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/

Week 9: EOC- Letters of Permission

My opinions on the letters are just this, I actually feel like it helped better prepare me for if I, at one point in my life have to write a letter like these ones, I will have some knowledge of how to do so. I was not completely prepared on how to obtain writing these letters. I was actually exptreamly nervous about this project because I was somewhat confused on how to start writing these letters and what to write about and ask these people permission for. I chose to write mostly about stuff that had to do with photography, as I stated before I had a difficult time with this project. I still am a little unsure if I did the letters correctly. But, I did my best and I am happy about this project because I feel im somewhat more prepared now. I talked about my copyrights with photographs, and if I were to use someone else photo how I would go about doing that and if they would grant me permission to do so. I also made sure I stated that all rights of their photos would be signed and documented to them. I also chose to write a letter about the permission to post a link to someone elses website promoting my photos and my own photography website. I also asked if  they would grant me permission to do this, I feel I was very imformed of my asking and I feel I was also very professional towards asking for their permission. Having to do these letters of permission for this class I feel is a great way to start preparing us for when we have to do something like this. I now feel more smarter on the subject and hopefully that when and if I ever have to write a letter of permission to someone, I can sound more professional and be granted and agreed with permission for who ever it may be.

Week 8 EOC: Bratz Brawl

When I was a young girl, I was very fond of my barbies, they were some of my favorite toys as a kid; I had so many barbies, it was ridiculous. I had totes full of barbie stuff and I still have barbies that are in their original boxes to this very day. I collected Barbies and it was actually a hobby of mine, to collect them and then keep them in the boxes, it was one of the hardest things I had to do because I kept myself from paying with them, so that one day they would be valuable. But, my thoughts on the Brats Brawl article is just as this; I feel that the people who built the barbie doll, have every right to say that the MGA Entertainment Inc stole their ideas and their models when they made the Bratz doll's. The barbie doll came out a long time ago, and way before the Bratz doll ever did. Not to mention the Brats doll looks a lot like the barbie doll, except some people say that the Bratz doll is more cuter than the barbie look. The Barbie look is more of the perfect model look, tall, blonde hair, thin. This article is stating the facts about the dispute over the ownership rights to the to the Bratz line of dolls, which I dont think there should be any dispute. To me, the MGA Entertainment totally took the creator of the barbie doll's ideas and look, everything. The glitzy Bratz girls were the first challengers to Barbie, whose sales began to soften as the Bratz doll's popularity increased. Barbie sales had dropped 30% from 2004, which was affected by the MGA's newer, hipper doll. By 2006, the Bratz doll had captured about 40% of the fashion doll market and posed as the biggest threat to Barbie since her debut in year 1959. I remember when the Bratz doll's came out and I never once thought they were anything like or compared to Barbie. In fact I thought the Bratz doll's were ugly.

Week 8 BOC: Progress In Getting A Lawyer

My progress in getting a lawyer is a pretty simple process, atleast for now it is. So far, I have developed and come up with about seven to eight questions, all pertaining to my skill in photography and copyright law's. Now, having said that; the questions that I have still need to be re-read and re-worded to have more of a professional stand and to meet the needs that are required. I also have sorted out a small list of lawyers to try and contact once I have fully finished my questions for the lawyer. I plan on working more and more on this throughout the next week, getting my questions finished to the standards that they need to be, and then finally trying my best contact some lawyers that are willing to help me answer my questions also in a professional manner. I also plan on trying to do my best with keeping up with my tweeting and blogging of each step I take in being successful in finishing this final project on time and in the correct way it needs to be done. I feel like the hardest part of this assignment is going to be trying to contact a lawyer thats willing to help me answer these questions, I am kind of having a hard time with getting my questions finished and developed in the way that is needed. But, I am more than determined to do good at this and get the assignment finished. This is how my progress is going to be planned, now weather it goes this exact way, i do not know. Lets hope this goes smoothly. . . Let the work begin.

Week 7- EOC: Plans

When I first looked over the final project for this class. I was very scared and nervous about it. I feel that it is going to be a very long and tough final. The process of figureing out how to start it is a tad bit overwhelming. But, my plans for putting this final project together is simply this, first I will find and make a list of some lawyers that may be able to help me with my questions, then I will begin to figure out what questions I want to ask one of these lawyers. I plan to make a outline of how to begin this. I will research lawyers on the net, and I will maybe even post something on facebook, tumblr, or even twitter and hopfully find someone who can help me find a lawyer that is willing to answer my questions for me. and be able to answer them clearly. I plan on calling some family members and some friends, as I know out of all the family members I have and friends I have through facebook and networking sites, there is bound to be someone who can help me. I also plan to keep calling and   researching till this project is complete. I am kind of worried about trying to complete everything i.n such little time to do so. But, I know that if I work hard and get the stuff done needed for all of this, I can do it. I have made it this far in this class, that I will not let my nerves and stupidity ruin my grade in this class. Believe me I am really not looking forward into calling around and trying to find a lawyer to answer my questions, but I got to do what I got to do. . . &, so be it.

Week 6 EOC: Illicit

I have mix feelings about this movie. I feel it was scary but, I also feel that it expressed a very important messege. I feel it was scary because most people who buy illegal products such as coach or D&G purses dont understand how illegal and against the law it really is. Most of these people think that it is a harmless act. Well, in reality its actually an extremely bad thing going on. Its extremely illegal, just as downloading music to your computer without paying for it is illegal. My feelings now after watching this movie, has changed a great deal. I also was one of these people who thought that just downloading music to my computer or buying a "fake" chanel hand bag was totally not wrong. Now, I realize how wrong it really is. When I was young I use to download music and movies illegally all the time. But, I met my boyfriend who now produces his own music and makes his own beats. He taught me that downloading music and movies was a terrible thing. How, artists lose money and their rights to their music. Which is the same thing that could happen to him, well, I sat and thought about how it wasn't right that people could do that and I most certaintly did not want people to do this to him with his music. That I stopped downloading music for free, because its not free. That if an authority caught me, I would be in alot of trouble and may even have to serve time. It actually reminds me of a southpark episode where the kids in the show downloaded a ton of music for free on the internet and they ended up paying for it and learning how artists lose a ton of money over doing such a thing.

