Your Own Argument and Opinion

The loophole about people being able to use copyrighted works without being tagged with infringement can be looked at in two ways. For research for a project, it's good that copyrighted material such as quotes from books and such can be used without being tagged for infringement. According to the book, it states, "It's important to understand that fair use is a defense rather than a affirmative right. This means that a particular use only gets established as a fair use if the copyright owner decides to file a lawsuit and the court upholds the fair use if the copy right owner decides to file a law suit and the court upholds the fair use defense." (Patent, Copyright, & Trademark, Richard Stim, Pg. 201)

The book also states, "A person who infringes a copyright but has good reason to genuinely believe that the use is a fair use is known as an innocent infringer." (Patent, Copyright, & Trademark, Richard Stim, Pg. 201) I think it’s weird that there is a title called “innocent infringer”. It makes me question why they even have copyright laws. However, it is understandable because it would be hard to ask permission for each and everytime you use something created by someone else, especially if the information is on the internet.

Rule of the Law

When it comes to my work, I want it to be protected. Although there are laws to cover me while I have a copyright on my works, there are some laws that have a loop hole. According to the laws and regulations about copyrights in the book, "Some uses of copyrighted work are considered fair use--that is, the use may infringe, but the infringement is excused because the work is being used for a transformative purpose such as research, scholarship, criticism, or journalism." (Patent, Copyright, & Trademark, Richard Stim, Pg. 201) Although ultimately it is an infringement to use copyrighted works without permission, there are exceptions to the rule, which I didn't know. However, it makes sense. There are many things posted on the internet, information in words and sentences that can be used for research in a project or to quote someone for a school assignment. It would be cool to be quoted for one of my works in research for fashion or something of the sort. Then again, it would still make me feel better to have a copyright on my works in case what I wrote was used for something bad rather than something good.

Reasoning of the Law

The book states, "Copyright law protects a variety of original expressions, including art, sculpture, literature, music, songs, choreography, crafts, poetry, software, photography, movies, video games, videos, websites, architecture, and graphics." (Patents, Copyright, & Trademark, Richard Stim, Pg. 197) I think what Mr. Uglow was explaining to me about how to protect ownership for my work is very important because I created that piece of work. Copyright laws allow me to protect my work from being stolen, especially with it being on the internet for everyone to see. The same thing goes with the other scenario Mr. Uglow and I talked about. One of the other questions I asked him was regarding what I would need to do in order to received permission to use a piece of music in a fashion show. He told me that it's a great idea to do ask permission, even if some people don't. However, there are some exceptions to the rule.

The Questions

According to the book, "Writers, inventors, and artists transform ideas into tangible property." (Patent, Copyright, & Trademark, Richard Stim, Pg. 1) Since I am an aspiring fashion editor, I need to make sure the idea pieces I produce are transformed into tangible property. Here's a look at the questions I had prepared for the interview with Mr. Uglow:

1.         Since I’m running a blog, is it smart to put a patent on my entries? Am I allowed to patent all my entries, or am I limited? Is there a way to patent my whole website?
2.         When patenting a design and someone wants to use that same design on their merchandise, is there anything else I need to be aware of besides paperwork? When signing the paperwork, are there certain contracts I need to be aware of before signing away permission?
3.         When running a fashion retail store, if there was a proposal to turn my store into a franchise, what copyright and trademark laws should I be aware of when I’m signing away rights for this to successfully happen?
4.         When running a retail store with apparel from other brands, if I wanted to potentially cancel that account because the brand’s merchandise is not selling so well at my store, would that be in violation of the contract? If they hypothetically refused, what actions would I need to take?
5.         When it comes to writing about public events in the area, do I need to contact the people running that event so that there are no legal issues? Would it be in my best interest to have a contract for them to sign for anything that I write, or am I covered by freedom of speech at that point?
6.         If I were inspired by a patent design and wanted to use it on my own apparel, how would I go about getting permission from the person who patented the design?
7.         If I was given permission to use a patent design from the creator, and they wanted to make a deal with me  saying I could only use their design if they get a cut from what I make from my apparel, what contracts and negotiations would I have to make so that the outcome of this situation is fair?
8.         If I wanted to start a collection of clothing and wanted to collaborate with another designer, what rights do we both have when it comes to ownership for the line? Would we need a contract with each other to avoid any legal issues?
9.         When creating a fashion runway show for the public and we wanted to use music in the background for the show, do we have to ask for permission to use that song for our show? As administrator for the fashion show, would I need to write out a formal request in order to receive permission?
10. .     When it comes to a design I’ve patented, if another designer wanted to use my design on their apparel, would I be able to collect revenue from how much they make? What kind of contracts and negotiations would I need to make that happen?

