Final Project: My Argument and Opinion

 Most of my questions dealt with copyrights which "give the ownder of a creative work the right ot keep others from unauthorized use of the work" (Patent, Copyright, and Trademark, Richard Stim, Pg. 197) and trademarks which is "a distinctive word, phrase, logo, graphic symbol or other device that is used to identify the sourceof a product or service and to distinguish it from comeptitors." (Patent, Copyright and Trademark, Richard Stim, Pg. 380) After talking with Todd, I gained a little better knowledge of intellectual property law.  I agree with most of his rulings, since they make logical sense, but I don't completely agree with him on a certain ruling, and that pertains to the question I asked him about an internet radio site streaming one of my bands songs without permission and being able to collect royalties. In part of his answer, he stated that if my band is aware that this is happening we only have a certain amount of time to bring the site to action. I think we should be able to collect royalties still especially on the sites that are subscription sites where "listeners pay a fee to listen to music." (Patent, Copyright, and Trademark, Richard Stim, Pg. 339) I enjoyed learning more about the intellectual Property, "These laws don't prevent someone from stepping on my rights, but they do give me ammunition to take the trespasser to court" (Patent, Copyright, and Trademark, Richard Stim, Pg. 5)  After talking to Todd, I feel like I can better protect myself and my work in the world of intellectual property law. He was very friendly and open during the interview and was happy to answer any questions I had to ask. Todd was a very good choice as a lawyer to interview. 

Final Project: Rule of Law

Intellectual Property Law "consists of several separate and overlapping legal disciplines, each with its own characteristics and terminology" (Patent, Copyright, and Trademark, Richard Stim, Pg. 5) which include patent, copyright and trademark law. My questions pertain mostly to copyright and trademark law since I am in the music industry and it is very important to have an understanding of these laws. 

Question 1. If I own a recording studio and I hire a sound engineer and he decides to record his band as a side project at my studio, do I have rights to the songs they just recorded?

Todd ruled this as the sound engineer and his band have the copyrights to all the songs they recorded. Even though the engineer works at my studio and recorded his band with my equipment on his own time, I don't have any rights to their work. The band would be the copyright claimant which is "the party considered to be the basic owner of the copyright." (Patent, Copyright, and Trademark, Richard Stim, Pg. 237) Also the sound engineer is not under a legal contract stating the studio has rights to their songs. 

Question 2. If an internet radio streams one of my bands songs without our permission, could we collect royalties for how many times the song has played?

Mr. Uglow ruled this in two ways. The first one being if I know of the site streaming our song, then we have a statute of limitations which is "the legal time limit by which a person bringing an infringement lawsuit must file suit."(Patent, Copyright, and Trademark, Richard Stim, Pg. 331) But if my band is unaware of the actions of the radio site, then if I am unaware of the infringement then my band can go after the site to collect royalties. 

Question 3. If a company has a logo that looks similar to my bands and they use it in a derogatory way, can my band sue the company for trademark infringement?

Todd ruled this as a possibility depending on a couple factors that the courts will look at. He talked about trademark dilution of famous marks which are "widely recognized marks by the general consuming public as a designation of the source of the goods or services of the mark's owner." (Patent, Copyright, and Trademark, Richard Stim, Pg. 430) If my band builds up a fan base and someone decides to tarnish our logo, my band would be able to go after them for trademark infringement.

Question 4. Is the only way to use a sample of another artist's song is to ask for permission from them?

Todd ruled this as the only way to be able to use another artist's song is to get permission or else that is copyright infringement and that artist can bring an infringement action which is "a lawsuit brought against someone who uses a copyrighted expression without permission." (Patent, Copyright, and Trademark, Richard Stim, Pg. 280) 

Question 5. If a band wants to cover one of my bands songs and put it on their album, would we be able to collect a certain amount for royalties for every album they sell with the cover they did our song?

Todd ruled this as my band is the music publishers/songwriter which are people "who own song copyrights and collect revenue" (Patent, Copyright, and Trademark, Richard Stim, Pg. 294) we have the right to collect a small percentage of every sale of the album that has the cover of our song. 

Final Project: Reasoning of the Law

When I was asking Todd Uglow my questions, he was answered without hesitation. Todd did not go into a lot of detail when answering my questions, but he gave me enough information to make sure I had a clear answer to my questions. His thought process was very stream like in a way going from one explanation to the other. In no time, I had the answers to my questions.

Question 1. If I own a recording studio and I hire a sound engineer and he decides to record his band as a side project at my studio, do I have rights to the songs they just recorded?

