Sunday, March 17, 2013

Own Argument and Opinions


For our fifth and final part of the final project, we were asked for our own argument and opinions on the reasoning of the law, rule of the law, and if we thought it was fair or not.

Trademark law consists of the legal rules by which businesses protect the names, logos, and other commercial signifiers used to identify their products and services.”(Patent, Copyright, and Trademark. Page 379)

I personally feel that we as people require laws. Every certain law is in place for a reason. To protect people from physical, emotional, and finical harm. Without these laws and rules in effect, the world would not be what it is today. I am thankful for all these trademark, patent, and copyright laws, because my future as a music producer and performer drastically depends on this protection.

Trademark infringement is the unauthorized use of a trademark or service mark on competing or related goods and services.”(Patent, Copyright, and Trademark. Pate 446)

For example. If I spent three or so hundred dollars trademarking my logo and name “Bionix”, and then spent years producing music and touring for free to gain a fan base of 100,000+ people. So that I could come out with an album and sell it on ITunes or Beatport, now that I have the fan base to do so, but I have some other person or company out there using the same name and logo to sell their music. It would consequently, steel my fans and money. Now with the knowledge of trademark infringement, I could take this person to court and sue them for all the profit that they had made off using my name and logo, and recover my fans back.

Rule of Law


For part four of our final project, we were asked to present the “rule of law” that coincides directly to the questions that we asked our lawyer and the answers that were given by them.

When I asked Keith how I would go about policing a trademark infringement. He said that it would be in my best interest to employ a professional "watch" organization to review trademarks being published for opposition in the Trademark Office and notify you of similar trademarks. This answer brought great insight to me, because I had no idea there were services like this. Hiring such agencies to help protect your trademark is crucial to your protection. “As a general rule, and infringement will be deemed deliberate if it begins after the mark in question has been federally registered, because the infringer is deemed to have notice of the existing mark”(Patent, Copyright, and Trademark. Page 412)

When I asked Keith how trademark damages are calculated. He said that it depends on the amount of financial damage done by the infringing company or competitor, and yet again he was completely correct. “Profits reaped by an infringer as a result of a copyright infringement are one possible element of monetary damages a court may require the infringer to pay the copyright owner. Defendants profits will only be awarded where these profits exceed the amount of profits lost by the copyright owner as a result of the infringement”(Patent, Copyright, and Trademark. Page 318)

Then when I asked him, upon owning my own studio, what documents should I have my employees and myself sign prior to work. Keith’s reply was that I should most definitely hire a attorney that specializes in drafting up licensing and zoning documents, and make it a priority of doing so. “You will complete this process by paying the fees, authorizing your electronic signature, and validating all applications and documents.”(Patent, Copyright, and Trademark. Page 507)

Reasoning of the Law


For part three of our final project, we were asked to describe the reasoning of the law, as described by the lawyer that we interviewed.

When I sat down and called Keith on Friday, I went over some audio production questions that would be possibly relevant in my future. Here I will state some of my questions and then follow them with the answer that I had received.

Q:        Lets say I Trademark my Producing / DJ name. After it has been accepted through USPTO, and I find someone else or some other company that has been using my logo and name to steal my fans and make a profit for something that they did, how can I go about policing a trademark infringement? “Trademark law confers the most protection to distinctive names, logos, and other marketing devices.”(Patent, Copyright, and Trademark. Page 380)
A:         If you can afford it, employ a professional "watch" organization to review trademarks being published for opposition in the Trademark Office and notify you of similar trademarks. These organizations spend the entire day scouting both online and in-store markets to make certain that your trademark is protected

Q:        After I police this trademark infringement, how are the damages calculated.
Trademark infringement is the unauthorized use of a trade mark or service mark on competing or related goods and services”(Patent, Copyright, and Trademark. Page 446)
A:         Actual damages are equal to the amount of financial damage done by the infringing company or competitor. You may also be able to recover the defendant’s profits and attorney’s fees. If you are awarded statutory damages, the court will award you a judgment and order the defendant to pay it.

