Thursday, December 5, 2013

4. Rule of law

4.Rule of law -- a concise summary of the main precedent established. Support with quotes from the book    
   


So I will directly describe the precedent with the question and answers since that’s what mostly came out of the whole conversation. I called Kaleb Anderson at 4:30 p.m. since that is the time of his availability. When we spoke I simply introduced myself. I said to Bro. Kaleb Anderson, “How are you? “My name is Louven Misalucha, I attend the Art Institute down in Henderson and my major is in photography. I have a few questions to ask. This will be for my final project in my Business, Contracts, and Copyrights class.” We breezed thru the questions quite easily actually.I thought it would take long since I had 10 questions but it did go pretty quickly. It took us less than an hour. There are questions he wasn’t able to answer for he didn’t know specifics in photography. Questions like, 'can I sell or publish photographs taken on public land?' Since he doesn’t know how to answer all the questions I researched some more on-line. The answer I found was a ‘yes.’ “You are within your rights to use images editorially, in a book, on a website or in an exhibition. However, if a person is recognizable and you use their picture or that of a privately owned building without their permission to endorse a product such as in an advertising campaign, this could result in legal action.”(online)“Intrusion into someone's private life is a tort if a reasonable person would find it offensive. Peeping through someone's windows or wiretapping his telephone is obvious examples of intrusion.” (Samuelson, Page 85) If these do fall into legal actions I have to be careful. People might think you’ve committed a crime but in hope it’s only a tort. Like commercial exploitation. “Commercial exploitation prohibits the unauthorized use of another person's likeness or voice for commercial purposes.  For example, it would be illegal to run a magazine ad showing actress Keira Knightley holding a can of soda, without her permission."(Samuelson, Page 85).I definitely have to be careful where I am doing a shoot. One of the questions that interested me yet gave a bit of humor was about the monkey that steals the photographer’s camera and takes a bunch of pictures with it and there were some actual good shots taken. The photographer would want it published. What’s his position and who owns the rights to the pictures since he’s not the actual author? Lawyer says photographer can definitely claim it if no one else (a person) else claims it. What about the holder of a copyright owns the particular expression of an idea, but not the underlying idea or method of operation?” Again he says it pertains as we know of to an individual only.

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