Answer - Todd said, that the sound engineers band would pay to rent the equipment at a certain and they will retain the copyrights for everything they create. Unless I, as the owner specify that they can use the equipment for free for a cut in the copyright ownership.

Question 2. If an internet radio streams one of my bands songs without our permission, could we collect royalties for how many times the song has played?

Answer - Mr. Uglow said I possibly could go after the site. If I am aware about what is going on then yes I could go after them and collect royalties. Then on the other hand if I am aware, I only have a limited amount of time to go after them. Then he said, both internet radio and radio stations need licensing to play artists' songs. This would be licensing of copyrights which is "a method by which the owner of a copyright gives permission for another to use or copy an original work of authorship." (Patent, Copyright, and Trademark, Richard Stim, Pg. 289) My band being the owner of the copyrights to the song being streamed, have the chance to collect.

Question 3. If a company has a logo that looks similar to my bands and they use it in a derogatory way, can my band sue the company for trademark infringement? "Trademark infringement is the unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services." (Patent, Copyright, and Trademark, Richard Stim, Pg. 446)

Answer - Todd replied that again I possibly could and that the law isn't as black and white as some may think. He said that the courts would look at a number of things, if the companies are in the same industry and how similar the marks look. Uglow then mentioned something about "trademark dilution" which is a principle where "owners of a famous trademark may prevent it from being used by others on unrelated goods" (Patent, Copyright, and Trademark, Richard Stim, Pg. 386) If the trademark falls under dilution then we can go after them for trademark infringement.

Question 4. Is the only way to use a sample of another artist's song is to ask for permission from them?

Answer - This was a pretty simple question for Todd to answer. The only way to sample an artist's song is to ask for permission. If you don't that is copyright infringement which is "any unauthorized use of a copyrighted work that violates the copyright owner's exclusive rights in the work constitutes an infringement." (Patent, Copyright, and Trademark, Richard Stim, Pg. 237)

Question 5. If a band wants to cover one of my bands songs and put it on their album, would we be able to collect a certain amount for royalties for every album they sell with the cover they did our song?

Answer - Todd said, yes, the band would get a percentage of each album sold with that bands cover of our song. It is usually a 10th of a percentage for each sale. Depending on how big the song is, determines how much we could get back in royalties. My band would be granting that an exclusive license which is "a contract in writing which a copyright owner authorizes another person or entity to exclusively exercise one or more of the rights that belong to the copyright owner under the copyright." (Patent, Copyright, and Trademark, Richard Stim, Pg. 261) We would still collect royalties from being the songwriters.

Final Project: The Questions

Question 1. If I own a recording studio and I hire a sound engineer and he decides to record his band as a side project at my studio, do I have rights to the songs they just recorded?

This interests me because one day in the future I would like to own my recording studio. The legal issues here would be whether or not my sound engineer employee is a work made for hire "which is a work created by an employee within the scope of employment or certain works specified in the Copyright Act created by an independent author under a written contract specifying that the project is a work made for hire." (Patent, Copyright, and Trademark, Richard Stim, Pg. 340) Depending if I put him under certain stipulations while he works here, will determine if I have rights to their songs. 

Question 2. If an internet radio streams one of my bands songs without our permission, could we collect royalties for how many times the song has played?

This question interests me because I am in a band, if we make it big and have hit songs, more than likely one of our songs will be streaming on one of those internet radio sites. These are labeled as webcasting sites which is "the digital transmission of music over the Internet. " (Patent, Copyright, and Trademark, Richard Stim, Pg. 339) The legal issue here is if I can collect royalties for radio stations playing my band's song without our permission. I'm not sure how often this happens, but you can never be too sure. 

Question 3. If a company has a logo that looks similar to my bands and they use it in a derogatory way, can my band sue the company for trademark infringement?

I like this question because logos/trademarks are everywhere. These are the symbol that represent a company and that everyone recognizes. The legal issue here would be if the company is infringing upon my bands logo because it would be well known and it they would be causing trademark dilution which "impairs or tarnish its reputation for quality" (Patent, Copyright and Trademar, Richard Stim, Pg. 387) I wouldn't want some company tarnishing my bands reputation so they can make a few quick bucks. That is just wrong. 

Question 4. Is the only way to use a sample of another artist's song is to ask for permission from them? 

I am a huge lover of music and would like to take a step into the electronic music world. A lot of DJ's/Hip Hop Artists use sampling. Sampling is "the digital recording process of using a portion of a sound recording which can be manipulated to replay once or twice or repeat as a loop throughout a new recording." (Patent, Copyright, and Trademark, Richard Stim, Pg. 327) The legal issue here is that before I make a sample of another artist's song, I don't want to get smacked with a lawsuit for copyright infringement. 

