Showing posts with label legal issues. Show all posts
Showing posts with label legal issues. Show all posts

Wednesday, September 20, 2017

BSA324, Anna van Riel collaboration, 20 September, 2017

I've locked in a radio interview with Darren from RadioSouthland for 10am 4th October.  Anna and I will sit down with him for 10-15 minutes to talk about the project and especially the music, which Anna will perform.  So excited!

We need legal contracts that outline what we're doing and what we're allowed to do with the material we collaborate on in future.  Anna should be able to perform the songs as part of her touring and recording and to use my animation, if she so chooses, to promote them.  I should be able to use the songs as part of my 3rd year project and with the show as it progresses and is sent around the world in search of funding and broadcasting.  I should be able to use the recordings that are made in conjunction with the episode script I currently have and others that may be written in future.  I'd like to animate for the "Today's the Day" and "Mad, Bad, and Dangerous to Know" songs.  I've joined APRA AMCOS to get co-songwriter credit for the lyrics I contributed.    

Monday, January 30, 2017

JSG Boggs is Dead, 30 January, 2017

NYTimes article


He's one of my favourite artists- his ideas about money, it's value, and why we trade it (why is it worth anything at all?) were so interesting.  RIP

Friday, January 1, 2016

summer 2015/16 research, 1 January 2016, Video games, public domain, internships

Adam Ruins Everything: Why People Think Video Games are Just for Boys
https://www.youtube.com/watch?v=UlnrV06-YDQ&index=5&list=PLuKg-WhduhkksJoqkj9aJEnN7v0mx8yxC

Why Internships are Actually Illegal:

https://www.youtube.com/watch?v=wh2JyX9cxos&list=PLuKg-WhduhkksJoqkj9aJEnN7v0mx8yxC&index=6

Why You Should Tell Your Co-Workers What You Earn:

https://www.youtube.com/watch?v=7xH7eGFuSYI&list=PLuKg-WhduhkksJoqkj9aJEnN7v0mx8yxC&index=7

How Mickey Mouse Destroyed the Public Domain

https://www.youtube.com/watch?v=SiEXgpp37No&list=PLuKg-WhduhkksJoqkj9aJEnN7v0mx8yxC&index=4

Anne Frank diary in copyright row

http://www.stuff.co.nz/world/europe/75586164/anne-franks-diary-published-online

Tuesday, October 20, 2015

What's due and when, 20 October



BMA243 digital illustration blog                                   21 October
BDM106 essay                                                               27 October
BMA115 drawing portfolio due                                     28 October
BMA243 digital illustration portfolio/cards/jigsaw       28 October
BDM124 stop-motion short and blog                             2 November
BDM103 Event write up                                                5 November
BDM127 2D short and blog                                           6 November
BDM115 comic and cover                                             6 November




To do: compile best drawings for portfolio.  Finish tweaking 243 SIT 'n' spit.  Shore up 124 and 127 blogs.  Publish film review entries.  Finish stop motion and 2D animation shorts.

Tuesday, October 13, 2015

BDM103, budget info, 13 October

Check out Y drive for Budget info

personnel/staff
venue staff, projectionist/ushers sound
designers
 organisers
poster distributors
volunteers
website?

Venue costs
hire, projection equipment, sound equipment, seating/tables
decorations
food or refreshments?

Advertising/marketing

Legal costs
lawyer fees, registrations, licences (APRA,etc)

Guest speaker
airfares, acco, food, transport costs, fee

Revenue
any profit to be made? sales at event?

Thursday, October 8, 2015

To Do List, 8 to 12 October


BDM124
What do we need to have done before starting to film Monday afternoon?
camera settings. review material

BDM127
finish animating "Green" scenes, tuck into "Amber"
Get all props and puppets into each scene so it's ready to animate.  Layout artist stuff!

BMA115
All day Friday.  Comic workshop.  Get story plugged into panels.  Get blacks inked.  Second round of colour.
Draw three noses for class Wednesday

BMA243
work on card and jigsaw puzzle ideas


Sunday night
BDM103
smooth up write up for animation film festival idea

BDM106
write first paragraph of paper.

