Week 11: Final Evaluation: Forced Choice

For this entry we are suppose to rate our classmates blogs from good to bad. . . this is how I see everyone did. . . .

 

 

 

1.       Reininger, Zachary

I put Zach as my first because his blog was so well organized, and flowed very well. Also because I just love his about me, very forward and self-explanatory.

 

2.       Khwaja, Amer

I put Amer as my 2^nd because of his final project posts, how he put his examples in with all of the quotes and it because it was so easy to read.

 

3.       Booth, Alicia

Reasons for putting me in 3^rd are because I worked really hard on keeping up with things and I also put a lot of work into my blog. Even without having a lawyer I managed to pull everything together and I think that counts for a lot.

4.       Cameron, Kylie

I put Kylie in 4^th is also because to me she met all the stuff needed to make her blog finished. Also, I love the name of her blog and her photo is funny.

5.       Stephens,Briana Lynne

I think the reason I put Briana as my number 5 is her blog is at an average for me. Everything was easy to read, the blog is finished. But, It’s just not one of my favorites from the class.

6.       Sua, Christopher

Chris was put as my number 6 because even though he finished the final and everything was in place where it needed to be, his blog was very plain.

 

7.       Carrillo, Andrea Elizbeth

As much as I enjoyed Drea’s blog it was not complete, I put her at 7 because even though her blog was not completed and was missing some stuff. It is one of my favorite blogs. I love her background, all the pink, and her name . . . dr.drea. It’s great

8.      Munns, Lisa Jae

Although her blog was not complete, I feel she did an ok job with it.

 

9.       Ramirez, Bryan

I put bryan at 9 because his blog was nowhere near finished or in place.

         10.   Allen, Jonathan Thomas

He was never in class, although he always pointed out good points with his blog, it was not finished.

Final: My Own Argument & Opinion

I would have to say that there is way more I agree with, than disagree in dealing with these rulings and these laws. I think that the law with copyrights and trademark is overlooked upon. Most people dont understand these rulings. Which is more than likely why there are many that end up getting sued or are facing payment fines. I like the fact that (when an author independently creates a work, it is then considered original, even though it may be highly simular to another work created by someone else). Photography is over rated and anybody can take photos and then call themselves a photographer. I have many photos that may look slightly simular to someone else's but all in all, my images are different, in my own creative way. Copyright law is very important when it comes to photography and someones work (images). Its nice to know that your work is protected by these laws and that you are able to take action when it comes to theft of anything that copyrighted as your own. (Infringement action, a lawsuit brought against someone who uses a copyrighted expression without any permission). I understand so much more about copyrights now than I did before and I know that if I ever come into any trouble with any of my copyrighted work, I know that the first thing to do is hire a lawyer. They know the law way more than I do and they will know the proper actions to take if anything goes wrong with my copyrights or if any of my images are stolen. I pretty much over all agree with these rulings, I thought there may be some I disagree with, but I totally agree with all copyright laws. I like the fact that someone can be sued for stealing someones art that is not theirs (The copyright owner controls the use of the work, and any person who uses it without proper "permission" could be sued for financial damages. The main reasoning to acquire permission is to avoid a lawsuit).

Final: Rule of Law

The brief summary of the questions involved with this process has a lot to do with the law of copyrights and watermarked images. Also with, when and where it is ok to take and publish photographs. Its always good to know what to do when someone try's to steal your images and try to make them their own and also understand what legal actions one may be able to take when and if this were to happen; fines, by law or even by the courts. 

For background information I will be quoting some things from the book and they will be posted in the color White.

(Patent, Copyright & Trademark, Edition 11, NOLO, Author: Attorney Richard Stim.)

