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Second Circuit Fair Use Survey: Assessing the Impact of “Transformative Use” Theory, by Case (1982-2016)
Second Circuit Fair Use Survey: Assessing the Impact of “Transformative Use” Theory, by case (1982-2016) Authored by: The Council on Intellectual Property Reporting Subcommittee: Dale Cendali - Kirkland & Ellis LLP Claudia Ray - Kirkland & Ellis LLP Charles S. Sims - Proskauer Rose LLP Barry Werbin - Herrick, Feinstein LLP January 4, 2017 THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK 42 West 44th Street, New York, NY 10036-6689 www.nycbar.org SECOND CIRCUIT SURVEY OF COPYRIGHT FAIR USE DECISIONS ASSESSING THE IMPACT OF “TRANSFORMATIVE USE” THEORY This three decade-plus survey project arose from an informal study of “transformative use” under Section 107 of the Copyright Act that the New York City Bar Association’s Copyright & Literary Property Committee conducted in 2012 -2013. That led to a City Bar “Great Hall” public program entitled Copyright Fair Use: The Importance of Being Transformative - Has Transformative Use Gone Too Far, held on March 11, 2014, which was co-sponsored by the Copyright & Literary Property, Art Law and Entertainment Law Committees. Having seen how dramatically Second Circuit Judge Pierre Leval’s transformative use theory— originally expounded in his 1990 Harvard Law Review commentary entitled “Toward a Fair Use Standard”—has impacted fair use jurisprudence, several current and former members of the IP Council, including former Chairs of the Copyright and Literary Property, Communications, Trademarks and Unfair Competition, and Media Law Committees, suggested that there might be value in conducting a detailed survey of all fair use decisions issued by the Second Circuit since the era of the Supreme Court’s seminal decision in Sony Corporation of America v. -
Syndication's Sitcoms: Engaging Young Adults
Syndication’s Sitcoms: Engaging Young Adults An E-Score Analysis of Awareness and Affinity Among Adults 18-34 March 2007 BEHAVIORAL EMOTIONAL “Engagement happens inside the consumer” Joseph Plummer, Ph.D. Chief Research Officer The ARF Young Adults Have An Emotional Bond With The Stars Of Syndication’s Sitcoms • Personalities connect with their audience • Sitcoms evoke a wide range of emotions • Positive emotions make for positive associations 3 SNTA Partnered With E-Score To Measure Viewers’ Emotional Bonds • 3,000+ celebrity database • 1,100 respondents per celebrity • 46 personality attributes • Conducted weekly • Fielded in 2006 and 2007 • Key engagement attributes • Awareness • Affinity • This Report: A18-34 segment, stars of syndicated sitcoms 4 Syndication’s Off-Network Stars: Beloved Household Names Awareness Personality Index Jennifer A niston 390 Courtney Cox-Arquette 344 Sarah Jessica Parker 339 Lisa Kudrow 311 Ashton Kutcher 297 Debra Messing 294 Bernie Mac 287 Matt LeBlanc 266 Ray Romano 262 Damon Wayans 260 Matthew Perry 255 Dav id Schwimme r 239 Ke ls ey Gr amme r 229 Jim Belushi 223 Wilmer Valderrama 205 Kim Cattrall 197 Megan Mullally 183 Doris Roberts 178 Brad Garrett 175 Peter Boyle 174 Zach Braff 161 Source: E-Poll Market Research E-Score Analysis, 2006, 2007. Eric McCormack 160 Index of Average Female/Male Performer: Awareness, A18-34 Courtney Thorne-Smith 157 Mila Kunis 156 5 Patricia Heaton 153 Measures of Viewer Affinity • Identify with • Trustworthy • Stylish 6 Young Adult Viewers: Identify With Syndication’s Sitcom Stars Ident ify Personality Index Zach Braff 242 Danny Masterson 227 Topher Grace 205 Debra Messing 184 Bernie Mac 174 Matthew Perry 169 Courtney Cox-Arquette 163 Jane Kaczmarek 163 Jim Belushi 161 Peter Boyle 158 Matt LeBlanc 156 Tisha Campbell-Martin 150 Megan Mullally 149 Jennifer Aniston 145 Brad Garrett 140 Ray Romano 137 Laura Prepon 136 Patricia Heaton 131 Source: E-Poll Market Research E-Score Analysis, 2006, 2007. -
An Analysis of Hegemonic Social Structures in "Friends"
