were attending a public event. A photographer snapped a picture of them unknowingly. The picture ended up on an advertisement for the event a few weeks later. Are the father and son entitled to compensation for use of the photo.?

A. While the man is certainly entitled to hire the services of a lawyer and seek compensation, he should not get his hopes up. Any person, while in public , cannot reasonably expect privacy. There are exceptions to this rule, but generally speaking, in public, there is no privacy.




2. Q. An amateur videographer sets up a tripod on the sidewalk in front of a major Las Vegas hotel and begins filming the front of the hotel. He is not a professional cameraman, but his high-end equipment gives the impression that he is. Hotel security asks him to leave. Do they have that authority?

A. They can certainly “ask” him to leave and if he does so then they win. But a person taking pictures (video) from a public place of private property as long as the private property is visible from public property is free to do so.




3. Q. A guy works as a laborer for a company that does home decorating. The owner found out that he was good at photography and asked him to shoot some photos. Since being let go,
he noticed his photos were being used by the company on their website. He asked that they stop using his photos but was told that he has no legal right to them as there was no contract.

A. Without a contract, the photographer has a tough battle to fight. Typically, a company that hires a photographer will take copyright of any photos he or she shoots. The employee was paid for the time during which he was taking photographs regardless of if that was his official title.




4. Q. I have a portfolio website. The photos that I display on that website showcase my talent
and advertise my work in hopes of attracting new clientele. Is my portfolio considered “commercial?” Can I be forced to pay compensation to a person photographed in one of my portfolio photos?

A. Generally, a portfolios work would not be considered “commercial” unless the portfolios owner was directly soliciting sales of the work.




5. Q. A person has copied an image from my own website, changed the coloring, and now represents it as their own. Is this considered infringement?

A. Yes. A person cannot take an original work and change it slightly without being subject to intellectual property law. So long as the original creator can be proven.




6. Q. Nine photographers were charged with manslaughter in the death of Princess Diana. The charges were later thrown out. Do you agree?

A. As sad a case as it was, the true blame should be placed on the irresponsible driver who was speeding. The driver was not speeding away from harm, just photographers.




7. Q. It seems that celebrities cannot step one foot out of their house without being photographed. When does it become harassment?

A. It becomes harassment when a photographer impedes a person from traveling along a path. Aside from that the same privacy rules apply. In public, there is no privacy and a person walking down the street can be photographed with or without his or her knowledge.




8. Q. Do I really need to have a copyright C on my photographs in order to make ownership official?

A. Not really. In the case of a portfolio folder or online portfolio, a single copyright notification concerning the body of work should be sufficient.




9. Q. Do I need a model release if I am shooting the photos on my own property?

A. You should always get a model release if you intend to use a person’s likeness to make a profit. Whether you own the property the photos were taken on should have no bearing.




10. Q. Does a police officer have the legal right to confiscate my camera?

A. As long as cameraman was acting within his or her own rights, a law officer cannot confiscate property. And if it happens, be sure to get information especially what legal right the officer is using to take possession of your property.

Thursday, December 9, 2010

Week 10 EOC

Erin Brockovich vs. Daniel Kearns


In comparison of these two movies, I would have to say that they each come from a completely different style of filmmaking. While they both share a common theme, I think that the writers had very different intentions with each script. The title of the movie concerning Daniel Kearns was Flash of genius. It was about an inventor who had his idea stolen by a huge corporation and set out to claim his invention, not just a settlement as in a lot of court cases, but he wanted his name on his own invention. It was the principle of the matter that was his major concern. Erin Brockovich, on the other hand, concerned a class action lawsuit against another huge corporation. But in this story, many human lives were affected. The story of Erin Brockovich was an emotional one much more in my opinion than Flash of Genius. Erin Brockovich involved many people whose health was affected in a really bad way by a unethical corporation. Flash of Genius told the story of a one-man fight against a car manufacturer. A man who turned down a huge sum of money that would have provided for his family’s future simply for the fame of having his name recognized.

Funny Lawyer Jokes

What happens when you give Viagra to lawyers?
They grow taller!

How does an attorney sleep?
First he lies on one side and then on the other!

What do you call a lawyer with an IQ of 70?
Your honor.

courtesy of: http://www.swapmeetdave.com/Humor/Lawyer.htm

Thursday, November 18, 2010

Lawyer List

Lawyer List
1. http://www.lawbybarry.com/ - Barry Levinson
2. http://www.aok-law.com/ - Odunze & Kang
3. http://www.mcfarlinglaw.com/ - McFarling Benson
4. http://www.reynoldslawyers.com/ - Renolds and associates
5. http://www.gtkaw.com.com/ - http://www.mcfarlinglaw.com/
6. http://www.mcfarlinglaw.com/ - Kostiw Law Group
7. http://www.klnevada.com.com/ - Robert Caldwell
8. http://www.parsonsbehlelawcom/ - Parsons, Behle, Latimer
9. http://www.weintraub.com/ - Scott M. Hervey
10. http://www.marklitwak.com/ - Mark Litwak

Contract Law Questions

Contract Law
“Questions”


1. Shootoing on private and public property. Where is the line drawn between the two?
2. If the property is private, what right does the owner of the property have to throw you off the property for taking photographs?
3. Do celebrities and other public figures give up their rights to privacy in exchange for fame and fortune?
4. In design, how much of a percentage of change do two similar products have to be in order to avoid a lawsuit?
5. A fashion designer leaves a company and takes a large portion of the company’s clientele. Can the parent company sue?
6. What are the limits for #6?
7. Righthaven. Is forcing people to give up their Web Domains for posting another websites material legal? How much of a right do they have?
8. Can any image be trademarked?
9. Reusing a logo. How much credit do you have to give to the original designer?
10. How much of a song can you use before it is copyright infringement?

