Your Own Argument and Opinions

I agree with the copyright laws almost totally, it makes protecting your wok very easy without being too restricting. The point that I found to be particularly disturbing however is the fact that a copyright has a time limitation, and if you or someone from you family estate is not around to renew it, at some point in time a person could benefit from it without being in violation of copyright law. “The Statute of Anne, it provided copyright protection for 14 years, which could be extended by another 14 years if the copyright owner was still alive when the first term expired” (Beatty, 507) Though since the time of Queen Ann, this period has been extended, “Today, a copyright is valid until 70 years after the death of the work's last living author or, in the case of works owned by a corporation, the copyright lasts 95 years from publication or 120 years from creation, whichever is shorter. Once a copyright expires, anyone may use the material. Mark Twain died in 1910, so anyone may now publish Tom Sawyer without permission and without paying a copyright fee” (Beatty, 507) the fact that a person could still publish or benefit from my work at any point is egregious. No matter how long it is, the fact that I was the originator of the work will never change, so I believe that that copyright protection for one’s work should be infinite and the should be no need for renewal, especially since according to copyright law an initial registration is not necessary for copyright protection. It then makes no sense to place any sort of time limitation on that protection. I think that I would join the fight with many other artists and creators in order to have that part of the Copyright Act changed, repealed or amended to protect the artist and their works infinitely. I want to know that even in death, no one could claim rights to, take credit for, or benefit from the work that I dedicated my life to without having to suffer some sort of consequences.

Rule of law

Copyright law can be very confusing for someone who doesn’t understand the nuances of the law; however the laws were created in a straight forward manner that will protect the creator of any form of media.  “The holder of a copyright owns the particular expression of an idea, but not the underlying idea or method of operation.” (Beatty, 506) No matter the form of media, be it music, a novel or a photograph, once the media is created, it is automatically copywritten and owned by its creator. The creator is then protected from someone else using and benefiting from their work without permission or payment.  “A work is copyrighted automatically once it is in tangible form. For example, when a songwriter puts notes on paper, the work is copyrighted without further ado.” (Beatty 506) When a photographer takes a photograph, he or she owns the copyright to the photograph, except when the photograph was done for hire. A photographer has full copyright protection once he presses the shutter according to copyright statute first set forth in England by Queen Ann in 1710. America adopted these statutes, however it is not necessary in the United States to register with the copyright office unless filing a suit for infringement, “Registration with the Copyright Office of the Library of Congress is necessary only if the holder wishes to bring suit to enforce the copyright” (Beatty, 506) although it is encouraged that you use the copyright symbol or a watermark because the symbol is recognized internationally. “Lawyers still recommend using the copyright symbol because other countries recognize it. Also, the penalties for intentional copyright infringement are heavier than for unintentional violations, and the presence of a copyright notice is evidence that the infringer's actions were intentional.” (Beatty, 506) The copy right act MDCA provides financial reparations for a person that intentionally infringes on a person’s work digitally.

Reasoning of the Law

When it comes to copyright in general, one must first understand what a copyright violation is. “Anyone who uses copyrighted material without permission is violating the Copyright Act. To prove a violation, the plaintiff must present evidence that the work was original”.(Beatty,507) These laws were first adopted by America from statues set forth by Queen Ann in the 18th Century. “More than 300 years ago, on April 10, 1710, Queen Anne of England approved the first copyright statute. Called the Statute of Anne, it provided copyright protection for 14 years.” (Beatty, 506) In your particular case, copyright has had a grand evolution. Unlike photographers of the past, with the birth of the internet and the digital age of photography, stricter and more detailed laws had to be set forth for your protection. “One of the major challenges for legal institutions in regulating copyrights is simply that modern intellectual property is so easy to copy.” (Beatty 508) The photographers of today still have the protection of the original copyright laws of the United States  but they have the added security while publishing their media on the internet through digital means from people stealing their work, or deleting their copyright information digitally. “Congress passed the Digital Millennium Copyright Act (DMCA) which provides that: It is illegal to delete copyright information, such as the name of the author or the title of the article.” (Beatty,509) The DMCA is the best case law in the last century as far as digital protection it provides several protections. “It is illegal to distribute tools and technologies used to circumvent encryption devices. If you help others to copy that software program, you have violated the statute” (Bailey,509) Also, if you encrypt your work and someone circumvents that digitally, it is still a violation of the MDCA. “It is illegal to distribute tools and technologies used to circumvent encryption devices. If you help others to copy that software program, you have violated the statute.” (Beatty, 509) For your line of work, the MDCA should be your first point of reference.