Question 5. If a band wants to cover one of my bands songs and put it on their album, would we be able to collect a certain amount for royalties for every album they sell with the cover they did our song?

Covers are all around in the music world. Somewhere in the world, someone is learning an artist's song and will probably perform it live at some point in time. This interests me because at one time or another, if my band makes it big, someone out there will probably try to learn one of our songs and perform it at another time. My band as being the music publisher, who "own song copyrights and collect revenue, handle business formalities, sue infringers, and look for new ways to exploit songs." (Patent, Copyright, and Trademark, Richard Stim, Pg. 294) This would be another way for my band to make a little money on the side. 

Final Project: Legal Authority

After having a run of bad luck with finding an Intellectual Property Lawyer, I decided to ask Todd Uglow who happens to be a professor here at The Art Institute of Las Vegas and an Intellectual Property Lawyer. I had Mr. Uglow as a professor for the class Communications 101 in my first mid quarter here. He told us that he was an Intellectual Property Lawyer and that he has represented many celebrities from sport athletes to professional singers. It was silly of me to not ask him right off the bat, but he really was the perfect choice since he deals with these kinds of cases each and every day.

Week 10 EOC: Lawyer Jokes

Question: How can you tell that an attorney is about to lie?
Answer: His lips begin to move.
http://www.stromer.com/jokes/185jokes.html

Q: What's the difference between a vacuum cleaner and a lawyer on a motorcycle?
A: The vacuum cleaner has the dirt bag on the inside.
http://www.iciclesoftware.com/LawJokes/IcicleLawJokes.html#QandA

What's the difference between a porcupine and an ambulance chasing BMW carrying three lawyers?
-- A porcupine has the pricks on the outside.
http://www.lectlaw.com/files/fun15.htm

Q: What's black and tan and looks good on a lawyer?
A: A Doberman.
http://www.jmpressley.net/humor/lawyers1.html

Week 9 EOC: Letters of Permission

The websites I got my letters of permission from are
1.Permission to Audio Tape https://docs.google.com/viewer?a=v&q=cache:frEtVthW9L0J:www.stmarys-ca.edu/sites/default/files/attachments/files/Sample%2520Letter%2520of%2520Permission%2520for%2520Audio%2520Taping.docx+&hl=en&gl=us&pid=bl&srcid=ADGEESjkcbBns-lYMQ7uq3eg2iqjyRI1bg7PVWFpeSgzmUJSR0U2Gpz_L_3cgAC9wnFF3lrNmLPLPWGRI2ASaF8aKSEdNL1p2-EAriTYzuhP3HQQjZ2P2O1_Wnk2WDuy4Zkk5j7fEx23&sig=AHIEtbQVx36tBS9ghsqy66ZCA3F6uUdmRw

2. Permission to use copyrighted work.https://docs.google.com/viewer?a=v&q=cache:NZgPBaNK-4sJ:www.mbc.edu/grafton/rpc/docs/step4/permission_to_use.doc+&hl=en&gl=us&pid=bl&srcid=ADGEESizOzWIX9FVRVB9aHnjBdIxT_N0r07jtHsQSa-5e1IYH_41om3tEU4za8WhFzt2mVvFP6G0FrShJU5DGOUI36R1AIpfLmcZhSyP-aZCovEXwJAYDi7TpROuOq6wQZ7JXApyifJ7&sig=AHIEtbQP2Li2pVqCqFZIc2-xwn4OZoQ5bA

3. Permission to use photographs http://guides.nccjapan.org/content.php?pid=195789&sid=1648257

4. Permission to stream video on Internet https://docs.google.com/viewer?a=v&q=cache:o2akW3yM340J:copyright.columbia.edu/copyright/files/2010/12/model-letter-streaming-video-on-internet-121010.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESiQnrF8UVfYZ5rNRnyZ69oc3ljylwyAmiYEWPKse7WxzDSXcCRLdFR8oeZeCMThryxjVy7xLdbed-4qK2aKDH8AzpjF8l0wFK7Voyc3EKtqrR8sqFkTzAKT9Gpg0z7aY6M5n7Sd&sig=AHIEtbTP_SS7d1MmgoPWXi_yVPdlH3zk5w

