Thursday, March 14, 2013

Reasoning of the Law

As I looked over Alexandra's way of processing the questions I had asked, I observed that she is a very detailed thinker.  During my interview with the Alexandra, I found there was a lot of gray area in the world of intellectual property law. She was aware of the processes that copyrights go through from the state to federal laws and how long copyrights last.  Most of my questions came back with depending circumstances. “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.”(Patent, Copyright, and Trademark. Page 443)  I found that the logic behind her answers were direct results of her personal experience and knowledge in the field. When it came to cases regarding infringement, there were several scenarios that have different answers. In my scenario, I use hardware and materials bought from local stores to make my shoes and accessories, so with that being said licensing could become a possible issue since they are not my own personal finishings. Alexandra had to ask additional questions about this situation to be able to give me the best possible answer.  “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)  The ultimate answer was I would have to find a manufacture to make hardware and materials just for my personal brand, as I had assumed, in order to put my label on it and sell the merchandise that I make. Otherwise, store bought finishings are just licensed for a one time product for personal use and not meant to made into multiple copies to be sold.  “An infringer who commits one or more infringements during a 180-day period for purposes of commercial advantage or private financial gain can be fined and imprisoned for one to five years depending upon the value of the infringements.” (Patent, Copyright, and Trademark. Page 244)

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