Final Exam: Forced Choice

1)Alicia Booth 

She had her profile and all of her blogs in place. She did a great job on her final project; all blogs were properly sited and in place. She had a lot of good information on infringement and copyright laws. 

2)Kylie Cameron

He did a great job with final project. Had good information about Permissions, Intellectual property  and copyright ownership of photos.

3) Amer Khwaja

 His blog was in place and his final was completed. He wanted to know how to protect his images and where and how he may shoot on location photos. Such as needing to obtain a release form to shoot on certain property locations 

4) Zach Relninger

He had all of his blogs in place and his final blog was completed. I like his writing style and the way he would catch the readers attention. 

5) Joy McGivern 

She had her final blog in place. As a photograpgher she wnated to make sure she was taking the right steps to protect her work. I really liked this quote she used in who owns the creative property.  “Copyright of a work made for hire belongs either to the party who commissioned it or the party who employed the creator, not the party who created it.” Patent, Copyright & Trademark, Attorney Richard Stim, page 340. 

6) Christopher Sua

He didn’t have his “text” in different color for quotes, but other then that his blog was in place and was interesting ot read. He had over 300 words in all blogs. 

7)Lisa Munns 

I had my blog in place, but I was missing the last two blogs for my finals. 

8) Briana Stephens

She had her blog in place and her argument with “Bratz Brawl was interesting. 

9)Bryan Ramirez

He had a great start to his blogs, but then we lost him. He didn;t have his final blogs in plcae, but the rest of his blogs were in place and interesting. 

10)Andrea Carrillo

Her blogs weren’t in correct order, but she did have blog in place. She had some trouble contacting a lawyer and was not able to complete her assignment. 

11) Erika McBee-Marquez

She didn’t complete her final blogs, but the rest of her blog seemed to be in place. 

12)Rom Alon

Her profile and twitter was in place and she had most of her blogs. She only had one blog for her final which was the Progress. 

13) Jonathan Allen

He didn’t have his profile picture or about me. He had a few blogs missing, and only had one blog for his final. 

EOC: Rule of Law

EOC:Quotes from the book

“Copyright infringement is any unauthorized use of a copyrighted work that violates the copyright owner’s exclusive rights in the work constitutes infringement.”  (Patent, Copyright and trademark, PG237).

“A copyright gives the owner of the creative work the right to keep others from unauthorized use of the work. Under copyright law, a creative work, must meet all of these three criteria to be protected. It must be original, it must be fixed in a tangible medium of expression and it must have at least some creativity (must be produced by an exercise of human intellect.” (Patent, Copyright and trademark, PG197).

“Assignment of copyright is the transfer of all or a portion of a copyright to a new owner. An assignment usually involves the permanent transfer of the entire copyright, but an assignment may also transfer less than whole the whole copyright.” (Patent, Copyright and trademark, PG214).

“Collaboration agreement is when coauthors want to specify their rights, obligations and percentage of copyright ownership and revenues, they enter into a collaboration.” (Patent, Copyright and trademark, PG224).

“Duration of copyrights is how long a copyright lasts in the US and depends on when the work covered by the copyright was first created.”  (Patent, Copyright and trademark, PG255).

“Exclusive license, which must be in writing, is a contract in 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, PG261).

“Grant of rights is commonly used in the license agreements and other contracts pertaining to intellectual property, refers to the rights being transferred under the agreement.”  (Patent, Copyright and trademark, PG276).

“Independent creation is when an author independently creates a work, it is considered original, even though it may be highly similar to another work created by someone else.”  (Patent, Copyright and trademark, PG279).

“Joint work is work prepared by two or more authors who intend to merge their contributions into inseparable or interdependent parts of the whole.”  (Patent, Copyright and trademark, PG287).

“Licensing of copyrights 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, PG289).

“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).

“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 os 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).

“Published work is an original work of authorship which is only considered published under the Copyright Act when it is first made available for the public on an unrestricted basis.”  (Patent, Copyright and trademark, PG320).

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).

EOC: Week10, FInal Project: Answers from attorney

1. What is the difference between a license and a demonstrators license? To what extent can a demonstrators licensed be used?

"Every license is prima facie evidence of the right of the holder thereof to practice that occupation of cosmetology for which the license is issued." (Dowon)

"“Demonstrator of cosmetics” means a person who demonstrates the application of cosmetics in a cosmetological establishment for the sole purpose of selling cosmetics."(Dowon)

2. Does a makeup artist who has a certification in advanced makeup artistry, need to obtain a cosmetology licenses in which he or she practices their art if she is not in a salon? Why and why not?

"yes; there are limited situations where a license is not necessary, e.g. see answer to 3" (Dowon)

3. As a freelance, self-employed makeup artist do I need any of the license to have clients, be on a set, or to self promote?

 "no not if it is in the course of and incidental to the production of a motion picture, television program, commercial or advertisement is exempt from the licensing requirements of this chapter if he or she renders cosmetological services only to persons who will appear in that motion picture, television program, commercial or advertisement."  (Dowon)

4. What copyrights do I own as a makeup artist?

                  " those copyrights you are able to negotiate for"  (Dowon)

      5. Would a makeup artist need to sign a model release form? Is there a form that does need to be signed to authorize the use of my artistry contribution?