"I'LL BE THERE FOR YOU" IF YOU ARE JUST LIKE ME: AN ANALYSIS OF HEGEMONIC SOCIAL STRUCTURES IN "FRIENDS" Lisa Marie Marshall A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY August 2007 Committee: Katherine A. Bradshaw, Advisor Audrey E. Ellenwood Graduate Faculty Representative James C. Foust Lynda Dee Dixon © 2007 Lisa Marshall All Rights Reserved iii ABSTRACT Katherine A. Bradshaw, Advisor The purpose of this dissertation is to analyze the dominant ideologies and hegemonic social constructs the television series Friends communicates in regard to friendship practices, gender roles, racial representations, and social class in order to suggest relationships between the series and social patterns in the broader culture. This dissertation describes the importance of studying television content and its relationship to media culture and social influence. The analysis included a quantitative content analysis of friendship maintenance, and a qualitative textual analysis of alternative families, gender, race, and class representations. The analysis found the characters displayed actions of selectivity, only accepting a small group of friends in their social circle based on friendship, gender, race, and social class distinctions as the six characters formed a culture that no one else was allowed to enter. iv ACKNOWLEDGMENTS This project stems from countless years of watching and appreciating television. When I was in college, a good friend told me about a series that featured six young people who discussed their lives over countless cups of coffee. Even though the series was in its seventh year at the time, I did not start to watch the show until that season. -
Junior Mints and Their Bigger Than Bite-Size Role in Complicating Product Placement Assumptions
Salve Regina University Digital Commons @ Salve Regina Pell Scholars and Senior Theses Salve's Dissertations and Theses 5-2010 Junior Mints and Their Bigger Than Bite-Size Role in Complicating Product Placement Assumptions Stephanie Savage Salve Regina University, [email protected] Follow this and additional works at: https://digitalcommons.salve.edu/pell_theses Part of the Advertising and Promotion Management Commons, and the Marketing Commons Savage, Stephanie, "Junior Mints and Their Bigger Than Bite-Size Role in Complicating Product Placement Assumptions" (2010). Pell Scholars and Senior Theses. 54. https://digitalcommons.salve.edu/pell_theses/54 This Article is brought to you for free and open access by the Salve's Dissertations and Theses at Digital Commons @ Salve Regina. It has been accepted for inclusion in Pell Scholars and Senior Theses by an authorized administrator of Digital Commons @ Salve Regina. For more information, please contact [email protected]. Savage 1 “Who’s gonna turn down a Junior Mint? It’s chocolate, it’s peppermint ─it’s delicious!” While this may sound like your typical television commercial, you can thank Jerry Seinfeld and his butter fingers for what is actually one of the most renowned lines in television history. As part of a 1993 episode of Seinfeld , subsequently known as “The Junior Mint,” these infamous words have certainly gained a bit more attention than the show’s writers had originally bargained for. In fact, those of you who were annoyed by last year’s focus on a McDonald’s McFlurry on NBC’s 30 Rock may want to take up your beef with Seinfeld’s producers for supposedly showing marketers the way to the future ("Brand Practice: Product Integration Is as Old as Hollywood Itself"). -
The Tricky Part
