No budget, no work. Low pay for work due to budgetary constraints comes often with the promise of providing “credit” and “exposure”, in the form or a watermark, link, or perhaps even a specific mention, as a form of compensation in lieu of commercial remuneration. There are two major problems with this.
“visual images are part of speech and they’re also an expressive work of a photographer” Patents & Registered CopyrightThere are local start-ups cabinet makers who don't see the value in paying designers and limit them to technical drafters. They see designers as a fad but are frustrated when unskilled traditional crafts don't succeed like industrial processed designs. They end up blaming the workers, the market and the clients. "There are two basic types of patents in the United States: utility patents and design patents. In general terms, a "utility patent" protects the way an article is used and works. It also protects a method or process of making or doing something. On the other hand, a "design patent" protects the way an article looks. A design patent protects the ornamental design of an article of manufacture. 'Ornamental design' means the shape of the design and/or the surface decoration on the design." "At this point, major technology firms can steal from each other anyway, absorb the consequences, and keep going. At the same time, a twisted ecosystem of patent trolls has sprung up to exploit the current system’s weaknesses, burying legitimate claims by small inventors in a flood of frivolous lawsuits." Design patents protect the exterior surface or shape of a product ("look & feel"), not its internal workings or function, for 14 years. Even very low-level of originality is acceptable if it doesn't fall under "prior art". Simple looking designs cannot get patents. Big corporations use recognition software to check if they need to. Ideas and modern/contemporary utilitarian/functional products cannot get copyright protection (license) but you can get a utility patent for 20 years through a specially professional patent lawyer. A utility (aka non-provisional) patent is a patent that covers the invention of a new or improved product or machine unless it creates a maonopoly. Registered Copyright distribution can last 95 years for corporations and life-long for the author/artist plus 20 years (renew every 28 years). Commercial music has layers of copyright and so is one of the strictest copyrights and even creative original use is not allowed. High-level of original elements is required for registeration of general copyright and a 'written clearence' is must for any transfer if copyright is under "exclusive". Copyright is not trademark. Popular stuff cannot be used under fair-use guidelines (US section 107) even if there is no visible copyright label (removing copyright & metadata is still an offence). Unless you are using someone's material by adding more value by commenting about it or for non-profit teaching or commecial parody (not satire), its legal to do so (if its very relevent relationship) but you can still be taken to court even if its "low value". However, everyone has the right to take photographs of anything that is very popular or historical (also collages maybe allowed under fair-use). If the end use is a non-commercial storytelling media, you don't need a "model release" in public spaces (in US, not in EU) but only if you are not focusing or lingering on a person. However, you need 'written clearence' if there is someone's artistic work that doesn't fall under famous. p.s Creative common licenced stuff is non-exclusive, however, giving the correct 'attribution' is important to avoid litigation. It may not be really "free". Litigation is very expensive so the side with more money usually wins if the court battle is long drawn out. The court decides the damages. Its safer to get 'written model release' from the original rights holder (make sure source is trusted) for commecial nature. https://copyright.cornell.edu/publicdomain?fbclid=IwAR1U9wrDKmlv8BBBFhAJNNPpM3_vN77TBJhxLtUiXylENbmr_TdSoaYuCd8 Common advice on do's & don't for photographers (this article is not a substitution for legal counsel):
Some photographs can be used and distributed without release forms, but they are limited in usage. Editorial images may not be used to sell anything – they are “non-commercial and non-promotional”. Certain photographs may also require a property release form. The following three questions will help you to determine if you need a property release:
Trademark Registration Process in IndiaThe Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. India has joined the Madrid protocol with effect from 8th July 2013. In India, you can trademark any of the following or even a combination of these things: Letter, Number, Word, Phrase, Logo, Graphic, Smell, Sound Mark or a Combination of Colours Before adopting a trademark, a trademark search is highly recommended, as this will give an indication of any existing trademarks which have been applied for/or registered in the Trademarks Registry. Using the "" symbol with your trademark simply implies that you claim to be the proprietor of the trademark. There is no prohibition on the use of the symbol in India. Prior use of the trademark is not mandatory for filing. Therefore, applications can be filed on a 'proposed to be used' basis. The whole process of registration of a brand name usually takes anything between 15-18-24 months. The trademark once accepted, is valid for a period of 10 years from the date of issuance of the Certificate of Registration. But a trademark may be subject to removal on the grounds of non-use, if it is not used for a continuous period of 5 years. After the end of 10 years, the trademark will need to be renewed indefinitely as long as the renewal fees are paid every 10 years. So, what is the procedure of registering a trademark? http://iprsi.blogspot.in/2012/05/procedure-for-registration-of.html There are 2 ways to file the registration – manual filing or e-filling. In case of manual filing, you will need to personally walk down and submit the registration application for a trademark on Form TM-1 (with the prescribed fee of Rs 2,500) in any one of the five offices of the Registrar of Trade Marks located in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. In case of e-filing of a trademark application on trademark registry website, you can:
The benefit of e-Filing is that you will immediately receive a trade mark application number. The official website is: http://www.ipindia.nic.in/ Along with the application, you will need to submit a couple of supporting documents:
Once you register your trademark, you will be issued an official receipt with a TM number. After formal examination report by the Registrar is filed, if the trade mark application is considered allowable, a Letter of Acceptence (TLA order) is issued and after which the logo or brand name is published in the Indian Trade Mark Journal. You will get a response to your registration either by an affidavit, a hearing or by an interview. If no one raises an opposition within 3 months i.e. 90 days or in some cases 120 days, from the date of publication, the brand name proceeds to acceptance. You may now be allowed to use the registered trademark symbol (®) next to your brand name, once the Certificate of Registration (under the seal of Trademark Registry) has been issued. Costs for trademark transactions To file a new application there are set forms depending on the nature of your application. The forms are numbered as TM-1, TM-2, TM-3, TM-8, TM-51 etc: Rs 2,500
Law: Infringement & Passing-off Infringement of trademark is violation of the exclusive rights granted to the registered proprietor of the trademark to use the same. A trademark is said to be infringed by a person, who, not being a permitted user, uses an identical/ similar/ deceptively similar mark to the registered trademark without the authorization of the registered proprietor of the trademark. However, it is pertinent to note that the Indian trademark law protects the vested rights of a prior user against a registered proprietor which is based on common law principles. What are unregistered trademarks? The basic difference between the protections available for registered trademarks and unregistered trademarks is that the former is a statutory remedy and the latter is a common law remedy. The owner of an unregistered trademark may be able to prevent use by another party of an infringing mark pursuant to the common law tort of passing off or under s. 27 which read as - no action for infringement of unregistered trademark. But it also recognises the common law right of the trademark owner to take action against any person for passing off goods as the goods of another person or as services provided by another person or the remedies thereof. An action of passing off is based on common law of tort and is founded on the principle that 'no man is permitted to use any mark, sign, symbol, device or means whereby without making a direct representation himself to a purchaser who purchases from him, he enables such purchaser to tell a lie or to make a false representation to somebody else who is ultimate purchaser'. Passing off is a species of unfair trade competition by which one person seeks to profit from the reputation of another in a particular trade or business. Its is a common law tort used to enforce unregistered trademark rights. For an action of passing off, registration of a trademark is irrelevant. Passing off essentially occurs where the reputation in the trademark of party A is misappropriated by party B, such that party B misrepresents as being the owner of the trademark or having some affiliation/nexus with party A, thereby damaging the goodwill of party A. There are certain essential ingredients of a passing off action. The plaintiff has to prove that there is a similarity in the trade names; the defendant is deceptively passing off his goods as those of the plaintiff; or that there is bound to be confusion in the minds of the customers. The test to be applied in such matters is as to whether a man of average intelligence and of imperfect recollection would be confused. Registration of a trademark is not a pre-requisite in order to sustain a civil or criminal action against violation of trademarks in India. In India, a combined civil action for infringement of trademark and passing off can be initiated. Product packaging can be registered, in the U.S. Patent & Trademark Office, as a trademark if it is distinctive and not functional. Unlike product packaging, product designs can never be inherently distinctive. Therefore, the applicant must demonstrate that the design has acquired distinctiveness through sales figures, details of advertising and promotional expenditure, and examples of promotional material. Functional product features can only be protected through a limited-duration utility patent, and not through the potentially unlimited protection of a trademark registration (since trademarks can be renewed in perpetuity). Pricing & FeesNegotiating salary:
The most irritating and troubling issues that will come up:
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AuthorI am interested in unfolding scene design, character design and image design; representing contemporary narrative strategy, narrative shot and narrative style. The flowing images, which combine aesthetics and ideology. NoticeThis site contains copyrighted material for purposes that constitutes 'fair use'; and has not always been specifically authorized by the copyright owner. No fee is charged, and no money is made off this site. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner.
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