Week 10 EOC : Lawyer Jokes

Question: Do you know how to save five drowning lawyers?
Answer: No.
Reply: Good!

http://www.stromer.com/jokes/185jokes.html


 Q: How many lawyer jokes are there?
        A: Only three. The rest are true stories.

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




Q: What do you call a lawyer gone bad?
A: Your honor.


http://www.ahajokes.com/law059.html




Question: What's the difference between a dead skunk on the road and a dead lawyer?
 Answer: There are skid marks in front of the skunk.




http://www.languageandlaw.org/JOKES.HTM

Final Project: Own arguement and Opinion

Overall it was a great learning experience to sit down and have a conversation with Rut Laurenon.  I agreed with just about every thing we spoke about, and all of her answers to my questions.  This experience gave me a better understanding of where I stand on the knowledge of copyright and patent law.  ” If a court determines that an employment relationship exists, even if the author is not technically employed, the work-made-for-hire rule treats the author as an employee for the purpose of determining copyright ownership.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 341)  Who becomes a part of the infringement process is now made clearer with the interview that I made and information from the book.  ”Under the Copyright Act, a copyright owner is entitled to file an infringement action in federal court against a person who, without proper authorization of the owner makes copies of a copyrighted work.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 280)  Further distribution of unauthorized copies is still subject to infringement, which is something, Rut and I both was same page about. ”Once copyright infringement is established, courts often are willing to issue an order (termed an injunction) to prevent the infringer from making or distributing further unauthorized copies of the original work of authorship.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 282)  If everything is timed perfectly, a plaintiff can have all of their attorney fees reimbursed back to them depending on the judge’s decision in the court room.  “Copyright owners who timely register their copyright and/or record their ownership interest also qualify to have their attorney fees and court costs paid by an unsuccessful defendant.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 281) Also from this learning experience, I now understand that not only are these copyright policies existent within the United States, but internationally, this is process that is not over looked and is also kept within a treaty.  “Over 120 nations have signed treaties in which they agree to extend reciprocal copyright protection to works authored by nationals of the other signing countries as well as works first published in one of the other signing countries.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 285)  I definitely would recommend this tactic to anyone who is looking to cement in their knowledge of copyright law, no matter what their major is.

Final Project: Rule of Law

It was all an overall learning experience, all the way from the questions that obtained information on how to get a song licensed to how to protect my rights as a citizen.  It is made clear now of what can be patented and what cannot be, depending what exactly they are.  ”Despite the fact that snippets of tones and music can be registered, a musician cannot register one of his signature songs as a trademark.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 310)  Music publication was also an interest of me since I am a professional in the audio industry, and where its publications lie. ”Most music publishers offer an upfront sum or advance to the songwriter and share the revenue with the songwriter as the song earns money.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 294)  For those who are looking to set up their own studio at home can learn from the same experience that I have endured. “The Audio Home Recording Act of 1992 (AHRA) requires the manufacturers of certain digital devices to register with the Copyright Office and pay a statutory royalty on each device and piece of media sold.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 215)  Not only can a song be licensed for protection, but a website as well can encounter infringement as well.  So, if a band decides to create a website to get them more recognition, they also may want to look into getting that copyrighted as well.  “A website or Web page is protected under copyright law and may be registered with the Copyright Office.  The procedure for registration is established in Copyright Circular 66, which is available at the Copyright Office website (www.copyright.gov).” (Patent, Copyright, and Trademark, Richard Stim, Pg. 341)  Those are licensed and protected are also entitled to many other damages awarded.  “As an alternative to seeking damages and profits, copyright who have timely registered their copyright may pursue statutory damages which can be awarded without any proof of harm or defendant’s profits.”  (Patent, Copyright, and Trademark, Richard Stim, Pg. 3281)  And there are also different types of copyrights to look out for when getting a song protected, depending on what the person is looking for.  ”The same person or business can own both types of copyrights, but the musical works copyright is usually owned by the songwriter or a music publisher, and the song recording copyright is usually owned by a record company.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 295)

