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Taking Intellectual Property Into Their Own Hands
Taking Intellectual Property into Their Own Hands Amy Adler* & Jeanne C. Fromer** When we think about people seeking relief for infringement of their intellectual property rights under copyright and trademark laws, we typically assume they will operate within an overtly legal scheme. By contrast, creators of works that lie outside the subject matter, or at least outside the heartland, of intellectual property law often remedy copying of their works by asserting extralegal norms within their own tight-knit communities. In recent years, however, there has been a growing third category of relief-seekers: those taking intellectual property into their own hands, seeking relief outside the legal system for copying of works that fall well within the heartland of copyright or trademark laws, such as visual art, music, and fashion. They exercise intellectual property self-help in a constellation of ways. Most frequently, they use shaming, principally through social media or a similar platform, to call out perceived misappropriations. Other times, they reappropriate perceived misappropriations, therein generating new creative works. This Article identifies, illustrates, and analyzes this phenomenon using a diverse array of recent examples. Aggrieved creators can use self-help of the sorts we describe to accomplish much of what they hope to derive from successful infringement litigation: collect monetary damages, stop the appropriation, insist on attribution of their work, and correct potential misattributions of a misappropriation. We evaluate the benefits and demerits of intellectual property self-help as compared with more traditional intellectual property enforcement. DOI: https://doi.org/10.15779/Z38KP7TR8W Copyright © 2019 California Law Review, Inc. California Law Review, Inc. -
Nysba Spring 2020 | Vol
NYSBA SPRING 2020 | VOL. 31 | NO. 2 Entertainment, Arts and Sports Law Journal A publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association In This Issue n A Case of “Creative Destruction”: Takeaways from the 5Pointz Graffiti Dispute n The American Actress, the English Duchess, and the Privacy Litigation n The Battle Against the Bots: The Legislative Fight Against Ticket Bots ....and more www.nysba.org/EASL NEW YORK STATE BAR ASSOCIATION In The Arena: A Sports Law Handbook Co-sponsored by the New York State Bar Association and the Entertainment, Arts and Sports Law Section As the world of professional athletics has become more competitive and the issues more complex, so has the need for more reliable representation in the field of sports law. Written by dozens of sports law attorneys and medical professionals, In the Arena: A Sports Law Handbook is a reflection of the multiple issues that face athletes and the attorneys who represent them. Included in this book are chapters on representing professional athletes, NCAA enforcement, advertising, sponsorship, intellectual property rights, doping, concussion-related issues, Title IX and dozens of useful appendices. Table of Contents Intellectual Property Rights and Endorsement Agreements How Trademark Protection Intersects with the Athlete’s EDITORS Right of Publicity Elissa D. Hecker, Esq. Collective Bargaining in the Big Three David Krell, Esq. Agency Law Sports, Torts and Criminal Law PRODUCT INFO AND PRICES 2013 | 539 pages Role of Advertising and Sponsorship in the Business of Sports PN: 4002 (Print) Doping in Sport: A Historical and Current Perspective PN: 4002E (E-Book) Athlete Concussion-Related Issues Non-Members $80 Concussions—From a Neuropsychological and Medical Perspective NYSBA Members $65 In-Arena Giveaways: Sweepstakes Law Basics and Compliance Issues Order multiple titles to take advantage of our low flat Navigating the NCAA Enforcement Process rate shipping charge of $5.95 per order, regardless of the number of items shipped. -
2011-Summer.Pdf
