Friday, September 10, 2010
The Questions: Explain why these are of interest to you. What specific concepts and terms were involved – in other words, what are the legal issues?
My intention was to get a hold of an Intellectual Property attorney who deals with Copyright and Patent law. Unfortunately I was not able to but to my surprise, the attorney I finally discussed with, who practices bankruptcy and real estate law, was very knowledgeable about Copyright law. The first question I had is 'If I copied another artist’s work from a website and configured it to where it wasn’t exact, would I stand in position of a lawsuit and if the roles were reversed, would I be able to sue?' As an artist, you are creative but need inspiration from others and their work. At times, you may be tempted to use someone else’s idea to compliment your work. In some cases, this could be illegal. The author may copyright the work. “The ‘author’ of a work of expression subject to copyright protection is the person who creates the work.” NOLO Patent, Copyright & Trademark: Part 2 - Page 204. “A copyright consists of a bundle of rights held by the author or developer of an original work of authorship.” Patent, Copyright & Trademark: Part 2 – Page 219-221. By duplicating it, you may be committing a tort. “A tort is a wrong that involves a breach of a civil duty owed to someone else.” - Wikipedia. Unless you have been granted a nonexclusive license, you may be prohibited from using someone else’s work. “A nonexclusive license is grant from a copyright owner authorizing another person or institution to exercise one or more rights belonging to the owner under the copyright on a shared basis.” NOLO Patent, Copyright & Trademark: Part 2 - Page 272-273. The second question was, 'As an employee under a non-disclosure contract, am I prohibited from using skills learned from the company for freelance work.' I am curious to know if my surrender to this disclosure will stop me from furthering my income from other sources other than my job. "A non-disclosure agreement (NDA), also known as a confidentiality agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to by third parties.” These are just some of the important questions and more to come in the next episode.
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