Don’t Miss The Tricky Part at Mondavi by Chris Narloch f you are a fan of meaty, moving theater, you won’t want to miss the highly acclaimed, OBIE Award-winning play The ITricky Part, coming to the Mondavi Center this June, courtesy of the UC Davis Department of Theatre and Dance. A true story of sexuality, spirituality and the mystery of human experience, The Tricky Part is one of the most heralded one-man plays in recent memory. Between the ages of 12 and 15, Martin Moran had a sexual relationship with an older man. Many years later, Moran found and confronted his abuser. Moran, a New York-based actor and author, has transformed his story into a riveting, often funny and always surprising journey through the complexities of Catholicism, desire and human trespass. The New York premiere of ‘The Tricky Part’ received a 2004 Obie Award and two Drama Desk nominations including Outstanding Play. The New York Times hailed the work as “a translucent memoir of a play … shattering.” Martin Moran was awarded a 2013 Lucille Lortel Award for Outstanding Off-Broadway Solo Show for All the Rage. His Broadway and off-Broadway credits include: Spamalot, Cabaret, Titanic, Bells Are Ringing, and How To Succeed in Business…. Film and television credits include The Newsroom, The Big C, and Law & Order. See Martin Moran in his acclaimed production of The Tricky Part this June 1-3 at 7 p.m. in the Vanderhoef Studio Theatre at the Robert and Margrit Mondavi Center for the Performing Arts. Tickets are $20 for adults and $10 for students and may be purchased through MondaviArts.org, by phone at 530-754-2787 or at the door. -
By Jennifer M. Fogel a Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy
A MODERN FAMILY: THE PERFORMANCE OF “FAMILY” AND FAMILIALISM IN CONTEMPORARY TELEVISION SERIES by Jennifer M. Fogel A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (Communication) in The University of Michigan 2012 Doctoral Committee: Associate Professor Amanda D. Lotz, Chair Professor Susan J. Douglas Professor Regina Morantz-Sanchez Associate Professor Bambi L. Haggins, Arizona State University © Jennifer M. Fogel 2012 ACKNOWLEDGEMENTS I owe my deepest gratitude to the members of my dissertation committee – Dr. Susan J. Douglas, Dr. Bambi L. Haggins, and Dr. Regina Morantz-Sanchez, who each contributed their time, expertise, encouragement, and comments throughout this entire process. These women who have mentored and guided me for a number of years have my utmost respect for the work they continue to contribute to our field. I owe my deepest gratitude to my advisor Dr. Amanda D. Lotz, who patiently refused to accept anything but my best work, motivated me to be a better teacher and academic, praised my successes, and will forever remain a friend and mentor. Without her constructive criticism, brainstorming sessions, and matching appreciation for good television, I would have been lost to the wolves of academia. One does not make a journey like this alone, and it would be remiss of me not to express my humble thanks to my parents and sister, without whom seven long and lonely years would not have passed by so quickly. They were both my inspiration and staunchest supporters. Without their tireless encouragement, laughter, and nurturing this dissertation would not have been possible. -
Rector's Corner
ST. MICHAEL’S/LA GRACIA APRIL 6, 2014 As you may know, Iglesia Episcopal de la Gracia (formerly St. RAYER ONCERNS P C Michael’s) in Huffman is closing its doors this summer. The Parish For all who suffer in mind, body, or spirit, and especially for: Life and Evangelism committee of the diocese has been charged with making a recommendation regarding what to do with this Virginia Cottrell Isaac Okoro ~ Parishioner property. At our last meeting we agreed that selling the property Friend of Gloria Smith should be our last resort. Mimi Arrington Gina, Shelby, & Savannah Friend of Anne Henderson I want to get a group of people together to help investigate Friends of Dn. Steve alternate ways to use this space. Please let me know if you, or Tom Walachy a fellow parishioner, are a strong candidate to investigate with me. Regina Lewis ~ Parishioner Father of Carol Gallien Also, if you know someone with strong ties to the Huffman community, that would be helpful to know, too. I appreciate your Greg Wynn ~ Parishioner Raye Newton giving this some thought. Mother of Camille Turner Angela Smith Faithfully, Niece of Gloria Smith Mike Caraway ~ Parishioner The Rev. Jack Alvey