Tuesday, September 4, 2012

Your Own Argument and Opinion

Having talked with a lawyer I feel that they knew what they were talking about. Having done my studies from the class I was prepared and had in minor stand figured out what actions to take, but after speaking to them and having them provide additional information to my questions it was no doubt they understood the law for copyright and intellectual property “Intellectual property refers to products of human intellect that have commercial value and that receive legal protection.” Patent, Copyright & Trademark, Attorney Richard Stim, page 4.  I can honestly say that I aside from one facet of the conversations, I agreed with everything they said. My one and only confusion on the copyright law is that I understand the work-for-hire (“Under the Copyright Act, an “original work of authorship” encompasses, with a few exceptions, any type expression independently conceived of by its creator” Patent, Copyright & Trademark, Attorney Richard Stim, page 302. “Copyright Act of 1976: This comprehensive federal statute governs copyright protection for original works of authorship created after January 1, 1978.” Patent, Copyright & Trademark, Attorney Richard Stim, page 235.) but does that mean that if you created something on your own time using your own tools and resources that whatever work you created regardless of its content would belong to your employer. It’s a head scratcher to me for sure. Perhaps one day when I sign my own contract with a company I will get to ask that exact question. Phillip was very informative about the telling me about working under an alias also know as a pseudonym “A “pseudonym work” is one on which the author is identified under a fictitious name. . . The copyright will last 95 years.” Patent, Copyright & Trademark, Attorney Richard Stim, page 318.  The difference between and idea and an expression of that idea and what copyright actually protected. “It is important to understand, however, that copyright law protects only the expression itself- not the underlying facts, ideas, or concepts.” Patent, Copyright & Trademark, Attorney Richard Stim, page 234. As well as what steps to take to protect my works by sending them to a third party and having them saved and timestamped for me as well as to register for the copyright “Under the Copyright Act of 1976, aboriginal work of authorship gains copyright protection Th. Instant it becomes fixed in a tangible form this means that such protection is available for both published and unpublished works.” Patent, Copyright & Trademark, Attorney Richard Stim, page 234.  And when it comes to postings on blog with a mixture of my own original images and text as well as being combined with others that my arrangement and placement as well as the original content was covered “Any work of authorship that is not protected under copyright law is said to fall within the public domain.” Patent, Copyright & Trademark, Attorney Richard Stim, page 319. And even if you are working with friends it’s just good business sense to have everyone sign certain agreements like the nondisclosure agreement (“The term “nondisclosure agreement” is often used interchangeably with “confidentiality agreement” or “NDA”.” Patent, Copyright & Trademark, Attorney Richard Stim, page 550. “This is a legalese for written promise by an employee not to compete with his or her employer, or take employment with a competing business, for a specified length of time after the employer-employee relationship ends.” Patent, Copyright & Trademark, Attorney Richard Stim, page 528.) so that everyone is protected regardless our relationship to one another. As well as if you are putting your work out there it’s just lazy not to take the simple and easy steps (“Any unauthorized use of a copyrighted work that violates the copyright owner’s exclusive rights in the work constitutes as infringement.” Patent, Copyright & Trademark, Attorney Richard Stim, page 237.) to protect you and your work.

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