BOWDOIN MAGAZINE VOL. 82 NO. 2 SUMMER 2011 BV O L . 8 2 N Oow . 2 S UMMER 2 0 1 1 doin STANDP U WITH ASOCIAL FOR THECLASSOF1961, BOWDOINISFOREVER CONSCIENCE JILLSHAWRUDDOCK’77 HARI KONDABOLU ’04 SLICINGTHEPIEFOR THE POWER OF COMEDY AS AN STUDENTACTIVITIES INSTRUMENT FOR CHANGE SUMMER 2011 CONTENTS BowdoinMAGAZINE 24 AGreatSecondHalf PHOTOGRAPHS BY FELICE BOUCHER In an interview that coincided with the opening of an exhibition of the Victoria and Albert’s English alabaster reliefs at the Bowdoin College Museum of Art last semester, Jill Shaw Ruddock ’77 talks about the goal of her new book, The Second Half of Your Life—to make the second half the best half. 30 FortheClassof1961,BowdoinisForever BY LISA WESEL • PHOTOGRAHS BY BOB HANDELMAN AND BRIAN WEDGE ’97 After 50 years as Bowdoin alumni, the Class of 1961 is a particularly close-knit group. Lisa Wesel spent time with a group of them talking about friendship, formative experi- ences, and the privilege of traveling a long road together. 36 StandUpWithaSocialConscience BY EDGAR ALLEN BEEM • PHOTOGRAPHS BY KARSTEN MORAN ’05 The Seattle Times has called Hari Kondabolu ’04 “a young man reaching for the hand-scalding torch of confrontational comics like Lenny Bruce and Richard Pryor.” Ed Beem talks to Hari about his journey from Queens to Brunswick and the power of comedy as an instrument of social change. 44 SlicingthePie BY EDGAR ALLEN BEEM • PHOTOGRAPHS BY DEAN ABRAMSON The Student Activity Fund Committee distributes funding of nearly $700,000 a year in support of clubs, entertainment, and community service. -
Hip Hop, Memes, and the Internet
BY ALL MEMES NECESSARY: HIP HOP, MEMES, AND THE INTERNET MAX TRETTER FRIEDRICH-ALEXANDER-UNIVERSITY ERLANGEN-NUREMBERG INTRODUCTION: HIP HOP ON THE INTERNET The internet influences hip hop in various ways. First and foremost, the internet is a medium that opens up a new space and stage in which hip hop can be performed. This stage is no longer local, but global, which represents both opportunity and challenge. On the one hand, each hip hop artist must assert themselves against countless compet- itors from all over the world; on the other hand, their breakthrough online, if it suc- ceeds, can be monumental in comparison to an analog breakthrough, which is usually confined to a limited area. Therefore, for hip hop artists it is increasingly important to attract attention – as only those who get the attention succeed in this new medium (Prior 2018, Jenkins et al. 2013). The internet’s central influence on hip hop is the inten- sification of the battle for attention – which results in hip hop artists trying new ap- proaches and strategies to gain that attention. One of them is producing their content with an eye to making it as meme-able as possible and capitalizing on meme dynamics on the internet. In this study, I approach memes as a concept, following the definition of Dawkins (2006) who originally defined the concept of memes in his work The Selfish Gene. Memes are small units of information that are usually very simple and catchy (ges- tures, styles, melodies, or phrases). They are transmitted from person to person by imitation or adaption, replicate and spread very quickly, and contribute to the dissem- ination and formation of common behaviors and cultures (Dawkins 2006). -
How Fashion Erased the Politics of Streetwear in 2017
City University of New York (CUNY) CUNY Academic Works Capstones Craig Newmark Graduate School of Journalism Fall 12-15-2017 Mask On: How Fashion Erased the Politics of Streetwear in 2017 Frances Sola-Santiago How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gj_etds/219 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] Mask On: How Fashion Erased the Politics of Streetwear in 2017 By Frances Sola-Santiago Hip-hop culture dominated the fashion zeitgeist in 2017. From a Louis Vuitton and Supreme collaboration to Gucci’s support of Harlem designer Dapper Dan’s store reopening, the fashion industry welcomed Black culture into the highest echelons of high fashion. Rapper Cardi B became the darling of New York Fashion Week in September after being rejected by designers throughout most of her career. Marc Jacobs traded the runway for the street, staging a show that included bucket hats, oversized jackets, and loads of corduroy on a large number of models of color. But while the industry appeared to diversify by acknowledging the indomitable force of hip-hop culture, it truly didn’t. The politics of hip-hop and Black culture were left out of the conversation and the players behind-the-scenes remained a homogeneous mass of privileged white Westerners. Nearly every high fashion brand this year capitalized on streetwear— a style of clothing born out of hip-hop culture in marginalized neighborhoods of New York City and Los Angeles, and none recognized the historical, cultural, and political heritage that made streetwear a worldwide phenomenon, symbolizing power and cool. -