Actual damages for copyright infringement; A court may award a dollar amount in actual damages in a effort to approximate the real dollars a copyright owner lost as a result of the owners copyrighted work being copied by someone else without proper authorization. Author as owner of copyright; With two major exceptions, a person who first creates a work of expression is generally considered to be the author and by virtue of that status, the owner of the copyright in the work.Authorized used of copyrighted material; A person accused of infringing another's copyright may seek to prove as defense that the use was authorized, usually through a license or other transfer.Cease & desist letter; The opening in any copyright dispute is usually a cease and disist letter from the copy right owners attorney. This letter informs the alleged infringer of the validity and ownership of copyrighted work. Copyright; Consists of a bundle of rights held by the author or developer of an original work of authorship.Criminal copyright infringement; Can be treated as a federal crime under the Copyright Act. Freedom of speech & copyright protection; Prohibit speech that would infringe on somebody's copyright. For example, a court can issue an injunction to prevent the publication of material that would damage a copyright owner by infringing on a copyright. Independent creation; When an author independently creates a work, it is then considered original, even though it may be highly simular to another work created by someone else. Infringement action; A lawsuit brought against someone who uses a copyrighted expression without any permission. Innocent infringement of copyright; Copyright infringement can sometimes be accidental. An author may honestly believe based on circumstances, that a work is not protected under copyright. This is especially true if the copyright owner has failed to place a copyright notice on their work. Licensing of copyrights; A method by which the owner of a copyright gives permission for another to use or copy an original work of authorship. Notice of copyright; For any work published in the United States prior to March 1, 1989, a copyright notice is required to preserve the copyright in the work. For example: ©. Performing a work; The exclusive right to perform a work is one of the bundle of rights that make up a copyright. Performing a copyrighted work without obtaining permission from the copyright owner constitutes to a infringement of copyright. Permission; Many kinds of media publications use words, music, and imagery that are protected by copyright laws. Copyright protection extends to any original work regardless of who created it and permission is required for reproduction, display, or distribution of the work created. The main reason for acquiring permission is to avoid a lawsuit. The copyright owner controls the use of the work, and any person who uses it without proper permission could be sued for financial damages. Photocopies & copyright law; In situations where photocopying is discovered by a copyright owner and it appears that sales of the item being copied may be adversely affected, therefore a copyright lawsuit may be the result. Photography; Photographic images are protectable under copyright law whether in print or in digital format. The photographer is considered the author and original owner of copyrighted images. Public domain-copyright context; Any work that is not protected under copyright law is said to fall under the public domain. This means that anyone can use the work without obtaining any permission from the author. Registration; Registration is not required to obtain copyright. The author acquires the copyright automatically once the work is fixed. Work made for hire; Concept is that the copyright of a work made for hire belongs either to the party who commissioned it or the employer (depending on the situation), not the party who created it. It is the kind of work the employee is paid to perform, it is prepared substantially within work hours at the workplace, and it is prepared, at least in part, to serve the employer. 

Final: Reasoning of the Law

Thinking process and logic for this final is just as this; I could not find a lawyer to answer my questions for me so, my thinking process became a lot more difficult seeing as I am not a lawyer and I am not very smart when it comes to law of any kind. I googled a lot of copy right issues and stuff, to try and get a better understanding of copyrights and legal photography issues. Its a lot harder to do without a lawyers opinion. But, Im doing my best. First and formost for logic is understanding and knowing what a copyright is and a lot about what to do with copyrights legally. For example, how long does a copyright last? The thing is, no matter what the issue, you should always obtain a lawyer that way even if you do not have a great understanding of the law, you have someone who can back up information and help give you better advice for the things you dont understand about law.

Final: The Questions

Problems in society that concern me about photography: 

1. If I was to post a photo on a personal website that I did not take and I do not own? What could possibly be the consequences for doing so?
2. If I do not copyright or watermark my own images and someone were to steal them, what legal action could I take?
3. Can I take photos of people at a park or a mall or other public places without their permission, what are the legal limits to using the photos for other projects?
4. Do I need to put the © notice on my photos?
5. If I were to get all of my photography copyrighted, how long does a copyright last?
6. Who owns the copyright in a photograph once it is taken?
7. If I don’t register my copyright for my photos properly, do I still own the copyright to my photos?
8. What is the difference between copyright and creative commons?
9. If I take photos on private property, could the owner of the property take my film or my camera if they do not want the pictures taken?
10. Is it against the law to take photographs of children on the street, and would I need a parents permission?

Final- Legal Authority

In recent weeks during trying my best to finish this final project, I have come up short with finding a lawyer to answer my 10 questions. I have called and emailed more than 30 lawyers and only 4 lawyers have returned my calls and only 1 answered by email. All 3 lawyers demanded money for a half hour of their time. There was 1 lawyer that was more than willing to answer my questions and when I sent them to him, he told me he was not a property law lawyer and did not know how to answer my questions on photography and copyright. I also understand that for this project we were to find a lawyer, I have done the best I could do with this and in another words I failed. Therefore, I am still going to do my best to pass this course by trying to answer the questions myself by using the internet. 

Week 10: EOC- Lawyer Jokes

What Do You Call 5000 Dead Lawyers At The Bottom Of The Ocean?
A Good Start.

http://www.ahajokes.com/law001.html


Whats The Difference Between A Female Lawyer & A Pitbull?
 Lipstick

http://www.iciclesoftware.com/LawJokes/IcicleLawJokes.html#QandA


How Can You Tell When A Lawyer Is Lying?
His Lips Are Moving

http://brainden.com/lawyer-jokes.htm


 How Many Lawyer Jokes Are There?
Only 3, The Rest Are True Stories.

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


What Do You Call A Lawyer Gone Bad?
Your Honor

http://www.lawyer-jokes.us/