Here is my list of best from worse in the Final.
1. Terheide, Melinda M
2. Lucero, Chelsea Elizabeth
3. Schmidt, Chase M.
4. Casey, Daniella Erin
5. Uy, Maria Feinila D
6. Valencia, Eduardo
7. Schmidt, Chase M.
8. Lee, Sean Anthony
9. Howard, Brett Carroll
10. Chambers, Everett Warren
11. Angel, Renferd K
12. Hearty Raymond
13. Hayford, Kristin
14. Smith, Cary Keola
15. Hardy, Tyrone
16. Cordova, Jake Charles
17. Spencer, Randi J
No Final
18. Ferreira, Charles Edward
19. Silvera, Richard Michael,, Jr
20. Lopez, Osvaldo
21. Beymer, Eric D.
22. Hasson, Keith
23. Bowman, Robert B.
24. Hernandez, Edwin Jess
Thursday, December 16, 2010
My Argument
Honestly, all this talk and reading has place a lot of fear in me. But I guess in a way that is a good thing. There are so many people that act before thinking, or decided to never follow up on their rights being broken, that it’s become easy to take advantage over people. It’s all really a game, and there are winners, and there are losers. The fact of the matter is, you have to stand up for your right, and know what those right detail. Honestly, I would rather never have to deal with lawyers or courts in the first place. I wish I could do all in my power to prevent the possibility that my rights of ownership are violated, or prevent the possibility that I might be charged vice versa. But of course, there is no such thing as 100% safety in this matter, or of any.
Even when I have families that are willing to help like my cousin, I still don’t like any of this one bit, but it’s something I’m just going to have to expect.
In the end, I’m hoping I’ll have the ability to do what’s right, and hope for the better. But what’s also important is have a sense of confidence in that what I’m doing is important. If anything my experience hunting down a lawyer taught me is, you need to be forward with people, and if you want people to take you seriously, you have to not only know what you are doing about, but show it to. Even though I eventually decided to go with my cousin, which isn’t exactly a victory in winning over a lawyer’s attention. I still do feel a lot more confident then how I started off early with this project.
Even when I have families that are willing to help like my cousin, I still don’t like any of this one bit, but it’s something I’m just going to have to expect.
In the end, I’m hoping I’ll have the ability to do what’s right, and hope for the better. But what’s also important is have a sense of confidence in that what I’m doing is important. If anything my experience hunting down a lawyer taught me is, you need to be forward with people, and if you want people to take you seriously, you have to not only know what you are doing about, but show it to. Even though I eventually decided to go with my cousin, which isn’t exactly a victory in winning over a lawyer’s attention. I still do feel a lot more confident then how I started off early with this project.
Rule of Law:
The rule of law is that there are procedures you need to follow if you want to make a case against anyone that has taken the initiative in going over your rights of ownership, and you have to thoroughly follow up on them if you want your case to win. In my talks with my cousin, the one thing that he told me that really stuck out was how he stressed that I should read up on as many details as I possibly can about the matter in either books or on the internet. The knowledge that I retain is vital.
[page 207]If you’re interested in hands-on, step-by-step instructions on obtaining copyright protection, you may want to consult The Copyright Handbook.
Without an understanding of the laws and how they are governed, there’s always the chance that I could make a mistake and leave a loophole in the system in which someone else might exploit. He also told me that when a matter like this was to ever seriously come up in my life, I really shouldn’t contact him since it isn’t the area of his expertise and should seek an IP attorney. What this shows is how important it is to know what one is doing. There is so much room for a mistake to be made that is highly advised that I should seek professional help, and never try to go at it alone. But I should also definitely stand up for my right and not allow anyone to take advantage over me. People will always try to take an advantage over any given situation, and I should always try to stay on top of such matters.
[page 207]If you’re interested in hands-on, step-by-step instructions on obtaining copyright protection, you may want to consult The Copyright Handbook.
Without an understanding of the laws and how they are governed, there’s always the chance that I could make a mistake and leave a loophole in the system in which someone else might exploit. He also told me that when a matter like this was to ever seriously come up in my life, I really shouldn’t contact him since it isn’t the area of his expertise and should seek an IP attorney. What this shows is how important it is to know what one is doing. There is so much room for a mistake to be made that is highly advised that I should seek professional help, and never try to go at it alone. But I should also definitely stand up for my right and not allow anyone to take advantage over me. People will always try to take an advantage over any given situation, and I should always try to stay on top of such matters.
Reasoning of Law:
Below you will find the questions I asked my cousin Victor Hairapetian on the phone to 10 questions over intellectual property cases.
Q_1:
How do I best protect myself from someone else stealing my artwork/design?