The Questions

All of my questions are concerned with the nuances of copyrights. “The holder of a copyright owns the particular expression of an idea, but not the underlying idea or method of operation.” (Beatty 505) As a photographer who plans to go into business for himself, copyright laws and their protections are essential to the success of my business.  “A work is copyrighted automatically once it is in tangible form. For example, when a songwriter puts notes on paper, the work is copyrighted without further ado. But if she whistles a happy tune without writing it down, the song is not copyrighted, and anyone else can use it without permission.”(Beatty 505) The legal questions that plagued me the most were those that concerned whether or not I had copyright protection because my work is an image and not written work, “Unlike patents, the ideas underlying copyrighted material need not be novel. For example, three movies—Like Father Like Son, Vice Versa, and Freaky Friday—are about a parent and child who switch bodies. The movies all have the same plot, but there is no copyright violation because their expressions of the basic idea are different.”(Beatty 505), whether or not I needed to copyright every single picture I took,  “Registration with the Copyright Office of the Library of Congress is necessary only if the holder wishes to bring suit to enforce the copyright.”(Beatty 505) and in what situations I could file a claim of copyright infringement on a person using my images without my permission. “Anyone who uses copyrighted material without permission is violating the Copyright Act. To prove a violation, the plaintiff must present evidence that the work was original and that either: The infringer actually copied the work; or The infringer had access to the original and the two works are substantially similar”. (Beatty 507) My conversation with Attorney Hunter led me to some interesting answers.

Legal Authority

The person I interviewed was William D. Hunter of Hunter and Associates. He is a defense attorney specializing in criminal and corporate law. A lawyer has abilities when it comes to the interpretation of law that people who are not used to thinking in an interpretive manner do not. “We teach the reader— over and over—how to approach a question: to start with the overarching principle, examine the fine point raised in the question, apply the analysis that courts use, and deduce the right answer. This skill is second nature to lawyers but not to students.”(Beatty xx) I made contact and found William D. Hunter because he is my girlfriend’s uncle and she worked in his legal office for two summers. Not only is Mr. Hunter an attorney but also he is well versed in the areas of litigation and ADR with extensive copyright and criminal law experience. “Litigation refers to lawsuits, the process of filing claims in court, trying the case, and living with the court's ruling. Alternative dispute resolution is any other formal or informal process used to settle disputes without resorting to a trial.”(Beatty 35) When Studying the law or legal questions expert help is essential and though judges do hear precedent and make decisions, lawyers are usually better versed on the actual nuances of the laws. “Lawyers have a different perspective—their primary goal is to protect their clients by avoiding litigation, now and in the future.”(Beatty 207) I knew that Mr. Hunter was a good choice for the project because in his experience he had mediated more successful than unsuccessful deals for clients. “Your lawyer's goal should not be to annihilate the other side. In the end, the contract will be more beneficial to everyone if the parties' relationship is harmonious.”(Beatty 208) Mr. Hunter’s firm but harmonious negotiation style has fettered many lucrative deals and long-lasting business relationships for his clients and their partners.

Week 8 EOC: Legal questions

If an illustration of one of my photographs is made and used commercially or editorially, is it an infringement of my copyright?

When can bloggers use photos they find online for free?

If you take a photo of a work of art that you did not create, who owns the copyright?

What is the difference between copyright and creative commons?

Does a creative commons license mean that I can use the photograph any way I want, for free?

Who owns the copyright in a photograph once it is taken?

If I don’t register my copyright, do I still own the copyright to my photos?

Should only Americans register their copyright with the Library of Congress in the United States?

What is the Digital Millennium Copyright Act?

If I am photographing a job for a client, does the client own the copyright or do I?

 

Week 7 EOC: Progress on finding a lawyer

So far I’ve done some local research and that didn’t get me very far endless people telling me they’ll get back to me. Hang up after hang up being on hold for what seems like forever. Then they all ask me what is that I want to speak to a lawyer for once I start to tell them they say oh you’re just a photography student then they start a mini speech that I think all local lawyers here in Henderson NV give to their secretaries it goes a little something like this. “Oh he doesn’t handle your type of problems but if it’s something that pays then he’ll help you as fast as he can” then I cut them off and tell them I need help with a school project then they tell me to try again at a later date. So now I’m reaching out to my friends and family I have a few paralegals in my family and they all have direct contact with lawyers and some of my friends have lawyers that they can call if they need to so I’ll be able to reach out to a lawyer in no time this will be interesting.