However, I only ended up asking him four out of the ten questions because I realized that some of my questions depended on the situation and some of them were redundant. So I cut the question asking to four, realizing that even with four questions, I'd have enough to present for this project.

The first question I asked him was #1, which asks if I should put a patent on my blog entries. He corrected me and said that blog entries have copyrights on them, not patents. However, I could put a copyright on each entry, and if someone wanted to whatever I wrote, they would have to present a request in writing. He also told me that if I did copyright my entries, it'd be a great way to build a nice reputation in the community and in the fashion industry. The book states, "A copyright gives the owner of a creative work the right to keep others from unauthorized use of the work." (Patent, Copyright, & Trademark, Richard Stim, Pg. 197) I should start to make sure the my blog entries have copyrights on them in order to receive credit for my work and most importantly, so that no one can steal and claim my work as their own.

The next question I asked was regarding what I would need to do if I wanted to use a patented design on one of my own clothing. He responded saying that there are no patents for design, with the exception of a few things. An example he gave me was how a clasp on a bag could be patented because of the style. He also went into more detail saying that at that point, the question should then be turned into, "What's the difference between copying and being inspired by something," something that makes a lot of sense in this scenario.

The third question I asked was about what I would need to do in order to be granted permission to use a piece of music for a big time runway fashion show. Mr. Uglow told me that it's a good idea even if not a whole lot people do it. When I asked him how I would go about asking asking permission for the music, he told me about this website called  www.the-acap.org, where I could find out more information on how to ask permission for the song.

The last and final question I asked Mr. Uglow was regarding public events and writing about them. I asked if I needed permission in order to write about a public event in the community. He responded with a "No" and that I'm protected under the third amendment to be able to do that without any hassle. However, he did say it would be a great idea to inform the person incharge of the event what I was doing so that they could read and comment about the event.

The reason why I asked these questions because one day I want to be a fashion editor. By asking these questions and receiving the answers to them, I'm more aware of the things I might face while working in the fashion industry.

Legal Authority

The first lawyer of my choice was a guy name Gwynne Dumbrigue, a lawyer that my Mom has hired for personal matters. I tried contacting him, thinking he'd be willing to help me since he's friends with my Mom. However, that didn't work out the way I planned. Scrambling for another lawyer, I remembered one of my good friends from Michigan had a father who was a lawyer. When I contacted her, she said he could possibly help me with my assignment. However, that didn't work out the I planned either. It turns out her father was a probate lawyer and wouldn't be able to answer my questions regarding contracts and copyrights.

Finally, I received help from a friend who gave me the number of a lawyer. Turns out, he's actually a teacher here at the Art Institute, and I had this man as a substitute teacher a couple months ago for one of my classes. The lawyer I used for my project is named Todd Uglow. Aside from teaching, Mr. Uglow is also a intellectual property lawyer. According to the book, "Intellectual property law consists of several seperate and overlapping legal disciplines, each with its own characteristics and terminology: Patent law, Copyright law, Trademark law, and Tradesecret law." (Patent, Copyright, & Trademark, Richard Stim, Pg. 5-6) This makes Mr. Uglow a great person to interview because the laws he deals with for his job are the laws and answers I need for this final project. 

I'll be honest and say I was skeptical to call him just because it's pretty intimidating calling someone you don't know and asking them for help. I eventually got over the fear and nervousness and called Mr. Uglow. I contacted him by calling him on his cell phone from the number provided by my friend. At first, he said he couldn't talk to me because he was running late for a class. However, he did say if I called him two hours later, he'd be free to answer my questions. I called him back later on and he was very helpful with answering my questions, answering them in great detail and giving examples of other possible scenarios. Mr. Uglow was very knowledgeable and gave me great insight on what I should be aware of in certain situations. Overall, a great experience!