Week 8 EOC : Bratz vs. Mattel

The battle between Mattel and MGA is quite ridiculous. Right now, this case is like a game of tug-of-war. The court is in the middle and you have Mattel and MGA trying to get the court to rule in their favor. This case has been overturned quite a few times, first in favor of Mattel which was awarded 100 million dollars under the case of whether Barbie's clothing designer was still under contract when he came up with the Bratz design. "In 2008, a jury concluded that Barbie doll clothing designer Carter Bryant was under contract to Mattel when he came up with the initial design for the Bratz dolls. The jury awarded Mattel $100 million, and the trial judge ruled that the Bratz franchise was the property of Mattel."(under course shell description) This ruling was overturned by the Ninth Circuit Court of Appeals by this reasoning, "it was unfair to give Mattel the Bratz line, because its value was "overwhelmingly" created by MGA." Just recently these two companies were at it again, but this time it was MGA who was coming out swinging. They were suing Mattel for using fake business cards to get access to MGA's toy shows so they could see what they were coming out with, so basically to steal their ideas. That isn't a farfetched story at all, it all likely could be true. That's what the jury thought and MGA won 172.5 million dollars. Then not too far down the road, once again, the federal appeals court threw out the verdict and said, "the company’s counterclaims shouldn’t have been allowed to go to the jury." (http://www.bloomberg.com/news/2013-01-24/mga-bratz-win-over-mattel-partly-erased-by-appeals-court.html) There's so many flaws that are appearing in our court systems. One thing might be right in one court, but then they take it to a higher court and they throw out the verdict. The law is a crazy, ridiculous thing. After having the verdict thrown out twice, I would have done with it. Why doesn't MGA and Mattel just join forces and become a huge monopoly, oh wait, those are illegal...whoops.

Week 8 BOC: Progress on Final Project

For this class' final project, my progress is starting off slowly. I have been looking up lawyers that are possible interviewees to answer the questions that I'll cook up. Just a week ago, I ran into an old friend, who recently just graduated from UNLV somewhere in the law division. He dropped a hint that he works as a law clerk, for a law firm that I forgot. My friend said, once I figure everything out, that he would be able to get into direct contact with his law firm and we can conduct the interview. I'm still a little confused on how I should form my questions and what I should ask. Hopefully I get inspired soon because I'm running out of time. I think I will look at the definitions in the book at try to formulate questions from there. Overall in this class, I am pretty much caught up on everything. I still have to do update one blog when we watched the movie on the black market. Once I get caught up on this blog, I'll be able to fully focus on this class' final project.

EOC Week 7: Lawyers

Preston Sterling Kerr - 702-608-0835
Frank J. Colucci - (212) 935-5700 Ext 200
Michael D. Rounds -  775.324.4100 
Robert H. Reynolds -702-997-0467
Kendelee Leascher Works - (702)-382-4804
Maria Nutile - 702-307-4870

John Lambertsen - 702-997-1732

Mary F. Chapman - 702-800-3362

Randy Shimon - (702) 312-4175

Brian C. Whitaker - (702) 433-9696

EOC Week 6: Illicit: The Dark Trade

The movie Illicit: The Dark Trade brings to surface a dark and nasty deed that is going on around the world and how it is affecting every single industry today. It affects the fashion world, from the making and selling of counterfeit, Prada/Louie Vuitton, to the audio/video industry in the terms of downloading music and movies for free. It doesn't just stop there, but as with drugs, no surprise but there, then it also includes human trafficking. To hear that parts of the world are trafficking humans all over the world is quite absurd to say the least. Who knew that people could make tons of money trafficking humans, anyone these days will do anything to make a quick buck. Also these counterfeiting schemes have found their way into our pharmaceutical drugs. That is unbelievable! Now people have to worry about if they are taking the real deal when it comes to there prescription. In the movie they talked about this guy who was making millions of dollars selling fake Viagra to people all over the world. He was making so much money, so fast he couldn't put it in a bank, and he started spending thousands of dollars since he couldn't do anything else with the money. Being an audio production major and musician myself, I can see where these people are coming from, people stealing their hard work right from under them. Depending on who the artist is and the person they are determines their outlook on the subject. Most bands don't make money selling albums anymore since they are available on the internet just about anywhere. They will make most of their money touring the world, performing for their adoring fans. To me music was made for listening and to show people. If people are downloading your music, you must be doing something right since they want to listen to you. I show support for bands by going to their shows and buying their expensive shirts, but it's all worth it. This illegal world of the black market plays a huge impact on the world and the people that inhabit it.