Week 5 EOC: Patent Troubles

The news in this patent claim article I just read is stating about how companys are noticing more and more unlawful patent products. They are contacting suppliers of these products to make sure all of your products are up to date. One quote I got from this article was about how "companies are now spending alot of time investigating this, even the ones who havent been sued. It has captured the attention of a large cross section of corporate america." Reasoning behind paying so much attention to making sure there patents are valid is because they dont want to get sued either. They are scared that if it is found out that the patents have experation dates that they will be sued and even shut down. Although some of the cases have recently settles due to the fact that these companies dont want to pay the legal fees and court fees. In this article a lawyer and his wife trekked to retail stores and found many faulsly marked products on the shelves. They filed lawsuits against many companies and they also filed lawsuits against false advertising claims. There are so many false advertising claims in every day life. I witness them all the time. In my opinion Im sure that its hard looking and searching for products in stores from companies that have the wrong product dates on them. I also feel that its more than likly a huge hassel and waste of time but, if these companies dont enforce it than that company can result in getting sued or having their store shut down, this goes for false advertisment as well. I am sure that the manufactuers of these consumer products are on there game about this now and are more aware of checking the status of patents and making sure that their products are all  up to date. I think that its a good thing that these lawyers and companies are being more causous of this because I would hate to go buy some toothpaste from the store and in reality it be out dated. Also with the false advertisments. Somebody really needs to fix this, as I said I see it everywhere and to me its not fair as a customer its like were being lied to.

Week 4 EOC-Death Race Jeopardy

My experience from the jeopardy game that was done in class today was a good one. Although for the past 2 weeks, I already had been skimming through the terms in my book while at work and on the bus, so for the most part I was already starting to become somewhat familiar with some of the terms. But, today really got me thinking and by the end of the class I started to recognize where to find most of the terms for the definitions during the game. I'm not usually one for being up in front of the class being the center of attention for activities such as what we did today; but, I am trying to break that habit, seeing as I am trying to eventually become a successful photographer. I will have to get over my fear of being around people, and being the quiet one in the class. I learned a lot from today's lesson, not only did I have fun. But, I worked really hard on my jeopardy game and I like a challenge. Even if I don't get an A, I always do the best I can. At first I wasn't all that prepared for the game because I was unsure how it was going to be played out. But, now I think the game better prepared me for the midterm test next week. I still plan on studying as much as I can until then but, by playing the game and actually having to be under pressure to get the answers right and win, made me learn better. I definitely feel that doing something so hands on like what we did today is a better way to become more knowledgable with the criteria of the book. 

Week 3 EOC-Stolen Valor Act

In the US military there are hundreds of awards and decorations that are given to soldier's who excel in certain fields. These can be combat and non combat awards ranging from completing and accomplishing certain missions all the way up to the highest award which is known as the medal of honor. These awards once out of the military can offer solder's many different benefits and even sometimes a pension of money they receive each month. They lie and give false claims about military honors to the government and the courts so that they can get money and medals given to them, even if they didn't deserve to have these awards. In another words they are cheating the system. Even in some cases people have submitted wrong military documentation and said they were injured in order to obtain medical and educational benefits.

By committing these crimes, one may result in punishment for lying about receiving these awards and decorations; for example, time spent in jail or even life spent in jail, paying a fine, and or probation. I highly disagree in what these solder's are doing, they are taking away from the real solder's that gave their life and health to this country. Its terrible, I especially don't like that they receive educational benefits. School is extremely expensive and the fact that these people who lie about being hero's are now receiving money for school, its not fair, especially for the true hero's.  

My Voice

Hi, My name is Alicia and I am from the small town of Frostburg Maryland. Im a big dreamer, a hopeless romantic. Im indecisive and at times Im outspoken. I love music, art, food and horror movies.

When I was young, I wanted to be a singer but, the older I got I realized it wasn't the most practical dream. I then got a camera for my birthday when I was 13 and began to take pictures of everything and anything. I took my camera everywhere I went and photography suddenly became a part of me and Since then, I knew this is what I wanted to do for the rest of my life.

About 3 years after I graduated highschool, I found myself working the same dead end jobs; and barely making ends meet. I was very unsatisfied with how I had been living my life because in my heart I knew I was capable of so much more. I applied to college at the Art Institute of Pittsburgh in April of 2011 and much to my surprise I got accepted. I was enrolled there until January 2012. Due to a drastic moving change, I was forced to quit school. I now live in Henderson Nevada and I currently attend The Art Institute of Las Vegas.

My experience at these different art schools throughout my 5 years after graduation left me with the desire to seek even better opportunities towards my life. My mind is still open on what exactly I want to do with my photography skills in my future, but I know if I put my mind and my heart to something I love, I can do and be anything I want. This is just the beginning of my jump into the field of photography and I am hoping that in the end I will find my landing point and succeed in what I love doing most.

To me, Photography is an art of observation. Its finding something interesting in your own view in an ordinary place and capturing it. I have found it has little to do with the things you see and everything to do with the way you see them.

"I Am An Artist & I Am Here To Live Out Loud" (Emile Zola)