Sunday, October 4, 2015

To Do list and itinerary, week of 5 to 12 October

Classes resume
Monday
9-11 BMA243 illustration work
BDM106 essay writing?
lunch check out camera
BDM124 stop motion  move assets to working space and start filming
5-9pm  5 eyes and nursery rhyme illustrations for BMA243

Tuesday
9-11 BDM103  project research
BDM106 essay writing?
lunch
BDM127 2D animation
5-9pm finish BMA243 work, if needed

Wednesday
BMA115 Drawing
11-1 BMA243 work, if needed
BMA243 class work
5-9 comic work and drinks with Alex

Thursday
9-11 BDM103 project research
11am-11pm

Friday
9am-11pm

Saturday
9am-9pm

Sunday
working at home on comic


Tuesday, September 22, 2015

To Do List: 24 September to 5 October

Study break commences this Friday.  We've dropped all pretense that a "holiday" is involved.  HOWEVER.  The girls are out of the boarding house for the next two weeks so I will have time off in the evenings!  I will take advantage of this extra time.

Here's what's due and when:
BMA115 drawing, lips                                      7th October                Done
BMA243  5 eyes, Joan of Arc, Victor               7th October
Safonkin, Angel, steampunk blueprint,
 Robot Woman, nursery rhyme
BMA115 comic colour 1st draft?                     14th October
BMA243 Digital Illustration portfolio              27th October
BDM115 8-page comic and covers                 28th October  (Week 15)
BDM106  Essay assignment 4                         30th October
BDM124  Stop-motion finished animation       2nd November
BDM103  Event proposal                                  5th November
BDM127  2D finished animation                      6th November
blogs




Tuesday, September 15, 2015

BDM103, contracts, 8 September

Find 2 examples of contracts relating to the film/animation or music industry
Crew contract
Lighting contract
Camera persons contract
Actors contract etc
Musicians contract
Voice actor contract
Write up some notes and have ready for class discussion on later
Ask yourself relevant questions, such as:

Contract for service or of service?
Why?
How much control do you have over people?
Are the contracted people vital to the operation?
Who is supplying the equipment?
What potential liabilities do I have?
Who does all the paperwork?


contract OF service at the producer's place of business
must remain in good standing with the union
"homework" is voluntary
producer furnishes tools and facilities
guaranteed 4 hours of work a day at 117% pay rate.  Anything over 8 hours is paid at 150%
can be loaned out to other producers without losing seniority or pay at original company
No strikes or lockouts unless producer fails to comply with arbitration awards
computer use does not remove an artist from the agreement


Theatrical Costume Designer contract   www.theatreforum.ie/.../Sample_Costume_Designer__s_contract-Final_..
contract FOR services because the designer comes in for one show only and theatre brings in a string of designers over the course of a season.
The contracted designer is vital to the production BUT can be gotten rid of after a point.  
Designer promises to provide original work and not infringe on the copyright of others.
If the producer abandons the production, the designer does not have to refund monies paid and shall be paid up to and including next stage of payment due.
Designer owns copyright but producer and licensee(s) have dibs on exclusive license to use designs in future presentations
Can renegotiate in future to give consent, but gain no more money, for future commercial exploitation of designs.

Tuesday, September 8, 2015

BDM103, Professional Practice, Task 6, 8 September

BDM103
research one example of a Trademark dispute
Who were the parties involved and what was the outcome?
http://www.theguardian.com/music/2014/sep/04/deadmau5-disney-mickey-mouse-ear-logo-legal-dispute
http://www.theguardian.com/music/2015/jun/23/deadmau5-and-walt-disney-settle-mouse-ears-legal-dispute#img-1

NZ Trademark Dispute
http://www.nzherald.co.nz/lifestyle/news/article.cfm?c_id=6&objectid=10449315
Image result for Trelise cooper tamsin cooper logosImage result for tamsin cooper logos

Tuesday, September 1, 2015

To Do List 3-6 September

BDM124
work on physical assets for set

BDM127
One GG and 3 Mme Le Snob and one view of the set in a box
translate all characters into ToonBoom Harmony and rig for animation 

create environment box in ToonBoom Harmony
Plan list of shots and choose easiest for Tuesday
animate easiest shot

Ben Bunting video
mid-shot of balloon girl in Flash

BMA243 digital illustration
finish Victor Safonkin
continue Joan of Arc  is this due next Wednesday?
start 5 Eyes nations homework assignment
A3 300 dpi in the style of The Simpsons (d'oh!!!)
look up Kodos and Kang
a title must appear on the work and be legible and typo free, also provide a writen explanation of my thoughts on this topic (to provide evidence of research) no less than 250 words.
NZ spies for 5 Eyes

BMA115 Drawing
comic!!!