Week 5 EOC: Patent Trolls

The definition of Patent Troll is a disparaging term for someone who sues for patent infringement but who does not make or sell any products using the patented technology. (Patent, Copyright and Trademark An Intellectual Property Desk Reference, Pg. 137) In this article of The Wall Street Journal called, "New Breed of Patent Claim Bedevils Product Makers" they talk about these "patent trolls" who are going out and looking for companies who are putting fake patent numbers on their products. This is quite sickening to me knowing that their are people out there doing this. It's like they don't have anything else to do with themselves besides be a troll and find a way to make easy money. "According to Chicago-based merchant bank Ocean Tomo, which tracks patent suits, nearly 350 federal lawsuits have been filed since the December appellate court ruling."("New Breed of Patent Claim Bedevils Product Makers," Wall Street Journal) The world patent troll is perfect for all these people that are in the patent business only for suing. They are truly Americans from that point, since everyone just wants to sue everyone and make a bunch of money. Times are hard so lets just sue everyone. This is unbelievable, it truly is. A good example would be of The Tompkins, a wife and patent, who have sued more than a dozen companies for expired patents. ("Mr. Tompkins says he heard about the December federal-court ruling from lawyer friends. He and his wife then spent hours poring over Internet advertising to check for outdated patents on products." ("New Breed of Patent Claim Bedevils Product Makers," Wall Street Journal)  Unfortunately there is no way to get rid of trolls in the world since they are stuck behind their computers searching the internet for more out of date patents on products. All these patent trolls are just lazy people who want to make some quick money no matter how it's done.

Week 4 EOC: Experience

The experience of the game was very fun and interactive. Not only did we get to learn the definitions, but we also got a little closer as a class since it was a team effort. I would like to do this more often in class to learn definitions and earn extra points towards future exams. Nothing like giving a little incentive to do well in the game so you can do well on the exam. Everyone seemed to be enjoying themselves with playing the game. One thing I did not understand was how we earned the extra points where some people got as little as no points to 37 points. I accumulated 5 extra points. It isn't bad, but it isn't good also. If i had 37 extra points added to my exam, that would be a good start and allows room for a couple of mistakes and takes a lot of the pressure off. If there was a better way to distribute points, it would make the game a little more rounded out and everyone would enjoy it that much more. Frank knows how to get the class involved because he wants us to do well and pass this class.

Week 3 EOC: Jeopardy Questions

Best 3 Questions-
1. This most common kind of patent expires 20 years after the filing date of the regular formal patent application.
Answer - What is a Utility Patent.

2. This is a term for someone who sues for patent infringement but who does not make or sell any products using the patented technology.
Answer - What is a Patent Troll.

3. The process by which an owner gives permission to another party to make, use, or sell his/her patented invention.
Answer - What is licensing of an invention.

EOC Week 2: Erin Brockovich

The legal issues in Erin Brockovich were very prominent. The company of PG&E between the years of 1952 and 1966 used Hexavalent Chromium to fight corrosion in the cooling tower water. (http://www.swrcb.ca.gov/rwqcb6/water_issues/projects/pge/index.shtml) Over this time period, the water dissolved the Chromium 6 and leaked into the water supply of surrounding towns, poisoning the people's water supply, exposing them to this hazardous material. To keep this on the down low, PG&E paid for the doctors visit for families to have them report that nothing was wrong. Meanwhile, Brockovich went around the town of Hinkley and talked to anyone she could to find out about their lives and if there was anything wrong with anyone due to her finding out about the Hexavalent Chromium, she ended up talking to 600 people. She encouraged Ed Masry, the lawyer who hired her at his firm, to take on this case against the giant corporation that was worth 28 billion dollars. When it was all said and done, the 28 billion dollar company, PG&E had to payout a sum of 333 million dollars to the 600 people that they have poisoned. (http://www.brockovich.com/mystory.html) Of this 333 million dollars, Erin Brockovich got a whopping 2 million dollars for her hard work to bring this company to justice. This is just plain corruption within the corporations that run America. If something like this happens with a big corporation, instead of trying to hide, they should be focusing on how to remedy the situation. Paying off doctors to tell families that everything is ok, when in reality it's not, is just down right immoral. Those doctors working for the PG&E companies should have their licenses revoked and be out of work. Innocent people's lives are on the line and for what, not everything can be saved with money. Big corporations are just in it to make money and they don't really care what happens, as long as they make their money, everything is fine.

EOC Week 1 - My Voice

As an audio producer, I'm always looking for that certain sound that gives that audio piece that distinction. One must have a keen sense of hearing, knowledge of how sound waves interact with the environment around us and knowledge of the different equipment used in the industry. My musical background has driven me towards this profession. I first started playing Alto Sax in the 6th grade and continued to play through my 7th grade year. My 8th grade year is when I switched to Tenor Sax because my band director asked me to look into since the Jazz Band didn't have any Tenor Saxophonist's yet. This opened up a whole new world of music to me which I haven't really been exposed to. I continued to play in the jazz and concert bands throughout high school with the addition of marching band which took a lot of time and dedication. I still play to this day with my band Chug-A-Luv, hoping to capture our sound and put it out into the world.