Q:        When I start up my own studio one day, what documents should I sign, and have my employee’s sign, prior to work.
A:         After presenting this question to Keith, there was not a whole lot of information he could give me on the topic, since it was quite far from his field. However, he said I would most definitely need to hire a specific intellectual property lawyer that deals with either the production industry or the entertainment industry to put together the proper zoning and licensing agreements.

Saturday, March 16, 2013

The Questions


On the second part of our final project, we were asked to describe the questions that we would be presenting to the lawyer that we would be interviewing, and why these questions are important to us, and the individual field of study that we are in.

Intellectual property laws came under intense scrutiny with the popularization of the internet at the end of the 20th century. The ability to transform documents, movies, MUSIC, and other expressions into digital copies suddenly made near-perfect copying possible for everyone.” (Patent, Copyright, and Trademark. Page 7)

Here is a list of some of the questions that I presented to Keith at the interview I did with him on Friday.

-       Lets say I Trademark my Producing / DJ name. After it has been accepted through USPTO, and I find someone else or some other company that has been using my logo and name to steal my fans and make a profit for something that they did, how can I go about policing a trademark infringement?

-       After I police this trademark infringement, how are the damages calculated.

-     When I start up my own studio one day, what documents should I sign, and have my employee’s sign, prior to work.

-     When I have a studio and I happen to hire a tracking engineer and if I per chance hear that he/she has been recording bands on the side in my studio for personal profit, using my equipment, what kind of recourse do I get, and do I have any grounds for legal action since it was my equipment and property?

-     If one day I want to sell my studio, yet I want to retain my employment there , the loyalty of the bands I work with, and exclusive rights to working with said bands, yet the company I sell my studio to fires me and breaks the agreement we had upon sale, what action can I take?

If you are concerned with a creation of your own, you’ll first need to know what form (or forms) of intellectual property applies to it.”(Patent, Copyright, and Trademark. Page 8)

Legal Authority


Intellectual property laws, along with court decisions and regulations, establish rules for the following activities: selling or licensing of intellectual property, resolving disputes between companies making or selling similar intellectual property products and services, and the registration and administration of intellectual property.”(Patent, Copyright, and Trademark. Page 5)

For part 1 of our final project, we were asked how I made contact with the person that I chose, how I found them, and why I feel that they were a good choice for my project.

The lawyer I decided to interview is Keith Hawkins. He is part of the Associate General Counsel at United Health Care of Nevada, and oversees the entire legal department at the company.

I was able to get referenced to him, because he works closely with my mother at the company, I talked to her about the project and we both felt that he would be more then able to help me with some of the questions that I had to present.

Since UHCN is primarily a insurance company, Keith deals with a lot of Intellectual property issues concerning the copyrighting and protection of the companies important insurance documents that are constantly changing and requiring update.

At first, I was skeptical about asking some of the questions that I had written down. Because, he deals mainly with insurance copyright and protection, and a lot of the questions that I would be asking were going to be dealing with that of audio production. However, after talking with Keith for a few minutes, I felt comfortable that he would be able to answer most of what I had, and to my expectations, he did not disappoint.

Intellectual property laws consist of several separate and overlapping legal disciplines, each with its own characteristics and terminology.”(Patent, Copyright, and Trademark. Page 5)

Monday, March 11, 2013

Week 9: letters of permission

I chose three letters of permission that i felt would be helpful in my field of audio production. They go over how to compose the letter, and ask for samples, pieces, choruses, to use in your project.

Here are the three that i chose.

