Wednesday, March 20, 2013

The Questions

The questions I asked the lawyer on itellectual property are geared towards visul effects. Ever since I started my work I have been curious about how to protect my work. I have asked some if these questions before to some of my visual effects teachers but now was my chance to get a professional to answer them. I have been thinking of using short intros for some of my motion graphic pieces, annimations, and videos so I have been work on my logo that will use as watermark form my graphic designs and intros where it will animate on screen. Naturally one my questions was that I have created a logo that I will use in my design pieces. How do I trademark it? But I was wondering if a watermark was enough to protect my graphic designs and logos, or is more needed in order make sure my work is protected? "Trademark infringement is the unauthorized use of a trade mark or service mark on competing or related goods and services”(Patent, Copyright, and Trademark. Page 446). Probably one the most important questions is how do I take action against someone who is using my work without my permission. "Whether the lawsuit will be effective and whether damages will be awarded depends on whether the alleged infringer can raise one or more legal defenses to the charge" (Patent, Copyright, and Trademark. Page 446). Everyone knows that what we artist do is very time consuming and hard. So it is much more infuriating when someone just takes something you drew, designed, and created right from you and claims all the credit. I started thinking about the future and how working at a company would be like. So I asked questions like: If I work on a design piece and use company resources like computers and I came up with the idea and I'm the only one to work on it can the company claim ownership of the design because I used their resources? A company’s contract states that any work done under their employment is owned by the company. Does this include projects done outside of work? When I leave a company can I use any unused ideas on future projects? And if I worked at an visual effects studio and part of my contract said that all work I created was owned by the studio and later that company is liquidated can I safely claim ownership of the work I made at that company? I have always wondered because some laws are different in other states and countries I asked if my work was protected from use in other countries? And if all states abide by the same rulings in terms if intellectual property? "Intellectual property law consists of several seperate and overlapping legal disciplines, each with its own characteristics and terminology: Patent law, Copyright law, Trademark law, and Tradesecret law." (Patent, Copyright, and Trademark. Page 5). The last questions I asked are scenarios I wondered how would play out. I asked if I worked on an visual effects scene for a movie and someone steals the movie and edits my scene out did they steal from me? My last question was if someone creates a 3D model and in order to save time uses a base model found on the internet. Over the course of development the model has drastically changed and been detailed looking nothing like the base model used to start with. Is the owner of the original model able to take legal action for using his model? I was really curious about the last question because I have scene and used the basic models that appear in 3D modeling software.


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