All Saints’ Episcopal Church Donica Creasy ~ Parishioner Dave Perry ~ Parishioner Associate Rector Leslie Imp Faye Kelley 205.769.3180 Friend of Stef Underwood Friend of Anne Henderson John Talmadge ~ Parishioner David Meadows ~ Parishioner RECTOR’S CORNER Jean Barron ~ Parishioner Janet Park Daughter of Betty Thompson Sylvia Nicodemus ~ Parishioner Did You Know...? Some famous Episcopalians: Bryce Lewis ~ Parishioner Robin Mathias Friend of Anne Mayo Robin Williams Judy Garland Karen Bain ~ Parishioner Comedian & actor Actress & singer Bette Wing Michael Roche Sister of Jeanne Sandford Judy Collins Rosanne Cash Nephew of Inga Strickland Singer Country music artist Jezzy Roesler Stoney Dawe & Cathy Watkins Step-granddaughter Cecil B. -
Saturday Morning, Jan. 19
SATURDAY MORNING, JAN. 19 FRO 6:00 6:30 7:00 7:30 8:00 8:30 9:00 9:30 10:00 10:30 11:00 11:30 COM Good Morning America (N) (cc) KATU News This Morning - Sat (N) (cc) Jack Hanna’s Wild Ocean Mysteries Born to Explore Recipe Rehab Food for Thought Sea Rescue (N) 2/KATU 2 2 Countdown (N) (TVG) Chili. (N) (TVG) (TVG) 5:00 CBS This Morning: Saturday Doodlebops Doodlebops Old Busytown Mys- Busytown Mys- Liberty’s Kids Liberty’s Kids Paid Paid College Basketball Regional Cov- 6/KOIN 6 6 (cc) (Cont’d) (TVY) ukulele. (TVY) teries (TVY) teries (TVY) (TVY7) (TVY7) erage. (N) (Live) (cc) NewsChannel 8 at Sunrise at 6:00 NewsChannel 8 at Sunrise at 7:00 AM (N) (cc) Poppy Cat (TVY) Justin Time LazyTown (cc) Paid Paid Paid 8/KGW 8 8 AM (N) (cc) (TVY) (TVY) Sesame Street Elmo and Rosita Curious George Cat in the Hat Super Why! (cc) SciGirls Habitat Research Rescue Squad Students The Victory Gar- P. Allen Smith’s Sewing With Sew It All (cc) 10/KOPB 10 10 sing about the letter G. (TVY) (TVY) Knows a Lot (TVY) Havoc. (TVG) do research. den (TVG) Garden Home Nancy (TVG) (TVG) Good Day Oregon Saturday (N) Elizabeth’s Great Mystery Hunters Eco Company (cc) Teen Kids News The American The Young Icons Paid 12/KPTV 12 12 Big World (cc) (TVG) (TVG) (N) (cc) (TVG) Athlete (TVG) (TVG) Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Atmosphere for Paid 22/KPXG 5 5 Miracles The Lads TV (cc) Auto B. -
^Outli of the Fl^Joun Tu I N 5
^outli of the fl^joun tu i n 5 published by Tappan Zee Historical Society Rockland County, Orangeburg, New York Vol. 8 No. 4 October-December 1964 DUNDERBERG By J. R. Dunham Laird The Hudson River, one of the most beautiful and interesting of all the rivers in America, flows from the majestic Adirondacks southward to the Atlantic, guided in its course by several groups of mountains. One of these groups of mountains is known as the Hudson Highlands. Rising from the flatlands that enclose the Newburgh Bay area, they narrow the waters so that the river becomes deep; and they funnel the winds so that they become gusty and unpredictable, and often roar through the mountains, and the region is famous among boatmen and river people for the sudden onslaught of storms. Particularly is this true of the winds funneled and confined by that section of the Highlands be tween Anthony’s Nose on the east, Bear Mountain on the west, and a mountain to the south that our early Dutch forebears called Donder Berg, or Thunder Mountain. Here in summer one may often see the storm brooding. The Goblins Washington Irving in his legend of The Storm-Ship, poking fun at the early Dutch navigators, states: “The captains of the river craft talk of a little bulbous-bottomed Dutch goblin, in trunk hose and sugar- loafed hat, with a speaking trumpet in his hand, which, they say, keeps the Donder Berg. They declare that they have heard him, in stormy weather, in the midst of the turmoil, giving orders in Low Dutch, for the piping up of a fresh gust of wind, or the rattling off of another thunder clap. -
The Bartender's Best Friend