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1)
 Sample Letter to Receive Permission to Use Music for Senior Choreography Project 
To Whom It May Concern:
I am a senior student at Booker T. Washington High School for the Performing & Visual Arts in Dallas, TX and one of my graduation requirements is a final senior project. I have chosen a choreographic project and am very interested in using (Name of Music)
by (Composer) . One of my requirements is to secure permission to use the music so that I may learn the proper procedure to secure permission to use a copyrighted piece of music. It is an educational project in a public performing arts high school and the performance is free to the public and the school is not making any profit.
My senior choreography project is about
and I believe that your music will help me portray this idea through movement. You will receive credits in the program with the title of the work, composer,
recording company (if required), and the album.
You may send written permission via e‐mail to: (Name of Student) and (Student Email Address). Thank you so much in advance for your time and careful consideration.
Sincerely,
(Name of Student)
Booker T. Washington High School for the Performing & Visual Arts, Dallas, TX



2) -->



[Place on your school’s letterhead, if available]

[Name of Movie Company]
[Street Address]
[Address]

Re:       [Name of Middle School] Multimedia Yearbook

Dear Sir or Madam:

We are putting together a DVD-ROM multimedia yearbook for our school, [name of school].

We understand that you are the owner of the copyright in the musical composition “[name of song]” and want to include the song in the yearbook.  We want to use [the entire song] or [# of minutes of the song] in the yearbook as [state use, for example, as background to video clips of the class during the school year].

Since we are on a limited budget and distribution of the yearbook will be only to students and the administration of our school, we are hoping that you will allow us this use without any charge.  If this is not possible, please let us know what fee would be required for this use. 

Your signature below, under “confirmed by,” will indicate that you will agree to permit this use without payment of a fee.  Please let us know if you have any questions concerning this license.  Also would you please let us know as soon as possible if this song cannot be licensed so that artistic changes may be made in the songs to be included in the production.  You can reach us in care of [name of teacher advisor], [name of school],[address of school], [telephone number of yearbook or school office], [e-mail address of teacher advisor or yearbook committee]. 

Thank you for your help with this matter and we look forward to hearing from you.

Very truly yours,


[Name of Student]


[Name of Teacher Advisor]

Confirmed by:

LICENSOR


_________________________
[Name of the Music Publisher]


http://www.copyrightkids.org/letters.html

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3)


[Name of Movie Company]
[Street Address]
[Address]

Re:      [Name of Middle School] Multimedia Yearbook

Dear Sir or Madam:

We are putting together a DVD-ROM multimedia yearbook for our school, [name of school].

We understand that you are the owner of the copyright in the musical composition “[name of song]” and want to include the song in the yearbook.  We want to use [the entire song] or [# of minutes of the song] in the yearbook as [state use, for example, as background to video clips of the class during the school year].

Since we are on a limited budget and distribution of the yearbook will be only to students and the administration of our school, we are hoping that you will allow us this use without any charge.  If this is not possible, please let us know what fee would be required for this use. 

Your signature below, under “confirmed by,” will indicate that you will agree to permit this use without payment of a fee.  Please let us know if you have any questions concerning this license.  Also would you please let us know as soon as possible if this song cannot be licensed so that artistic changes may be made in the songs to be included in the production.  You can reach us in care of [name of teacher advisor], [name of school],[address of school], [telephone number of yearbook or school office], [e-mail address of teacher advisor or yearbook committee]

Thank you for your help with this matter and we look forward to hearing from you.

Very truly yours,


[Name of Student]


[Name of Teacher Advisor]

Confirmed by:

LICENSOR


_________________________
[Name of the Music Publisher]

Thursday, March 7, 2013

Week 8 EOC: Mattel Vs. MGE

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In week 8, we watched a short film on the “Bratz Movie”, and then read some articles on the seemingly never-ending dispute between Mattel and MGE.

It seems, that the creator of the extremely successful Bratz doll (MGE), was employed to Mattel at the time of creation, and now Mattel has been trying (unsuccessfully) to sue MGE for the rights to the doll.

From what I have found, it seems that the nearly ten year long case has cost both companies in the upwards of over one hundred-million dollars, and personally I believe that it is a complete waste of money for both companies, since the Bratz doll is only estimated to be worth almost one-Billion dollars.

If this court feud, for a stupid doll, doesn’t end soon. Both companies are going to end up negative hundreds of millions of dollars and its very likely that some other company will come out with a toy that will put them completely out of business.

I believe Mattel should accept its losses, and move on. They should also count their blessings for how massively successful their company has become.