Legal Authority

 Finding my lawyer was not hard at all. It was just the process of setting up meeting with my own uncle. I had to go through so much because he was overseas with his new wife for their honeymoon. I felt a little bad telling him this was a life or death situation because I knew it was my class final and well to me it was serious business at hand. My uncle has his own production company as well which is good for me because that’s what I want to do. He deals with music and even television series on the TV one network. He was a very busy man but he took the time out to help me with my final. Who knew he even went to law school he graduated from South Carolina school of law, and I never knew that. He also got his business degree from University of Southern California. My uncle was a good choice because I was always curious of why he would go everywhere for business. I was beginning to think he was like a bank robber on the run. My imagination keeps me entertained so that’s one less thing I have to worry about. It was also very nice to talk to him again. My uncle and our conversation didn’t last long because he knew exactly what I was trying to ask so he finished up my sentences for me. Overall this part of the final was a easy for me but hard for some of the people in the class that I know about because some lawyers in Vegas won’t take the time of the day to help anyone for free. I’m not surprised because lawyers are lawyers and they want money just like everyone else.

The Questions

1.       How does copyright affect spoofs or parodies? The spoof has to be a true parody if so you are protected under the fair use Doctrine

2.       Is verbal consent good enough when you shot a video?

Verbal consent is legally sufficient, but not the best idea because of the difficulty in proving what exactly the consent was given for. Getting consent in writing is always the best idea because it is clear exactly what the other person consented to.

3.     
What can happen  if someone infringes one someone copyright?The consequences are monetary and the fine could range from 150,000.00 to 500,000.00

4.       How do you go about making a film in a local business is it a contract agreement or just and ok from    the owner? The owner must be aware that you are in fact using his property and as long as he agrees its fine some may use it as free marketing

5.       What are the rules for making a remake based on a classic film that has fallen into the public domain?Just because the film is public domain does not mean the script is public domain so therefore look out for infringing on scripts copyright

6.       If the film is based on a novel.  Does this mean anyone is free to go and remake the film as he wishes or do you still have to get the approval from the heirs of the author (author of novel), director, etc…? The company must buy the books movie rights or it its copyright infringement.

7.       Can I use a song or other copyrighted work in my film if I change ... percent of it?if you plan to use copyrighted material in your film, get permission.

8.       Do I need to get my film rated before I can show it to an audience?USA, the movie rating system is administered by the Motion Picture Association of America and is voluntary your film says unrated you might run into local government issues.Its also depends on what country you wish to show the movie because every country is different.

9.       Is it necessary to obtain a release from everyone whose face appears on camera?Yes it is necessary if you are filming and someone under the age of 18 is involved you must get permission from there parent or guardian. News stations are excused from this law because they are under the Public interest so have someone sign a public release form.

These questions are interest to me because they will help me in the long run when I get my degree and begin using it for the short films that I will do until I get in the big leagues. If you have a low budget you will need to use little places or whatever you can get. My question deal with contract agreements and how to go about copyrights and even turning a novel into a movie. Even deals with if I was filming a movie and people faces appear do I have to stop everyone every time for them to sign a release because they walked through my set.Laws not only protect the work we do but they also bring safety to others."We depend upon laws for safe communities, functioning economies, and personal liberties. An easy way to gauge the importance of law is to glance through any newspaper and read about nations that lack a strong system of justice."(Beatty & Samuelson pg.4 Asking questions about the law to someone who has studied it is just more knowledge that will help me and my peers later down the line with our degrees so we can have a positive future enjoying what we like to do. Some laws that people break are laws that you should just morally not do " There are many instances when the law duplicates what all of us would regard as a moral position."(Beatty & Samuelson pg.9)