Innovating a 90'S Streetwear Brand for Today's Fashion Industry
FOR US BY US: INNOVATING A 90'S STREETWEAR BRAND FOR TODAY'S FASHION INDUSTRY A Thesis submitted to the FAculty of the Graduate School of Arts and Sciences of Georgetown University in partiAl fulfillment of the requirements for the degree of MAsters of Arts in CommunicAtion, Culture And Technology By Dominique HAywood, B.S WAshington, DC May 26, 2020 Copyright 2020 by Dominique HAywood All Rights Reserved ii FOR US BY US: INNOVATING A 90'S STREETWEAR BRAND FOR TODAY'S FASHION INDUSTRY Dominique HAywood, BS Thesis Advisor: J.R. Osborn, Ph.D ABSTRACT This thesis is a cAse study of how a vintAge fashion brand cAn be innovated through humAn centered design for the current fashion industry. IDEO, global design and innovation company, has clAssified humAn centered design as A method for identifying viAble, feAsible and desirable solutions with the integration of multidisciplinary insights (IDEO). For this thesis, the brand of focus is FUBU, for us by us, a 90’s era streetweAr brand that is a product of New York City hip-hop culture. A succinct proposAl for FUBU’s resurgence in the fashion industry will be designed by first identifying the viAbility of the fashion industry and feAsibility of the brand’s revival. ViAbility will be determined by detAiling the current stAte of the fashion and streetweAr industries. This is to estAblish the opportunities and threAts of new and returning entrants into the industry. FeAsibility will be declAred by reseArching the history and current stAte of the brand, its cultural relevancy, and its strengths and weAknesses. -
A Moral Persuasion: the Nazi-Looted Art Recoveries of the Max Stern Art Restitution Project, 2002-2013
A MORAL PERSUASION: THE NAZI-LOOTED ART RECOVERIES OF THE MAX STERN ART RESTITUTION PROJECT, 2002-2013 by Sara J. Angel A thesis submitted in conformity with the requirements for the degree of PhD Graduate Department Art University of Toronto © Copyright by Sara J. Angel 2017 PhD Abstract A Moral Persuasion: The Nazi-Looted Art Recoveries of the Max Stern Art Restitution Project, 2002-2013 Sara J. Angel Department of Art University of Toronto Year of convocation: 2017 In 1937, under Gestapo orders, the Nazis forced the Düsseldorf-born Jewish art dealer Max Stern to sell over 200 of his family’s paintings at Lempertz, a Cologne-based auction house. Stern kept this fact a secret for the rest of his life despite escaping from Europe to Montreal, Canada, where he settled and became one of the country’s leading art dealers by the mid-twentieth century. A decade after Stern’s death in 1987, his heirs (McGill University, Concordia University, and The Hebrew University of Jerusalem) discovered the details of what he had lost, and how in the post-war years Stern travelled to Germany in an attempt to reclaim his art. To honour the memory of Max Stern, they founded the Montreal- based Max Stern Art Restitution Project in 2002, dedicated to regaining ownership of his art and to the study of Holocaust-era plunder and recovery. This dissertation presents the histories and circumstances of the first twelve paintings claimed by the organization in the context of the broader history of Nazi-looted art between 1933-2012. Organized into thematic chapters, the dissertation documents how, by following a carefully devised approach of moral persuasion that combines practices like publicity, provenance studies, law enforcement, and legal precedents, the Max Stern Art Restitution Project set international precedents in the return of cultural property. -
Songs Albums
