final

Final order ftom least to best:

Ward, Kellie Jeynea: Grade F didn’t do it

 Donohew, Angel R: Grade F didn’t do it

Lares, Joaquin Frank: Grade D Partially did it.

Cunningham, Lana M: Grade B

Renda, Nina: Grade B

Hall, Christopher B+

Smith, Kiri Shannon: Grade A

The reason I like the last two was the fact that they did the project and correctly the followed the instruction to a T. half if the class did the final project which made the final evaluation much more simple Kari did it all Lana didn’t finish the final project. Nina didn’t quote the book and I didn’t cite one person only followed the project details.

My Argument

Christopher Hall

Class BUS250H Contracts, Negotiations and copyrights

Lawyer: Donald L Prunty

After sitting thought this course for ten weeks and trying to have a better understanding of what copyright patent and trademark laws persisted of and contained. Then speaking with an attorney about ways that this pertained to my industry in fashion. I would have to say not only to I agree with his ruling because of the information was so true to the book and course content for instance a question about using a designers work to gather information or inspiration to do a piece of work of your own is it legal and may I do it? Speaking with Donald L. Prunty it depended on a few key thoughts one what would the work being created us going to be used for? Second it depended on if the work that you were using recourse was protected and how was it protected.  “ Some uses of copyrighted work are considered fair use- that is the use may be infringed, but the infringement is excused because the work is being used for a transformative purpose such as research, scholarships, criticism, or journalism purposes.”   After reading this information I couldn’t help but agree with the ruling in question. In order to be sewed for infringement of copyright laws the accuser has to prove access  “ that the work was copied, sold, or performed without authorization, the copyright owner must demonstrate that the person accused of infringement had reasonable opportunity to view to hear the copyrighted work and that the two works-the infringer’s and copyright owner’s –are substantially similar. “ the reasoning for the answers that I received is evident in the book, I must say because the information was for educational purposes that trusting the lawyer was a tiny bit more easy . Now if this way a case that he was on I am totally sure that the information would be a lot more complex.

Rule Of Law

Christopher Hall

Class BUS250H Contracts, Negotiations and copyrights

Lawyer: Donald L Prunty

The most of the information that I received about my questions I wrote and asked pertained to copyright laws. Because majority of the fashion industry has been around for centuries patents are harder to obtain. When it came to trademarks those are the names and logos that are attached to a specific line or fabric company.  As I went through the book Patent, Copyright & Trademark 11^th edition, to gain a concise summary o were Donald L. Prunty was giving information from on who owns the copyright and how it s created. “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 tangible medium of expression.” Referring this information bask to the answers that I received gave me the conformation of the answers I previously was given. The next question pertained to use of copyrights with out permission. “ Some uses of a copyrighted work are considered fair use- that is, the use may infringe, but the infringement is excused because the work is being used for a transformative purpose such as research, scholarship, criticism, or journalism.” Again very similar to the answers that I received over the phone. Another key point that we went over was on copyright laws being regulated in other countries. “ in the united stated, copyright protection protects derives from the U.S constitution, which requires that original work of authorship be protected by copyright.”  “copy right protection rules are fairly similar worldwide, due to several internal copyright treaties, the most of which is the Berne Convention.” So in the end every bit of non-legal advice that I received from Donald L Prunty was in alignment with the information that has been given to me throughout the course.

Reasoning Of The Law

Christopher Hall

Class BUS250H Contracts, Negotiations and copyrights

Lawyer: Donald L Prunty

Understanding these simple answers to the questions above will save myself or the company millions of dollars in law suits. The majority of the issues stem from copyright laws because it is more complex when it comes to creating something in fashion that has not been done before is close to almost impossible. For an example Dresses have been created for centuries so you cant patient the dress because it an obvious item that has been around, now you may be able to patient the fabric used to create this specific style or styles of dresses. But again it cant be cotton or rayon or a mixture of any fabrics that has been previously made unless you put them in a way that changes the chemistry and adds some property that has not been utilized by the fabric prior. I know sounds complex I know its even more complex in trying to do it. But this was also helpful because you can use the past fashion trends and designs for inspiration into the future. The lawyer I gathered the information made several valid points when it came to paten law and copyright law. Knowing how to protect your ideas, investments & dreams while not being on a front page some were being sewed is a key to success. Being aware of what is protected and what is not will take me a further distance in my career.

Legal Authority

Christopher Hall

Class: BUS250H contract, negotiations and copyrights.