The Bartender’s Best Friend a complete guide to cocktails, martinis, and mixed drinks Mardee Haidin Regan 00 bartenders FM_FINAL 8/26/02 3:10 PM Page ii 00 bartenders FM_FINAL 8/26/02 3:10 PM Page i The Bartender’s Best Friend 00 bartenders FM_FINAL 8/26/02 3:10 PM Page ii 00 bartenders FM_FINAL 8/26/02 3:10 PM Page iii The Bartender’s Best Friend a complete guide to cocktails, martinis, and mixed drinks Mardee Haidin Regan 00 bartenders FM_FINAL 8/26/02 3:10 PM Page iv This book is printed on acid-free paper. Copyright © 2003 by Mardee Haidin Regan. All rights reserved Published by John Wiley & Sons, Inc., Hoboken, New Jersey Published simultaneously in Canada No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permis- sion of the Publisher, or authorization through payment of the appropriate per- copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 750-4470, or on the web at www.copy- right.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, (201) 748-6011, fax (201) 748-6008, e-mail: [email protected]. Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. -
BLANKET Statement HITTING the BOOKS in THEFRAME
DESIGN UMÉ STUDIO’s Erode soaps, $48 HITTING each, come in a range of scents and patterns, and THE BOOKS are intended to be paired with the NEWLY PRINTED PAGES OF CALIFORNIA brand’s hand-cast DESIGN INSPIRATION concrete Bouton dishes, $35 each. PERSONAL SPACE Courteney Cox and Laura Dern go to designer Trip Haenisch for low-key elegance with an Bold as Brass edge; now you can take cues from the If Emeryville-based artist Beth Naumann’s brass wall hangings remind you of the Bay Curves Ahead talent yourself. Area’s evocative art deco structures, it’s no coincidence: She studied interior architecture For the sweeping slopes of their Erode soap collection, Rizzoli New York, $50. and product design at Kansas State University, and worked at an architectural firm, before the Oakland-based duo behind Umé Studio drew upon moving to California in 2009 and launching her art career and jewelry brand, Hellbent, their shared architectural prowess—founders Mei-Lan two years later. (She devoted herself full time to those pursuits in 2014.) Naumann, who’s Tan and Victor Lefebvre met at Swiss firm Herzog never had formal metalwork training, says she is “always looking at buildings to see how NOTES ON DECOR, ETC. & de Meuron in 2014. Made from garden botanicals, different shapes interact with each other.” For her mesmerizing creations, she molds every Paul Fortune offers mineral-rich clays and essential oils, the art-meets-utility piece of brass by hand, having developed her own looping technique to hold the strands colorful anecdotes from forms are an ode to landscapes worn away by water and wind. -
Half Way Down the Trail to Hell
Half Way Down The Trail To Hell A Wartime Remembrance in Three Parts By Stephen E. Kirkland i Prologue “The danger, being around veterans, the memories are so selective and so heroic that you’ve got to be careful talking to a guy like me.” George Herbert Walker Bush A while back I discovered the Library of Congress is conducting a program called The Veterans History Project. The mission of the project is the collection and preservation of veteran’s wartime recollections and documents before they are lost forever. Like many wartime veterans, I concentrated on getting on with my life. I needed a job that would allow me to marry, buy a house and raise a family. I didn’t feel anything I had experienced in Vietnam would contribute to these goals, and I felt that, for the most part, people who hadn’t served didn’t know or even care what I had seen or done. The country’s attitude was different than with the Gulf War veterans and I deflected the few inquires that were made, especially the ones that contained the words “Did ya’ kill anybody?” I was too busy dealing with the present to spend a lot of time staring into the past. Now, almost four decades after returning home, the time has come to look back and try to recreate a piece of personal history, albeit history filtered though my water colored memories. I’ve relied on a number of sources for this remembrance, not the least of which were letters that I wrote home.