Nor Azilahazah Ramlee, My Artwork: Profesional Practice In Art and Design

Final
Creative Application "Creative CVs"

Formal Resume:

Info graphic Resume:

Website :

http://azieazila53.wix.com/art-director-portfol

Task 3
Business & Legal practices for commissioned design ( Standard Contract)

Copyright

In Malaysia, copyright protection is provided under the Copyright Act 1987. Unlike trademarks, designs and patents (other intellectual property rights), there is no specific system of registration for copyright in Malaysia. Copyright exists as soon as the original work is created and belongs to the creator of the work automatically. Copyright protects creative works made by authors, producers, photographers, musicians, songwriters, artists, sculptors and other persons in creative businesses.

What can be protected by copyright?

Books (traditional or digital), scripts, music, pictures, videos, source codes for software, manuals/guidebooks, university journals, and other kinds of creative works or materials have special intangible rights attached to them. These rights, known as “copyrights”, are owned by the people who create the work – authors, producers, photographers, musicians, songwriters, artists and such – who can choose to do anything and everything they wish with their exclusive rights.

Copyright protects the expression of the author’s artistic and literary works and is also related to the exclusive right to prepare derivative works and to perform and display the work. Subject to the provisions of the Copyright Act 1987, artistic, literary and musical works, films, sounds recordings and broadcasts are eligible for copyright protection.

The only criteria for a creative work to be eligible for copyright is that there must have been sufficient effort applied or PUT into the work to make the work original and the work must be reduced to material form (so the work can be “seen” or “heard” by others). Works are eligible for copyright regardless of the quality of the work and the purpose for which they were created.

Trademark

In Malaysia, comprehensive trademark search and advice customers in the selection of the trade mark. In addition to handling the filing and prosecution of trademark applications and frequently update customers with status reports, in cooperation with the customer to come up with the most effective strategies for trademark protection, providing professional and practical solutions to help manage their trademark portfolio, not only in Malaysia and Southeast Asia, but also around the world.

What is a trademark?

A trademark is the face of your brand or company. Usually in the form of words, logos, pictures, names, numbers and/or taglines, trademarks are used in trade to identify the source of products/services and distinguish it from competitors in the marketplace.

Registering your trademark gives you the exclusive right to use your mark for the goods and/or services that it covers in the country that your mark is registered in. If you have a registered trademark you can put the ® symbol next to it to warn others against using it. However, using this symbol for a trademark that is not registered is an offence.

Patents

In Malaysian Patent Law is WTO/TRIPS compliant, and Malaysia is a member of the Paris Convention and the Patent Cooperation Treaty (PCT). At present it is not a member of the Budapest Treaty but its accession to the Budapest Treaty is likely in the near future. The registration of patents is handled by the Intellectual Property Corporation of Malaysia (MyIPO).

What is Patents?

A patent is a right granted to the owner of an invention that prevents others from making, using, importing or selling the invention without his permission.

A patentable invention can be a product or a process that gives a new technical solution to a problem. It can also be a new method of doing things, the composition of a new product, or a technical improvement on how certain objects work.

Once it is granted, its term of a patent is 20 years from the Date of Filing, subject to the payment of annual renewal fees.

Trade Secret

In Malaysia, A trade secret is defined as any valuable business information that is not generally known and is subject to reasonable efforts to preserve confidentiality. Generally speaking, a trade secret will be protected from exploitation by those who either obtain access through improper means, those who obtain the information from one who they know or should have known gained access through improper means, or those who breach a promise to keep the information confidential.

What is a Trade Secret?

Broadly speaking, any confidential business information which provides an enterprise a competitive edge may be considered a trade secret. Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret. Depending on the legal system, the protection of trade secrets forms part of the general concept of protection against unfair competition or is based on specific provisions or case law on the protection of confidential information.

The subject matter of trade secrets is usually defined in broad terms and includes sales methods, distribution methods, consumer profiles, and advertising strategies, lists of suppliers and clients, and manufacturing processes. While a final determination of what information constitutes a trade secret will depend on the circumstances of each individual case, clearly unfair practices in respect of secret information include industrial or commercial espionage, breach of contract and breach of confidence.

Intellectual Property & How it protected

In Malaysia, intellectual property (IP) is very important that there should be legal in Malaysia. Where would the impact of intellectual property. Intellectual property regardless of whatever is available.

What is Intellectual Property?

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

What is Model Release From ?

A model release known in similar contexts as a liability waiver is a legal release typically signed by subject of a photograph granting permission to publish the photography in on form or another.
The legal rights of the signatories in reference to the material is thereafter subject to the allowances and restriction stated in the release,and also possibly in exchange for compensation paid to the photographed.
Note that the issue of model release forms and liability waivers is a legal area related to privacy and is separate from copyright.Also use of the photos :I.e,publishing them,commercially or not.

Definition Model Release From

A model release agreement is a legal document signed by a model granting permission to publish in one form or another any photograph, image or sound of the model. The legal rights of the signatories in reference to the material are thereafter subject to the allowances and restrictions stated in the document.

Royalty free rf and rights-managed (rm) for photographer Illustration

What is a royalty?

A royalty is a way of earning revenue income from a copyrighted work. Artists can licence reproductions of their work. Most charge a fee as a royalty payment. (That's why musicians and authors can earn a lot of their income from royalties).

