Digital Sculpture: Initial design ideas

These are my initial design ideas in response to a brief, titled "Digital Sculpture". The project requires I make one sculpture and one piece of merchandise, to be designed on Rhino Cad and produce using a laser cutter and/or 3D printer. The initial design thoughts pictured below are for my sculpture.

1) Bin-it: Geometrically formed giant bin symbol.

2) Floor of light: Mirrored geometric light. 

3) Overflow: Bin with giant balls of paper.

4) Forever changing: White block balanced to stand on any side.

Growth: Horizontally stacked city scape.

My design station with some idea developments.

CONFIDENTIALITY / NON DISCLOSURE AGREEMENT

  

JM Design 33 Willingdon Road, Childwall Liverpool, L16 3NE               JosephMarsh1995@gmail.com www.JMDesign.co.uk

CONFIDENTIALITY / NON DISCLOSURE AGREEMENT

1.       For the purpose of this agreement:
“Confidential Information” means only information relating to products, models and samples, design concepts, finishes, technical specifications, manufacturing processes, research and development, disclosed to the recipient.

2.       The recipient hereby undertakes and agrees:
To keep confidential and not to disclose to any other party the confidential information, or any part of the ideas and concepts behind the deliverables. Recipient may disclose information received if they are required under of a court of law, provided written notice so the party can relieve of the information safety without infringing this agreement.

3.       The disclosure of the confidential information all occur within twelve months of the effective date of this agreement and the provisions of this agreement shall begin on the date of and remain in force for 5 years form expiry of said period for disclosure.

4.       Any intellectual property rights in and to the confidential information provided by Joseph Marsh shall remain property of Joseph Marsh until a further agreement is signed.

5.       All agreements are not to change unless one of the parties notifies the other with a written request to do so.

6.       If a party or both parties have a disagreement and they do not come to a settlement with in thirty days starting from the date the disagreement was proposed in writing the information can be given to a higher source to be resolved in accordance to English law.

7.       The term in this agreement are in accordance with English law.

Risk Assessment: Digital Sculpture

Activity	Person in danger	Dangers	Severity	Likelihood	Rate	Comments
Designing	Designer	Muscle fatigue, neck and back ache, Losing CAD CAM files/stolen.	4	4	16	Use ergonomically designed and anthropometric-ally tested equipment when sitting or standing for long periods of time. Back up all files and save regularly. Anti-virus software to protect CAD CAM models form being copied.
Making	Designer	Inhalation of dust/fumes from machines, Lung damage, cuts/abrasions,  electrical surges.	5	1	5	Make sure ventilation system is installed correctly. Were safety gloves and goggles when appropriate, Ensure all machines have safety switches.
Intellectual Property Rights	Designer	Designs/ideas being stolen.	5	3	15	Register all Design rights, Patents, Copyrights, trademarks after designing. Sign a confidentiality/non-disclosure agreement with clients and subcontractors.
Sculpture in use	End user	Public could hurts themselves by climbing onto the design.	5	1	5	Climb proof the sculpture, no sharp edges, no slippery surfaces.
Merchandise in use	End user	Little pieces could be consumed by small children.	5	1	5	Ensure merchandise do not have small consumables if targeted at children.

Term and Conditions

JM Design                                                                                          33 Willingdon Road, Childwall                                                                                                             Liverpool, L16 3NE                                                                                      JosephMarsh1995@gmail.com                                                                                                   www.JMDesign.co.uk

THIS AGREEMENT is made on     ………./………./………. (insert date) between:

Joseph Marsh –free lance designer at 33 Willingdon Road, Childwall, Liverpool, L16 3NE, England (Joseph Marsh) and:

………………………………………………………………………………………………………………………………………………        

STANDARD TERMS AND CONDITIONS FOR COMISSIONED WORK

1.       1. INTERPRETATION

Deliverables: are drawings, designs, ideas, prototypes, information on processes, descriptive pieces of text, and design discussions that will ge given to the receipt by Joseph Marsh.

Joseph Marsh: means Joseph Marsh, freelance designer 33 willingdon road, Childwall, Liverpool, L16 3NE England 

2.       2. BASIS OF CONTRACT

An offer made by the client shall only be deemed to be accepted when the service estimate is signed by Joseph Marsh and the client at which point and date the contract will start.

Any drawings, products, written ideas or descriptive pieces issued by Joseph Marsh prior to the contract start date are not included in this contract. All intellectual property rights shall remain the property of Joseph Marsh unless the terms of specific rights are discussed and signed beforehand as a part of the service or the deliverables.

These conditions and the terms of the service estimate apply to the contract and all other requests of terms from the client do not apply unless consulted an agreed with both parties.

3.       3. SUPPLY OF SERVICE

Joseph Marsh shall use reasonable endeavours to supply the service to the client in accordance with the service estimate and these conditions in all respects.

Joseph Marsh shall meet any performance dates specified in the service estimate, but any such dates shall be estimates only and time shall be managed importantly for the performance of the services. Joseph Marsh will give nothing more than three days’ notice if such deadlines may not be met. 

Joseph Marsh will not be responsible for testing prototypes against safety standards and the client is responsible for ensuring that the selected design and prototypes are fit for purpose and comply with all relevant legislation before manufacturing the design.

