The Questions

These questions are of interest to me because I want to start up my own business in the future so knowing the answers to these questions will help me first of all not get into any legal trouble and they will also help inform me of the issues that are going on with the the fashion industry. Some of the legal issues that the fashion industry is facing right now are: Intern protection v. Employee protection, child exploitation and under age modeling, designer copies, unfair wages, false advertising, applying for the wrong type of visa, and sweatshop consequences.  

1. Do you think that even though interns are not considered "employees," they should still receive the same legal protection?

2. Are designer inspired goods the same as counterfeit goods? Could a designer fight that someone has created a design that looks similar to one that they have already created?

3. Gwyneth Paltrow was recently accused of child abuse for her bikini targeted at children ages 4-8. Do you think that she violated the child Abuse Prevention & Treatment Act (CAPTA)?

4. Within the modeling industry sometimes-under aged models pose nude, could they be in violation of the Child Abuse Prevention & Treatment Act? If so, do you think the blame would go towards the photographer, modeling agency, or parent?

5. Recently the Humane Society of the United States has caught retailers who have labeled their fur garments as "faux" when they were actually real. Would this be considered false advertising? If so how are companies able to get around this, meaning why aren't they getting stopped before the product is available for purchase?

6. Are retail companies allowed to pay under the state minimum wage? 

7. Is there any type of limit or record being kept for how many of each type of visa a company is applying for? Because recently an outsourcing company called Infosys was caught bringing in immigrants under a visa only meant for meetings.

8. When a U.S. retail company is found to be using sweatshops in other countries do they face legal consequences in the U.S. or in the country they were conducting business in?

9. When a designer uses a celebrity as its muse, do the celebrity and designer have a contract of some sort, and does the celebrity make any money from it? 

10. When a retailer files its taxes is there any why to determine if they are paying its customers fairly?

Legal Authority

For my final project I was asked to contact a lawyer and ask them legal questions that were based on intellectual property around my field of study, which was Fashion Retail Management. Finding a lawyer was pretty easy for me, because one of my teachers is a lawyer and what made it easier was that my teacher specialized in intellectual property. To introduce you to the lawyer that I interviewed for my project, his name is Todd Uglow, he has been active since 2001, and has worked with many celebrities such as Jason Tyler, Mark Spits, Sofia Laurent, and Mike Potsikas. He was a good choice for this project, of course because he specializes in intellectual property and is very familiar with the legal issues within the fashion industry.

Week 7 EOC: Lawyers

1) Name: Tyler R. Andrews

Tel: 702-792-3773

Address: 3773 Howard Hughes Parkway, Suite 400N Las Vegas, NV 89169

2) Name: Jennifer Ko Craft

Tel: 702-796-5555 

Address: 3960 Howard Hughes Parkway, 9th Floor Las Vegas, NV 89169

3) Name: Michael N. Feder

Tel: 702-796-5555 

Address: 3960 Howard Hughes Parkway, 9th Floor Las Vegas, NV 89169

4) Name: Sophia K. Cione 

Tel: 702-949-5096

Address: Feldman Graf, P.C. 8845 W. Flamingo Road Suite 210 Las Vegas, NV 89147

5) Name: Adam H. Clarkson

Tel: 702-450-8710 

Address:  Fuller Jenkins Clarkson 2300 W. Sahara Ave. Suite 950, Box 33 Las Vegas, NV 89102

6) Name: Mark J. Connont

Tel: 702-262-6899

Address: Fox Rothschild, LLP 3800 Howard Hughes Pkwy. Suite 500 Las Vegas, NV 89169

7) Name: Gregory E. Coyer

Tel: 702-802-3088

Address: Coyer Law Office 600 S. Tonopah Dr. Suite 220 Las Vegas,  NV 89106

8) Name: Bonne L. Cragun

Tel: 702-408-3800

Address: The Law Office of David M. Jones 7455 Arroyo Crossing Pkwy. Suite 200 Las Vegas, NV 89113

9) Name: Richard T. Creer

Tel: 702-259-8640

Address: Kamer, Zucker & Abbott 3000 W. Charleston Blvd. Suite 3 Las Vegas, NV 89102

10) Name: Erin E. Dart

Tel: 702-693-4354
Address: Lewis Brisbois Bisgaard & Smith LLP 6385 S. Rainbow Blvd. Suite 600 Las Vegas, NV 89118