BDM106
1000 word essay on QEI representation in film in three different eras due Monday


BDM103
research one example of a Trademark dispute

BDM103, Professional practices, 31 August

Star Trek Axanar fan film

BDM103 task 6 in Y drive:  find example ASA upholding complaint and not upholding complaint regarding environmental claims

Research one example of a complaint being upheld and one example of a complaint not upheld.
   (for the code and standard assigned to you in class)
Provide information on the following –
oWhat was the nature of the complaint?
oWho were the parties involved?
oWhat was the outcome?

o
oASA Link –


First impressions

Businesses should be careful that the overall impression created about a product is not misleading.
Seeking to convey an image of being environmentally friendly by using scenery in advertising, or designs featuring images or icons associated with the environment such as dolphins or plants, will breach the Fair Trading Act if that imagery is found to create an impression which cannot be substantiated.
Likewise, care should be taken when choosing a business or product name, that the name does not use environmental terminology or imply green credentials that cannot be substantiated.
Complaint upheld:
                                      Complainant: S. Duncan
                                      Advertisement: The Green Stuff


Complaint: The website advertisement at www.thegreenstuff.co.nz advertised a multi-purpose cleaner “The Green Stuff.” Wording said:

Non Toxic
Non Flammable
Biodegradable
Food Safe
Environmentally Friendly”.

Complainant, S. Duncan, said:

“Type: Web site
Where: Wednesday 15th October 2008. On the Web. It is called The Green Stuff. Who: The Green Stuff
Product: Multi Purpose Cleaner

Complaint -
They advertise to be environmentally friendly yet when speaking to the owner by phone he said they don't claim to be environmentally friendly because it is a grey area. It has ammonium in the product also.”

http://old.asa.co.nz/display.php?ascb_number=08549
Deliberation


The Complaints Board carefully read the correspondence relevant to the complaint and the advertisement. It noted Complainant, S. Duncan, was of the view that the advertisement was misleading where it made the claim “environmentally friendly” as there was “ammonium” in the product.

The Chairman directed the Complaints Board to consider the complaint with regard to the Code for Environmental Claims Basic Principles 1 and 3, 3(a), 3(b) and 3(c).

Turning to Basic Principle 1, the Complaints Board noted the wording where it said:
“… absolute claims for environmental benefit, either stated or implied, are not appropriate.
eg "Environmentally friendly"
….
are absolute claims and therefore not acceptable.”

The Complaints Board took into account the explanation received on behalf of the Advertiser that the claim had been be removed from the product labeling, but the website advertisement had been overlooked. It noted that an apology was tendered for this omission. However, as the Advertisement stood, the Complaints Board said it was technically in breach of Basic Principle 1.

It then considered the fact that the Complainant said the product contained ammonium, when in fact the advertisement said it contained alkydimentyl ammonium -chloride, and also claimed that the product was ammonia free.  The Complaints Board reiterated its long-held position that it was not an arbiter of scientific fact. However, it noted that in the instance before it the Advertiser had not provided substantiation that alkydimentyl ammonium-chloride was ammonia free. It accepted that there had been time constraints regarding preparation of the response. However, the Complaints Board ruled that the Advertisement was in breach of Basic Principle 3 in respect of this claim.

The Complaints Board ruled to uphold the complaint.

Complaint not upheld:
Complaint 08/460


                                    Complainant: P. Scott
                                    Advertisement: McDonald’s Restaurants (NZ) Ltd


Complaint: The television advertisement for McCafe featured shots of coffee being made in a McCafe as well as the coffee beans being picked in the rainforest by workers. The voice-over included: “McCafe is now serving a stronger, smoother, more enjoyable coffee that not only tastes great, it’s great for the environment too. Made with 100% Arabica Beans. It’s New Zealand’s first to be sourced from rainforest alliance certified farms. This means the coffee beans are grown in a way that helps to improve workers’ income, the communities and the environment. McCafe new coffee blend. A great deal for workers and a great tasting coffee for you.”