Week 10 EOC: Lawyer Jokes

Question: What's the difference between a porcupine and two lawyers in a Porsche?
Answer: The porcupine has the pricks on the outside.
http://www.stromer.com/jokes/185jokes.html

Following a distinguished legal career, a man arrived at the Gates of Heaven, accompanied by the Pope, who had the misfortune to expire on the same day. The Pope was greeted first by St. Peter, who escorted him to his quarters. The room was somewhat shabby and small, similar to that found in a low grade Motel 6 type establishment. The lawyer was then taken to his room, which was a palatial suite including a private swimming pool, a garden, and a terrace overlooking the Gates. The attorney was somewhat taken aback, and told St. Peter, "I'm really quite surprised at these rooms, seeing as how the Pope was given such small accommodations." St. Peter replied, "We have over a hundred Popes here, and we're really very bored with them. We've never had a lawyer."
http://www.kinseylaw.com/JOKES/jokes.html

A man went into the Chamber of Commerce of a small town, obviously desperate. He asked the man at the counter, "Is there a criminal attorney in town?
The man replied, "We think so - but we can't prove it yet."
http://www.lawlaughs.com/honesty/index.html

Week 9 EOC: Letters of Permission

The four letters I chose to use were letters to request use of copyrighted works (one for a quote and one for a picture), a letter to request permission to film a fashion show in a public area, and a letter to request permission to use a song in a fashion show.

I chose the two letters for the copyrighted works because I want to become a fashion editor when I graduate from college. I find that a letter of permission to use copyrighted works will come in handy for me because I will be writing those kinds of letters if I want to feature someone else’s copyrighted works in my magazine. Without that letter of permission, I wouldn’t be able to use certain pieces in my magazine, text and/or pictures.

I used a letter of permission to film because if I wanted my magazine to have a website, I could feature fashion shows happening locally by filming them as they’re happening. In order to do that, I would need permission to film in the area the fashion show is being held in order to avoid any legal issues. 

Lastly, I chose a letter of permission to use a song in a fashion show because aside from becoming a fashion editor, I would also like to dabble into creating and directing a fashion show. One of the many aspects in order to make a fashion show successful is the music in the background during the show. Again, writing a letter of permission to use a certain track for a fashion show will avoid any legal issues that could happen.

I thought this assignment was very helpful because it prepares me for what kinds of letters there are out there in my field. I want to make sure, that in order to have a successful career, I should be aware of any legal issues that I can avoid so that I can fulfill my work without any hassles. Letters of permission are definitely one of aspects I should be fully aware of. With this assignment, I have a better understanding of their use.

Week 8 EOC: Mattel Vs. Bratz

The Mattel vs. Bratz dolls case has been going on for what seems like years on end now, and the brawl continues to unravel to this day. According to time.com, “The initial suit began in 2005 over the rights to a particular aspect of the Bratz design, when MGA filed against Mattel for allegedly copying the distinct Bratz eye feature in its new line of Barbies. (That case is still pending.) Later that year, Mattel countersued for $500 million, claiming that designer Carter Bryant, who created the racier, trendier Bratz dolls for MGA, had come up with the idea while he was employed by Mattel to design the more demure Barbies. Bryant joined MGA in 2000, and the company launched Bratz one year later.” (http://www.time.com/time/business/article/0,8599,2067001,00.html) This whole dispute relies heavily on intellectual property rights with Mattel claiming that they may claim entitlement to Bryant’s initial drawings of the Bratz Dolls. But according to MGA, the company that produces the Bratz Dolls, they claim that Bryant was not working for Mattel when the sketches were produced, giving MGA rights to the images. Again, Time.com states, “According to records, Bryant worked for Mattel from September 1995 to April 1998, returned in January 1999 and left again in October 2000 before joining MGA.” (http://www.time.com/time/business/article/0,8599,2067001,00.html) However, this feud has been going back and forth between both companies with judges giving one company rights to Mattel for the images, yet another judge allowing MGA to continue to produce the Bratz Dolls. It seems as if  start of this battle created one of the messiest law suits in recent years and will continue to progress forward, but in what direction? That’s still to be determined. However, Time.com has an idea. They state, “So instead of bleeding money in courts, the companies would be better off spending every dime on market research, as the real winner of the doll-vs.-doll battle will be decided by their customers. "The consumers who are buying dolls don't know anything about a lawsuit," Silver said. "Ninety-nine percent don't know or don't care. They just want to buy the doll their kid is asking for." (http://www.time.com/time/business/article/0,8599,2067001,00.html) Sounds like a fair way to look at it. Personally, I think the dispute is getting way out of hand and that each company is money hungry for the revenue of the Bratz Dolls. I, too, don't personally care for the dolls themselves because I think they give little girls a bad image of what a real woman look like, but that's just me. However, the customers do have the final say on these dolls. In other words, may the best doll win!