Final Project: Reasoning of the Law

In some of the questions, I tried my best to make sure that I understood what different kinds of attorneys handled what specific cases.  For example, patent attorneys have different backgrounds for different kinds of cases ranging anywhere from songs, music, products, or even engineering of the publications.  ”Music publishers acquire the ownership of song copyrights when the songwriter transfers copyright ownership in exchange for payments or an ongoing royalty” (Patent, Copyright, and Trademark, Richard Stim, Pg. 294) One of the important highlights from the interview, that seemed intriguing was the consequences of one that does commit infringement. “An infringer who commits one or more infringements during a 180-day period for purposes of commercial advantage or private financial gain can be fined and imprisoned for one to five years depending upon the value of the infringements.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 244)  What I found ironic was any one who is involved in the act is also prosecuted, but if someone didn’t know that copying wasn’t permitted would not endure any prosecutions. ”The government will also prosecute anyone who knowingly and willfully aids in a criminal infringement.  The government will not prosecute innocent infringers, that is, persons who had a good-faith reason to believe that copying was permitted, although those persons can still be subject to a civil law suit.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 244)  These consequences can lead to what is known as damages to be owed. ”Also called compensatory damages, this consists of the dollar amount of any demonstrable loss the owner suffered as a result of the infringing activity.  This loss may be from lost sales, lost licensing revenue, or any other provable financial loss directly attributable to the infringement.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 245)  In the end these infringement lawsuits due have the set backs and their way of backfiring on the plaintiff. “Any money made by the infringer as a result of the infringement.  These damages are only awarded if they exceed the amount of profits lost by the copyright owner (actual damages) as a result of the infringement.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 310)   Rut found a way to answer all my questions in a matter of what steps I can take to better understand how I can protect something that could create in the future.  She also the knowledge she gained from prior cases that she had taken.

Final Project: The Questions

Upon creating the questions and altering them to make the a bit more answerable for Rut, I kept a mindset where if I were to get in a situation, what is some advice I can seek to protect myself in the future.   I also created a list of ten questions just in the case the she becomes completely stumped and is not able to answer the question.

Question 1:

What are some charges that an artist can press against someone who recorded them during a performance, without their permission?  How can that person who recorded them, defend themselves?

Rut: 

They would file for an injunction, which is a civil remedy.  Also they can draft financial discovery if they have suspicion that the person who recorded them is making a profit of their performance.  This is also known as a discovery process, which in other terms in considered a civil lawsuit.

This question caught my attention because it is a guilty pleasure of mine to record bands during their performance, not to make money off of it, but to actually keep as a souvenir as a fan of theirs.  ”The Unites States passed legislation that allows a performer or record company to prevent the unauthorized recording of a live performance, even if the performer or record company does not own a copyright in any of the songs being performed” (Patent, Copyright, and Trademark, Richard Stim, Pg. 219) The performer can also claim statutory damages if they wish to press charges against the defendant.  “A Tennessee District Court ruled that separate sound recordings embodying a single song constituted one work when determining statutory damages.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 204)

Question 2:

If an artist or band creates a song that is not patented and is copyright infringed upon, what can the original artist do to claim the property?

Rut: 

The original artist would have to have a proof of ownership and/or license of the song because it will still be considered a novel idea.

The answer to this question would come in handy if I were ever to decide to create a song and get it licensed. "Copyright protection extends to any original work regardless of who created it and permission is required for reproduction, display or distribution of the work." (Patent, Copyright, and Trademark, Richard Stim, Pg. 310) This can even branch out into many other factors in which many steps have to be taken, in order to protect the creation. ”There are two types of copyrights for music:  musical works copyrights, that protect songs and compositions, and sound recording copyrights, which protect the manner in which music is arranged and recorded-that is, the sounds fixed on the recording.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 294)

Question 3:

If Security gets overly aggressive with an audience member, can that person sue for harassment against the security guard, venue management, or the artist?

Rut:

It is easy for different parties to get involved, in other words get ”hooked”.  For example, If the security guard acted within the scope of employment then the whole security management is hooked.  If he acted out of the scope then the management can not he held account for.  The venue also has their duty attend to the patrons.