Week 6 EOC: Supreme Court Prayer

There has been a huge controversy with how our government has tried to approach the American people. Their intentions were to open a town meeting a a peaceful way but that has definitely not been the case for them. It has really offended people and their beliefs. "...Justice Elena Kagan, drawing on facts in the case, immediately asked Thomas G. Hungar, the town’s attorney, whether it would have been proper for the court’s session to open a different way: with a minister asking all in attendance to stand and pray with him about 'the saving sacrifice of Jesus Christ on the cross.' In this scenario, Kagan continued, 'The members of the court who had stood responded ‘Amen,’ made the sign of the cross, and the chief justice then called your case.'" (2) This approach shocked many religious individuals and they also felt that it was very one sided, and also believed that it was very inappropriate to start off in this manner. Many may think that these individuals are just angry because it wasn't addressed according to their personal religions but I feel that that's not the case. I think it was due to the fact that the government is suppose to do what's right for all of its people not just a few. So if they weren't able to appeal to them all then they shouldn't have tried this approach at all. "'We are a very religiously diverse country,' said Justice Samuel Alito, who worried about the town officials articulating binding guidelines on what can be said. 'All should be treated equally. So I can't see how you can compose a prayer that is acceptable to all these' religions." (1) The government probably felt that this would be a great idea to try to bring everyone together and didn't think it would back fire on them, but it did, BIG TIME! "WASHINGTON — Supreme Court justices who started work Wednesday with a public exhortation that “God save” the court wrestled with claims that legislative prayers violate the First Amendment." (3) I think in some cases the prayers do violate the First Amendment, although it allows the freedom of speech and practice of religion, I feel that it is directed towards individual rights. The government is not an individual so they should do what's best for everyone. In my opinion it was inappropriate to recite a prayer before a meeting, it was nice that they were trying to be peaceful with its people but that's no the way to do it. I think that this situation should be treated the same way as it is treated at schools. Where teachers are not allowed to tell or influences its students based on their beliefs or even teach about religion. Even some schools have stopped having Christmas or Halloween parties due to the fact that some student's religions don't celebrate those holidays. Religion is a personal practice, with different point of views, values, and boundaries so I don't think the government should try to use this approach because although their intentions were good it will still offend others. 

Citations:

1) Supreme Court Debates Church-State Dispute Over Public Prayer. Retrieved on November 7, 2013 from http://www.cnn.com/2013/11/06/us/supreme-court-board-meeting-prayers/

2) Supreme Court Hears Case on N.Y. Town's Practice of Opening Meetings with a Prayer. Retrieved on November 7, 2013 from http://www.washingtonpost.com/politics/2013/11/06/bd818344-46ff-11e3-a196-3544a03c2351_story.html

3) Supreme Court Hears Case on Opening Town Meeting with a Prayer. Retrieved on November 7, 2013 from http://seattletimes.com/html/nationworld/2022206630_scotusprayxml.html?syndication=rss

Week 5 EOC: Legal Challenges with Modern Internet

With the birth of the internet we as people have been faced with some major challenges. Three challenges that we are facing today are: privacy, copyright laws, and piracy. 

Privacy:
"The Challenge: Now more than ever, we share much of our private lives through online networks like Facebook and Twitter. We also choose to store more and more of our digital data in the cloud or on our cellphones. While information collected about our digital preferences can personalize the Internet for each of us, there is the concern that our data could be harvested and sold like crops or even used against us." (1) This problem is just on the rise and will continue to be grow. With all of the social media sites, people just want to share everything with everyone, although you can set you profiles to private, how private is it really? The increase of online shopping and digital banking has also begun to create issues that we didn't have before or not as much. People have begun to put extremely sensitive information on the web such as, social security numbers, birth dates, and credit card numbers. This information can literally ruin a persons life but yet it's an ever growing trend to shop online. Plus with our technology becoming more advanced banks are starting to become digital with robotic bankers. In order to reduce this problem we need to come up with some better privacy laws that will protect the people because if the problem gets worse people aren't going to want to keep finding ways to advance technology. It's has also been said that "text messaging and email are rapidly taking the place of voice calls as the communications means of choice; however, it's not settled whether the Fourth Amendment's privacy protection extend to these modern communications. If the Fourth Amendment does apply, the government may not obtain those communications without a warrant." (3)

Modernizing Copyright Laws:
"The Internet’s power as a medium through which creators can distribute their work continues to grow, yet the current copyright laws are hopelessly out of date. For the Internet to fulfill its potential, new and modernized copyright laws must reflect the current relationship between technology and creativity." (2) Copyright laws really need to become more detailed about what is right and wrong when dealing with the internet. The laws we have right now are kind of still lost in the past when there was little to no internet. Back in the day there probably wasn't to much plagrism or stealing of digital work such as pictures. Now there is so the government needs to address like how many words or sentences have to had been copied in order to be considered of breaking the law, and maybe even consequences for rather you knew you were stealing copyrighted work or not. 

(4)
Piracy:Another problem we are faced with is the increase of piracy. Piracy effects the economy, jobs, and it messes with working people's money. The picture shown informs readers of the statistics for the problems the piracy beings to us. This issue will only continue to grow as the internet becomes even more popular, and as people find more ways to link information.














Citations: 

1) The Internet's Top 5 Challenges In The Next 5 Years: IADAS. Retrieved on October 31, 2013 from http://www.huffingtonpost.com/2011/01/20/top-5-challenges-facing-the-internet_n_809146.html#s223340title=Protecting_Privacy

2) Webby Judges Identify Top Challenges of the Internet.  Retrieved on October 31, 2013 from http://www.webbyawards.com/press/next5.php

3) 5 Issues That Will Shape the Internet's Future. Retrieved on October 31, 2013 from http://abcnews.go.com/Technology/Media/top-issues-shape-internets-future/t/story?id=10800442

4) Online Piracy in Numbers- Facts and Statistics. Retrieved on October 31, 2013 from http://www.go-gulf.com/blog/online-piracy/

Week 4 EOC: Copyrights

What is a copyright?