Reasoning of the Law

Using someone’s work without their permission is against the law. “Anyone who uses copyrighted material without permission is violating the Copyright Act. To prove a violation, the plaintiff must present evidence that the work was original.” (Beatty & Samuelson pg.507) Most of the movies that are now coming out are not original ideas. So of course there are going to be films that seem to have the same plot but it’s not copyright infringing. “Like Father Like Son, Vice Versa, and Freaky Friday—are about a parent and child who switch bodies. The movies all have the same plot, but there is no copyright violation because their expressions of the basic idea are different." (Beatty & Samuelson pg.506) Copyrights even extend to protecting song writers, or even the music they write. Did you know if they have written it it’s theirs, “if she whistles a happy tune without writing it down, the song is not copyrighted, and anyone else can use it without permission."{Beatty & Samuelson pg.506) If you wish to bring suit to your copyright it must be registered. The copyright sign is just something authors still do and lawyers advise you continue to use the copyright sign, "Lawyers still recommend using the copyright symbol because other countries recognize it." (Beatty & Samuelson pg.506) Copyrights have been around for more than 300 years ago. "On April 10, 1710, Queen Anne of England approved the first copyright statute. Called the Statute of Anne, it provided copyright protection for 14 years."(Beatty & Samuelson)The Queen also allowed the copyright to be renewed for another 14 years if the copyright owner was still alive. For many years people have been coming up with great work and the Queen saw fit to help others protect their work and The Statue of Anne gave you that chance. Without rules and Law what would be are reasoning for living people would just do bad things to others and there must be something set up to help the little people that are trying to follow their dreams. No one deserves to get run over.

Rule of law

Student Name: Alexus Caulk

Class BUSCH Contracts, Negotiations and Copyrights

Judge or Lawyer’s Name: Vincent Bradford

District or Firm’s Name: Vincent Bradford

My lawyer had a lot more to say but I narrowed it down because this was the first time I had to talk to my Lawyer for that long of a time(Boy my uncle could talk) . I was not saying much but boy would he not stop. “One of the major challenges for legal institutions in regulating copyrights is simply that modern intellectual property is so easy to copy.”(Beatty & Samuelson pg. 508) People use things illegally all the time in fact “In 2008, 40 billion songs were downloaded illegally,” (Beatty & Samuelson pg. 508) I was trying to outsmart my Lawyer and ask him what if people act like they didn't know the copyright existed, or they just delete information. He told me what if people act like they didn't know they stabbed someone 20 times and just forgot it ever happened? So I was reading the book and it answered my question.” It is illegal to delete copyright information, such as the name of the author or the title of the article.”(Beatty & Samuelson pg.509) The law Congress passed the Digital Millennium Copyright Act (DMCA) gives people there protection to prevent others for taking credit for their work. No one thinks it affects anyone for copyright infringing or even going on the internet any downloading all these songs illegally. “People seem to believe that if it is easy to steal something, then the theft is somehow acceptable. In one survey of adolescents aged 12 to 17, 75 percent agreed with the statement, “file sharing is so easy to do; it's unrealistic to expect people not to do it.”(Beatty & Samuelson pg.508) My questions seem simple but the answers were a nice thing to know because people think they can get over on others copyrights. Someone else worked hard on what you are stealing. 

Your Own Argument and Opinions

Everyone has a chance In America to become someone. You can invent something start your own business or even just have a happy life. We are also protected from other people who try to steal your Ideas from you. Thanks to contracts, copyrights, and patents we all really do have a chance. “A contract is merely a legally enforceable agreement. People regularly make promises, but only some of them are enforceable. For a contract to be enforceable, seven key characteristics must be present. We will study this “checklist” at length in the next several chapters."(Beatty & Samuelson pg.143) Contracts are the main one I want to give my opinion on. Contracts were made so people don't get ran over on, and everyone knows that everyone keeps there word now a days so you can trust anybody with a tongue. A contract protects people for it is "A promise that the law will enforce."(Beatty & Samuelson pg. 144) So if one party breaks their legal promises legal actions will take course.  Contracts help Business get started contracts have considerations or it is not a contract. “There has to be bargaining that leads to an exchange between the parties. Contracts cannot be a one-way street; both sides must receive some measurable benefit. "Beatty & Samuelson pg. 143) In my own argument without contracts we really wouldn't get anywhere when trying to settle anything. Contracts set the stage and change the outcome of situations. As long as a contract is a valid one people can go home and sleep at night. "Valid Contracts must satisfy all of the law's requirements and it will be forced in the court of law."(Beatty & Samuelson pg.145) Contracts help people with jobs and even when they want to quit their job. These are called At Will contracts because when you have a job and you quit you have the right to do so at any will just like an employer has the right to fire you and not tell you the reason.