Tuesday, September 11, 2012

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published, creditable artist, what measures may one need to take to protect their image, creative work, published and unpublished work.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

Tuesday, September 4, 2012

EOC: Week 9 Permission Letters

As an independent makeup artist and stylist I am on location, private shoots, and even asked to be part of events. During the past year I have become heavily involved in my career, and have been creating my personal website. When creating my website I knew what wanted, but not certain how to create it. I wanted music in the background that could have a continuous loop without becoming annoying to my viewers. I also wanted to borrow high-fashion merchandise from various vendors to create my own personal flare as a stylist. While thinking of all the creative content I would like on my website I realized the laws and regulations regarding the use of such content. “Published work, an original work of authorship is only considered published under the Copyright Act when it is first made available to the public on an unrestricted basis. It is thus possible to display work, or distribute it with restrictions on disclosure of its contents, without actually “publishing” it” (Patent,Copyright & Trademark PG320). From doing some research I realized I needed to write “Letters of Permission,” to each person, or sole owner of the intellectual property being used, borrowed or a merchandise agreement. I needed to write four different letters of permission in order to make sure I was doing things legally and respectfully to the creator/owner of the property. The act of “Piracy, a colloquial term without legal significance, piracy is used to describe the illegal activity of willful copyright infringers.” Plagiarism, is the act of deliberately passing off somebody else’s original expression or creative ideas as one’s own. Plagiarism can be a violation under the copyright laws if original expression is copied” (Patent,Copyright & Trademark PG315). The letters of permission grants the borrower, a written and legal agreement allowing the borrower to use the owner’s intellectual property for the reason stated within the letter. 

Tuesday, August 28, 2012

BOC: Week 8,FInal Project: Progress in getting a lawyer

While searching for lawyers in the Las Vegas area, I came across a website that had a list of lawyers whom specialized in the different fields. From Business, Consumer, Civil, Intellectual property and the list goes on. As a fashion major and makeup artist, I want to make sure I’m picking a lawyer who understands my field. Even though I have a friend who is a successful lawyer with a creditable firm, I decided to branch out and make connections with other lawyers in different fields. When I clicked on the links I was disappointed that it was just a another search engine. I went to the beginning and googled one by one of lawyers I felt would be suitable to answer my questions. I started with the Entertainment industry and found a lawyer who practices entertainment law. As a makeup artist I want to make sure I know what laws apply, such as model/artist release forms and trade for picture. I went to (http://www.avvo.com/attorneys/89169-nv-jennifer-craft-1770571.html) and found an entertainment lawyer named Jennifer K. Craft. She specializes in entertainment, intellectual property, trademark infringement and copyright application. I also found a list of other lawyers who share the same qualifications. I have left messages but have not received a call back. If  I do not hear from them I will ask my friend. 

EOC:Week 7, FInal Project: Plans

When searching for lawyers you must first have a general idea on what you need a lawyer for. Rather it’s civil, criminal, entertainment or divorce. In this case I’m in search for a lawyer to answer 10 question that may apply to my field of study, Fashion Retail Merchandising Management. To start my search I’m going to use the internet a look for lawyers in the Las Vegas area, who specialize in the different fields. From Business, Consumer, Civil, Intellectual property and copyright law. As a fashion major and makeup artist, I want to make sure I’m picking a lawyer who understands my field. Even though I have a friend who is a successful lawyer with a creditable firm, I decided to branch out and make connections with other lawyers in different.  

Tuesday, August 14, 2012

EOC: Week 6 Illicit Trade

(http://www.thelodownny.com/leslog/2011/04/chin-proposes-counterfeit-crackdown-shoppers-vent.html)

Money laundering, Smuggling, transporting and illicit trade has taken over the underground illegal trade groups causing massive corruption across the globe. From knock off designer purses, watches and shoes, illicit trading has now taken it a step further making pharmaceuticals that contain toxic and deadly ingredients and human organs that have been stolen from bodies or sold at a very low cost. “The world is under threat from a new kind of international crime wave: illicit trade in everything from knock-off Prada bags to bogus medicines, from dangerous weapons to humans themselves. While smuggling is nothing new, globalization has made it larger and far more ominous. The global value of this "dark trade" is estimated to reach a phenomenal ten percent of the world's trade. Since the 1990s it has been growing seven times faster than legal trade—and it's having profound consequences for the world's economy and for politics everywhere” (http://www.pbs.org/programs/illicit/). Illicit trade has been expanding across the globe from china to Boliva to the US. Having organized crimenetwroks to smuggling everything and anything they can get their hands on. To clean their illegal fortune these underground groups lauder their money through investments such as property. “A new National Geographic Special, Illicit: The Dark Trade, is not just about smuggling or crime, it's about how these criminal networks are changing the world. Illicit trade has increasingly dangerous political consequences: money laundering, massive corruption and the subversion of entire governments. It is changing how we live in ways unrealized, and governments around the world seem powerless to stop it. Illicit trade is redefining economic relationships, borders and the role of workers, managers, armies and governments” (http://www.pbs.org/programs/illicit/).

Tuesday, August 7, 2012

EOC: week5 patent trolls

(http://www.mactrast.com/2012/08/legislation-would-make-patent-trolls-pay-legal-bills-for-defendants/)

"Patents have a life span of 17 or 20 years. To keep them valid, companies must pay maintenance fees every four years. Once they expire, the holder is expected to remove the numbers from products" (http://online.wsj.com/article/SB10001424052748703467004575463843289453872.html). Recently a gentlemen named Raymond Stauffer decided to take into action the patent law which states any expired patent number must be pulled off the sales floor. He filed this claim with a well known retailer, Brooke's Brother for having old patent numbers on current selling bow-ties which had expired in the 1950s. With the law at place was Mr Stauffer in the right, by placing a lawsuit against the retailer Brooke's Brothers? Even though the product we speak of, a fashion bow-tue reflects no harm onto a person? The states we can. Since this suit, people all over states are looking for patent expedition numbers. "Lawyers for product manufacturers now fear clients are liable for up to $500 for every tube of mascara or box of garbage bags marked with an expired patent—an error that turns out to be quite common" (http://online.wsj.com/article/SB10001424052748703467004575463843289453872.html).
Since patent lawyers are going to extremes to find these expire patent numbers, corporations are spending numerous amount of time, research, and money to track the problem and reissue the patent numbers before they in counter another lawsuit.
"Corporations are spooked, according to numerous attorneys who represent manufacturers of consumer products. They are checking the status of patents and scrambling to review the product lines on shelves to be sure labeling is up-to-date. And they are contacting suppliers to make sure their patents are valid" (http://online.wsj.com/article/SB10001424052748703467004575463843289453872.html).
Will this solve the patent lawsuits against corporations whom use expired patent numbers? So far it looks like corporations are now taking full responsibility and taking matters into their hands by doing extensive research on their current selling products and their vendors.