This was interesting to me because in a case where someone is treated poorly during an event such as a concert, it would be useful to know who is held responsible for the guard’s actions.

Final Project: Legal Authority

The person that I found and chose was Rut Laurenon.  She is an attorney in an office, which is located on Lake Mead Blvd, and Buffalo drive.  I found her through making connections with one of the students at the Art Institute who in fact is actually her husband.  Before contacting Rut, I made several attempts in contacting other attorneys or lawyers, but had very little success in contacting them.  In those cases, I would get no answer, no replies, or even scheduling conflicts.  So Rut made the perfect candidate for this assignment for several occasions ranging from already have broken the ice in a prior situation where we had already met, to having the same schedule layout on certain days of the week.  I know that she were a good choice to have in this assignment because upon asking her husband what type of cases she has take, I noticed that some of the questions I originally came up with would not really suit the experiences she has had in the past cases.  So, my alternative was to alter the questions a bit, not only to make them answerable, but to also make her more comfortable in responding to these questions.  Just a few moments before starting the interview, I let her know that I was going to be taking a few notes down during the interview that I was going to use towards my project.  I also made it very clear with her that if by any chance she did not know the answer to the question, then it would just become a matter of just giving me advice on what someone do that situation, if they were to come across it.  She also mentioned that in the past she had taken cases that related to health issues and cases that had dealt with injury.

Week 9 EOC: Letters of Permission

The first source appropriately applies to those who are looking for a way to celebrate an event in an open area.  This letter of permission will allow those who are attending the event to be able to set foot on the premises.  I specifically chose this letter of permission so I will have a good idea of the steps I will take to set up an event in the future.  This doesn’t necessarily mean that this will allow me to do whatever I desire on these premises, having the ability to play loud music or some kind of pyrotechnics would also require to acquire other permits.  The second source suits the needs for those who are looking to duplicate the work from a textbook from another.  This letter of permission is perfect for anyone who wants to use a quote from author, into their project for school.  This permit format will come in handy for me in the near future if I ever decide to use a fragment of a book in one of my research projects.  This is also helpful because I can also get permission for others who are going to want to use the material in the book.  The finally letter of permission is probably the most commonly used permit for anyone who is into digital photography or any type of course that requires a movie scene to be used in a project.  This can also permit an individual to use a specific movie scene for a project that is to be uploaded to a social networking or media viewing site such as YouTube.  This is a good source to have, especially if it is someone who is enrolled in the same school as I am because it will avoid any situations that might involve copyright infringement.

http://www.letters.org/permission-letter/permission-letter.html

http://wustl.edu/policies/request.html

http://www.washburn.edu/statements-disclosures/copyright/faculty-staff/permission/sample-letter.html

Week 8 EOC : Bratz vs Mattel

Let’s imagine that we have walked into a car dealership.  This dealership is known for selling hummers and hummers only.  Your walking up and down the aisles and you notice a peculiar row of vehicles.  At a glance they look like your ordinary hummers, but upon taking a second look you notice that they are not what they seem.  In fact they are reimaginations of hummers created by a completely different company, but still seem identical in many forms.  Would this cause confusion, or would it just come down to being a fact that there will always be duplicate “Lookalikes” out there for products.  In the lawsuit against MGA Entertainment, Mattel Inc. tried to sue them for theft of trade secrets.  “MGA Entertainment Inc.’s $172.5 million victory over rival toymaker Mattel Inc. (MAT) for theft of trade secrets was thrown out by a federal appeals court that said the company’s counterclaims shouldn’t have been allowed to go to the jury.  At the same time, the three-judge panel of the U.S. Court of Appeals in San Francisco upheld the trial judge’s decision to award closely held MGA $137.2 million for having to defend against Mattel’s claims that MGA’s Bratz dolls infringed Mattel’s copyrights.” –www.bloomberg.com/news.  The ongoing trial had been a rivalry that had been going on for over eight years that claimed that the Bratz doll was identical of Mattel’s original gal-pal doll Barbie.  The trial was ultimately won by MGA that claimed that Mattel employees used fake business cards to get access to MGA’s booths at toy fairs and used this tactic to obtain trade secrets.  MGA was awarded $88.5 million in in damages.  So to say who is right and who is wrong is a subjective matter, that is tied to the conclusion that originality will always remain no matter who claims their product to be.