Lawyer: Donald L. Prunty

I wish that I could say that contacting a lawyer was a challenge but it honestly wasn’t. Yes in the beginning I thought that I had this amazing lawyer to utilities to gather all the information that I would potentially need to complete this paper, but of course like most things in life that feel through. I remembered the project that we previously did in class; finding intellectual property lawyers on line and list names and contact information. So I grab the list off of my blog and started to dial as I contacted the first number and spoke to the receptionist asking to speak with a Miss Schwartz, Sheri I received a voice mail. Of course she is out of that office and now somewhere else, starting to feel the pressure I lost hope for only a few seconds. Understanding that I only called one person on a list of about thirty I looked at the list to find a name that possibly could be a decent hearted lawyer to answer the question that I desired I know decent hearted lawyer is there possibly a bigger oxymoron in the universe? But I reached one on the second attempt a man by the name of Donald L. Prunty when he answered the phone I am sure that he thought that this might be his next big case. To his surprise no I wasn’t I was a student in need of information. He chuckled over the phone as if he won the lotto and it was for a messily cent. After his spiel about this being only for educational purposes and not legal advice he answered all my question and quite well. He was the savior to my final project that seemed hard but was a lot easier to complete then many may have betrayed.

Week 10 the law and jusgice : two movies

After seeing the movies in question Erin Brockovich and Flash or Genius the out look that i  have now on lawyers is still the same. they are who they are "trained to be", depending on the school they have attended wither it be Yale Harvard or USC the educational training prepares these individuals in different ways. the lawyer from a small town school would be more open to listen and attentive to the clients needs and in the end may or may not screw you over, but you were herd non the less. Now lawyers from higher in school feel that they are to good to hear your story unless you have money and lots of it or the potential to make them it. so at the end of the day they recommend you to someone that that will deal with what they are to great to. I never had a perception of lawyers and how they manipulate there ways into our finances but the thing is that we require a service that we cant fulfill on our own. it not like hiring someone to clean your house which you can do yourself. we utilize them because they have the education and know how you either get you out of trouble or make you some extra cash.

Eoc 10 lawyers jokes

After his graduation from college, the son of a Spanish lawyer was considering his future. He went to his father and asked if he might be given a desk in the corner from which he could observe his father’s activities and be introduced to his father’s clients as a clerk. His observations would help him decide whether or not to become a lawyer. His father thought this was a great idea and immediately helped to set it up.
The first client the next morning was a tenant farmer — a rough-hewn man with calloused hands who was dressed in workman’s clothing. He said,
“Mr. Lawyer, I work for the Gonzales farm on the east side of town. For many years I have tended their crops and animals, including some cows. I have raised the cows, fed them and looked after them. And I was always given the understanding and the belief that I was the owner of these cows. Now Mr. Gonzales has died and his son has inherited the farm. He believes that since the cows were raised on his land and ate his hay, the cows are his. In short, we are in dispute over who owns the cows.”
The lawyer said, “Thank you. I have heard enough. I will take your case. DON’T WORRY ABOUT THE COWS!”
The next client to come in, a young and well-dressed young man, was obviously a landowner. He said, “My name is Gonzales and I own a farm on the east side of town. We have a tenant farmer who has worked for my family for many years, tending crops and the animals, including some cows. I believe the cows belong to me because they were raised on my land and were fed my hay. But the tenant farmer believes they are his because he raised them and cared for them. In short, we are in dispute over who owns the cows.”
The lawyer said, “Thank you. I have heard enough. I will take your case. DON’T WORRY ABOUT THE COWS!”
After the client left, the lawyer’s son could not help but express his concern. “Father, I know very little about the law, but it seems we have a very serious problem concerning these cows.”
“DON’T WORRY ABOUT THE COWS!” the lawyer said. “The cows will be ours!”

 joke 2

A woman goes to her doctor and says, "Doctor, my husband has developed a penchant for anal sex. So I came to you for advice."
"Ok, let's see...does it hurt you?"
"Hmmmm .. a little."
"Do you like it?"
"Hmmm ..... well, yes."
"Then, I don't see any reason why you shouldn't do it. If you take care about not getting pregnant."
"Getting pregnant? I didn't know you could get pregnant in that way."
"Of course you can. Where do you think all lawyers come from?"


joke 3



Q: What do you call a lawyer gone bad.
A: Senator.

Q: What do you throw to a drowning lawyer?
A: His partners.

Q: What does a lawyer get when you give him Viagra?
A: Taller

Q: What's brown and looks really good on a lawyer?
A: A Doberman.

Q: What's the difference between a lawyer and a liar?
A: The pronunciation.

Q: What's the difference between a lawyer and a prostitute?
A: A prostitute will stop screwing you when you're dead.