Week 8 BOC: Progress on Final Project

For my project, I plan on having two lawyers to contact just in case one of them might not help me for my project. Their names are Gwynne Dumbrigue [1(702) 762-5888] and John Lambertsen [1(702) 796-3476]. I want to ask them questions based on my major for school, which is Fashion Retail and Marketing. A question example would be, "When it comes to running a fashion retail store, what contracts do I need to be aware of if a person wanted to put my own designer pieces into their store?" I also want to ask them questions on copyright and trademark regulations for writing because I run a blog and would like to make sure I am doing the right things to gain credit for what I write. An example of a question I would ask is, "For the pieces of work I write on m blog, is there a way I could copyright every single literary work, or do I have to have a copyright for each entry?" I am hoping to gain more knowledge of contracts by asking such questions and hopefully will receive the correct answers in doing so.

As far as classwork goes, I am pretty up to date with my blog and my tweets. I will be honest and say that there are two blog post that I've started, but need to finish. One is the Wall Street Journal post from Week 5, and the other is the list of lawyers I'll be thinking of contacting for the final project from Week 7. Hopefully I can do that today so that I'm not scrambling around the last week of class trying to post them. I shouldn't procrastinate on homework because I should be doing it every week in order to receive the full credit.

Week 7 EOC: Lawyers

1. Gwynne Dumbrigue- 1(702) 762-5888
2. John Lambertsen- 1(702) 796-3476
3. Warren Paul Kujawa- 1(702)-270-8853
4. Susan Marie Pitz- 1(702)-307-4880
5.  Piet & Wright- 1 (702) 566-1212
6. Preston Sterling Kerr- 1 (702) 608-0835 
7. Watson Rounds- 1(702) 636-4902
8. Kring & Chung Attorneys- 1(702) 260-9500
9. Wilson Elser Moskowitz Edelman & Dicker LLP- 1 (702) 382-1414
    

Week 6 EOC: Illicit

After watching the movie in class, I realized that illegal manufacturing and shipping has great effects on our economy. I don’t think it necessarily affects the companies/high-end labels that these products are being influenced from, but it affects the people of our world. There are people who are receiving millions and billions of dollars for selling counterfeit products and it’s completely unfair to the consumers of these fraud products. Although there are some people (mostly women) who would prefer to purchase a fake Louis Vuitton bag off the street versus saving and spending thousands of dollars for the real thing, there are other products, such as medication, that are being sold unfairly.  I learned from the video that there are people who are selling counterfeit medications/pills to people via internet, and the pills don’t even work. That, or the medications are made with toxic things that harm the body and can only worsen symptoms. In this aspect, I say that illegal manufacturing is unfair and is being abused by people. The people who run these companies know that most customers are looking to save money and sacrifice the actual quality of the product. Customers should be wary and cautious when finding and purchasing these products because they don’t know exactly what it’s made from. A picture of a medication pill could seem like the real thing, but there’s more than meets the eye when it comes to the black market.

Overall, I found this movie to be informative and quite intriguing because the black market is a completely different world. It’s a big risk for these filmmakers to take when documenting all of this real footage, but it has to be exposed for the benefit of these customers and for those considering to start purchasing black market products.

Week 5 EOC: Patent Trolls

After reading this article, it shocks me that big name companies such as Brooks Brothers and Proctor and Gamble, would even neglect the fact that they need to update their patents. Patent pending is a very big deal and for those companies not to follow the rules and regulations for patents, is very unprofessional to me. However, patent trolls are worse. Patent trolls are out on the prowl, trying to sue for patent infringement. These “creatures” are costing corporations billions of dollars for their wrong doings. My thoughts on this matter are that I think with how advanced our technology is nowadays, there should already be a way to avoid situation like this from happening. There needs to be a simpler way to keep track of these patent dates in a timely and orderly fashion. If not, situations like this will continue to happen, possibly ruining big name corporations.