Shown on screen during part of the advertisement is the following web address:




Complainant, P. Scott, said:

“Type: Television
Where: Channel 3
Auckland
Approx. 8:17 pm
25 August 2008
Who: McDonalds McCafe
Product: McCafe Coffee

Complaint -
The advertisement breaches the code for environmental claims by using a generalised, absolute claim. The ad stated that McCafe coffee is "great for the environment".”
Deliberation

The Complaints Board carefully read the relevant correspondence and watched the  television advertisement. It noted Complainant, P. Scott, was of the view that the advertisement breached “the code for environmental claims by using a generalised, absolute claim” where it stated that McCafe coffee is "great for the environment".

The Chairman directed the Complaints Board to consider the complaint with reference to the Code for Environmental Claims, Basic Principles 1 and 3, also 3(a), (b) and (c).

Turning to the advertisement, the Complaints Board noted that the full claim said: “McCafe is now serving a stronger, smoother, more enjoyable coffee that not only tastes great, it’s great for the environment too.”

This claim was qualified with: “Made with 100% Arabica Beans. It’s New Zealand’s first to be sourced from Rainforest Alliance Certified Farms.”

Accordingly, it agreed that the message promoted a blend of coffee which was new to New Zealand and McCafe, and was sourced from Rainforest Alliance Certified Farms.  It also said that “great” was in the nature of a “generalised” rather than an “absolute” claim.

The next part of the advertisement said: “This means it is grown in a way that helps to improve workers’ income, the communities and the environment.”

This, in the majority view advised that the advertised product had an environmental advantage and was an improvement on its previous method of manufacture. Accordingly, the majority of the Complaints Board said the voice-over and graphics in the advertisement clearly communicated to the consumer, the basis for the claim, and that it was able to be substantiated, meeting the requirements of Basic Principle 3(a). The majority also said the claim met the relevant local or international standards as appropriate which was required by Basic Principle 3(b) and, in accordance with the requirements of Basic Principle 3(c), clearly explained to the consumer, the nature of the benefit.

Accordingly, the majority said it was not in breach of Basic Principles 1 or 3 of the Code for Environmental Claims.

On the other hand, the minority was of the view that the claim was questionable when assessed in respect of Basic Principle 1. Although the coffee beans may have been grown and harvested in an environmentally conscious manner, the environmental benefit did not appear to cover the complete life-cycle of the product and its packaging taking into account any effects on the environment of its distribution, use and disposal. Thereby the minority said the advertisement contained an exaggerated claim which was likely to mislead the consumer, and in the minority view the advertisement was in breach of this Basic Principle.

However, in accordance with the majority view, the Complaints Board ruled to not uphold the complaint.


Decision: Complaint Not Upheld

Tuesday, August 25, 2015

To Do List 27-30 August



BDM124 stop-motion:
get bear and bunny? bodies from goodwill.  scope it out.  Yay, team!!!!

BDM127 2D animation
finish environments and create box in Toon Boom Harmony
create asset checklist in excel
Assets
environments:
sky
GG building
museum ext
museum int
hallway
ground
cafe side of street

characters:
monkey_0000
GG_0000
Mad_0000
Painter_0000
Patron_000

Make ONLY what is "in camera": if we don't see the legs, don't make the legs.  If we don't see the bathroom, no bathroom.
Props:
paintings
crayons
paint tools

BDM115 Drawing
edit comic

BMA243 Digital Illustration
clock and game due plus 800 words of explanation on influences!!!
Keep thinking about Victor Safonkin painting and get started on Joan of Arc AFTER clock and game are done.

Monday morning or after 9 pm Sunday night
BDM103 task 6 in Y drive:  find example ASA upholding complaint and not upholding complaint regarding environmental issues?

BDM106 Animation history:
Watch a few QEI movies to prepare for essay.  Create skeleton of essay.

BDM103, Copyright and Takedown Notices, 25 August


Beijing Olympics Students for a Free Tibet take down notice

Tuesday, August 18, 2015

BDM103, Creative commons

www.creativecommons.org.nz

Source for things that have licenses for use that have already been allowed by the copyright holder.