RIAA JULY 2018 GOLD & PLATINUM Janis Joplin | Janis Joplin's Greatest Hits AWARDS ALBUMS Columbia Records Various Artists | Hamilton (Original In July, RIAA certified Broadway Cast Recording) 128 Song Awards and Atlantic Records 25 Album Awards. All RIAA Awards dating back to 1958 are available at riaa. com/gold-platinum! Don’t miss the NEW riaa.com/ goldandplatinum60 site Luke Combs | This One's For You Shawn Mendes | Handwritten Columbia Nashville/River Island Records celebrating 60 years of Gold House Artists & Platinum Awards and many #RIAATopCertified milestones for your favorite artists! SONG ALBUM AWARDS 128 AWARDS 25 Youngboy Never Broke Again | Until Death Call My Name APG/Atlantic Records SONGS Drake | God's Plan Young Money/Cash Money/ Republic Records Taylor Swift | Look What You X Ambassadors | Renegades Dua Lipa | New Rules Migos | Walk It Talk It Ariana Grande | No Tears Made Me Do KidinaKorner/Interscope Warner Bros Records Quality Control Music/Motown Left to Cry Big Machine Records Records Records/Capitol Records Republic Records Jason Aldean | You Make It Easy Morgan Wallen | Up Down Nathaniel Rateliff & the Nicki Minaj | Chun-Li Selena Gomez | Bad Liar Broken Bow Records Big Loud Records Night Sweats | S.O.B. Young Money/Cash Money/ Interscope Records Fantasy/Stax Records Republic Records www.riaa.com // // // GOLD & PLATINUM AWARDS JULY | 7/1/18 - 7/31/18 MULTI PLATINUM SINGLE | 27 Cert Date | Title | Artist | Genre | Label | Plat Level | Release Date | 7/10/2018 That's What I Like Bruno Mars Pop Atlantic Records 11/18/2016 Bruno Mars & 7/10/2018 Pop Atlantic Records 11/18/2016 Finesse Cardi B 7/27/2018 Sorry Not Sorry Demi Lovato Pop Island Records 7/11/2017 R&B/ 7/27/2018 Wild Thoughts (Feat. -
Geschlechterrepräsentationen Im Musikvideo Beiträge Zur Popularmusikforschung 31 Herausgegeben Von Dietrich Helms Und Thomas Phleps
Dietrich Helms, Thomas Phleps (Hg.) Clipped Differences. Geschlechterrepräsentationen im Musikvideo Beiträge zur Popularmusikforschung 31 Herausgegeben von Dietrich Helms und Thomas Phleps Editorial Board: Dr. Martin Cloonan (Glasgow) | Prof. Dr. Ekkehard Jost (Gießen) Prof. Dr. Rajko Mursˇicˇ (Ljubljana) | Prof. Dr. Winfried Pape (Gießen) Prof. Dr. Helmut Rösing (Hamburg) | Prof. Dr. Mechthild von Schoenebeck (Dortmund) | Prof. Dr. Alfred Smudits (Wien) Dietrich Helms, Thomas Phleps (Hg.) Clipped Differences. Geschlechterrepräsentationen im Musikvideo This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License. Bibliografische Information der Deutschen Bibliothek Die Deutsche Bibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografie; detaillierte bibliografische Angaben sind im Internet über http://dnb.ddb.de abrufbar. © 2003 transcript Verlag, Bielefeld Umschlaggestaltung: Kordula Röckenhaus, Bielefeld Lektorat: Dietrich Helms, Thomas Phleps Satz: Ralf von Appen, Bremen Druck: Majuskel Medienproduktion GmbH, Wetzlar ISBN 3-89942-146-9 INHALT Editorial 7 Bilderwelt der Klänge — Klangwelt der Bilder. Beobachtungen zur Konvergenz der Sinne Helmut Rösing 9 Kontextuelle Kontingenz: Musikclips im wissenschaftlichen Umgang Christoph Jacke 27 Chromatische Identität und Mainstream der Subkulturen. Eine audiovisuelle Annäherung an das Stilphänomen Madonna am Beispiel des Songs »Music« Heinz Geuen und Michael Rappe 41 Musikvideos im Alltag: Geschlechtsspezifische Darstellungsweisen Erika -
Dusken.No › Media › Publications › 2018 › UD-2018
STUDENTAVISA I TRONDHEIM NR. 7 – 104. ÅRGANG 14.08.18 - 04.09.18 FRIVILLIG I STUDENTBYEN en del av noe større En introduksjon til frivilligheten 10 Den nye Samfundetlederen 22 Trondheim studenthage 26 GRATIS! 2 UNDER DUSKEN LEDER I DENNE UTGAVEN | UNDER DUSKEN 3 Akrorock: Ei jente blir kastet opp i lufta. Dansen kalles akrobatisk rock’n’roll, ofte bare akrorock, en aktivitet med høye løft og et energinivå uten like. JENNY WESTRUM-REIN Redaktør, Under Dusken 14 Årlig printer studentene ATB BØR IKKE SPARE PÅ STUDENTENES TRYGGHET ved NTNU i snitt ut Hage på dugnad: Midt i byens I Stavanger har busselskapet Kolom- larm, mellom fotballstadion, 1700 ark hver. bus tidligere gitt alle studenter gratis bussterminal og hovedvei på buss i fadderuka. I Oslo setter Ruter Tempe, ligger studenthagen i opp ekstra nattbusser for å få nye Trondheim. studenter trygt hjem. Når skal Trondheim og AtB følge etter? 