EOC Week 11: Forced Choice

Majority of my classmates did a great job! Some did not finish it. How I ranked everyone was by how much they completed the requirements, and how organized it was. The first classmate you see is my number one choice and the last classmate you will see is my last choice.

Jones, C. J. http://calf-boutique.blogspot.com/
C.J. blogs were easy to read, she provided enough quotes, and I can tell she learned a lot in class.

Nolan, Stanley S. http://exquisiteinteriors.blogspot.com/
I notice that Stanley has learned a lot in class.

Alberto, Kristine M. http://kristinealberto.blogspot.com/
I put myself here because I believed I fulfilled all the requirements, such as: 20 quotes, show authority, talk to a lawyer, and being organized.

Diamond, Vivian http://graphicdiamond.blogspot.com/
Vivian has a lot of information on her blog, and I felt that her blogs had a nice flow to it. By that I mean it was easy to read and I can tell where the quotes are.

Lopez-Estrada, Saul E. http://psyphergames.blogspot.com/
Saul did a great job with his final blogs. It is well organized, informative, and I can tell he learned a lot.

Fernandez, Joanne http://joannefernandez.blogspot.com/
Joanne did a great job and very informative.

Oya, Korsyca Ln http://digitalworldbeyond.blogspot.com/
Korsyca did a good job, very informative and straight to the point.

Mukaya, Adam http://studio504architects.blogspot.com/
Adam was very informative. I only wish (I’m nit picking) that it was a bit more organized. The section where he provided us the questions and answers from lawyer was a bit too difficult to read.

Chester, Lonnie O. http://gnosisindustries.blogspot.com/
Lonnie knew what he was talking about and completed all his blogs, however the quotes were put in wrong.

Rodriguez-Delgado, Leslie http://themoment-prodz.blogspot.com/
I give kudos to Leslie on talking to her ex-husband for this project. Finding lawyers are hard, so why not look into someone who was or is close to you. I believe she did a good job, however there are not enough quotes.

Zullo, John A. http://jzdraftingdesign.blogspot.com/
John did a great job. I loved how honest he was about his lawyer and the process he found with his lawyer. It was real, and I enjoyed that; however, not enough quotes.

Cassaro, Christina R. http://voiceweek1.blogspot.com/
Christina did a great job. However, it seems like she forgot to finish her last blog and did not use enough quotes.

Reaze, Shantay http://fashionandlaw.blogspot.com/
She only did three out of the five blogs. She did not finish her final project; however at least she wrote something.

Crissman, Jake Albert http://crissmanj.blogspot.com/
I can tell Jake understood what he was blogging about, however it seems like he forgot a blog, and I found it difficult to find certain things. The labels were wrong on his site.

Fernandez, Ryan Louis http://rtypemedia.blogspot.com/
I can tell Ryan learned a lot in class; however he did not include many quotes. And the quotes he did provide, he mislabeled them.

Calesing, Katherine Gaerlan http://katherinecalesinganimation.blogspot.com/
Although it seems like Katherine learned a great deal in class, she did not follow instructions and included quotes to her final project.

Klatsky, Rebekah Anne http://rebekahklatsky.blogspot.com/
Rebekah did not finish her final, the only reason why she is ahead of Stephen is because she at least did some of her final blogs.

Armellino, Stephen Joesph http://crimsonfists711.blogspot.com/
Stephen did not finish his final project.

Week 11: Final Evaluation

The last time the class and I did a grid like this, we were taking the midterm. At that point, the only thing I was falling behind was with my tweets. I missed days to tweet. I also never made up for the tweets until the day before midterms. However, with Mr. Pinto reminding us to keep on tweeting, my alarm on my cell phone, and my friends reminding me to tweet, I have been on top of my tweets. I must say, tweeting sounds easy; however remembering to tweet is the difficult part. With that said, I also believe that I have been doing a great job in class. I participate, pay attention, and show respect to my classmates and to Mr. Pinto. I have learned a great deal in this class, especially with copyright law. I concentrated more on copyright because copyright surrounds photography. Overall, this class has been interesting and fun. With this kind of environment, it is easy to learn and accept new knowledge into my school life. I believe I deserve an A in this class because I came on time every time, I did my tweets, and I believe I did an excellent job with my final project. It is a great improvement since midterm week. I believe that I, Kristine Alberto, deserve an A in Contracts, Negotiations and Copyrights class.