Week 8 BOC : Progress on Final Project

 Everything is starting to be put together for the final project.  I already have my contact ready to go and we have been trying to find a perfect time to meet up and go over the questions.  In the event that she is not available, I have other contacts that are on my list.  The interview process will consist of about ten questions with thorough explanation required or at least an educated opinion of the topic.  Some questions, for example, will be as to if a local DJ is caught playing the music of another artist, can they be prosecuted without warning or are they allowed to play the songs so as long they do not claim it as their own.  Another example question I will be asking is how exactly is a song patented and protected so that is now copied by another.  I have been up date with my twitter accounts and have all the tweets that are required.  All of my end of class assignments are completed and finished.  I got a rocky start in the beginning of the quarter with this class but have managed to keep myself organized and so far have completed every assigned requirement.

Week 7 EOC : Lawyers

Michael I. Gowdy, LTD - (702) 997-9419

Patricia M. Erickson - (702) 979-1608

Gary G. Branton - (702) 475-3534

Cohen & Padda, LLP - (702) 366-1888

Mario P. Fenu - (702) 998-7058

Borghese Legal, Ltd - (702) 382-0200

Mark George Tratos - (702) 938-6888 

Michael N. Feder  - (702) 796-5555

Jennifer K. Craft - (702) 796-5555

Steven Pacitti - (702) 380-3100

Week 6 EOC : Illicit Trade

In today’s world we are forced to believe that we have to have the finer things in life, even if it means to own something that we cannot simply afford and it is something we do not need.  Every company out there trying to sell their business to the people, are constantly grasping the attention of society and tricking them into thinking that they need their products whether they want them or not.  In the Illicit filmed that we viewed in class, the investigators went in depth into finding those who pose as false distributors and are ultimately caught in the act.  Selling an item that is almost identical to an already existing product will always have its consequences.  The film also shows how reproducing already existing products in China creates about 20% of the jobs in their economy.  They also make it clear that disrupting this order will unstabilize the economy, so it is for the best to remain on the same routine and stay on schedule.  The film also goes in detail how careful these distributors are when it comes to giving their trust to potential new customers by meeting them in a populated area of the city, just a few blocks from where they have set up their boutique.  One cannot be quick on the trigger to say that these people are the scum of the Earth’s existence and are a burden, one must also take in to consideration that most of these boutiques are set up as a way to compensate for the lack of money that is available within the region.  Families are kept from starvation and poverty with bootlegging existing products.  In the end, this is crime that will never end, as long as there are people in this world that need money to support their families.

Week 5 Eoc : Patent Troll

We all go about our daily lives without a care in the world, for the most part.  Even if we are that specific individual whose intentions are solely based on “doing the right thing”, there will always be in a hurdle in the middle of the path, or a mountain that you will have to climb over.  There are those who are always looking to get the upper hand on people, and are willing to stop at nothing to get what they want no matter what the cost.  Fighting for what you want in life is more than natural, but when it comes down to stepping on people, lying, and impersonating others to win a battle, it will certainly abrupt constant legal issues.  “Patent Toll is disparaging term for someone who sue for patent infringement but who does not make or sell any products using the patented technology.”-Patent, Copyright, Trademark.  In the article from Wall Street Journal, it described how patents can go out of date and one would only have to worry about a small penalty fee.  Other famous lawsuits have been created within notable companies such as eBay. “In a case that affected the dynamics of patent troll litigation, ebay was sued by a company that owned several auction patents” -Patent, Copyright, Trademark.  Even the biggest of corporations still have to endure through the justice system.   No matter what the reputation of a company is like, we are entitled to our protection against those who abuse their rights.  “Alternatively, and injunction should not be denied simply on the basis that the plaintiff does not make, sell, or use the patented invention” -Patent, Copyright, Trademark.  Those who wish to impersonate other companies that set up lawsuits when they are not involved, will have to suffer the consequences in getting involved with companies that they do not belong to.