Eoc week 9 letters of promotion

The four letters that i choose were Photo, Model, Label or logo and a made up a general release form for the rest. the reason that i choose these four types were because in the fashion industry if your not writing these releases your receiving them in order to make sure that what needs to be done is done. Needing to be familiar with theses documents is an understatement. it is my plan in the near future tho be receiving many of these from prospect companies that desire a new flare in styling and design or merchandizing and marketing. after writing these out after looking at other samples on line it made being a designer more complex. i thought that it was just drawing and sewing, but there is a business side to everything and it must be done if you desire to be successful and not taken to court. keeping things that you create something  protected, valuable and desired is what these letters show me that as long as i have the letters and selectively give them out so that only the ones that deserve them is able to use my information and or designs that i and in control of were i am able to go in life.

week 8 eoc: brats brawl

This case ties into trade secretes very closely Mattel clams that the brats doll is there's by "intellectually" that the idea was stolen by former employees of Mattel. However Mr. Larian, MGA's CEO, said Mattel's allegations that he instructed Mattel employees to steal documents was "nonsense. To the contrary, we told them, in writing, don't bring anything from Mattel, please. Not even a paper clip," Mr. Larian said. its ironic to think that these two individual dolls came from the same place and same minds that created the Barbie doll a doll that is centered around wholesome values and the white picket fence while this bratz doll is the total opposite it wild and adventurous. why would Mattel come out with a doll that would ruin there house hold name? Some analysts aren't so convinced.

"It is a colossal waste of money," says Sean McGowan, toy industry analyst at Needham & Co. "I understand they wanted to send a message that they protect their intellectual property....Message delivered." i cant seem to believe that they would do that so i tend to agree. I cant say that 100% of the doll is original but can barbie? dolls have been around for centuries and this is just a new one that happens to be much better. CEO of MGA Larian says  "We look forward to the judicial system to correct the wrongs Mattel has done to MGA over the years." and i do aswell. there will always be a new thing just like barbie bratz will soon have its day.

 

The Final Questions & Answers

Christopher Hall

Contract negations and copyrights

Thursday 03-03-2011

Confusion in fashion that deal with design

Me: Would it matter if only a part of the design of the suit was copied or would it have to be the entire product as a whole?

Mr. Prunty: part is plenty Copyright laws, design patens, utility patens. I.e.… color done a specific way or a specific stitch pattern. If you copy anyone of these you may be in danger of being sewed.

Me: If something isn’t done soon about the Chinese disregard for the United States Anti-privacy laws, do you think it is going to even more deeply hurt the economic position of the fashion industry globally?

Mr. Prunty: we have laws that regulate anti-privacy in china its just making sure that these laws are being enforced which isn’t easy at times there is a office in Shanghai.

Me: Can a fabric be trademarked?

Mr. Prunty: no but one fabric may have several copyrights. Color can’t but patterns on the fabric can images fabric may be sold to a company exclusively which will bare their trademark logo.

Me: Would I be at risk of getting sued if I used the same fabric widely associated with a designer but not containing their logo if the trademark isn’t trademarked?

Mr. Prunty: yes because the design itself may be copy written, like a specific striping pattern.

Me: Doesn't intellectual property law protect fashion?

Mr. Prunty: not the industry but the ideas that come from individuals as long as they go about doing the things needed to protect there work.

Me: If counterfeit handbags, sunglasses, DVDs, etc. are illegal, why are they so easy to find online and on the street?

Mr. Prunty: because it’s enforced by customs, companies are responsible for enforcing laws or infringements against there company

Me: How is fashion law different from any other industry or field-specific law? What would, say, a Fashion Law 101 syllabus look like?

Mr. Prunty: not that different form any other it would consist of types of protections, contracts, copyrights prints, patens, trade secrets i.e. (Paten of bra supports)

Me: Is it legal to gather inspiration from multiple designers’ designs to make your own work?  “Inspiration” in other words looks at their designs and creates pieces with similar designs.

Mr. Prunty: depends how the information that you are using is protected. Companies have one year to protect it once it has been exposed to the public.

Me: Once a design is drawn can it be protected without being made?

Mr. Prunty: drawings are protected under copyright laws but it must be registered to sew.

Me: how can I prove that someone has used my design drawing to produce his or her line?

Mr. Prunty: have to prove knowledge and access.  i.e. I took my art work to them in good faith with a non-disclosure agreement that they wouldn’t use the designs without compensation. Ideas are free unless protected by patent laws.

These questions are very important to me in many ways desiring to create my own line some day or the possibility of working for someone’s line.

Q

Legal Authority

BOC week 8: Progress on contacting a lawyer

Although i had a lawyer in mind, I considered testing the market and finding a lawyer that truly practices intellectual property law. After contacting a few lawyers this week in hope to set up meetings and get this project done and to gain some useful information for my dreams as a fashion designer. i have yet to have had a meeting, my goals are set now to have a meeting over the phone or to simply email a lawyer my questions and an explanation on what i am doing and why. the web hasn't been much help just with the finding of smiling faces on there pages but not having the same personality when it comes to being bothered by a striving artist. Its a wounder that we as people actually pay to use these people. but with hopes high and my grade on the line ill continue on to find that one lawyer that actually remembers what it was like when they were in my shoes.