Own Argument and Opinions

Mr Casey had, a great sense of the law, even thought Mr Casey was not the perfect lawyer that i hope for in interviewing for my project he was very capable in answering all my questions to the best of his knowledge.  I realized that Mr Casey was trying to come across some very fundamental step when dealing with legal issues, and even thou he did not mention them I understood that he present them to me during the interview by explain to me that what ever legal issues one comes in contact with we should always play the rules by the book, meaning that one should follow protocal and never take anything for granted when dealing with legal issues and that playing it safe is the key to avoiding most legal issues especially when getting involve in a situation were you now that there are potential drawbacks and for problems in the future, when dealing with intellectual property rights one must be careful to protect one self from disaster, For a contract to be enforceable, seven key characteristics must be present. "A contract is a legally enforceable promise. Analyzing whether a contract exists involves inquiring into these issues: offer, acceptance, consideration, capacity, legal purpose, consent, and sometimes, whether the deal is in writing."In my opinion most people who deal with creativity engineering and sort-of should have a legal sense that their always a potential risk of legal prosecution either by you or someone else, within my field of study I think its common sense to be aware of this even thought one does not study law but, most us within the creative field  have stolen or downloaded material that was someone else's and we used it for our own creativity," This ability to share intellectual property is both good news and bad. On the one hand, the owner can produce and sell unlimited copies of, say, a software program; but on the other hand, the owner has no easy way to determine if someone is using the program for free. The high cost of developing intellectual property, combined with the low cost of reproducing it, makes it particularly vulnerable to theft." chapter 28 page 502 we now that's creativity belongs to some one else now why should be surprise if the owner try's to sued us for it we can say I did not because we now that its someone else work and not are own even if we manipulated in away to change it. it is important to understand the law, "If a person is intent on lying, cheating, and stealing his way through a career, then he is unlikely to be dissuaded by anything in this or any other course. But for the large majority of people who want to do the right thing, it will be useful to study new ways of approaching difficult problems.  chapter 2 page 18 "

but that doesn't mean that we should stop from taking content and turning it into our own... because many artist want us to take there work and make our... now ! there are other who may do the opposite .... having some sort of middle ground is always good when dealing with legal issues...  Like my grandfather us to say "being safe isn't always being safe" what I;m try to say is that legal matters are always complicate, and the law is always Evolving and changing and so should we, I agree with most of Mr Casey's reasoning and i stand behind his use common sense philosophy, when dealing with legal issues. Its righted to video tape someone else's property without them knowing and using them for your gains ? those are the questions we should be asking our selves before making decisions. I'm not saying  not be aware of the laws, but have a common sense among other things is the best legal advice I can get. Mr Casey at one point  used a personal history of common sense of thing to explain to me the answer he was giving me, he told me that  at one point he decided to used music that did not belong to him in his website now knowing that  music did not belong to him he knew that it wasn't right to have it so  he took off even though he was disappointed by his decision later..."One of the major challenges for legal institutions in regulating copyrights is simply that modern intellectual property is so easy to copy. Many consumers are in the habit of violating the law by downloading copyrighted material—music, movies and books—for free" chapter 28 page 508 but has glad he did it much later.. the law seems do complicate and some times unfair, but using common sense to avoid legal issue  is always good protect and perhaps more than a lawyer can protects..   bend the law go around the law but not break the law... !                                                                                                                                                         

Rule of law

Once an author or artist grants the copyright of a work to someone else, ownership remains with the recipient for the life of the copyright, correct? Not exactly. Taking into consideration that young, struggling artists often enter into contracts that take advantage of them and their desire to reach a wider audience, the Copyright Act of 1976 specifically allows for the recapturing of copyrights under certain circumstances. Specifically, section 203 of the Act provides that grants, assignments and licenses can by terminated within a five-year window after the 35-year moratorium"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."chapter 28 page 507
Retailers, especially those specializing in high-end merchandise, have always expected to lose a percentage of their profits to counterfeiters, but it’s only recently that retailers have begun to crack down on just about any business that appears to undermine the authenticity of their brand, no matter how innocent the alleged perpetrator thinks their actions might have been. Hence, the March 1, 2010 filing of Louis Vuitton Malletier (LVM) v. Hyundai Motor America in US District Court, Southern District of New York in Manhattan.
The complaint filed by LVM asks for unspecified damages and an order that bars Hyundai from diluting its trademark, claiming that use of the look-alike logo “is likely to both dilute the distinctiveness and tarnish the reputation of the LVM marks.” "Similar to an existing mark. To avoid confusion, the PTO will not grant a trademark that is similar to one already in existence on a similar product. Once the PTO had granted a trademark for “Pledge” furniture polish, it refused to trademark “Promise” for the same type of product"chapter 28 page 510.