A payment to an owner for the use of property, especially patents, copyrighted works, franchises or natural resources. A royalty payment is made to the legal owner of a property, patent, copyrighted work or franchise by those who wish to make use of it for the purposes of generating revenue or other such desirable activities. In most cases, royalties are designed to compensate the owner for the asset's use, and are legally binding.

Rights Managed Royalties tend to be very specific as to, for example:

· Type of use
· Location of use
· Frequency of use

As a result images which are rights managed have a very specific history as to who the image has been licensed to, for what purpose, in which country and for how often and how long.

What is right management (RM)?

Comprised of core rights to determine the organization's mission, budget, strategy and operational rights to assign, direct, hire and fire. Includes a range of discretion in managing an organization used by its management supported by corporate legislation. The move was a way to beat back competitors and ensure that only approved K-cup coffee pods would function in Keurig machines. All these companies wanted from DRM was a way to control their product, whether it be a song, a movie, or even a single-serve coffee pod. They wanted to control who’s listening to it, who’s seeing it, and who’s brewing it. Wouldn’t it be great if law firms could have this kind of control over their product: Documents?

Piracy

Software piracy is the illegal copying, use of software or distribution. It is such a profitable “business” that it has caught the attention of organized crime groups in a number of countries. Software piracy cause significant lost revenue for publishers, which in turn results in higher prices for publishers, which in turn results in higher prices for the consumer.

When you purchase a commercial software package, an end user license agreement (EULA) is included to protect that software program from copyright infringement. Typically, the license states that you can install the original copy of software you bought on one computer and that you can make a backup copy in case the original is lost or damaged.

Software piracy applies mainly to full-function commercial software. The time limited or function-restricted versions of commercial software called shareware are less likely to pirate since they are freely available. Similarly, freeware, a type of software that is copyrighted but freely distributed at no charge.

Counterfeiting

“A counterfeit is an imitation, usually one that is made with the intent of fraudulently passing it off as genuine. Counterfeit products are often produced with the intent to take advantage of the established worth of the imitated product.” The process of fraudulently manufacturing, altering, or distributing a product that is of lesser value than the genuine product.

Counterfeiting is a criminal offense when it involves an intent to defraud in passing off the counterfeit item. The law contains exemptions for collector's items and items that are so obviously dissimilar from the original that a reasonable person would not consider them real. However, making a poor copy is no defense if the intent to defraud exists.

Counterfeiting most commonly applies to currency and coins. It is illegal to manufacture, possess, or sell equipment or materials for use in producing counterfeit coins and currency. Federal law also prohibits producing counterfeit postmarks, postage stamps, military papers, or government Securities. Counterfeiting also applies to the fraudulent manufacture and sale of other items, such as computer software, CDs, consumer products, airplane parts, and even designer dresses. An increase in this type of counterfeiting has led to a strengthening of intellectual property laws worldwide. Counterfeiting or conspiracy to distribute counterfeit goods can lead to state or federal criminal charges. Civil lawsuits also can result from allegations of counterfeiting.

Definition of “engagement” or “appointment” in areas of fashion design /graphic/advertising standard contract agreement.

A design in the marketing may depend as much on effective risk management as anything else. Furthermore, a key ingredient in managing risk is having the right professional services contract in place. A binding, pledging, or coming together. A mutual pact, contract, or agreement. An engagement letter is a clear delineation of an agreement that covers a particular project or employment. An attorney can require a client to sign such a letter to indicate that the person has been employed to perform specifically designated tasks.

There are few modules in contract agreement. The first two modules, Basics Terms & Conditions and intellectual Property Provisions, should be used for all design agreement. An additional three modules are provided as supplements that can be added to the agreement as needed: Print-specific Term & Conditions.

Task 2
Career Direction/ Pathway/Industry

Company :Portrait Qaseh

Background Company :

Portrait Qaseh Enterprise is an indigenous company registered on 27th August 2013 until now and have a business license (JM0665407)
The company operates from 9.00am until 6.00pm every Sunday until Thursday.
The company is a partnership between the company manager.
Each department that they are is experience in photography and graphic design.
Services provided by company was a photographic and video graphic.
The company also sells photo albums,printing design ,the preparation stage/display,create design for all printing and printing does not scale.

Department with different level of job scope :

Manager : As manager, this position is to lead the organization ,the chairman of in the meeting,plan all of about the company and was responsible for all the affairs concerning the company.
Secretary :As secretary,personal assistant or administrative assistant is a person whose work consists of supporting management,including executives,using a variety of project management,communication ,or organizational skills and manage schedules every position.
Finance :As finance,finance can also be defined as the science of money management and they also need manage all about money.Finance also aims to price assets based their risk level and their expected rate of return.
Marketing :As marketing,the provides a of marketing the strategy and managing all maters involving marketing.The also company be looking and they are planning to expand and to strengthen the company's marketing.
Operate :As operate,is an area of management concerned wit overseeing,designing,and controlling the process of production and designing business operations in the production of goods or service.To manage or the monitor everything operations of the about company.
Graphic Editor : As Graphic editor,need to prepare reservations involving graphic design and also need to edit the pictures you have taken.If also a making work related to graphic design.