26 Flere av Sits studentbyer, deriblant Moholt og Voll, ligger et godt stykke unna sentrum. Moholt studenby er den største studentbyen tilknyttet Sit, og inneholder omlag 1300 boenheter. Størstedelen av beboerne i studentbyene er førsteårsstudenter og Frivillig i Filippinene: I 2004 dro utvekslingsstudenter. Disse studentene er nye i byen, en gjeng trøndere tidlig i 20-årene kjenner ikke til alle veier og har lite sosialt nettverk til Tacloban City i Filippinene for å å lene seg på enda. Å få disse studentene trygt hjem starte barnehjemmet Streetlight. burde vært en prioritet for «Nordens beste studentby». Se bildene fra frivilligheten. De første ukene i semesteret er med på å legge grunnlaget for hvordan resten av studietida vil bli. -
This Book Is Valuable: an Anthology of Essays on Design and the Perception of Value in Luxury Fashion Objects Carlos Velasco University of Nebraska-Lincoln
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Honors Theses, University of Nebraska-Lincoln Honors Program Spring 3-12-2018 This Book is Valuable: An Anthology of Essays on Design and the Perception of Value in Luxury Fashion Objects Carlos Velasco University of Nebraska-Lincoln Follow this and additional works at: https://digitalcommons.unl.edu/honorstheses Part of the Fashion Design Commons, Fine Arts Commons, and the Graphic Design Commons Velasco, Carlos, "This Book is Valuable: An Anthology of Essays on Design and the Perception of Value in Luxury Fashion Objects" (2018). Honors Theses, University of Nebraska-Lincoln. 36. https://digitalcommons.unl.edu/honorstheses/36 This Article is brought to you for free and open access by the Honors Program at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Honors Theses, University of Nebraska-Lincoln by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. This Book Is Valuable: An anthology of essays on design and the perception of value in luxury fashion objects. An Undergraduate Honors Thesis Submitted in Partial fulfillment of University Honors Program Requirements University of Nebraska-Lincoln by Carlos Velasco, Bachelor of Fine Arts, BFA Graphic Design Hixson-Lied College of Fine & Performing Arts 2018 Faculty Mentors: Stacy Asher, Associate Professor of Art, Department of Art, Art History and Design Aaron Sutherlen, Assistant Professor of Art, Department of Art, Art History and Design Velasco, 1 Abstract “This Book is Valuable” seeks to analyze how different concepts related to design and culture have influenced the apparent and perceived value of luxury fashion objects. -
Gucci Gang and the Rise of Mumble Rap CS 221 Final Project - Cristobal Sciutto - Computer Science Dept
Gucci Gang and the Rise of Mumble Rap CS 221 Final Project - Cristobal Sciutto - Computer Science Dept. ANN and RNN approach to predicting the commerical success of hip-hop songs based on lyrics and Billboard charts Introduction With the recent surge in popularity of artists such as Lil Pump, Desiigner, and Lil Yachty, many "hip hop heads" have found themselves confused. Hip-hop has historically focused on spitting bars, with artist such as Eminem, Kendrick Lamar, and A Tribe Called Quest reigning as the greatest lyricists of all time. Figures 7, 8, 9: Score Calculation, Pre and Post Normalization Nevertheless, as of late, the songs most played according to Billboards charts and Spotify rankings show very little lyrical prowess. Just look at the lyrics of Infrastructure "Gucci Gang", the current #3 song on the Hot 100 Billboard. In an attempt to understand this transition, I used an ensemble of an ANN and RNN to predict commercial success of tracks based on lyrics. Approach The task being tackled is predicting the popularity of hip-hop songs based on their lyrics, using Billboard charts as a heuristic for commerical success. Lyrical features of songs in the three major categories of semantics, structure, and Figure 10: Data Pipeline vocabulary were extracted. The ideal end model that would be used was an ensemble of a recurrent neural-network (RNN) with a traditional neural network The data pipeline followed is roughly illustrated above. Summarized, data was (ANN). The ANN would take into consideration features related to the totality of a scraped from both the Billboard charts and Genius lyrics website.