EOC: Week 11 Final Project: Reasoning of the law

My attorney answered my question based on the Nevada Revised Statue of Barbering and Cosmetology Act.With this law set place, every state must follow the guidelines. The only exception may be the number of hours required in the state which the license is being issued.  “Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practice of barbering and cosmetology, including the practice of skin care by licensed estheticians. Existing law requires the State Board of Barbering and Cosmetology to administer the act. A violation of the act is a crime. Existing law requires an applicant for an esthetician license to practice skin care, defined as, among other things, giving facials, applying makeup, and beautifying and massaging the face and neck using specified substances and certain devices, to complete an application, pass an examination, pay an application and examination fee, and meet other educational requirements. Existing law also authorizes an applicant for an esthetician license to satisfy those other educational requirements by, among other things, completing an apprenticeship program in which a licensed apprentice learns and acquires knowledge about skin care under the supervision of a board-approved licensee. Existing law generally makes licenses issued by the board subject to biennial renewal and imposes a specified renewal fee.” (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1751-1800/ab_1754_bill_20120217_introduced.html). With this law set in place in assures the customers of these services they are in the hands of an professional. They have dedicated their time and competence to obtain the license and perform such services to the public. When practicing makeup artistry as an independent contractor there may be some limitations of rights. When a Makeup artist is contracted by a agency, or company the law and rights are printed in bold to state the copyrights and use of any images or work that may be produced from all parties involved. Compensation, the use of the work may be negotiated between the artist and the contractor during the time of the contract or prior. When a contract is not involved and it is a verbal agreement between photographer, model and artist the use of the images and any copyrights must be discussed and clarified with all parties involved. 

With these laws set in place the artist and others involved are protected. “Photography images are protectable under copyright law whether in print or digital format. The photographer is considered the author and the original owner of the copyright. Absent an agreement transferring rights, a person who is photographed does not acquire copyright ownership in the photo. However, a 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 and trademark, PG312). When wanting to borrow intellectual or creative property one must write a letter of permission. With this “Permission, copyright protection extends to any original work regardless of who created it and permission is required for reproduction, display, or distribution of the work. The reason for acquiring permission is to avoid lawsuit.”  (Patent, Copyright and trademark, PG310).