4.       4. CLIENT OBLIGATIONS

The client will have to:

make sure any information provided to Joseph Marsh in terms of service estimates are complete and accurate.
co-operate Joseph Marsh in all matters relating to the services and provide information and materials to Joseph Marsh as he may require a reasonable supply to ensure that Joseph Marsh’s endeavours in terms of the service as met.

in writing inform Joseph Marsh in clear accurate terms if any payments or conditions to the service estimate and contract cannot be performed.

5.      5.  CHANGE CONTROL

If the client wishes to make changes to the service estimate these proposed changes must be sent to Joseph Marsh in writing.

Joseph Marsh will not be obliged to accept any change request, in the case that Joseph Marsh does accept these proposed changes Joseph Marsh will issue a revised service estimate.

6.        INTELLECTUAL PROPERTY RIGHTS

Unless otherwise discuss with both parties all Intellectual Property Rights in connection to the services shall remain property of Joseph Marsh.

If the client goes onto to market a part of the services provided by Joseph Marsh they will first revise the service estimate and in clear accurate terms both parties will have to agree or disagree on a settlement in writing.

7.      6.  THIRD PARTY SERVICES

In providing the services Joseph Marsh may arrange for elements of the service to be provided by third parties.

It is of the clients interest at that they form a separate agreement with the third party if it is outlined in the service estimate and any claims that are at the fault of the third party are to be dealt with them separately as Joseph Marsh holds no liability for these things.

8.      7.  CONFIDENTIALITY

The client shall keep all deliverables and all other designs and information which are provided to the client by Joseph Marsh to themselves and provide no information on inventions, processes or initiatives to other parties. In accordance with this contract the client is required to sign a non-disclosure agreement or a confidentiality agreement with Joseph Marsh whether before or after the contract is in existence.

The client shall restrict disclosure of such confidential information to its employees, agents or subcontractors and if these confidentialities are disclosed this information will have to be justified on a need to basis. Only if there is problems lying in the process of such contacts should the information to be disclosed.

9.       8. LIABILITY

Joseph Marsh excludes all liability for any loss, damages, claims, or liabilities which may arise as a result of the selection by the client in terms of materials or processes or safety requirements in any design.

Nothing in the contract excludes Joseph Marsh for me liable for death or personal injury cause by his carelessness or the negligence of his employees or subcontractors.

10.    9. TERMINATION

Without limiting any terms of the contract each party may terminate the contract immediately by giving written notice to the other party if:

the other party is  declared bankrupt.

the other party decides to suspend of cease their business.

the other party commits a breach of the contract and fails to come to terms with the breach within 30 days starting after one of the recipients has been notified another in writing.

11.    10. CONSEQUENCES OF TERMINATION

When the contract is terminated for any reason the client must pay Joseph Marsh from where the latest stage of payment falls. The client must return any Intellectual property rights that are not fully paid for to Joseph Marsh and any rights to claim against damages in respect to the contract will be terminated as of when the contract has been terminated or expired.

12.    11. GENERAL

Force majeure events means they are beyond the control of Joseph Marsh including acts of god, war, riots, malicious damage, regulations, accident, breakdown of machinery, fire, flood  or default of Joseph Marsh or subcontractors.

Joseph Marsh will not be held liable for any delays or failures to perform his obligations under this contract caused by a force majeure event.

If force majeure events stop Joseph Marsh from providing his service for more than two weeks, Joseph Marsh has the right without infringe any other terms of the contract terminate the contract itself.

All terms of this contract are in accordance with English law.

Brief description of what some Intellectual property rights consist of.

Patents

A Patent protects new inventions and covers how things work, what they do, how they do it, what their made of and how they are made. If a patent is granted, the owner can take legal action towards those infringing it. This will stop or try to stop others from copying, making, using or selling the invention without permission. This will involve suing the alleged infringer through a court of law, this process can be costly and time consuming as it requires a lot time and expert legal advice. The owner of the patent has to fund these themselves although there is a chance of the money being refunded if they win their case.

In order to apply for a patent your invention must be: new, have an inventive step that is not obvious to others with knowledge of the subject and be capable of being made and used in some kind of industry. It must not be a scientific or mathematical discovery, theory or method, a literal, dramatic, musical or artist work, a method of medical treatment or diagnosis, the presentation of information, or some computer programs, a way of performing a mental act, playing a game or doing business, an animal or plant variety, against public policy or morality.

Design rights

A registered design is a legal right which protects the overall visual appearance of a product or a part of a product in the country or countries you register it. The protection is given to the way the product looks. The appearance of a certain product may result in a combination of elements like shape, colour(s) or material(s). However references to texture or materials may not be granted for the feel or texture of it or what the product is actually made from. Only that these features may influence what the product in over view looks like.

Registering a design can be a valuable intellectual property right. It can form a base of an infringement action against others and will help in stopping them from creating designs that are too similar to your own; if they are within the same geographical area you have protected your design in.

Copyrights

A copyright can protect: literary works, including novels, instruction manuals, computer programs, song lyrics, newspaper articles and some types of database, dramatic works, including dance or mine, musical works, artistic works, including paintings, photographs, sculptures, architecture, technical drawings, diagrams, maps and logos, layouts or typographical arrangements used to publish works and many more things.

Copyright applies to any medium. This means that you must not reproduce copyright protected works in another medium without permission. This includes, posting photographs of a physical work on the internet, making a sound recording of a book or a painting of a photograph and so on. A copyright protected work can have more than one copyright, or another intellectual property right, connected to it. Take an album of music for example; it can have separate copyrights for individual songs, sound recordings, artworks and so on. Whilst copyright can protect the artist logo and you can also register is for a trade mark.