A_1:
First off, make sure you have a copyright; you would be surprised how many people forget that step. Secondly don’t be so open with your work, or another words, keep it strictly business.
Q_2:
What’s the first step to take if someone does steal my design?
A_2:
I would suggest writing an e-mail claiming your ownership of such IP. If they aren’t willing to accept your letter, or if they choose not to respond, then seek an attorney that deals with Intellectual Property cases.
Q_3:
Do you recommend I personally contact a company that I suspect has stolen my idea?
A_3:
After the e-mail, in matters like these it’s always best to get a hold of an attorney; there are so many things that could go wrong approaching someone directly that it could be disastrous.
Q_4:
How different (percentage wise) does my design have to be than a similar one?
A_4:
From my understanding, there is no actual percentage of what is expectable. Your work needs to be original; your work needs to be different and unique enough to where it cannot be confused with anyone else’s.
[page 196] It must be original-that is, the author must have created rather than copied it It must have at least some creativity-this is, it must be produced by an exercise of human intellect.
Q_5:
What common issues do designers usually overlook in protecting themselves?
A_5:
Well, from my experience. If you’ve created something you feel qualifies copyright protection, or another words unique and distinguishable enough. Just be weary of who you show your work to.
Q_6:
Do you recommend a lawyer review my contracts before signatures are put on them by the parties involved?
A_6:
If you don’t feel 100% sure with what the contract details, then Yes! I would recommend it.
Q_7:
Where do you recommend a designer look for a contract template?
A_7:
You could look for them online, but I’d recommend again you seeking out an attorney.
Q_8:
Is it better to use a template or have a lawyer draft an original contract for my design?
A_8:
It’s better to have an attorney create the initial draft which you could use in similar work, do this if you don’t want there to be any mistakes.
Q_9:
If I die and have a patent pending, does it become public domain?
A_9:
Depends on how long the patent is perpetuated.
[page 198] As a result of the Copyright Term of Extension Act of 1998, most copyrights for works published after January 1, 1978 last for the life of the author plus 70 years.
Q_10:
When is it necessary to trademark intellectual property?
A_10:
If you’re asking the question, at what time you should you trademark it, I heavily recommend as soon as possible.
[page 196] A creative work is protected by copyright the moment the work assumes a tangible form-which in copyright circles is referred to as “fixed in a tangible medium of expression.”
Q_1:
How do I best protect myself from someone else stealing my artwork/design?
A_1:
First off, make sure you have a copyright; you would be surprised how many people forget that step. Secondly don’t be so open with your work, or another words, keep it strictly business.
Q_2:
What’s the first step to take if someone does steal my design?
A_2:
I would suggest writing an e-mail claiming your ownership of such IP. If they aren’t willing to accept your letter, or if they choose not to respond, then seek an attorney that deals with Intellectual Property cases.
Q_3:
Do you recommend I personally contact a company that I suspect has stolen my idea?
A_3:
After the e-mail, in matters like these it’s always best to get a hold of an attorney; there are so many things that could go wrong approaching someone directly that it could be disastrous.
Q_4:
How different (percentage wise) does my design have to be than a similar one?
A_4:
From my understanding, there is no actual percentage of what is expectable. Your work needs to be original; your work needs to be different and unique enough to where it cannot be confused with anyone else’s.
[page 196] It must be original-that is, the author must have created rather than copied it It must have at least some creativity-this is, it must be produced by an exercise of human intellect.
Q_5:
What common issues do designers usually overlook in protecting themselves?
A_5:
Well, from my experience. If you’ve created something you feel qualifies copyright protection, or another words unique and distinguishable enough. Just be weary of who you show your work to.
Q_6:
Do you recommend a lawyer review my contracts before signatures are put on them by the parties involved?
A_6:
If you don’t feel 100% sure with what the contract details, then Yes! I would recommend it.
Q_7:
Where do you recommend a designer look for a contract template?
A_7:
You could look for them online, but I’d recommend again you seeking out an attorney.
Q_8:
Is it better to use a template or have a lawyer draft an original contract for my design?
A_8:
It’s better to have an attorney create the initial draft which you could use in similar work, do this if you don’t want there to be any mistakes.
Q_9:
If I die and have a patent pending, does it become public domain?
A_9:
Depends on how long the patent is perpetuated.
[page 198] As a result of the Copyright Term of Extension Act of 1998, most copyrights for works published after January 1, 1978 last for the life of the author plus 70 years.
Q_10:
When is it necessary to trademark intellectual property?
A_10:
If you’re asking the question, at what time you should you trademark it, I heavily recommend as soon as possible.
[page 196] A creative work is protected by copyright the moment the work assumes a tangible form-which in copyright circles is referred to as “fixed in a tangible medium of expression.”