Week 6 EOC: Illegal trade

The Mozambique government has come under fire for its growing role as one of the major exporters of illegally acquired rhino horn and elephant ivory in Africa. In Mozambique poaching is illegal, but it’s not considered criminal. So, consequences are minimal. Highly organized Vietnamese traders aren’t the only ones who take advantage of this. Mozambique nationals are heavily involved in the poaching of rhino horns in Kruger National Park, which sits on the border of Mozambique and South Africa. Hundreds of rhinos are being killed with Mozambican offenders often living so lavishly that it’s impossible to mistake the lucrative trade they’re engaged in. Mozambicans are crossing the border into South Africa and killing the animals there, as well. They bring the horns back, sell them, and then ship them from airports and seaports to Asia. But South Africa and conservation groups are no longer tolerating this chain of criminal activity. They made themselves known at a March meeting of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which, says the World Wildlife Fund’s Jenna Bonello, “regulates the trade in animals and animal products,” thereby ensuring “that international trade in specimens of wild animals and plants does not threaten their survival.” There, CITES officials singled out Mozambique for its lack of action on poaching, and offered solutions to help mobilize the country against it. According to the Johannesburg Times News, however, one such proposal sounds more like a mandate. The Times reports that after CITES put Mozambique on notice to “amend its legal poaching legislation,” South Africa’s Environmental Affairs Minister warned Mozambique that her country intended to “re-erect” an 80 kilometer-long-fence along Kruger and Limpopo National Parks if the poaching problem doesn’t stop. Should re-erection happen, Mozambique stands to lose up to R13-million ($1.5 million) in donor money from international aid organizations for its role in maintaining the peace park.

Week 5 EOC: Apple-Samsung battle

Apple and Samsung are two of the top technology companies as far as cell phones and tablets go.  Apple has tried to ban older models of Samsung phones from being sold in the US and Samsung has done the same to Apple; both of which were denied. The ITC had earlier issued an order banning the import of some older iPhone and iPad products but the Obama Administration stepped in last weekend to veto that move (AllthingsD.com). Since the case last year Samsung has stopped selling most of the products that they have been accused of stealing which could make it difficult for Apple to take the victory in appeals court. Apple still has won a case against Samsung, for a lessor amount of money, but Samsung will have a new trial. One week after Samsung sued Apple in the ITC court, Apple filed a counter-suit citing several patent infringements, including on the hardware design of the iPhone (Money.Cnn.com). A federal judge on Friday slashed nearly half of the $1 billion damage award a jury ordered Samsung Electronics to pay Apple Inc. after a high-profile trial over the rights to the design and technology running some of the world's most popular smartphones and tablet computers U.S. District Court Judge Lucy Koh lowered the damages awarded to Apple Inc. by $450.5 million for 14 Samsung products including some products in its hot-selling Galaxy lineup, saying jurors had not properly followed her instruction in calculating some of the damages. Also on Friday, the International Trade Commission, a quasi-judicial federal agency that can block imports of foreign-made goods, is expected to issue a ruling on whether Samsung infringed several different Apple patents (The Wall Street Journal).

Week 4 EOC: Edward Snowden

Did Edward Snowden commit a crime? He is innocent until proven guilty, but it seems almost certain that there are laws against disclosing classified information that he intentionally broke (meaning, he intentionally did the prohibited conduct, not that he knew what the law was, which is irrelevant, although working in this world, he must have known what was unlawful). So, yes, he committed a crime. I’m quite sure there was an offer put out there in order for him to take a job at the NSA that’s called an “Offer. All contracts begin when a person or a company proposes a deal. It might involve buying something, selling something, doing a job, or anything else. But only proposals made in certain ways amount to a legally recognized offer”. (Beatty 143) Then Edward Snowden accepted the offer and in that acceptance I’m sure that he was not suppose to leak information to the public in any form and with that said I’m sure some consideration was agreed upon. “Consideration. There has to be bargaining that leads to an exchange between the parties. Contracts cannot be a one-way street; both sides must receive some measureable benefit”. (Beatty 143) So now he’s working for the NSA and then around the spring of 2013 he leaked information of several top-secret United States and British government mass surveillance programs to the press at that point he didn’t execute his contract. “Executed contract an agreement in which all parties have fulfilled their obligations”. (Beatty 145) The stand that I take on this whole situation is he didn't die a hero, so he lived long enough to see himself become a villain. Snowden’s initial intentions were honorable. A country that regards democracy as a human right had violated the civil liberties of its own citizens without public knowledge or consent but I still feel that he’s guilty.