EOC Week 10: Robert Kearns

Robert Kearns was a great inventor and stood by his invention. He wanted to claim his creation and do what is right. However, it drove him mad and lost everything he had. In the beginning of “Flash of Genius”, Kearns talked about ethics. He said there will be a time where you get to choose to go to one path or to the other. One path may look evil, and one may look good. While Kearns thought he was doing something good, he chooses a path where he lost his family. However he won a lot of money, but lived a lonely life. I commend him for sticking up for him, however I am disappointed that he became a mad man. In my eyes, family is important, more important than money.

BOC Week 10: Lawyer Jokes

Lawyer Joke #1

A lawyer's dog, running around town unleashed, heads for a butcher shop and steals a roast. The butcher goes to the lawyer's office and asks, "if a dog running unleashed steals a piece of meat from my store, do I have a right to demand payment for the meat from the dog's owner?" The lawyer answers, "Absolutely."

"Then you owe me $8.50. Your dog was loose and stole a roast from me today."

The lawyer, without a word, writes the butcher a check for $8.50. The butcher, having a feeling of satisfaction, leaves.

Three days later, the butcher finds a bill from the lawyer: $100 due for a consultation.



Lawyer Joke #2

A man went to a brain store to get some brain to complete a study. He sees a sign remarking on the quality of professional brain offerred at this particular brain store. He begins to question the butcher about the cost of these brains.

"How much does it cost for engineer brain?"

"Three dollars an ounce."

"How much does it cost for programmer brain?"

"Four dollars an ounce."

"How much for lawyer brain?"

"$1,000 an ounce."

"Why is lawyer brain so much more?"

"Do you know how many lawyers we had to kill to get one ounce of brain?"



Lawyer Joke #3

The devil visited a lawyer's office and made him an offer. "I can arrange some things for you, " the devil said. "I'll increase your income five-fold. Your partners will love you; your clients will respect you; you'll have four months of vacation each year and live to be a hundred. All I require in return is that your wife's soul, your children's souls, and their children's souls rot in hell for eternity."

The lawyer thought for a moment. "What's the catch?" he asked.



Lawyer Joke #4

What’s the difference between a good lawyer and a great lawyer?
A good lawyer knows the law. A great lawyer knows the judge.



Lawyer Joke #5

How do you tell if it is REALLY cold outside?
A lawyer has his hands in his own pockets



Lawyer Joke #6

How can you spot a lawyer or politician walking down the street?
He will have his hands in someone else’s pockets.

http://www.ahajokes.com/law014.html
http://www.lawyer-jokes.us/

EOC Week 9: First Amendment and the News

The people that attend the Florida’s church, that want to burn the Quran is an absurd threat. That one action can lead up to some serious dangerous events; especially to the troops overseas. However, the first amendment has the church in Florida somewhat protected. I believe that people have the right to do what they choose; that people have the freedom to speak and express themselves in any way. With that said, they should also know that with every choice there are consequences that follow. People have taken notice of the people in Florida, and have informed them about a drastic consequence. People overseas can be hurt by your action/ threat on the Muslims. You do that expect for the worse. Expect that you are ruining people’s lives; not only the troops but your neighbors. Your neighbor, your superior, your whatever may be Muslim and take this threat personally. However, do what you want. Choose your choices carefully, because it’s like a domino effect. You do something and it will affect someone else, then another person, and soon everyone. Just be aware of the condequences, you may be the responsible for whatever may happen after the Buring of the Quran.

Your own argument and opinions. Did you agree or disagree with the rulings. Provide some authority for your argument such as quotes from the book.

In the previous blog, I have written what the lawyer answered and provided facts that supported what he expressed. In this blog, I am going to provide my argument and opinion to the answers from the lawyer, such as: the money for a lawyer, who owns the copyrighted work, how to copyright, and the importance of a written documentation.

The lawyer said the average cost to keep an attorney on a retainer is $1,000 to $5,000 depending on the hourly rate. That is a large amount of money especially for a newcomer like me. Also, I read that I should “expect the defendant will do everything in his or her power to diminish [my] claim, attack [my] credibility, seek a pre-trial dismissal of the suit, and, usually at the 11^th hour, seek a settlement” (Best Business Practices for Photographers, John Harrington, Ch 16, pg 230). Therefore I get to choose my battles carefully, or else my reputation would be down the drain and my wallet would be empty. Another upside to my newly found knowledge, I have a better understanding what is worth fighting for and what is not.