The Questions
When it came to the question I felt like asking, I decided to go with the ones our class had come up with in week 7. I felt like those questions pretty much encompass all I was wondered about IP matters, and they were simple enough to where my cousin Victor could have a good understanding of, since his field was real state and not IP to start with. My cousin still did have some experience in IP matters since he had worked with another cousin of mine, Lisa, who use to be in the film industry, and he had been a consultant of hers on such matters.
Legal Authority
It’s funny how difficult it can be hunting down lawyers, in the movies they always seem over eager to take up your case. We’ve all heard of ambulance chasers and how some lawyers are about as eager as door to door salesmen in their endeavors to find a client. Of course in the real world things aren’t as simple. Before falling back on my final option, my cousin, I decided to try out the harder route and go with an unknown. I tried to call up a bunch of offices, but it was amazing just how dodgy lawyers can be especially when it comes to only answering a few questions. I was also amused by the experience how almost all the secretaries seemed sound like they were all the same person. The same indifferent façade, the same broiling questions, and the same “we will get back to you as soon as possible.” In one instance I made the fatal mistake of calling one of the secretaries just that, a “secretary,” and I was rudely introduced indirectly to their feelings towards my condescension. But eventually I decided blood is thicker than water, and went with my cousin, Victor Hairapetian who is a real estate lawyer out of Glendale, California. I’ve known this cousin of mine all my life, he’s about 20 years older than me, plus has been always warm in our meetings. All I had to do was call him up, through his personal cell phone, and never even have to deal with any snarky middle man. Plus, it was pleasant having a chance to speak with him after all these years. The last time I had seen him or talk to him was about 4 years ago, and even though our conversation was short. For the fact I was talking to a lawyer, it was ironically quaint.
Thursday, December 9, 2010
Week 10, EOC: Robert Kearns vs. Erin Brockovich
This week I watched all the bits and pieces in the movie “A flash of Genius” which is about the long and hard battle Robert Kearns had to be put through trying to prove the Ford motor company stole his invention. My first impression of the film was just how boring it felt, the film was long and felt like it went on forever. For the first 20 minutes all I wanted was to see the conflict which would take the film into the second act, it’s what you expect from all films.
As the movie started to reach the third act in where Robert Kearns would finally be confronting the Ford Company in court, I was irritated enough by the whole situation that I finally started to feel something for the film. Obviously the Ford Motor Company portrayed the big bad company who’s out to get all the little people in the world that matter. But the reason this film eventually managed to work for is because, this is what it is.
Compared to Erin Brockovich and its feel good, sharp dialogue, and quick victory, this movie felt more realistic. The fact is Erin Brockovich is more of the feel good film with some exceptional dialogue. So there for the whole court case and the conflict in that film felt like a MacGuffin. This movie on the other hand had a more realistic feel to it. It had more weight, and the film was you can even say the opposite of being entertaining. It was frustrating to watch even till the end where of course the good guy wins, and the bad bad billion dollar Ford motor company gets its come-up-ins.
Truth is Robert Kearns just felt more real, down to earth, boring, annoying to watch, and exactly what I would expect dealing with patent issues and major money grubbing corporations feels like. Because the truth of the matter is, most people aren’t even so lucky as Robert Kearns to win the case and have a mediocre film made about him. So Erin Brockovich in some sense is a lie, even though it is based on the true story. Chances are if I ever get caught up in a case similar to what Robert Kearns went through; I won’t have a lovely red head with a Double D figure winning me a 30 million dollar case.
As the movie started to reach the third act in where Robert Kearns would finally be confronting the Ford Company in court, I was irritated enough by the whole situation that I finally started to feel something for the film. Obviously the Ford Motor Company portrayed the big bad company who’s out to get all the little people in the world that matter. But the reason this film eventually managed to work for is because, this is what it is.
Compared to Erin Brockovich and its feel good, sharp dialogue, and quick victory, this movie felt more realistic. The fact is Erin Brockovich is more of the feel good film with some exceptional dialogue. So there for the whole court case and the conflict in that film felt like a MacGuffin. This movie on the other hand had a more realistic feel to it. It had more weight, and the film was you can even say the opposite of being entertaining. It was frustrating to watch even till the end where of course the good guy wins, and the bad bad billion dollar Ford motor company gets its come-up-ins.
Truth is Robert Kearns just felt more real, down to earth, boring, annoying to watch, and exactly what I would expect dealing with patent issues and major money grubbing corporations feels like. Because the truth of the matter is, most people aren’t even so lucky as Robert Kearns to win the case and have a mediocre film made about him. So Erin Brockovich in some sense is a lie, even though it is based on the true story. Chances are if I ever get caught up in a case similar to what Robert Kearns went through; I won’t have a lovely red head with a Double D figure winning me a 30 million dollar case.
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