Week 8 EOC: Ten Questions

Q1: As an audio engineer, If I made a recording for a person outside my (studio) regular employment, and the person later was being sued for stealing content (sampling) from an original copyrighted song and I as the Engineer & producer was part of the production process of his or her album, and the CD had my name as credit producer on the CD and Mix engineer could I be held responsible for copyright damages as well? Even thought I wasn't aware of the artist sampling a part of the song?

A: Yes! The most important thing about going thru contracts and agreements to always be aware of the content that your recording and make sure that the song or whatever it its that your recording has legal process begin it.

 Q2:    If I own a Music studio and a client comes in and records a series of songs without making a written contract of any kind between that person and I, but only a verbal Agreement and that person doesn’t pay me, after the recording is done, yet he or she uses that recording (material) to distribute and sell and makes money, does that make me owner of his material?  Can I sue if he uses the material to make money and if he doesn’t pay me?

A: On most cases no, that does not make you owner of the material unless you have a written paper stating that you do, but you can sued them for not paying you on damages, (non-payment) but you can have them pay you from the royalists they collect.

Q3:  As an employee of a production company, If I was send out to record music sounds & video shots, from say; a casino keno machine or just random sounds from a Particular place, or video recording of a building to be used for promotion or demonstration for the production of "new works" and the place (casino) was sued me for not asking permission, will my employer company licenses cover me In-case I was being sued directly? Is there an employee Law that protects me? If so what would be the legal procedures involve?

A: good question, most of the cases regarding copyrights, are very complicated, and there isn’t a correct answer, because there are so many things that can to tribute the nature of the complain! Example: If you record a song or say a jingle from say a casino machine or any particular sound that isn’t famous or hasn’t been copyrighted, can not be used against you in court, however in a video shot is different because the casino doesn’t want any body miss promoting or using their trademark name to your advantage, the sound recording I think anyone cares, because it isn’t and original work, but it always a good idea to have permission either way, and No the isn’t a law that can protect you from this,

 Q4: If I have a production company and one of my employee steals other “works” form someone else and uses that work in my company claim he did it and my company uses that work for the company and profits form it, can my company face an infringement can the a legal action sued fall under my company? Even thought the company it self didn’t take the works but the employer did? Does the phrase “work for hire “ fall under my obligation to repay the original creator of the works and be fine extra?

A: yes! Whatever your employee does at work to make profit for the company falls under the obligation of the company. Even if it not’s on contract, all material works that were created inside the company, belong to the company.  

Q5: Do I need permission or licenses to make or distribute music or audio files on the Internet for promotion or demonstration purposes only?  

A: Good question, most of the time, a license is needed for any distribution of music or materials, there are license that not necessary are music licenses but business licenses that let you do this sort of stuff, for promotional used most people don’t used one but, there are people that are paid to look for people who brake the law, and it’s a high risk place music for promotional use only, the most Important thing to do is to get permission from the creator.  

Q6: Are downloaded works over peer-to-peer networks violating Copyright law?

A: yes

Q7: What is the difference between a Provisional Patent Application and a Non-provisional Patent Application (Regular Patent)? 

A: A provisional patent is a patent that people use to protect their work, in case some one is working on a similar “work” it prevents others form trying to patent that same work,

A non-provisional patent is a patent that establishes the filing date of your patent application and begins the examination process In-order to receive a full patent.

 Q8: How can I prove that there has been an infringement on my copyright?

A: well the first thing to do is to have legal evidence of the Infringement and prove that the legal evidence is forgery.

 Q9: What’s your stand on keeping your work private?

A: To keep every thing a private, as you would in any life situation. There are laws that some employer has to obey when handling client’s personal documents, as is for music as well it important to have clients records clock up! And protected.  From anything!

Q: 10 Not too recently I ‘ve had a person contact me, about removing my artist name from a blog and service ad that I’ve place over the internet, stating that the name that I was using to promote and make business was already copyright by someone else (Artist), they suggest that I remove the Name immediately due to be copyrighted rights. But when I checked that the name could not be copyright I ignored the email, but was still a skeptical about the whole email thing! And looked for further information on the issue, I also check if it was trademarked but it could find the Name. What can I do or should done to prevent any legal action towards me? Or if the person that sends me that me

email was only trying to intimidate me, could I take legal action towards them for say falsification?  

A: Any name can be a trademark most trademarks are review before handed out, I wouldn’t worry so much, because most trademark names are big names large companies, and people that are well known have them to protect their interest. It the artist well knows?  Sort off!” maybe it only that there trying too bull-shit you!  I good suggestion is to have them send you a legal document certificated of the copyright or trademark, how long ago was this? Six months!  It would of been good, if you’ve contact me right away it a good idea to always contact a good lawyer and never let time pass by because they could of already taken legal action against  you, if they were just bull shiting you could taken legal action towards them but only if you can prove that they some how inflicted damages upon you, say; Ruin your business and you loss money, only then can you sued.