To know who has the rights to the work is very important. The lawyer said salaried employees do not hold any rights to a finished product because they are not the creators, they would only hold rights if the has a direct idea or impact other than what they were hired and paid to do. I agree with the lawyer; however there are different situations that may occur that contradicts what he said. There could be many other authors. If there are two different authors, it is called coauthors. Coauthors are “where authors intent that their separate contributions be merged into a unified whole” (Patent, Copyright & Trademark, Richard Stim, Copyright Law: Definitions, pg 211), then the coauthors have rights to the work. Also, if the employer, or photographer, “assigns all of his or her copyright ownership rights to another party before the work is created” (Patent, Copyright & Trademark, Richard Stim, Copyright Law: Definitions, pg 205). The lawyer also said if the client does not pay for the designs, the client has no rights. I also agree with this, especially if the client does not provide me a work made for hire. “The importance of the work made for hire concept is that copyright of a work made for hire belongs either to the party who commissioned it or the employer, not the party who created it” (Patent, Copyright & Trademark, Richard Stim, Copyright Law: Definitions, pg 305). Therefore if my client did not provide it for me, then they left a door open for me.

The questions about when is point of creation, what to copyright, and if infringement is present surrounds me when I think of copyright. When is point of creation, rough or the finalized work? The lawyer said point of creation is both at roughs and the finalized work. Unpublished work can be point of creation. “An original work of authorship that is fixed in a tangible medium of expression but has not yet been published automatically qualifies for copyright protection” (Patent, Copyright & Trademark, Richard Stim, Copyright Law: Definitions, pg 303). An example of finalized work would be if an “idea becomes fixed in tangible form, whether on paper, programmed on a computer, or constructed out of plastic or other materials, [you] created a work of authorship” (Patent, Copyright & Trademark, Richard Stim, Copyright Law: Definitions, pg 228). What to copyright, series or individually? The lawyer said it is probably best to copyright each individual photo in the event that a photo is removed from the series. I completely agree with the lawyer. If I copyright just the series, it does not close close that door 100%. If someone picked one photo out of the series, they are not infringing any rights. They would be infringing my copyrights. They would be infringing my rights if they used my whole series. However, if I copyrighted my series of individually, then the door is 100% closed, and no one can take my photos without my consent. The other question I had was if I took a scene from a movie and used that scene as a reference and did a photo shoot from that reference, am I infringing any laws? The lawyers said if you use the reference exactly in your photo, just use different models, then you are potentially infringing the law. If you use it just as to be inspired, you are not infringing any laws. To have a better understanding, “a photographer could potentially infringe the famous photo of servicemen installing the flag at Iwo Jima by recreating the photographic elements using models” (Patent, Copyright & Trademark, Richard Stim, Copyright Law: Definitions, pg 285).

Written documentation is important in photography. There are contracts, release documentation, paperwork that will keep anyone from infringing any laws. The lawyer said I would be held liable if someone gets hurt, unless I had them sign a waiver or some sort of contract stating that they are liable for any occurrences that were to happen while on set, and that I should create a contract or some kind of model release statement either before or after the shoot so I would not be liable and cannot be sued. I entirely agree with him. You never know what may happen. Therefore being extra carefully can save my business and me. Release documentation; such as model and location release documentation are the main written documentation that photographers encounters. The question is do I need release documentation for my portfolio and for a published book? The lawyer said I do not need release documentation for my portfolio because my intention is to sell myself. With a published book I do need release documentation because I am selling my art. Another situation that release documentation is not needed is when “taking personal snapshots of your friends and family, shooting a picture of your house or business for your own advertising, etc, or if you are in the middle of a news story and your photograph is used in the local newspaper or on national television” (http://www.bobpardue.com/model/school/model-release.htm). However, “if you're going to sell an image of a person (or sometimes pets and property, as well) for commercial use, then you definitely need a Release” (http://www.nyip.com/ezine/techtips/model-release.html#ixzz10HSZdMn6). I completely agree with the lawyer. Then again I would provide release documentation everywhere I go. “Play it safe: ask for releases on any photograph that have been made where the person is clearly the subject of the image, and that might be able to use commercially” (http://www.betterphoto.com/article.asp?id=37). I just never know when someone would cause me trouble, when they initially said it was okay, then back out last minute.

Rule of law -- a concise summary of the main precedent established. Support with quotes from the book

After speaking to the lawyer, I have gained a large amount of knowledge that will support me in the future. Most of his answers will forever be engraved in my head such as: who owns the work, if any laws would be infringed if a rendition was made the importance of release documentation, and when exactly is point of creation.

In photography, the author of the work is the photographer. To be the author you must be “the person who creates the work, the person or business that pays another to create the work in the employment context, or the person or business that commissions the work under a valid work made for hire contract” (Patent, Copyright & Trademark, Richard Stim, Copyright Law: Definitions, pg 204). Therefore, if the client does not pay for the design he has no rights to it. If the client does not make or provide you a work made for hire, you have the rights to the work. Work made for hire articulates that the work “belongs either to the party who commissioned it or the employer [depending on the situation], not the party who created it” (Patent, Copyright & Trademark, Richard Stim, Copyright Law: Definitions, pg 305).