BDM103, copyright homework, 18 August


Copyright Council of New Zealand

#1 Getting Permission
permission is not required if you're using an insubstantial part or the copyright has expired.
copyright exceptions apply in the case of Fair dealing, educational or public administration use.
It's not enough to acknowledge credit when using copyrighted works, you must GET PERMISSION
Not being able to find the copyright holder is no defence against using their work.  If it seems likely that, due to the age of the piece, copyright has expired, some people put a "good faith" notice in explaining their attempt and that they are willing to pay the copyright holder, should they come forward.
Moral Rights are in addition to copyright rights.  This obliges the user to attribute the relevant creators, acknowledge when something has been altered in the original work, and respect integrity of work by not using it in a way that damages creator's honour reputation.
Getting permission requires a submission in writing that explains who you are, what you want to use, and the hows and whys.  Always request confirmation that permission has been given.

These are guidelines only.  Always seek legal advice if you're unclear.

#2 Infringement of Copyright
Copyright is infringed when a "substantial" part of the work is used without permission. What's "substantial" mean?  Quality, not quantity of the work is assessed when making that determination.  In the case of music, it could be the use of only a few but very distinctive bars that could infringe copyright.  Coincidence is not copyright infringement.  You have to prove that the offending party has deliberately copied your work.  
You can be found guilty of authorising infringement if you provide the photocopier or the cd burner to another party to make copies.  Good grief!  You can also be guilty of infringement if you import things into NZ, sell them on, or display them publicly without permission.
If you've been infringed, you have to decide what you want to do, and if you want to charge a fee to cover the licensing fee and the cost of chasing them up.
You can contact the infringer directly to try to settle things nicely.  If that doesn't work, or isn't appropriate, you can then send a Letter of demand asserting that copyright has been violated.  The next step is court to ask for damages.  In some cases, criminal charges may apply to the perpetrator. At all stages, getting proper legal advice is advised so you don't do something illegal yourself.  Settling copyright infringements is the responsibility of the copyright holder, and no one else.

#3  Moral Rights
Authors of literary works, dramatic works, musical works, artistic works and in some cases, film director, enjoy moral rights over their works.  Creators have the right to be identified and must assert that right by including identification on the artistic work before handing the physical item over or in a commissioning agreement or agreement transferring or licensing copyright to another person.  They also have the right to not have work falsely attributed to them.  Right of Integrity is infringed when there is a distortion or mutilation of a work, or treatment that prejudices honour or reputation of the author or director.  It does not cover situations where an author may object to their piece being exhibited next to something they don't like or when a work has been allowed to deteriorate or is deliberately destroyed.  So street artists who object to their multi story murals dissolving under the elements or wrecking ball are not covered.  There are exemptions to Moral rights and they're similar to copyright exemptions:  fair use, reporting, fair dealing, or public administration. They can also be used in tv and film ads without being attributed.  There is a right to privacy when the subject of a photo does not own copyright but does not wish for their private and domestic photos to be put on display.  Moral rights last for the same amount of time as copyright and false attribution lasts until 20 years after the death of the creator.  Moral rights cannot be transferred.

Thursday, August 13, 2015

To Do list 13-17 August


alphabet animals, Ben bunting:  animation!!!

Stop-Motion Animation
animatic due Monday!  asset list, music, words, fight scene

2D animation
animatic due Tuesday!  import all proposal panels into Toon Booms and make look nice.

Illustration
Music poster due Wednesday!  mock up clock and games boards (final product due week 8)

Do: Monday morning
Professional Practices
Task 4: read materials in week 5 on Y drive and briefly summarize for discussion Tuesday.  Post on blog.

Tuesday, August 4, 2015

BDM127, Pitch, fonts, 4 August


I like this font, but it's not free for commercial use, so I'll mimic some elements without copying it.
I like the square quality of the marker/brush and the drips.
Rachel has sourced some drip brushes from deviantart.com, so I'm good to go!

fonts on screen  Glenn introduced me to this site- it reads the fonts you have on your computer and lets you see what they all look like.  I typed in the word Art and was able to compare dozens of samples side by side.