        "these would be determined by the agreement between makeup artist and employer."  (Dowon)

6. How would I write a contract that assures payment, trade for pictures and creditability?

"not sure what issues would arise as to payment that aren’t inherent in any contract; make sure language regarding payment is not conditional on approval and that payment is due upon rendering of services"  (Dowon)

7. Do I have rights to use the images I contributed to as a makeup artist? What are the extent of my rights?

"determined by agreement reached between you and employer, or if you are setting up production of the images then these are rights that you should expressly reserve."  (Dowon)

8. As a fashion major, I want to collaborate with other designers. When asking to borrow merchandise for a photoshoot, do I need to sign an agreement with the designer on how the merchandise may be used or published? Would the same apply to the photographer?

     "it’s not necessary but the better practice may be to do so, as it is intended to be a collaboration."  (Dowon)

9. If the photo was to be published in a magazine would there be a contact between the all parties involved? How would the parties involved receive composition? Will the creative minds involved in lose all rights to the image that was being published?

"this will be determined by agreement, most importantly the initial agreement between contributors to production of the image -- who owns the image and the right to be compensated for its use."  (Dowon)

10.  When becoming a published, creditable artist, what measures may one need to take to protect their image, creative work, published and unpublished work.

"ensure that in any contract for artistry work agreement is reached the makeup artist is credited"  (Dowon)

EOC:Week9, FInal Project: Questions for the lawyer

As a makeup artist I want to make sure I follow the law, have the correct certifications and licenses. I also need to make sure I know and understand my rights as an artist. I came up with ten questions to ask an attorney in regards my field.

1. What is the difference between a license and a demonstrators license? To what extent can a demonstrators licensed be used?
2. Does a makeup artist who has a certification in advanced makeup artistry, need to obtain a cosmetology licenses in which he or she practices their art if she is not in a salon? Why and why not?
3. As a freelance, self-employed makeup artist do I need any of the license to have clients, be on a set, or to self promote?
4. What copyrights do I own as a makeup artist?
5. Would a makeup artist need to sign a model release form? Is there a form that does need to be signed to authorize the use of my artistry contribution?
6. How would I write a contract that assures payment, trade for pictures and creditability?
7. Do I have rights to use the images I contributed to as a makeup artist? What are the extent of my rights? 
8. As a fashion major, I want to collaborate with other designers. When asking to borrow merchandise for a photoshoot, do I need to sign an agreement with the designer on how the merchandise may be used or published? Would the same apply to the photographer? 
9. If the photo was to be published in a magazine would there be a contact between the all parties involved? How would the parties involved receive composition? Will the creative minds involved in lose all rights to the image that was being published?
10. When becoming a published, creditable artist, what measures may one need to take to protect their image, creative work, published and unpublished work. 

EOC: Week 10 Lawyer Jokes

1) Is there a way to thank you?

"How can I ever thank you?" gushed a woman to Clarence Darrow, after he had solved her legal troubles. My dear woman," Darrow replied, "ever since the Phoenicians invented money there has been only one answer to that question" (http://www.ahajokes.com/law048.html)

2) Q & A form jokes

Q: What do you call a lawyer with an IQ of 100?
A: Your Honor.
Q: What do you call a lawyer with an IQ of 50
A: Senator.

(http://www.iciclesoftware.com/LawJokes/IcicleLawJokes.html)

1. "You seem to be in some distress," said the kindly judge to the witness. "Is anything the matter?"
   "Well, your Honour," said the witness, "I swore to tell the truth, the whole truth and nothing but the truth, but every time I try, some lawyer objects" (http://brainden.com/lawyer-jokes.htm)
2. DEER TRACKS

“Two lawyers were out hunting when they came upon a pair of tracks. They stopped and examined the tracks closely. The first lawyer announced, "Those are deer tracks. It's deer season, so we should follow the tracks and find our prey. The second lawyer responded,"Those are clearly elk tracks, and elk are out of season. If we follow your advice, we'll waste the day. Each attorney believed himself to be the superior woodsman, and they both bitterly stuck to their guns. They were still arguing when the train hit them” (http://www.corsinet.com/braincandy/jklaw.html)

5) Get money to heaven

“A stingy old lawyer who had been diagnosed with a terminal illness was determined to prove wrong the saying, "You can’t take it with you. After much thought and consideration, the old ambulance-chaser finally figured out how to take at least some of his money with him when he died. He instructed his wife to go to the bank and withdraw enough money to fill two pillow cases. He then directed her to take the bags of money to the attic and leave them directly above his bed. His plan: When he passed away, he would reach out and grab the bags on his way to heaven. Several weeks after the funeral, the deceased lawyer’s wife, up in the attic cleaning, came upon the two forgotten pillow cases stuffed with cash. Oh, that darned old fool," she exclaimed. "I knew he should have had me put the money in the basement" (http://www.ahajokes.com/law022.html).