“When a work is created by an employee in the course of employment or as a commissioned work under a valid written work made for hire contract, the employer/commissioning party is considered the author” (Patent, Copyright & Trademark, Richard Stim, Copyright Law: Definitions, pg 205). Salaried employees do not hold any rights to a finished product because they are not the creators of said item, they would only hold rights if they had a direct idea or impact other than what they were hired and paid to do.

“A district court judge ruled that photographic elements such as rendition and timing a picture at the right time and place-may be original and protectable elements in some photographs” (Patent, Copyright & Trademark, Richard Stim, Copyright Law: Definitions, pg 284). If you use the reference exactly in your photo, just use different models, then you are potentially infringing the law. If you use it just as to be inspired, you are not infringing any laws.

Portfolio and a published book are two different things. You do not need release documentation for your portfolio because your intention is to sell yourself. With a published book you do need release documentation because you are selling your art. The reason being is because the “Person who is the subject of the photograph may be able to prevent its reproduction under legal theories such as the right of publicity, defamation, or invasion of privacy” (Patent, Copyright & Trademark, Richard Stim, Copyright Law: Definitions, pg 284). Providing release documentation is a safe route to take, especially “If you think that your pictures might be commercially used, make the effort to get a release, and be prepared to give something for that permission” (http://www.betterphoto.com/article.asp?id=37) If the viewer cannot recognize the person, or better yet, if the model cannot recognize themselves in the photograph then you do not need a release documentation. For candids of streets, or travel scenes, you do not need release documentation.

Point of creation is at both rough and final product. There are three rules to determine when the point of creation occurs. "Rule 1: Creation of a work occurs when it is first becomes 'fixed' in some form, Rule 2: Drafts and other intermediate forms in development of work receive copyright protection just like in the underlying work does, Rule 3: Each new version of an original work is separate creation" (Patent, Copyright & Trademark, Richard Stim, Copyright Law: Definitions, pg 228). Therefore, the work or the rough can be copyright even though it has not been finalized. Also, if you made a new version of the photograph or changed some aspects, then that is also copyrighted.

Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer

The lawyer I spoke to is more experienced with Estate Planning, Taxation, Probate and Asset Preservation. Therefore, I was a bit nervous about asking him about copyright laws. He told me that every lawyer had the opportunity to study all types of laws when in school. So, I just surrendered to the nerves, and asked him all the questions that I have listed prior to this blog. I was relieved that he knew most of the answers. He used terms that I would understand, and was very straight to the point. However, with the questions he was not 100% sure about, he would ask someone in the firm (I believe it was his paralegal). No matter what question I threw at him, he did whatever it took to find the correct answer. He would not give me an answer that he was not sure about. I would like to believe it is because he wanted to help me through my final project; however, thinking back I believe it is because he is trained not to give out inaccurate information. “An attorney will use their years of experience to ensure that you [and your rights] are not trampled on or limited” (Best Business Practices for Photographers, John Harrington, Ch. 15, pg 225). Here are the questions I asked, once again, with the answers the lawyer provided.

1. What rights do I retain when using company software?

You retain Confidentiality rights and Privacy Rights

2. In a series of photographs, do I copyright individually or as a series?

It is best to copyright each individual photo than a series. The reason why is because in the event that a photo is removed from the series, you will have no case.

3. What is the average price to keep an attorney on retainer?

The average cost to keep an attorney on a retainer is anywhere from 1000 to 5000 dollars depending on the attorneys hourly rate. (more seasoned attorneys and partners have a higher hourly rate)

4. If you do a design, etc. for a client and are not paid for it, does the actual design belong to you or the client?

If the client does not pay for the design he has no rights to it, if you pay the for the design it is yours.

5. Do salaried employees have any rights to finished products?

Salaried employees do not hold any rights to a finished product because they are not the creators of said item, they would only hold rights if they had a direct idea or impact other than what they were hired and paid to do.

6. If I took a scene from Alice and Wonderland and used that scene as a reference and did a photo shoot from that reference, am I infringing any laws?

If you use the reference exactly in your photo, just use different models, then you are potentially infringing the law. If you use it just as to be inspired, you are not infringing any laws.

7. If someone like the photography assistant, model, or anyone else on set, gets hurt at my photo shoot, am I liable?

You would be held liable unless you had them sign a waiver or some sort of contract stating that they are liable for any occurrences that were to happen while on set or at work.

