During my interview with John Ridilla, everything he said
made sense to me. He said nothing that made scratch my head and wonder if it
was correct or not. He discussed copyrights and how to enforce them and what he
said lined up with the textbook. “In the event someone infringes the exclusive
right of a copyright owner, the owner is entitled to sue in federal court and
ask the court issue orders, award money damages if appropriate, and in some
circumstances, award attorney fees.”(Stim) There was one thing he wasn't too
sure about and that was if it is illegal to use samples in songs, even if the
song doesn't make any money. He thought it may fall under the fair use concept,
but from my studies the fair use concept only abides with cases, “…in
connection with criticism of or commenting on the work, in the course of news
reporting, for teaching purposes, or as a part of scholarship or research
activity.” (Stim) Consequently, that is the only thing I would have to dig
further into. He gave me good advice like finding a good and reliable business
partner. In fact, copyrights can have joint ownership. “Under the Copyright Act
of 1976, a joint work is defined as a work prepared by two or more authors who
intend to merge their contributions into inseparable or independent parts of
the whole.” (Stim) Coauthors are similar to joint ownership. Coauthors are
considered, “Two or more people who have contributed significant creative input
to a work of expression…” (Stim) Nonetheless, it all starts with protecting my
work when I, “Register works with the U.S. Copyright Office.” (Stim) The
wonderful world of law is a big place and by going to interview John Ridlla I have
a little more guidance in that world.
JP Recordings
Thursday, March 21, 2013
Final Project: Rule of Law
You could say I was seeking legal advice on what to know
about running a multimedia company. That’s what all my questions were geared
towards. One thing that John said that stuck out to me the most was, “…have a
good partner, and get a good lawyer.” The latter half stuck out to me because this
is a phrase the Professor Pinto preaches in class, and rightfully so. That is
what it all boils down to. I would need a lawyers versed in patent law. I would
need a person who knew about patent trolls, which is, “…a disparaging term for
someone who sues for patent infringement but who does not make or sell any
products using the patented technology.”(Stim) I would need this so I could be
protect myself from those who are, “…in the business of suing companies, not in
the business of making or selling anything.”(Stim) The law is ever changing and it is
a lawyer’s job to learn about these changes and be aware of them. For instance,
the Copyright Act: 402 apply to my field of study. “This statute governs, how,
when, where, and why to place a copyright on a phono-record.”(Stim) A
phono-record is, “…the media on which sounds are fixed for the purpose of
distribution essentially, and reproduction.”(Stim) John also encouraged me to
be aware of the laws, regulations rights, and protections granted to me.
Something as simple as knowing the different type of copyright licenses could
be a start. Like the nonexclusive license. “A copyright owner grants a
nonexclusive license when the owner authorizes another person or institution to
exercise one or more of the rights to the owner under the copyright on a shared
basis.” (Stim) Also, it could be something as easy as knowing the notice of
copyright. “For works published in the United States after March 1, 1989, no
such copyright notice is required for copyright protection within the United
States.” (Stim) I learned from John the different business types and what those
entail. I also learned more about the fair use concept from the interview. “As
a practical matter, fair use is primarily an affirmative defense to a claim of
copyright infringement.” (Stim)
Wednesday, March 20, 2013
Final Project: Reasoning of the Law
As I analyzed John’s way of answering and processing the
questions, I observed that he is a very practical thinker. Practicality happens
to be good trait for a lawyer to have. Although, he thinks practically, he
still knows about the law and how it operates. He was aware if the processes
that copyrights go through from the state to federal level and how long
copyrights last. In fact, “As a result of the Copyright Term Extension Act of
1998, most copyrights for works published after January, 1 1978, last for the
life of the author plus 70 years.”(Stim) He was also aware that copyrights have
their set of rights. “A copyright actually encompasses a bundle of separate
exclusive rights, including the exclusive right to: reproduce the work, display
or perform the work, distribute the work, and prepare adaptations of the work.”
(Stim) His logic, pertaining, to my questions was more that they were business
decisions that needed legal backing rather than strict legal issues. He also
was aware of patent law, copyright law, and trademark law and he knew which of
the three applied. “Intellectual property law consists of several separate and
overlapping legal disciplines, each with its own characteristics and
terminology.”(Stim) He referred to his previous experience to create points of
reference. This helped me put things into perspective.