Thursday, November 4, 2010

Week 5 EOC

Lawyers Looking for Fame

Every now and then, a case goes to court that draws a lot of attention. The attention is drawn not because of its importance in lawmaking, but because of its likeliness to end up in the Supreme Court.

The people who are paying attention to these cases are high powered lawyers from prestigious law firms. So-called “respected” firms that are held to a level which one would assume that the firm had only the client’s best interests in mind when it took on the responsibility. But here is what the firm really had in mind: Arguing a case in front of the Supreme Court. To stand before the supreme court justices means prestige. It means that you get to say that you have been there and done that. And it also means that you as a law firm can attract more high-paying clients because the fact that you argued a Supreme Court Case is the ultimate street cred among lawyers.

This sort of behavior is everywhere. In 2005 Saddam Hussein’s top lawyer quit amid allegations that he was in it for the money. “Al-Khasawneh became Saddam's chief lawyer in November, weeks after the dictator's family dismissed Mohammed al-Rashdan, a prominent Jordanian lawyer who led the defense team, accusing him of seeking fame in the high-profile case that has drawn world attention.” Associated Press.
In 2008, an independent trader took a $600.00 loss buying and immediately selling back 1,000 oil barrels, causing a $100-a-barrel oil price surge that raised gasoline prices for everyone. "A local trader just spent about $600 in a trading loss to buy the right to tell his grandchildren he was the one who did it. "Probably he is framing right now the print reflecting the trade," he added. Stephen Schork, a former trader at Nymex and editor of the oil market Schork Report told the Financial Times.

Recently, this idea took a different twist. In the case of a murdered two year old child, a top forensic lawyer quit the case. It was speculated that she quit merely because it was not drawing her enough attention and thus did not merit her efforts. “My question is, did Linda Baden really step down because of financial reasons or does she now feel like the defense is going to lose their case and she would rather not be a part of a losing team?” Blogger news network.
But when it comes to matters that are so difficult to call that they reach the Supreme Court, there is no place for a glorified ambulance chaser just looking to buffer his firms image and attract more money.

Thursday, October 28, 2010

Week 4 EOC

My Experience

WOW. That was awesome.
I had a feeling that this Jeopardy game would be a great way to learn patent law vocabulary. Kit had to be if we were going to remember any patent law definitions. Things like this tend to be forgotten by me but I think that I will always remember:

Misuse of patent.
Patent Application.
And,
Fees

At Least.

I have never seen a group project get everyone so involved. I don’t think a single person missed class tonight and those who were here definitely received a learning experience that they will remember. More importantly, I don’t think that I have ever been more prepared for a midterm test. Having found out that the test will be on nothing but vocabulary I am prepared. I am going into this test with an automatic bonus of 42 points due to my teams performance in the Jeopardy game tonight, so I will study, but not stress. And not stressing is important to me.

Someday in the not so distant future I will think about this class as I am filling out a patent application and I will remember playing Jeopardy as I easily recall the definitions of the words on the application forms. More importantly, I will not require the services of a patent lawyer.

Thursday, October 14, 2010

Week 2 EOC : What do I think of Lawyers?


After watching the movie “Erin Brockovich,” the question was asked: What do you think of lawyers?

Lawyers certainly serve a purpose. As in the case of the people of Higley in the movie, they were there to defend the “little guy” against a huge deep-pocket corporation. This corporation was worth 28-billion dollars and certainly had the power to keep these people quiet unless a law firm of intelligent people motivated by the pursuit of truth and justice were to step in. Not a huge law firm necessarily, just one interested in doing right for people who fall victim to powerful corporations. This type of law requires work and lots of it. Extensive research and interviews, pouring through countless documents and listening to endless testimonials. And to top that off, some of these law firms will do this kind of work for free.

There’s another type of lawyer. The one commonly referred to as an ambulance chaser, or a bottom-feeding, scum-sucking, slime-bag in some cases. These lawyers find it easier to go after the easy money. They don’t help people, they prey on people. They look for car accident victims, slip and fall accidents, and old ladies that spill coffee on themselves. In particular, they look for rich companies to blame for someone’s negligence while using their products. This gives the overall term “Lawyer” a bad image in most people’s minds and certainly casts a negative light on a good lawyer who really just wants to make an honest dollar.

So, what do I think of Lawyers? I think they’re great… When YOU need them. When YOU hired one. When YOU were taken advantage of etc. Not when they came to you with a neck brace and a cane. Lawyers are a necessary evil in a society governed by an extensive list of laws where no one could possibly be expected to know all of them. Lawyers strike a balance in the system and if we didn’t have them we’d be in trouble.