8. Should I create a contract before the photo shoot to prevent that and pass them out to everyone on set?

You should create a contract or some kind of model release statement either before or after the shoot so you and or your publisher (the company that you work for) is not liable and cannot be sued

9. Can I use photographs that have no release documentation (ie model release forms, location release forms) into a portfolio or a book?

Portfolio and a published book are two different things. You do not need a release documentation for your portfolio because your intention is to sell yourself. With a published book you do need release documentation because you are selling your art.

10. When is point of creation, rough or final product?

Point of creation is at both rough and final product

The Questions: Explain why these are of interest to you. What specific concepts and terms were involved – in other words, what are the legal issues?

I am currently attending the Art Institute of Las Vegas, majoring in Digital Photography. With the skills I have, I want to work for an advertising company, then eventually own a photography studio. When my dream becomes reality, I will need to know the ins and outs of the laws. I will need to know about intellectual property, which is when "writers, inventors, and artists transform ideas into tangible property"(Patent, Copyright &Trademark, Richard Stim, Your Legal Companion, pg 1). With my career choice of being a photographer, it is also important that I am especially familiar with the copyright law. Why you may ask? "Copyright gives the owner of a creative work the right to keep others from unauthorized use of the work" (Patent, Copyright & Trademark, Richard Stim, Copyright Law: Overview, pg 190). And with that said, it is important to know that “Copyright law does not protect ideas and facts, only the manner in which those ideas and facts are expressed” (Patent, Copyright & Trademark, Richard Stim, Introduction, pg 5). Overall, I want to make sure what I can and cannot do, what is the best for my future business, and also be prepared with every aspect of the photography world. Therefore, I spoke to a lawyer that works for Cane Clarke LLP.

Here are my questions that was asked.

Student Name Kristine Alberto

Class BUS250H Contracts, Negotiations and Copyrights

District or Firm’s Name: Cane Clarke LLP

1. What rights do I retain when using company software?

2. In a series of photographs, do I copyright individually or as a series?

3. What is the average price to keep an attorney on retainer?

4. If you do a design, etc. for a client and are not paid for it, does the actual design belong to you or the client?

5. Do salaried employees have any rights to finished products?

6. If I took a scene from Alice and Wonderland and used that scene as a reference and did a photo shoot from that reference, am I infringing any laws?

7. If someone like the photography assistant, model, or anyone else on set, gets hurt at my photo shoot, am I liable?

8. Should I create a contract before the photo shoot to prevent that and pass them out to everyone on set?

9. Can I use photographs that have no release documentation (ie model release forms, location release forms) into a portfolio or a book?


10. When is point of creation, rough or final product?

Legal Authority: How I made contact, found this person and why they are a good choice.

I never knew that finding a lawyer would be so difficult. I got in contact with many lawyers, and no one was willing to sit for 20 minutes to answer my questions. One of the lawyers I got in contact with was my Aunt Rose, also known as Rose Reyes, Criminal Lawyer in the state of California. She could not provide me any answers because she is a criminal lawyer and did not study copyright or patent law. My Aunt also told me that it would be very difficult to get a hold of copyright lawyer due to their busy and expensive time. After talking to her, my hopes on finding a lawyer to answer my questions was very low and I did not know what else to do. However, I called up a friend of mine that works for a law firm, and also going to law school. He was a big assistance to me on this process of finding a lawyer. He asked one of the lawyers he works for to take the time to answer my questions. I suppose the saying, that floats around Las Vegas, “It’s not what you know, it’s who you know”, is pretty accurate. The lawyer I contacted chose to keep his name private; however what I can reveal is the firm he works for, Cane Clark LLP. In my eyes, this lawyer is a good choice because of his experience and also because he was very cooperative. He has been in law for over 18 years and primarily practices Estate Planning, Taxation, Probate and Asset Preservation. With all that knowledge, he has also studied what we are learning in class this quarter. I am grateful that he found the time to sit down and answer these questions.

Week 8 EOC: Legal Questions

1. Can we use other’s designs in a portfolio without infringing artist’s rights?

2. Can you incorporate a public domain design into a specialized design and copyright it?

3. What rights do I retain when using company software?

4. In a series, do you copyright individually or as a series?

5. What is the average price to keep an attorney on retainer?

6. If you do a design, etc. for a client and are not paid for it, does the actual design belong to you or the client?

7. If you do designs and aren’t paid, what recourse do you have?

8. Do salaried employees have any rights to finished products?

9. If I rough out a design on school/company software but finish on my own professional software at what point does it become a creation and what are my rights?

10. Can you use designs/images that have no release documentation into a portfolio or a book?