Reasoning of the LAW

When Question the lawyer he seem very logical he was patient and he gave a lot of thought behind the question and what the question entail and it seem that he was to trying pin point a certain point to to my question to answer. He had great explanation to every answer and was very aware of the question presented to him and didn't stumble on answer as good as he could. at times he seem confuse because some of my questions weren't properly written to understand or with logic and he was aware of that,when i started asking questions, so he reassure himself that he understood the question before he answer them, he was  answer very mindful at all times. "If you have insight into how different people perceive ethical issues, you will be better off. chapter 2 ethics" On several occasion he try to help me understand that legal issues where mostly & should be thought as common send issues, and not a scary matter, as though they should be treated with common sense to prevent them from happening, I felt that he was in a way helping me understand the legal issues and they can be prevented by using common sense. In other words understand what the issues are or is, is very important in law, understanding the Rules of law, what is our questions ! why I'm asking such question?  the main point Mr. Casey was attempting to get me to understand is that all things are subjective. Then comes facts he literally was concern with facts behind the question that I presented to him and he use reason and facts to answer most of the questions. He also asked questions back, to support his finding about the reason behind my questioning. He probably notice that I'm into music, I'm concert with copyrights so all those details behind my questioning gave him an impression that I'm a music lover even tho I did mention to him, he was aware of it just by asking such questions, he used that to answer the questions. "Remember that the plaintiff must demonstrate a “false” statement. Opinions, though, cannot be proven true or false. For that reason, opinion is generally a valid defense in a defamation suit. " chapter 5 page 79 He was very aware of law legal questions that I asked him even though we did not specialized in that field (Intellectual property) It seems to me that most legal court action have a procedure that they follow and its probably not much different than others."Judges generally follow precedent. When courts decide a case, they tend to apply the same legal rules that other courts have used in similar cases."  chapter 1 page 6 Inductive reasoning was mostly used by him,  he use general assumption from maybe earlier findings in school or personal experience and or legal cases, at one point he show me a legal document of a earlier case he took that involve copyrights..    

Ten Questions

My process on preparing the ten questions was to place my self in a situation where some thing when wrong or i did something wrong. I had to find the legal procedures to defend myself or sued someone and protect my legal rights. My first question was to place my self in a employer situation where I 'm the owner of a studio and a client doesn't pay me and i have go searching to find a way to get my him or her to pay me for damages and studio time....
my second question was to also place my self and similar situation where i can be sued for copyrighted material and how would i protect myself from such thing happening to me.. in the future. "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". chapter 28 page 506 My third question was to be aware of the laws that have to do with companies and legal licensing, can I do or don't do as a company employee and what is the range of my protection from my employer  if any goes "sour" and what is "work for hire"?  on my next question my process was to eliminate any doubt on "work for hire" and to what extension does "work for hire" meaning  go? how does it work ! when an employee steals a copyright work from someone and uses the work to make profit, those the company fall under the obligation in-case the company get sued for infrigiment? "Today, intellectual property is a major source of wealth. New ideas—for manufacturing processes, computer programs, medicines, books—bring both affluence and influence." chapter 28, page 502 On my fifth question I want to know if I need a license to promote my business in the internet and if so what would be the legal steps towards getting one.. on my seven question my thought was to know how a patent be can be stolen and what should be done to prevent that from happening, in-order words who does some one protect them selves from a due process design or work and wants to patent before someone else takes that idea or credit, sort of what happen to Nikola Telsa a famous scientist who had a idea but was stole or taken because he had not patent the idea right away. During the 1920's."As of 2012, third parties have the right to submit evidence that an invention is not novel. Even after a patent has been granted, third parties have limited rights to challenge its validity." chapter 28 page 504

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. My 9 question was to know if there is a legal law that states that employer have too follow certain protocals on laws..My last question had to do with a personal experience and wanted to know if there was anything i could of done to protect myself and from disaster  if so how would go about taking the first steps

 

 

Legal Authority

I made contact with this lawyer thru my sister-in-law who is a paralegal, I though she would be a good person to start my research thru and she was willing to help me with any questions concerning the law, I told her about my project and she proposed that I see her employer who is a  criminal defense lawyer. We depend upon laws for safe communities, functioning economies, and personal liberties.
About why I choose him: At first  I contacted other lawyers that I was interste in  to help out with my project but when I contact some of them they were unwill to help, the whole idea for my search was to find some one who knew a great deal about Intellectual property and contracts, My Idea was to ask Question concerning copyright laws, trademarks, business contracts & music law. "It would be nice if we could look up “the law” in one book, memorize it, and then apply it. But the law is not that simple. Principles and rules of law come from many different sources." chapter 1 page 4 since in the future I will be working with music industry & business field, and maybe start my own business I want ask question concerning business rights, my rights as business employer and audio engineer question that involve an music recording artist, and music law in general. unfortunately i did have the time to look for someone else so decide to go with my sister-in-law, proposal, and did some research about the lawyer and decide that he would be a good fit, because I think that criminal defense and intellectual property have a similar playing filed in court...  even thought ...  its a different field of law it they still play by the same "rules" in court and intellectual property and criminal defense sort of go hand-by hand. The whole idea begin my questioning was to protect my self from ever coming into a similar situation and that i can help myself, with out a lawyer help and be aware of the legal process that is involve in those situations.  Casey A. Landis a lawyer who specializes in trial litigation with an emphasis on the defense of complex criminal cases in State and Federal Court. He also involves himself in selected civil cases, particularly for individuals whose civil rights have been violated by the Government. Even thought Mr doesn't specialized in Intellectual property he seem very knowledgeable."CRIMINAL AND CIVIL LAW Criminal law concerns behavior so threatening to society that it is outlawed altogether. Civil law deals with duties and disputes between parties, not outlawed behavior."
 In the pass I've have gotten in some trouble with the law and thought that Mr Casey would be a good fit for my questions concerning the law and rights to protect myself in the future from criminal case. Mr Casey has litigated thousands of felony criminal cases including murder, kidnapping, sex offenses, robbery, narcotic crimes, white collar crimes, and most everything in between. Casey’s practice encompasses both trials and appeals in the State and Federal Court systems as well as before administrative boards and agencies. His legal representation commences at the investigative, pre-indictment/pre-charging stage and carries through to appeal, post-conviction, and parole, as applicable to the individual case."The Fourth Amendment to the Constitution prohibits the government from making illegal searches and seizures of individuals, corporations, partnerships, and other organizations. The goal of the Fourth Amendment is to protect the individual from the powerful state." chapter 7 page 110 Mr casey was great source and defently will keep jim in my contact page he was very knowledgeable about the law and had gave me very good responses when asking with long complicated questions...
Mr case can be contacted at CoyerandLandis.com or 702-664-2594.