Final Project: The Questions
All of my questions were regarding to music and the business
side of the music industry. This is mainly because I want to own my own
multimedia company someday. It is important that I know the law as it concerns
me and my rights in the music industry, since I am going to be working in it
soon. One of the questions I asked was is it illegal to conduct business under
an acronym that is already used by a different company, but has a separate
meaning? John responded by saying it likely isn't possible because it is too
similar. However, this problem can be solved by conducting a trademark search
for marks or names. “A trademark search is an investigation to discover
potential conflicts between a proposed mark and an existing one. Generally,
done before or at the beginning of a new mark’s use, a trademark search reduces
the possibility of inadvertently infringing a mark belonging to someone else.”
(Richard Stim) Another question I asked was regarding to how to protect my creations
from being used without my consent and also what legal action could I take. I
learned in class that I can copyright something to keep others from using it. “A
copyright gives the owner of a creative work the right to keep others from
unauthorized use of the work.” (Stim) However, copyrights do have limitations, “
Copyright does not protect ideas or facts; it protects only the unique way in
which ideas or facts are expressed.”(Stim) Nonetheless, there is one exception
to using a copyrighted work without ones permission. This loop hole is fair
use. “The fair use doctrine permits the unauthorized use of a copyrighted material
if it is used for certain transformative purposes such as criticism,
commentary, or parody.”(Stim) “When determining whether an infringement should
be excused on the basis of fair use, a court will use several factors including
the purpose and character of the use, amount and substantiality or the portion
borrowed, and effect of the use on the market for the copyrighted material.”
(Stim)
Final Project: Legal Authority
I recognize that the process of finding a lawyer, let alone, talking to a lawyer can be quite a notion. However, fortunately, my “lawyer” process was fairly simple and easy. At the genesis of the assignment, I did what Professor Pinto suggested, which was to find a list of local lawyers on the internet. To my surprise, I didn't use any of the lawyers on the list I created. I was able to meet a lawyer in his office and interview him face to face. This was pretty exciting for me, especially since I was expecting an over- the -phone interview at the most. The gentleman I interviewed is John Ridilla. He is a Deputy City Attorney at the City of Las Vegas. John doesn't specialize in intellectual property, but he does specialize in contracts. Although, John was not an intellectual property lawyer, he was able to give me valuable input and answers to my questions. I admit, I was pretty nervous about meeting him, but he was a very friendly and helpful individual. He told me to call if I had any more questions, and even offered to contact some of his colleagues if I had any questions he couldn't answer. Needless to say, it was a great interview and experience. I believe John Ridilla was a good choice for my project. He was able to give me educated and practical answers to my questions. He also stated during the interview that, “Not all things are legal decisions, but business deals backed up by the law.”
The person solely responsible for making this interview happen was my aunt. She also works at the City of Las Vegas in the financing department. I simply asked her if she was able to get me some names of some local lawyers and she took it a step further by offering me an interview with one.
Thursday, March 14, 2013
Week 10 EOC: Lawyer Jokes
Q: What's the difference between a female lawyer and a pitbull?
A: Lipstick
Question: Why don't snakes bite attorneys?
Answer: Professional courtesy.
How does an attorney sleep?
First he lies on one side, and then on the other.
How can you tell that an attorney is about to lie?
His lips begin to move.
A: Lipstick
Question: Why don't snakes bite attorneys?
Answer: Professional courtesy.
How does an attorney sleep?
First he lies on one side, and then on the other.
How can you tell that an attorney is about to lie?
His lips begin to move.
Thursday, March 7, 2013
Week 9 EOC: Letters of Permission
While doing my research for the letters of permission
project, I found an extremely helpful site that I pulled all my forms from. The
website is hiphopproduction.com and it features a list of free music contracts
for artists, musicians, engineers, and more. The forms I chose were the
exclusive agent form, studio charge time contract, talent release contract, and
the copyright assignment form. All these documents are things I will potentially
use as I advance in my career as an audio professional. An exclusive agent form is a document where
an artist signs and agrees to hire an agent. The agent lists his/her terms on
the document and handles the artists’ booking, traveling, and any other part of
the artists’ professional career. A studio charge time contract lays out the
hourly pay that a studio receives within the time frame (ex: 2 years) specified
on the contract. A talent release contract states the guidelines and limits
when talent is released to do work for other business. Also, the talent
releases rights to any money made to the master owner. Last, but not least, is
the copyright assignment form. This document entails who owns the rights of
songs produced or any composition made. All of these documents are signed by
their respective parties to protect from people who want to get over on them. I
picked these four documents because of where I want to go in my career. I want
to own a record label eventually, and to do so successfully I will have to be
able to read and make all agreements known through contract or release form. As
previously stated, the website I used was of much use. There were hundreds of
contracts specifically tailored to the music business. I will use this website
as a resource in the future.
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