Copyright is a way that the government allows an individual to protect his/her work from being copied or stolen. Although a work is automatically copyrighted as soon as it has been created you must claim it as yours otherwise anyone can still take it for themselves. You can either show it visibly such as a watermark or put the copyright where it cannot be seen, as long as it has been copyrighted with your name or company so that you can prove it is your original work. "In the United States, the owner of a copyright enjoys the ability of blocking the unauthorized copying or public performance of a work protected by copyright. Depending on how old a work is, whether or not copyright was renewed, when the work was published (if at all), and whether or not it is a work for hire, the U.S. copyright term for a work may be 28 years, 56 years, the life of the author plus 50 years, 75 years from the publication date, or 100 years from the date of creation. The reader will appreciate that these terms are much longer than the 17-year or 20-year term of a U.S. utility patent." (1)

This photo shows a list of items that can and cannot be copyrighted. (2) "Copyright protects the particular way authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work." (4)

How do you protect yourself?

First off how to protect yourself from others trying to claim your work: To be safe you should always copyright your work. If you don't then anyone can use it and even make profit from it and you are entitled to none of the earnings because you didn't copyright the work as yours. Next, if you are the one trying to use a work that is not your own, you could be committing Copyright Infringement. Copyright Infringement is "In utilizing any of the exclusive rights provided to the copyright holder without his permission, you may be violating or infringing on his rights under the Copyright Act. If the copyright holder has registered the infringed work with the U.S. Copyright Office prior to the infringement, the copyright holder may be entitled to compensation for his loss. Compensation may include damages, such as lost profits from the infringing activity, or statutory damages ranging from $250 to $150,000 for each infringing copy if the court feels that the infringement was committed 'willfully.'" (3) If you want to use a certain work, but you are unsure if it has been copyrighted, just do the research to find out who is the owner of the work. "The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission." (4)

Citations:

1) General Information about Copyright. Retrieved on October 24, 2013 from http://www.oppedahl.com/copyrights/

2) Copyright Basics: What is Copyright Law? Retrieved on October 24, 2013 from http://www.copyright.com/Services/copyrightoncampus/basics/law_protected.html

3) Copyright Infringement. Retrieved on October 24, 2013 from http://www.copyright.com/content/cc3/en/toolbar/education/get-the-facts/copyright_infringement.html

4) U.S. Copyright Office- Fair Use. Retrieved on October 24, 2013 from http://www.copyright.gov/fls/fl102.html

Week 3 EOC: Erin Brockovich

"A lawsuit by residents alleging that PG&E had dumped cooling water from a natural gas compression plant south of town into unlined ponds. The waste, laden with toxic chromium-6, contaminated Hinkley’s wells, and the suit blamed the company for widespread cancer and autoimmune disease."(1) This case came to light by Erin Brockovich who was working with a small law firm. The people in this small town thought that their sicknesses were just from bad health choices, up until Brockovich realized that PG&E was actually causing these sicknesses and were fully aware of it. PG&E informed the residence that the waste they were releasing was healthy for you and would not harm you, they also were really interested in buying all of their land without them knowing about this toxic chemical. Erin Brockovich was able to fight for these residents and "the giant utility to pay $333 million in an out-of-court settlement to about 650 residents over the town's bad water."(2) The people finally got their justice and were able to pay for their health expenses and protect their families, or so they thought. "It turns out despite the settlement and the lawsuit, Hikley's water problem never got fixed. In fact, accordng to the Lahontan Water Board, the area of chromium-6 contamination has grown in recent year."(3) It is great that Erin was able to get PG&E to increase the settlement, because it was obviously a foolish deal especially when it has to be divided between so many people. I know that the people and PG&E were able to make an out of court agreement but from what was recently discovered I believe that the people of Hikley should definitely try and sue the company now, because it doesn't seem like they learned their lesson or even care that they are potential killing people. You would think that since the public knows that PG&E is aware of the problem that they would try to be more careful with what they do with their waste.

Citations:

1) Hinkley: Erin Brockovich feels duped by PG&E. Retrieved on October 17,2013 from http://www.sbsun.com/general-news/20130709/hinkley-erin-brockovich-feels-duped-by-pge

2) In Hinkley, Toxic Legacy Sets the Stage for a Ghost Town. Retrieved on October 17, 2013 from http://www.californiareport.org/archive/R201304020850/b

3) California Waste Water: Erin Brockovich Still Fighting for Neighbors Over Contaminated Drinking Water. Retrieved on October 17, 2013 from http://abcnews.go.com/US/erin-brockovich-fighting-neighbors-toxic-drinking-water/t/story?id=15120603