Week 4 EOC: Jeopardy Evaluation

          Sitting at the desk for several hours can be daunting with having the idea of remembering certain dates, famous people, places or past events in history.  Cramming the night before a test can take its toll on the human brain.  Lack of sleep, hunger deprivation, and losing control of our own reality are some of the consequences that come behind procrastination.  Most do an amazing job when it comes to projects or in class assignments, but somehow cannot seem to retain information that they have learned in the last couple of sessions.  A very effective way of studying without the worry of having to actually put hours cramming or researching information is to put together some sort of game involving information from what the test is actually going to contain.  Contents in the game are very important because they are the foundation of what you are going to learn, and is vital to how well you are going to do on the test.  This is effective because you are focusing on the challenge of winning not retaining the information, so in return  you are relieving yourself of all the stress that you would get from actually focusing on the material you are try to retain.  In classroom activity, I found myself remembering the information that was included within the game questions.  The more we played, the broader my mind processed everything and was more focused on getting points on the board.  In my opinion, I think this tactic should be experienced in every course and within every major so that students can get the best out of their experience in college.  I found this activity to be truly affective because that material within the book is a bit repetitive and dry so one can lose their interest in the material very quickly. 

Week 3 EOC: Jeopardy

What is the Audio Home Recording Act (AHRA)? ($400)

Established in 1992, it requires the manufacturers of certain digital devices to register with the Copyright Office and pay a staturory royalty on each device and piece of media sold.

What are all rights? ($100)

This Phrase was required as part of a copyright notice by the Buenos Aires Convention international treaty and also appeared in many copyright notices in an attempt to secure complete protection.

What is the Buenos Aires Convention? ($200)

This organization esablishes copyright reciprocity betweenthe United States and most Latin American Nations.

Week 2 EOC: Erin Brokovich

          What would you do if something out of the ordinary was placed right underneath your nose?  What if a major corporation was lying to its clients about their business, would you just sweep it under the rug?   Most walk around with a mindset that they can take a small hit without having to retaliate.  A mindset, that keeps them from truly making the best of the situation, in a case where it may land in their favor.  Taking a stand and fighting for a cause can sometimes lead to an extraordinary outcome even when you least expect it.  In the story of Erin Brockovich, she is a unemployed woman  with two children who has recently lost a case in court over her temper, and ends up working in an office for her lawyer.  She later comes across a situation where she finds odd behavior within one of the companies she filed paperwork for.  She also discovers that cancer has been a cause from the chemical that has been put into the water, and is the reason why her husband was diagnosed with having cancer with a tumor.  Erin never gives up on the fight and ultimately wins the court case, and settles for $333 million dollars.  One can never tell how the course of an outcome will turn to, but one must not let power hungry companies shadow over their inhibitions, or the right of freedom of speech.  Taking a stand against those who are not afraid of oppositions will overtime, help build resistance between groups that are always the target.  Self doubt is also another characteristic that is a form of weakness in the justice system, and can lead to one’s ultimate downfall.  The fight is only finished when one has expelled all their energy and the doing is done .

Week 1 EOC: Voice

Hello, my name is Vito Marentes and I am from Las Vegas. From a very young age I was always fascinated with audio, music, and the ambiences of life. I love all genres of music but never gained the courage to learn any instruments, up until a few years ago where I picked up a guitar and taught myself how to play. I've always believed that if I were to pursue a career in a profession, where its criteria was my passion, then there would never be a day where I wake up feeling I had to go to work, but do what I love to do and get payed for it. Never do I ever accept the fact that I should arrive on time, but always strive to be everywhere I go ten minutes early. My philosophy has remained the same for years and has not changed because I feel that dedicating hard work and constant effort towards something that is truly desired will have results and a positive outcome that follow.